Terms and Conditions

SemiReal

LEGAL NOTICE

This page sets out the terms and conditions for the use of the SemiReal (SR) services and products by Vanilla Monster Pty Ltd (ACN 675 505 209) (we, us, our) to which we provide access through our Website https://semireal.app and any Vanilla Monster associated website, mobile application/s and services through which you access our services. Please read these Terms carefully as your use of the Website and engagement with any products and/ or services offered on the Website is subject to these Terms. By engaging with us via the Website or continuing to use the Website, you agree to be bound by these Terms. We reserve the right to change these Terms from time to time, to which we will notify you through our Website.

Use of your personal information submitted via the Website is governed by our Privacy Policy. Any references to Website within these Terms and any related policies, include any current or future version of our website and any Vanilla Monster associated mobile application/s through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately.

1. COMPANY DETAILS
1. Company details: Vanilla Monster [Pty Ltd] (ABN 675 505 209) is a company registered in New South Wales, Australia at [Address 1/220 King St Mascot NSW 2033].
2. WEBSITE USE AND TERMS
1. Website access & use: You may access and use some areas of the Website without making an Order or registering your details with us. Most areas of the Website are accessible by the general public. When you use the Website, subscribe or register an account, you will provide us with personal information such as, but not limited to, your name, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
2. Acceptance of Terms: By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
3. Revision of Terms: We may revise these Terms at any time. You should check the Website regularly to review the current Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms and that they comply with them.
3. CUSTOMER CARE
1. General: Customer care is extremely important to us. Subject to paragraphs 3.5 and 8, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by emailing us or by calling the telephone number shown under the "About us" link on the Website. Alternatively, you can access the list of frequently asked questions FAQ.
2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to resolve your query.
3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to resolve or fulfil your requests. However, there is no guarantee that we will be able to do so as we may already started to process your Order.
4. Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products or the service provided by us, please consider providing feedback in the form of ratings, comments and reviews on the Website (Reviews). The Reviews are an important part of our quality control process.
5. Compensation: If you are dissatisfied with the quality of any Products or Services provided by us and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact Customer Care Team directly to lodge your complaint. Please note that we might be not able to provide, and have no responsibility or liability for providing, any compensation to you.
4. LICENCE
1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
1. You must not misuse the Website (including by hacking or "scraping").
2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with paragraph 4.1 is prohibited.
3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4. You must ensure that our status as the author of the material on the Website is always acknowledged.
5. You are not allowed to use any of the materials on the Website You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
2. Limitation on use: Except as stated in paragraph 4.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
3. Reservation of rights: Any rights not expressly granted in these Terms are reserved.
5. SERVICE ACCESS
1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6. VISITOR MATERIAL AND REVIEWS
1. General:
1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) (Visitor Material) will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 6.2 to 6.3 below.
2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
1. breaches any applicable local, national or international law;
2. is unlawful or fraudulent;
3. amounts to unauthorized advertising; or
4. contains viruses or any other harmful programs.
3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
1. contain any defamatory, obscene or offensive material;
2. promote violence or discrimination;
3. infringe the intellectual property rights of another person;
4. breach any legal duty owed to a third party (such as a duty of confidence);
5. promote illegal activity or invade another's privacy;
6. give the impression that they originate from us; or
7. be used to impersonate another person or to misrepresent your affiliation with another person.
4. Removal of Reviews: The prohibited acts listed in paragraphs 6.2 and 6.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 6.2 or 6.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, Vanilla Monster will not remove or edit reviews where Vanilla Monster believes that doing so would be in breach of the Australian Consumer Law.
5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by any other third party arising out of or in connection with any Reviews or other visitor material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 6.
7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 6.2 or 6.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
7. LINKS TO AND FROM OTHER WEBSITES
1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
2. Linking permission: You may link to the Website's homepage, provided that:
1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 6 (Visitor Materials and Reviews));
4. We have the right to withdraw linking permission at any time and for any reason.
8. DISCLAIMERS
1. Website information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.
2. Specials listed on the Website are subject to change. We may alter our specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through any loyalty discount program are non-transferable and are not redeemable for cash.
3. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
9. LIABILITY
1. General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Terms.
2. Exclusion of liability: Subject to clause 9.1, and your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
1. any loss of profits, sales, business, or revenue;
2. loss or corruption of data, information or software;
3. loss of business opportunity;
4. loss of anticipated savings;
5. loss of goodwill; or
6. or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
3. Limitation of liability: Subject to clauses 8, 9.1 and 9.2, and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.
4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
5. Indemnity: You agree to indemnify and hold Vanilla Monster and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
10. TERMINATION
1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
1. you have used the Website in breach of paragraph 4.1 (Licence);
2. you have posted Reviews or other Visitor Material in breach of paragraphs 6.2 or 6.3 (Visitor Material and Reviews);
3. you have breached paragraph 7.2 (Links to and from other websites); or
4. you have breached any other material terms of these Terms.
2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
11. WRITTEN COMMUNICATIONS
1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. strikes, lock-outs or other industrial action;
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic, global pandemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks; and
6. the acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
13. ADDITIONAL TERMS
1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms by this reference and is available on our Website through our Privacy Policy page.
2. Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
3. Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
4. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
5. Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
6. Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
14. GOVERNING LAW AND JURISDICTION
1. These Terms shall be governed by and construed in accordance with the law of New South Wales, Australia. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

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