Terms & Conditions

Consumer Terms of Use

spicedfig.com.au (the "Site") is an online service owned and operated by Redpawpaw Pty Ltd (ABN 98 167 693 334) trading as Spiced Fig (“Spiced Fig”, “us” or “we”).

Please read this agreement carefully before accessing or using the information and services available through the Site.

These Terms of Use set out the terms on which you (on behalf of yourself and any person on whose behalf you are acting, together "you" or "your") acquire any products or services through this Site for all products or services supplied by us. By accessing and using the Site you agree that your access and use is governed by these Terms of Use. Your use by accessing, browsing, opening or otherwise using any part of the Site constitutes your acceptance of these Terms of Use.

Important Notice: these Terms of Use constitute a legally enforceable agreement between you and Spiced Fig. If you do not agree with any of these Terms of Use, you must not use the Site and must immediately leave.

Modifications

Spiced Fig may modify these Terms of Use at any time, and such modifications shall be effective as soon as they are posted on the Site. You agree to any modifications to the Terms of Use by continuing to use the Site after the Terms of Use have been modified, and you are bound by the modification. A copy of our current Terms of Use of the Site is displayed on the Site at all times.

Intellectual Property Rights

Unless otherwise stated, Spiced Fig owns or has a valid licence to use all copyright in the content of the Site and trade marks used on the Site.

You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by Spiced Fig, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth).

We grant you permission to do the following with the material on the Site:

  • store a reproduction of the material on your local computer for the sole purpose of viewing the material; and
  • print hard copies of material for your personal information, but not commercial use.
Limitation of Liability

You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the content or material on or accessible through the Site.

Except as expressly stated in these Terms of Use, we will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however caused) in connection with your access to, or use of, or inability to use the Site or the content or material of the Site (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.

Links to External Sites

The Spiced Fig Site may have links to other Internet sites. These sites are maintained by third parties and are not under the control of Spiced Fig. Spiced Fig is not responsible for the contents of any linked site or any link contained in a linked site. Inclusion of a link on the Spiced Fig website does not constitute endorsement of that site. Spiced Fig is not responsible for the accuracy, legality of decency of that site. Spiced Fig will not be liable for any damage or loss arising from any service provided by a third party.

No SPAM

Any publication of e-mail addresses on the Site is for the purpose of professional communication only. Our e-mail addresses (and any other e-mail addresses published on the Site) must not be used to send unsolicited commercial electronic messages.

Indemnity

By entering and using the Site, you agree to indemnify Spiced Fig against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, judgments, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with access to or use of the Site and its content or materials.

We may contract or arrange for third parties to provide the whole or part of the supply of products and any related services (including delivery) to you. You must not bring any claims or actions against such third parties. If you bring such a claim or action in breach of this agreement, you agree to indemnify us and the person against whom the claim or action is made against the consequences of that claim or action. You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents and subcontractors, and each of these persons is deemed to be a party to the contract for the purpose of entitling each of them to enforce, have the benefit of and rely upon these Terms and Use.

Pricing and automatic renewal of subscription

Spiced Fig reserves the right to, at any time at its sole discretion, increase the cost of subscription, and / or the cost of delivery.

All subscriptions are renewed automatically on the relevant renewal date. If you do not want to be charged for the following subscription period, you must cancel your subscription PRIOR to the renewal date.

To cancel your subscription, Login to your account on the Spiced Fig website and choose CANCEL in the Subscription Plan page and confirm your selection or you can email us at help@spicedfig.com.au and we will assist you.

Note: All quarterly subscriptions are renewed on the 1st day of the first month of each season (being 1st June (Winter), 1st September (Spring), 1st December (Summer), 1st March (Spring) in each year). Please ensure there are sufficient funds in your nominated credit card at the time of your renewal or your subscription will not be renewed and you will not receive any further Spiced Fig boxes (totes) until your subscription has been reinstated.

Delivery

Spiced Fig will endeavour to ensure all subscribers receive their Spiced Fig box (tote) before the end of the intended delivery month, however as Spiced Fig uses a 3rd party to deliver the boxes, the actual delivery date may be delayed for reasons outside of Spiced Fig’s control. Spiced Fig will not provide either a part or full refund for delayed box delivery.

Please note: You may not receive your Spiced Fig box (tote) on the same day as other subscribers in your area. The Spiced Fig boxes (totes) are delivered over a period of time and so your box may take longer to arrive than your neighbours box and / or your friends & family’s boxes.

Supply of products in the box

If you acquire the Spiced Fig subscription service, or purchase Spiced Fig as a gift, we will send you, or the person you nominate, a box of assorted products every quarter during which you pay the fees for this service. The contents of the Spiced Fig box (tote) may be different for each subscriber and some products may be included in some boxes (totes) but not in others.

We make no representation about the suitability of any products in the box for you or the other members of your household. In particular, you are solely responsible for any decision to consume any food or beverage products and you are responsible for ensuring the suitability of those products for you or the other members of your household, including in respect of any allergies that you or any member of your household may have.

Subscription

Spiced Fig reserves the right to, at any time at its sole discretion, revoke your subscription for any reason, including but not limited to, for breach of these Terms of Use.

Gift Purchases

You must pay the fees specified from time to time to acquire the specified number of Spiced Fig boxes as a gift to a nominated person. The fee you pay for the gift is only valid at the time you purchase the gift. Spiced Fig may increase gift fees at any time without any prior notice. Once Spiced Fig has published new gift fees on the Site, the new advertised gift fees will apply.

Spiced Fig reserves the right to, at any time at its sole discretion, revoke the subscription of you and/or your nominated gift receiver for any reason, including but not limited to, for breach of these Terms of Use.

Warranties

We provide the Site on an "as is" basis without any express or implied warranty of any kind.

While we exercise all due care and precautions, Spiced Fig cannot and does not guarantee or warrant that files available for downloading through the Site or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy their requirements for accuracy of data input and output, and for maintaining a means external to the Site to reconstruct any lost data.

In compiling content for the Site, Spiced Fig relies on information supplied by a number of external sources. Content on the Site is supplied on the basis that while Spiced Fig believes that all the information in it will be correct at the time of publication, we do not warrant the accuracy or completeness of such information.

Where any legislation such as the Competition and Consumer Act 2010 (Cth) implies into these Terms of Use any guarantees, terms, conditions or warranties, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law we exclude all other guarantees, terms, conditions and warranties and the liability of Spiced Fig for any breach of the guarantees, terms, conditions or warranties is limited, at Spiced Fig’s option, to either:

  • the resupply of the goods or services; or
  • the reasonable cost of having the goods or services resupplied.
Cancellation Policy

Gift purchases cannot be cancelled.
Quarterly subscriptions can be cancelled at anytime however cancellations received after the quarterly subscription renewal date (being 1st June (Winter), 1st September (Spring), 1st December (Summer), 1st March (Spring) in each year), will not take effect until the following quarterly period. Cancellations can be made in the My Spiced Fig Profile area of the Spiced Fig website or by sending an email request to
help@spicedfig.com.au

Damages & Return Policy

As Spiced Fig uses 3rd party providers to pick & pack and deliver the Spiced Fig boxes (totes), there will occasionally be a missing product and / or a broken or damaged product delivered in the box (tote). In that instance, Spiced Fig may at its sole discretion decide to provide a replacement product or a partial refund for any missing, damaged or broken item/s.

If you are not 100% satisfied with your Spiced Fig box (tote), you may return the box and the tote with all products unused and unopened in original condition to Spiced Fig within 14 days for a full refund of that box’s subscription cost for that box including any delivery charge (pro-rated where you have paid delivery charges for more than one box). Please email us at help@spicedfig.com.au to arrange return.

Severability

If any part of these Terms of Use is unenforceable, this shall not affect the enforceability of any other part of the provision or any other provision deemed invalid, that part will be severed from these Terms of Use and the remainder of these Terms of Use will continue to be valid and enforceable.

Governing Law

These Terms of Use are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of New South Wales, Australia.

Information Use

We welcome your feedback regarding our Site. If you provide feedback or send comments in relation to any product to us, you provide us with a licence to use, reproduce, adapt and otherwise deal with these comments and you agree that Spiced Fig is permitted to reproduce, transmit, distribute, create derivative works of, and publicly display any information that you submit to us.

Privacy

The Spiced Fig Privacy Statement is part of these Terms of Use. View Privacy Policy

Contact Us

You can contact us on: Email: help@spicedfig.com.au Phone: 02 7900 4652 Post:  Spiced Fig Customer service 603/63 Hall Street Bondi Beach NSW 2026 Australia