Terms Of Service
This Terms of Service (“Agreement” or “Terms”) Agreement is between you and Thieves (Three Thousand Theives Pty Ltd) ) may be referred to collectively as “Thieves”, “Three Thousand Thieves”, “the company”, “we”, “our”, or “us”).
Thieves may revise these Terms at any time. Your continued usage of the Thieves Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations.
The terms “you", “your", “user", and “users", as used herein, refer to all individuals and/or entities accessing the Thieves Services for any reason.
USE OF THE THIEVES SERVICES
2.1. Use Restrictions
The content on the THIEVES Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from THIEVES’s licensors, and any other materials displayed through the THIEVES Services (collectively, the “Contents”) is protected by copyright. Title to the Contents remains with THIEVES or its licensors. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of THIEVES or its licensors.
THIEVES authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2020, Thieves” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the THIEVES Services may be included elsewhere within the THIEVES Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to THIEVES and its licensors. If you violate any of these Terms, your permission to use the contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, THIEVES grants you a non-exclusive limited, non-transferable license to use the THIEVES Services. You may not distribute or make the THIEVES Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the THIEVES Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the THIEVES Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by THIEVES that replace and/or supplement the original THIEVES Services, unless such upgrade is accompanied by separate or updated Terms of Service.
You may not, without THIEVES’s written permission, “mirror” any Contents contained in the THIEVES Services or any other server. THIEVES reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the THIEVES Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2. User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), THIEVES does not claim ownership of any information or material a user provides to THIEVES or posts, uploads, input, submits, or transmits to the THIEVES Services (“Submission(s)”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the THIEVES Services, or which, in the judgment of THIEVES, exposes THIEVES or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by THIEVES. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—THIEVES a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, THIEVES is not required to use any Submission.
You are solely responsible for your Submissions, the consequences of making a Submission, and your reliance on any Submissions. THIEVES is not responsible for the consequences of any Submission. THIEVES is not responsible for screening or monitoring Submissions made to the THIEVES Services by users. THIEVES reserves the right (but is not obligated) to: (a) where permitted by applicable law, record the dialogue on the THIEVES Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the THIEVES Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the THIEVES Services, regardless of whether such Submission violates these Terms.
2.3. Submission of Ideas
THIEVES policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions or other works.
2.4. Your Account
If you use the THIEVES Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password (whether authorized or not). THIEVES reserves the right to refuse service, terminate accounts, remove or edit content, and/or cancel orders in its sole discretion.
TERMS OF SALE
3.1. Sale of Products and Memberships
Thieves sells coffee subscription services, coffee products, coffee machines, coffee making tools, coffee accessories, tea, chocolate, and other food and beverage products.
3.2. Placing an Order
3.3. Product and Membership Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the THIEVES Services. The price that we will charge you for the Products and Memberships depends on the Membership you choose, including the numbers of Products you select for each box (each, a “Box”). The price that we will charge you for the Products and Membership will be the price as posted on the THIEVES Services on the date you first sign-up for a Membership, less any discounts or promotional offers. We reserve the right to change prices for Products and Memberships at any time (without notice to you), and, unless otherwise required by applicable law, we do not provide price protection or refunds in the event of promotions or price decreases. Unless otherwise stated, all prices quoted are in Australian dollars and where applicable, inclusive of all GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
3.4. Trials and Promotions
Your Membership may (at THIEVES’s option) start with a promotional trial period, allowing you to receive your first shipment at a reduced price or to otherwise receive trial Product(s) at a reduced price as compared with your Membership Fee (“Trial”). You may also choose to add additional Products to your Box on a one-time or recurring basis (“Add-On Products”). During the Trial period, your Payment Method (as defined below) will be charged for only the Trial price and shipping and taxes, if applicable and any Add-On Products selected. For combinations with other promotions and offers, restrictions may apply. THIEVES reserves the right, in its sole, reasonable discretion, to determine your Trial eligibility (for instance, to include only new customers or to limit promotional offers to one per household).
Thereafter, you will receive full-size Products shipped regularly based on the Membership and/or Products you choose at the time you signed up for the Trial (each a “Restock Box”). THIEVES will bill your credit card, debit card, or other THIEVES-accepted payment method (“Payment Method”) for the applicable Restock Box -- based on the Product and Membership type and frequency you selected, and any Add-On Products you select for each Box -- at the end of the Trial period, unless you cancel your Membership prior to the end of the Trial period in accordance with Section 4.3.
To view the specific details of your Membership, including frequency of shipments and next ship date, visit our website and click the ‘Your Account’ page. We may authorize your Payment Method through various methods, including authorizing it for up to approximately one (1) month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial period. You will not receive a notice from us that your promotional (reduced Trial) pricing has ended. THIEVES reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, Trial or other offer or promotion at any time without prior notice and with no liability, where it is lawful to do so. Any and all Products, Memberships, offers or promotions advertised on the THIEVES Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
If you are dissatisfied with any of our Products for any reason, we will refund the amount paid for the Product(s) in your most recent delivery (if you received a discount, then the amount we will refund is the discounted price) if you provide notice to us as described below. Refund requests must be made directly to us at email@example.com within 30 days of the date of shipment by THIEVES. If we ask you to do so, you must return the Product(s) in accordance with the instructions which we give you. We are not liable for Products that you return to us that are damaged or lost in transit to THIEVES, so we advise you to return your Product(s) using a tracked delivery method. Promptly following THIEVES’S receipt of your request (typically within five (5) business days), or, if applicable, promptly following return of your Product(s), THIEVES will credit the amount paid for the returned Product(s) (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, THIEVES does not control when a specific Payment Method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by THIEVES more than 30 days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
Our goods come with guarantees that cannot be excluded under certain laws. The benefits and limitations set out above are in addition to all other rights and remedies that you have under applicable law and do not limit, exclude or restrict your rights which cannot be limited, excluded or restricted under applicable law, including the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).
MEMBERSHIP TERMS AND CANCELLATION POLICY
4.1. Recurring Membership; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH RECURRING MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS. THIS DOES NOT APPLY TO GIFT SUBSCRIPTIONS THAT ARE FIXED IN TERM.
THIEVES will automatically renew your Membership and charge your Payment Method depending on the available Membership and/or Restock Box shipping frequency chosen by you, unless we or you cancel your Membership in accordance with these Terms.
Your Payment Method will be charged at least one full business day prior to your next Box shipping date. We will charge your Payment Method with the applicable recurring cost of your Restock Box, and any Add-On Products, excluding any Products you ‘snooze’ or remove in accordance with these Terms, plus any shipping and handling costs and sales or similar taxes that may be charged with your Membership. You authorize this renewal by agreeing to the automatic renewal of your Membership and these Terms during the Member sign-up process.
To avoid being charged, you must cancel your Membership in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Membership and Box shipping frequency selected) until you cancel.
4.2. Pausing and Resuming Products; Discontinuing Products
Your ability to pause Products THIEVES offers its members the ability to temporarily pause (or ‘snooze’) any one or more Products included in their Memberships (“Pause Period”)—you can do this by logging into your account and visiting the ‘My THIEVES’ pages. During the Pause Period, Members will remain active Members, but they will not receive the Products which they have paused in their next delivery of a Restock Box. During the Pause Period, Members will continue to receive communications from THIEVES via email, and continue to receive (and be charged for) the delivery of any Restock Boxes (with the exception of the paused Product(s).
The amount we charge your Payment Method will be reduced, for your next Restock Box, to reflect the fact that we will not be delivering the paused Product(s). If you are entitled to a discount, based on the number of Product(s) in your Restock Box, under a THIEVES promotion, then that discount will be recalculated for your next delivery, based on the number of Products in your Restock Box, excluding the paused Product(s).
Requests to pause a Product must be received at least five full working days prior to your next shipping date to take effect for that delivery. Pause requests received by THIEVES through other channels (for example, by email to firstname.lastname@example.org) may take up to five (5) days to process. Otherwise, that request will take effect on the following delivery.
Following the delivery for which you paused a Product, the Pause Period will end and the Product(s) that you paused will be included in subsequent deliveries of your Restock Box (unless you pause it again or permanently remove it in accordance with these Terms). You may email any questions about the Pause Period to us at email@example.com.
Our right to pause or discontinue products.
From time to time, we may pause a Product included in your Restock Box—for example if there is no availability of that Product at the time of shipping. We may permanently discontinue Products included in your Membership from time to time. If this applies to you, then we will send you an email, using the email address we hold for you. Your Payment Method will not be charged for Products which are not included in your Restock Box, either because we have paused them or because they have been discontinued.
4.3. Membership Cancellation or Modifications
Cancellation by Us
We may cancel your Membership at any time if you do not make any payment to us when it is due and you still do not make payment within thirty (30) days of us reminding you that payment is due. We reserve the right to not ship any Products or Box to you unless your payment for those Products, or that Box, has cleared.
We may also cancel your Membership at any time if any of the following conditions are met: (a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, your postal address; (b) if you do not, within a reasonable time, allow us to deliver the Product(s) to you; or (c) if we suspect that a purchase was fraudulently made or an account was fraudulently set up.
Cancellation or modification by You
You may cancel or modify your Membership at any time by logging on to your account page on the THIEVES website. To cancel or modify a Membership, please log in to your account and select the ‘Membership Options’ link at the bottom of the page, then follow instructions towards cancellation or modification. Cancellation or modification requests submitted in this manner must be received at least three full business days prior to your next shipping date to avoid being charged for that shipment. Cancellation or modification requests received after that shall take effect the following month. Cancellation or modification requests received by THIEVES through other channels may take up to five (5) business days to process—you may be charged for your next shipment if your cancellation request is not received in time for processing before your next shipping date. If you have any problems, please email us at firstname.lastname@example.org
If you cancel or modify your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term for which you have paid. To the maximum extent permitted by applicable law, you will not be eligible for a prorated refund of any portion of the Membership Fees paid for any unused days of the then-current Membership term.
CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES
The THIEVES Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). THIEVES does not investigate, monitor, or review any Third-Party Pages and/or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. THIEVES is not responsible for the Third-Party Pages and/or any Third-Party Applications accessed through the THIEVES Services. You agree that THIEVES shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any Third-Party Pages and/or any Third-Party Applications, or as a result of the presence of such Third-Party Pages and/or Third-Party Applications on the THIEVES Services.
The inclusion of any hyperlinks to any Third-Party Pages and/or Third-Party Applications on the THIEVES Services does not indicate THIEVES’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the THIEVES Services, or based on such third-party’s participation or presence on the THIEVES Services, are solely between you and the third party. THIEVES makes no representations or warranties with respect to the content, ownership, or legality of any such linked Third-Party Pages and/or Third-Party Applications. If you choose to leave the THIEVES Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold THIEVES, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "THIEVES Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the THIEVES Services and/or Contents, or your violation of these Terms. THIEVES reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate in asserting any available defences.
MODIFICATION OR SUSPENSION OF THE THIEVES SERVICES
You agree that THIEVES may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the THIEVES Services, any part thereof (including any Contents), temporarily or permanently, without notice or liability to you. If you are an Australian or New Zealand user and we reasonably consider that an amendment to these Terms will have a material detrimental effect on your rights and obligations, where reasonably practicable, we will give you prior notice before such amendment becomes effective.
To the fullest extent permissible by applicable law, THIEVES makes no claims that the Contents are appropriate or may be downloaded outside of Australia or New Zealand. Access to the Contents may not be legal by certain persons or in certain countries. If you access the THIEVES Services from outside Australia or New Zealand, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of THIEVES and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
CHOICE OF LAW
The Laws of the State of Victoria, in the Commonwealth of Australia, govern this agreement.
CUSTOMER SERVICE: Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at email@example.com or Thieves, Attn: Customer Service, 150 Cecil St, Fitzroy, VIC, 3065. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 11 govern dispute resolution between us.
ARBITRATION: If, after any dispute arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. If the parties elect to use arbitration, disputes shall be referred to the Australian Centre for International Commercial Arbitration and be arbitrated in Australia.
QUESTIONS, COMPLAINTS, CLAIMS
If you have any questions, complaints or claims with respect to the THIEVES Services, please contact us at: Attn: Member Services Address: 150 Cecil St, Fitzroy, VIC, 3065. E-Mail: firstname.lastname@example.org We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of THIEVES to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
Updated: 15 July 2020