Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this Website operated by Midnight Donuts (“us”, “we”, or “our”).
Your access to and use of this Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use this Website. You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using this Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access this Website.
If you wish to purchase any product or service made available through this Website, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
- Product or service availability.
- Errors in the description or price of the product or service.
- Error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
This website is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on this Website. The products or services available on our website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on this website and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
Please choose your item/s carefully as Midnight Donuts does not offer returns for items where you have changed your mind. This includes returns where you have selected the wrong delivery address, an incorrect flavour of an item, or where you have ordered the wrong product.
Please select the correct delivery address as Midnight Donuts is not liable for any incorrect delivery addresses provided to us.
Returning a Faulty Item
All desserts are inspected before they are delivered to make sure that we provide our customers with products of the highest quality and standard. If you receive an item that is damaged or defective, please contact us within 24 hours of receiving the order so we can guide you through the returns process and help resolve the matter promptly. Please include as many details as possible about the order and the problem with the goods, along with photos showing the defect/fault.
If the item/s is confirmed to be damaged and/or crushed, we will, at our option, attempt another delivery (on a date we specify) to you at our own cost, with an identical product or a product/s of equivalent value; or refund the price that you paid for your item/s back to your original payment method.
This does not apply where the item/s was damaged due to abnormal use or misuse, loss or damage not caused by Midnight Donuts, insufficient proof of fault or unreasonable delay.
Orders made before 1pm are eligible for next-day delivery. Any orders opted for next-day delivery but have been made after 1pm will be delivered the following day.
Upon delivery a signature will not be required. If unattended, your order will be left in a safe place & we may SMS or email you a photo confirming that your order has been delivered.
Midnight Donuts does not take any responsibility for incorrect addresses, or if your order is lost or subsequently goes missing after it has been deemed delivered by the delivery driver.
We cannot guarantee an exact delivery time. Actual delivery time will be dependent on the delivery driver’s schedule and distance to your requested delivery address.
Contests, Sweepstakes and Promotions
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Website or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of Midnight Donuts and its licensors. This Website is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Midnight Donuts. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Midnight Donuts.
Midnight Donuts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Midnight Donuts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on this Website or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of this Website, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of this Website or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using this website.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of this Website. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of this Website and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of this Website.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of this Website is at your sole risk. This Website is provided on an “AS IS” and “AS AVAILABLE” basis. This Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Midnight Donuts, its subsidiaries, affiliates, and its licensors do not warrant that:
A) This Website will function uninterrupted, secure or available at any particular time or location.
B) Any errors or defects will be corrected.
C) This Website is free of viruses or other harmful components, or
D) The results of using this Website will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of this Website, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on this Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of This Website or that the operation of our Website will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in this Website.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding Midnight Donuts.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using this Website. Your continued use of this Website will be deemed as your acceptance thereof.
Last updated: August 7, 2019