Terms of service

These Terms of Service govern your use of swadesfoods.com.au and your purchase of products from Swades Foods. By placing an order you agree to these terms.

Swades Foods is a trading name of Zenith 9 Pty Ltd (ABN 48 700 603 363), operating Indian grocery stores across Brisbane, Queensland, Australia. Swades Foods is powered by Shopify, which enables us to provide our services to you.

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Section 1 — Access and Account

By agreeing to these Terms you represent that you are at least the age of majority in your jurisdiction. You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell or assign your account to any other person.

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Section 2 — Our Products

We have made every effort to provide an accurate representation of our products. Colours or product appearance may differ from how they appear on your screen due to your device type and settings. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

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Section 3 — Orders

When you place an order you are making an offer to purchase. Swades Foods reserves the right to accept or decline any order. Your order is not accepted until Swades Foods confirms acceptance and payment has been received.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

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Section 4 — Prices and Billing

All prices are in Australian dollars (AUD) and inclusive of GST where applicable. Prices are subject to change without notice. The price charged will be the price in effect at the time the order is placed as set out in your order confirmation email.

You represent and warrant that the payment information you provide is true, correct and complete, and that you are duly authorised to use that payment method.

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Section 5 — Shipping and Delivery

All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by delivery partners or events outside our reasonable control. Please refer to our Shipping Policy for full details.

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Section 6 — Intellectual Property

All content on this website including trademarks, text, images, graphics and product descriptions is the property of Zenith 9 Pty Ltd or its licensors. You must not reproduce, distribute or use any material without our prior written consent. Shopify's name, logo and trademarks are the property of Shopify Inc.

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Section 7 — Optional Tools

You may be provided with access to tools offered by third parties as part of our services. We provide access to such tools "as is" without any warranties. Any use of optional third-party tools is entirely at your own risk.

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Section 8 — Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, accuracy or security of any third-party sites. If you leave our website to access third-party content, you do so at your own risk.

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Section 9 — Relationship with Shopify

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Section 10 — Privacy Policy

All personal information we collect is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using our services you acknowledge that you have read these privacy policies.

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Section 11 — Feedback

If you submit any ideas, suggestions, feedback, reviews or other content, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and display such content for any purpose. You represent and warrant that you own or have all necessary rights to any feedback you submit.

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Section 12 — Errors, Inaccuracies and Omissions

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted your order.

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Section 13 — Prohibited Uses

You may access and use our services for lawful purposes only. You may not use our services for any unlawful or malicious purpose, to infringe intellectual property rights, to transmit false or misleading information, to send spam, or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services.

You also agree not to upload malicious code, reproduce or exploit any portion of our services, collect the personal information of others, or use any automated scraping or data extraction tools without our written permission.

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Section 14 — Agents

If you use, allow, enable, or cause the deployment of an Agent (any software or service that takes autonomous or semi-autonomous action on behalf of any person) to access or interact with our services, that Agent must at all times identify itself, must not mimic human behaviour or circumvent CAPTCHAs, and must respond truthfully to any question seeking to determine if interactions are from a human or computer.

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Section 15 — Termination

We may terminate this agreement or your access to our services at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

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Section 16 — Disclaimer of Warranties

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Section 17 — Limitation of Liability

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Section 18 — Indemnification

You agree to indemnify, defend and hold harmless Swades Foods, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of our services.

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Section 19 — Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms without affecting the validity and enforceability of any other remaining provisions.

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Section 20 — Waiver; Entire Agreement

These Terms of Service, together with any policies posted by us, constitute the entire agreement between you and us. The failure to exercise any right or provision shall not constitute a waiver of such right or provision.

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Section 21 — Assignment

You may not transfer or assign this Agreement or any of your rights without our prior written consent. We may transfer, assign or delegate these Terms without consent or notice to you.

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Section 22 — Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Queensland, Australia. You and Swades Foods consent to the non-exclusive jurisdiction of the courts of Queensland.

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Section 23 — Changes to Terms of Service

We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of our services following the posting of any changes constitutes acceptance of those changes.

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Section 24 — Contact Information

Questions about the Terms of Service should be sent to support@swadesfoods.com.au