This website is owned and operated by The Trustee for The Chilli Man Trust ABN 39 373 193 638 (referred to herein as The Chilli Man) and may contain information and material from, its subsidiaries and other related companies, (collectively, “we”, “us”, and “our”). Your access to and use of the information, materials and services provided on this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this website (“Terms”).

Your use of this site will mean you accept these Terms.

Intellectual Property Rights
1. You agree that all the materials displayed on or available through this website, including without limitation any and all names, logos, data, information, graphics, underlying software, displayed on or available from this website are protected by copyright, trade mark and other intellectual property laws of Australia and other countries and are available for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of The Chilli Man.
Save for the above, The Chilli Man does not grant any license or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website.

2. You must not
a. attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website
b. make any fraudulent or speculative enquiries,or requests using The website;
c. impersonate another person when using The website;
d. knowingly transmit any virus or other disabling feature to the website; and
attempt any of the above acts or permit another person to do any of the above acts.

3. Purchasing / Shipping and Delivery
a. Purchasing on this Website is only available for use by persons who are of an age to legally enter into binding agreements.
b. Payment Methods: For your Convenience, we accept VISA, MASTER CARD, AMERICAN EXPRESS, EFTPOS & DIRECT DEPOSITS
c. Currency: ALL PRICES IN AUSTRALIAN DOLLARS
d. For each online order, you must pay:
the applicable price for the relevant goods confirmed by The Chilli Man; and/or
the delivery and handling fee specified on the Website at that time, or confirmed at a later date, orders over 10 kilos may be subject to additional delivery charges.
All payments are to be made through the payment system provided by the Website, unless otherwise stated or agreed. Prices and availability are subject to change without notice. Typographical, product description, pricing, images and other errors are subject to correction, even after orders and/or payment are accepted.
e. The Chilli Man may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you..
f. You are liable for all costs once you confirm your order. We reserve the right to hold orders until payment is received into our accounts
g. Where the goods are not available, you will be notified of this by The Chilli Man as soon as possible.
h. The Chilli Man aims to include up-to-date pictures of all of the products for sale on the Website. However, our picture of the goods may differ from the actual goods delivered.
i. The Chilli Man reserves the right to restrict sales to retail quantities when supplying resellers and distributors.
j. The Chilli Man or its agent will deliver the goods you order to the address you specify in your order, within a reasonable time frame, subject to their availability.
k. Anyone at the delivery address who receives the goods will be presumed by The Chilli Man to be authorised to receive the goods. If there is no-one at the delivery address or no-one of appropriate age to receive and/or pay for the order, The Chilli Man may charge you additional delivery fees. If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be 18 years of age or older (or such other higher minimum age as is prescribed by the law), and you must ensure that a person of appropriate age is available to accept delivery of the goods. The Chilli Man may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.
l. International Shipping Options and estimated delivery time frames are: AIR (Australia Post): 3 - 10 DAYS, Economy (Australia Post): 2 - 5 WEEKS, Sea (Australia Post): 1 - 3 MONTHS Any customs / import charges are the sole responsibility of the purchaser All international orders will have the option of paying extra for insurance. This cost is directly related to the value of the goods purchased and will be advised upon request. If the customer chooses not to have the items insured, they accept FULL responsibility for damaged or missing items. Shipping prices for delivery outside Australia vary based on destination.
m. GST will be included within the prices and fees charged by The Chilli Man and is payable by you at the same time as you pay such prices and fees. 'GST' means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

4. Return Policy
If for any reason you are not entirely happy with your purchase, simply return within 7 days of the delivery date for a full refund. We will not accept returns of soiled or damaged goods and we do not refund the cost of return shipping or handling-only the purchase price.

5. Links to other websites
a. Links to other websites are provided for your convenience. we may not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. We will not accept any liability for your access, use or reliance of those websites. Before disclosing your personal information or using other websites, we suggest you examine the terms and conditions of those websites, as they may differ from this website.
b. If you wish to establish a link to this website you must, in the first instance, use the Contact Us Link in the website and provide the following information:
(i) the URL of the website that you seek to establish a link from;
(ii) a brief description of your website; and
(iii) the reason that you wish to establish a link.

If The Chilli Man agrees to your proposed link, you must comply with any terms and conditions imposed by The Chilli Man as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact The Chilli Man and provide a new description of your website.

6. Limitation of Liability and disclaimer
The information provided on this website has been compiled for your convenience. We make no warranties about the reliability, accuracy or completeness of any information contained on the website or that your access and use of the website will be uninterrupted or error free.
Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of this website.
In the case of goods or services supplied or offered via this website, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
Our limitation of liability in these Terms applies to direct, indirect, consequential, special, punitive or other damages that your or others may suffer, as sell as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.

This website may not be accessible from time to time, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities

7. Our Privacy Policy
We regard your privacy as important. For more detailed information on how we collect and process your personal information, please refer to our Privacy Policy.

8. Changes to these Terms
We reserve the right to amend, modify, add, delete and make corrections to the website at any time without notice. The onus is on you to check for any future updates

9. Use of your information and material
When you send us any feedback, suggestions, ideas or other materials in relation to or via this website, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction. Subject to our privacy policy

If you supply us with your postal address online, you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by using the contact us page. Please provide us with your exact name and address.
If you supply us with your telephone numbers online, you may receive calls from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by using the contact us page.

10. General Matters
This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.
If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent
You will be liable for and indemnify the chilli man, its employees, officers, servants, agents and contractors and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly, consequentially or otherwise) arising out of your use of this web site or any of its contents or by use of the Payment Services or from any breach by you of any of these terms and conditions;