TERMS AND CONDITIONS
About the Website
Welcome to IndAus Basket (https://www.indAusbasket.com.au) – This Website allows you to browse through and purchase various products that have been listed for sale. The Website is owned and operated by Sydney Murugan Pty Ltd, Liverpool, NSW, Australia, operating online as IndAus Basket.
Acceptance of the Terms
Please read these terms and conditions (Sales Agreement) carefully. This Sale Agreement is a legal contract between the Customer and “Indaus Basket” and its owner Sydney Murugan Pty Ltd. References to “you” or “your” shall relate to the Customer and references to “Indaus Basket” shall relate to Inadaus Basket, Sydney Murugan Pty Ltd, Liverpool, NSW, Australia and its affiliates.
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately. You accept the Terms by remaining on the Website. You also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Indaus Basket in the user interface.
Indaus Basket reserves the right to review and change any terms of the Sale Agreement by updating this page at its sole discretion. When Indaus Basket updates the Terms, it will endeavour to provide you with notice of updates to the Terms. Any changes to these Terms, take immediate effect from the date of its publication on the website.
This Sale Agreement constitutes the entire agreement between the Customer and Indaus Basket relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Indaus Basket. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Indaus Basket at the address on the website.
In the event of any conflict between the terms and conditions stated on any purchase order, and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
The law states that a minor cannot enter into contracts. By making an on-line purchase the Customer accepts these terms & conditions and acknowledges to be over the age of eighteen (18) years and enters into a legal contract with Indaus Basket.
Should Indaus Basket suffer any loss or damage, as a result of a transaction entered into by a minor, Indaus Basket reserves the right to seek compensation and legal action for such lossesfrom the parents or guardians of the minor who caused the order to be placed.
This agreement and any sales hereunder shall be governed by the laws of the State of New South Wales. The customer consents to the jurisdiction of any court in New South Wales, Australia for purposes of any suit, action or proceeding arising out of this sale agreement.
Title and Risk of Loss
Title to goods herein being purchased passes to the purchaser upon delivery of the goods, unless otherwise specified or the payment for the goods is unsuccessful for any reason. Loss or damage that occurs during shipping by a carrier selected by Indaus Basket is Indaus Basket’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
Goods herein are being purchased are use and consumption within Australia only, and not for re-export outside of Australia. If the customer exports any product purchased from Indaus Basket and exports it outside of Australia, the customer will be doing so at their own risk. It will be customer’s responsibility to fulfil federal government’s regulations before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void for goods exported outside the Australia.
You acknowledge that Indaus Basket or Sydney Murugan Pty Ltd. does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the products other than provided for pursuant to these Terms.
Indaus Basket will make every effort to ensure a product is accurately depicted on the IndAus Basket website. However, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded. Indaus Basket will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of images in the products, Categories, Sub-Categories, Brand etc may not be the images of the actual product. Images are only for the representational purpose.
Use of the Website, the Purchase Services, and any of the products of Indaus Basket (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Indaus Basket, are provided to you on an “As is” and “As available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Indaus Basket (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Indaus Basket) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer, as a result of any of the following :
- - Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- - The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- - Costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
The Content or operation in respect to links which are provided for the User’s convenience;
Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; Or any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
Indaus Basket’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Indaus Basket is the resupply of information or Purchase Services to you.
You expressly understand and agree that Indaus Basket, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Indaus Basket is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Indaus Basket, by third parties or by any of the Purchase Services offered by Indaus Basket.
Your Obligations as a Registered User
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- 1) an email address
- 2) preferred username
- 3) a password
- 4) Full Name
- 5) a delivery address
- 6) a contact phone number
- 7) date of birth.
You warrant that any information you give to Indaus Basket in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (‘Registered User’) and agree to be bound by the Terms. As a Member you will be granted access to the Purchase Services.
As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- - Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Indaus Basket of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- - Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Indaus Basket providing the Purchase Services;
- - You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- - You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Indaus Basket for any illegal or unauthorised use of the Website;
- - And you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
You may not use the Purchase Services and may not accept the Terms if:
- - You are not of legal age to form a binding contract with Indaus Basket; or
- - You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from whichyou use the Purchase Services.
Purchase of Products and Returns Policy
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). Payment of the Purchase Price may be made through one of the following third party providers:
3rd party payment gateway service
Pay on delivery, EFTPOS on delivery
Indaus Basket may, at their sole discretion, provide a refund on the return of the Products within 5 working days (excluding frozen items) where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
Copyright and Intellectual Property
The Website, Purchase Services and all of the related products of Indaus Basket are the property of IndAus Basket and its owners – Sydney Murugan Pty Ltd, Liverpool, NSW, Australia, and subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by IndAus Basket or its contributors.
IndAus Basket retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
The business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of IndAus Basket;
or the right to use or exploit a business name, trading name, domain name, trade mark or industrial design;
or a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Indaus Basket or Sydney Murugan Pty Ltd and its affiliates and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Indaus Basket as set out below.
- If you want to terminate the Terms, you may do so by:
- - Notifying Indaus Basket at any time;
- - And closing your accounts for all of the Purchase Services which you use, where Indaus Basket has made this option available to you.
Your notice should be sent, in writing, to Indaus Basket via email at firstname.lastname@example.org.
Indaus Basket may at any time, terminate the Terms with you if :
- - You have breached any provision of the Terms or intend to breach any provision;
- - Indaus Basket is required to do so by law;
- - the partner with whom Indaus Basket offered the Purchase Services to you, has terminated its relationship with Indaus Basket or ceased to offer the Purchase Services to you;
- - Indaus Basket is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- - The provision of the Purchase Services to you by Indaus Basket is, in the opinion of Indaus Basket, no longer commercially viable.
Subject to local applicable laws, Indaus Basket reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Indaus Basket’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Indaus Basket have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Indaus Basket, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice by that other party, the parties to the Terms must:
Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association;
Conflict Resolution Service or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Purchase Services offered by Indaus Basket is intended to be viewed by residents of Sydney Metro. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
You are entitled for exclusive offers and sales via email and phone once you checkout from our portal. You can any time opt it out.
Order & Delivery
For the orders with online payment, the person with name on the payment card, must be present to receive the delivery. The customer will be asked to present valid ID and the signature on the back of the card must match on the delivery docket. If any of this requirements does not meet, we retain the right to cancel the order and it will attract $25 cancellation fees.
If you wish to cancel your order than please contact us on 02.96022317. Any orders cancelledmay incur a $25 or 5% of your order amount (whichever is higher) cancellation fees.