This Website africanbites.com.au (“the Website”) is owned and operated by AFRICAN BITES, a brand of EKUA GROUP (herein referred to as “African Bites”, “AB”, “us”, “we” and “our”). African Bites operates under the same ABN as EKUA GROUP, as such, these Terms & Conditions are applicable for Ekua Group and all legally affiliated businesses.
African Bites is a sole trader business in New South Wales, operating under the laws of the Commonwealth of Australia whose registered head office is at Bowden Street, North Parramatta, NSW, Australia, 2151 and store is located at Toscana Street, Prestons, NSW, Australia, 2170. African Bites is a family owned and operated home-based bakery, online shop and catering company, operating a commercial kitchen and delivery services throughout New South Wales.
Our ABN is ABN 76 600 343 492
Use of African Bites Website, its online shop, catering and delivery services and any other activities related to dealings with this company is subject to the following terms and conditions. By dealing with African Bites, visiting or using our Website and online shop, every user (“You”, “Your Business” or “Your Company” and all affiliated people and entities to you agree to these Terms and Conditions, which include our Privacy Policy terms (available at www.africanbites.com.au/privacypolicy) (Terms).
12. System Requirements
The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Website. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Website are your responsibility.
14. Indemnity
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Website and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
17. Disclaimers
To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed $20 AUD.
19. Third Party Rights
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement.
20. Law & Legal Notices
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Website. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Australian Law governs this Agreement and your use of the Website, and you expressly agree that the Australian courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Website.
21. Acknowledgements
You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Website. You acknowledge that it is your responsibility to check the Website regularly to ascertain if changes have been made and your continued use of the Website after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Website you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy Policy both of which are available on our Website www.africanbites.com.au.