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TERMS AND CONDITIONS

Sunshine Community Terms and Conditions

Part A - Online purchases - terms and conditions

These Terms set out the basis on which you can purchase Sunshine Community’s Goods online.  By submitting an Order, you agree that you have read, understood and will be bound by these Terms.

1. Definitions

In these Terms, the words below have the following meanings:

Agreement means each Offer which is accepted by Sunshine Community under clause 3.2, and comprises these Terms and the Order.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.

Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.

Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.

Delivery Fee means the delivery fee, if any, notified by Sunshine Community to you from time to time.  The Delivery Fee may vary depending on the delivery location and delivery terms and may not be refundable.

Force Majeure Event means an event that is beyond the reasonable control of Sunshine Community which prevents Sunshine Community from fulfilling any of its obligations under an Agreement, including Australia-wide or global pandemic (or related government regulation or action), strike, lockout, fire, flood, inability to source materials, parts or labour.

Goods means the goods to be supplied to you under an Agreement, including pet products and any other products the subject of an Order that is accepted by Sunshine Community, which for the avoidance of doubt does not include any insurance products which may be purchased on or through our Website or otherwise.

Intellectual Property Rights means any and all intellectual property rights anywhere in the world including but not limited to the rights comprised in any patent, copyright, design, trade mark or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and right to protect trade secrets and know how, throughout the world for the full period of the rights and renewals and extensions.

Offer has the meaning provided to it in clause 3.1.

Order means any order you submit to Sunshine Community through the Website to supply any Goods to you.

Sunshine Community means Sunshine Boys Coffee Pty Ltd ACN 642 090 506.

PDH Goods means goods which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.

Purchase Price has the meaning provided to it in clause 4.1.

Tax or Taxes means any tax, levy, duty, charge, impost, fee, deduction or withholding (including withholding tax, excise and import duties, consumption tax, value added tax or any other taxes, levies or charges) which is assessed, levied, imposed or collected by any government agency, and includes any interest, fine, penalty, charge, fee or any other amount imposed on or in respect of any of those amounts.

Terms means these terms and conditions.

Website means the Sunshine Community website accessible at www.sunshinecommmunity.com.au or any other website through which Goods are made available from time to time.

2. Application

  • (these Terms): These Terms apply to and govern the supply of Goods to you under any Order placed by you using the Website.
  • (Use of this Website): Your use of the Website must also comply with Sunshine Community’s website terms of use which are set out below (see Part B - Website Terms of Use).

    3. Formation of Agreement

    By submitting an Order, you make an irrevocable offer for Sunshine Community to supply you with the Goods on the terms of:

    • these Terms; and
    • the Order

        (Offer).

        An Agreement will be formed when Sunshine Community accepts your Offer, which it will be taken to have done on the earlier of Sunshine Community:
        • notifying you in writing that it accepts your Offer;
        • accepting, in full or part, payment from you for any Goods the subject of the Offer; or
        • making delivery of the Goods the subject of the Offer to you.
        • You represent and warrant to Sunshine Community that all details provided to Sunshine Community when completing the Order are true and accurate.
        • Sunshine Community is not bound to accept any Offer and may decide not to accept any Offer for any reason and in the sole discretion of Sunshine Community including, without limitation, due to concerns that you are or may be purchasing Goods for resale or a retail purpose.

        4. Price and payment
        • Unless otherwise agreed between Sunshine Community and you in writing, the price you must pay for the Goods under each Agreement will be:
        • the applicable price for the Goods the subject of your Order set out on the Website from time to time; plus
        • the Delivery Fee (if any)

          (Purchase Price).

          • Subject to clause 10, unless otherwise expressly specified by Sunshine Community or in these Terms, all prices stated are stated exclusive of Taxes and you are solely responsible for the payment of all Taxes levied or payable in respect of the Goods.
          • Sunshine Community requires payment of the Purchase Price in full at the time an Order is placed by electronic funds transfer or by any other electronic payment means accepted by Sunshine Community from time to time.
          • You acknowledge and agree that:
          • you must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means or for a resale or retail purpose;
          • all pricing displayed on the Website may differ depending on the postcode you have selected (for example, the price for a Good in Sydney may differ to the price for that same Good in Melbourne);
          • prices for Goods change from time to time and Sunshine Community does not provide any notice of these changes. Subject to these Terms, once Sunshine Community has accepted your Order, Sunshine Community will not change any prices that apply to the Goods in that Order.
            5. Delivery of Goods
            • Sunshine Community will deliver the Goods to you in the manner: determined by Sunshine Community; or
            • as otherwise agreed between Sunshine Community and you (which may include collection by you).
            • Sunshine Community will endeavour, but is not obliged, to deliver Goods or make the Goods available for collection between the hours of 9.00 am and 5.00 pm Monday to Friday at the place of delivery (excluding on any public holiday at the place of delivery).
            • Sunshine Community may, from time to time, be unable to deliver to certain areas or regions and you will be made aware of this  upon providing your delivery details as part of placing an Order.  If we are unable to deliver to your delivery address, we will not process your Order.
            • You authorise Sunshine Community and its agents to enter the delivery address specified in your Order in order for Sunshine Community or its agent to deliver the Goods to you.
            • Sunshine Community is not obliged to accept delivery instructions which require it or its agent to deliver the Goods beyond the front door or other entry point of your premises. To the extent that you request and Sunshine Community agrees to deliver in this manner, you indemnify Sunshine Community and its directors, employees, contractors or agents against any loss suffered or otherwise incurred from the delivery of the Goods beyond the front door or other entry point of your premises.
            • You must, prior to taking possession of the Goods, inspect the Goods and immediately notify Sunshine Community in writing if the Goods are not fit for any purpose, are past their expiry date, are less than the number meant to be delivered under the Agreement or have any defect.
            • Without limiting any rights you may have under the Australian Consumer Law or clause 6, if you return or decline to accept any delivery of the Goods (including failure to collect the Goods), Sunshine Community will be entitled to:
            • payment for those Goods;
            • treat the obligation to supply the remainder of the Goods (if any) as cancelled by you.
            • Sunshine Community will use its reasonable endeavours to deliver the Goods on any date specified or estimated by Sunshine Community, however you acknowledge that:
            • these dates are estimates only; and
            • if Sunshine Community does not currently stock a particular Good, then there may be a delay in the supply of that Good until Sunshine Community has restocked that Good.
            • Without limiting clause 5.8, Sunshine Community may deliver or provide a portion of the Goods and may invoice or otherwise charge you for that portion. You may not refuse to accept delivery of the Goods or to pay for the Goods because only a portion of the quantity ordered was delivered or provided and you agree that Sunshine Community will not be liable for any loss that you suffer as a result of any delay or cancellation.
            • Sunshine Community or its agent may rely on any person who is at the delivery address specified in an Order and who takes receipt of Goods, as being authorised by you to do so and you warrant that the person receiving the Goods at the deliver address or collecting the Goods on your behalf is authorised by you to do so.
            • Sunshine Community reserves the right not to deliver Goods where it determines in its absolute discretion (or in the discretion of its agents) that it is not appropriate to do so, including without limitation where:
            • there is no one at the delivery address specified in the Order to receive the Order;
            • we cannot access the deliver address;
            • we are unable to determine a suitable spot to deliver your Order (for unattended deliveries); or
            • the delivery instructions are unclear or unsuitable.
            • You acknowledge and agree that:
            • Sunshine Community may, but will not be required to, provide proof of delivery or other similar documentation (whether at the time of delivery or after);
            • you will not request proof of delivery or other similar documentation from Sunshine Community.
            6. Return of Goods
              • If a Good is not of acceptable quality, faulty, defective or damaged, you may have rights under the Australian Consumer Law which are not affected by this clause 6.
              • The Sunshine Community Returns Policy applies to all purchases of Goods using the Website and forms part of these Terms.
              • A copy of the Sunshine Community Returns Policy is available upon request.
              • The Sunshine Community Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 8 below.

              7. Title and risk of Goods
                • Title to, and property in, any Goods supplied under an Agreement remain with Sunshine Community and will only pass to you once all moneys owing by you to Sunshine Community in respect of the Agreement have been paid in full.
                • Risk in the Goods passes to you on delivery to the delivery address specified in your Order (including where such delivery is to an unattended location).
                • If you are required to return any Goods to Sunshine Community, risk in the Goods passes to Sunshine Community on confirmation of receipt of the Goods by Sunshine Community.
                • The Goods are sold to you for personal use and consumption and must not be resold or on-supplied to any person for a resale or retail purpose.
                8. Liability
                  • You may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the PDH Goods supplied by Sunshine Community and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of those rights.
                  • If Goods supplied by Sunshine Community are faulty, damaged, incorrectly described, have passed their used by date or breach a Consumer Guarantee, Sunshine Community will provide you with either a refund or replacement goods upon presentation by you of proof of purchase.
                  • If you make a claim against Sunshine Community which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, Sunshine Community’s liability to you (whether in contract, tort including negligence or otherwise) is limited to an amount equal to the lower of:
                  • the cost of replacing the Goods; or
                  • the cost of obtaining equivalent Goods.
                  9. Notification of claims

                    You agree to notify Sunshine Community immediately if you become aware of:

                    • any claim; or
                    • any death, injury or illness,

                    in respect of, or caused by, the Goods.

                    10. GST

                    • In this clause, words and expressions which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended, varied or replaced from time to time) have the same meaning given to them by that Act.
                    • Unless otherwise expressly stated in writing in an Agreement, all amounts payable by you in connection with an Agreement do not include an amount for GST. If GST is payable on any supply made by Sunshine Community under these Terms, you must pay to Sunshine Community, in addition to and at the same time as the payment for the supply, an amount equal to the amount of GST on the supply. 
                    11. Privacy

                      Sunshine Community collects personal information from you, for example, when Orders are placed. Sunshine Community’s Privacy Policy explains how personal information is collected, used and disclosed, how it can be accessed and how complaints are handled.

                      12. Force Majeure
                      • Sunshine Community will not be liable for any failure to perform or delay in performing its obligations under an Agreement if that failure or delay is due to a Force Majeure Event.
                      • If a Force Majeure Event under clause 1 exceeds 5 days, Sunshine Community may immediately terminate the Agreement by written notice to you.
                      13. Termination
                      • Without limiting Sunshine Community’s other rights under these Terms, and to the extent permitted by law, Sunshine Community may terminate any Agreement with you with immediate effect by written notice to you:
                      • if you have breached any term of the relevant Agreement (including these Terms) and, if the breach is capable of remedy, you have not remedied the breach within 24 hours of notice requiring the breach to be remedied; or
                      • in accordance with clause 12.2.
                      • Each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.
                      14. Cancellation
                      • Without limiting clause 13, Sunshine Community may cancel or suspend any Agreement at any time without any liability to you by giving you written notice of cancellation or suspension where:
                      • Sunshine Community believes (for any reason) that it will be unable to supply the relevant Goods to you;
                      • there is an error in the price of the product description posted on the website in relation to the relevant Good in the Order; or
                      • the Order has been place in breach of these Terms.
                      • If Sunshine Community cancels an Agreement under this clause 1 it will provide you with reasonable notice of that cancellation and will refund to you any amounts already paid by you for the Goods subject to the cancellation and which are not provided to you. The refund of any amounts will be your sole remedy against Sunshine Community in respect of any cancellation under this clause 14.1.
                      • Neither an Agreement nor any Offer that has been submitted can be cancelled by you except with the prior written consent of Sunshine Community.
                      15. Acknowledgements and representations
                      • By making an Offer, you warrant and represent to Sunshine Community that you have read and understood these Terms prior to making the Offer, and agree to be bound by them in full.
                      • You acknowledge and agree that any price list, goods lists or other similar documents or catalogues issued by or on behalf of Sunshine Community do not constitute an offer by Sunshine Community to supply Goods appearing in those lists or catalogues or an offer by Sunshine Community to supply Goods at the prices set out in those lists or catalogues.  Sunshine Community’s price lists and catalogues may be changed by Sunshine Community at any time without notice.
                      16. Intellectual Property
                      • You acknowledge and agree that Sunshine Community or its related entities own or are licensed to use the Intellectual Property Rights relating to the Goods and the Website and you must not make any representation to the contrary or otherwise use the Intellectual Property Rights in a manner inconsistent with the rights of the owner or licensee of the Intellectual Property Rights.
                      • You must not modify, adapt, vary, reverse engineer, disassemble or copy all or any part of any Good without the prior written consent of Sunshine Community.
                      17. Miscellaneous
                      • In these Terms:
                      • the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’ or ‘such as’ or similar expressions;
                      • a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and permitted assigns;
                      • headings are inserted for convenience and do not affect the interpretation of these Terms;
                      • no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and
                      • unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.
                      • Sunshine Community may, to the extent permitted by law, vary these Terms from time to time with the variation becoming effective as soon as the Terms are posted on the Website (Variation Date). Any variation to these Terms will only apply to any Offer made after the Variation Date. Nothing in these Terms requires you to make any further Offers after the Variation Date.
                      • A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future. Waiver of any rights under these Terms must be in writing and is only effective to the extent set out in that written waiver.
                      • If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
                      • The termination or expiry of these Terms or any Agreement does not operate to terminate any rights or obligations under an Agreement that by their nature are intended to survive termination or expiration, and those rights or obligations remain in full force and binding on the party concerned including without limitation the rights and obligations under clauses 6, 7, 8, 9, 10, 13 and 16.
                      • These Terms are governed by the laws in force in New South Wales, and you and Sunshine Community submit to the non-exclusive jurisdiction of the courts of New South Wales.

                        Part B - Website terms of use

                        Thank you for visiting our website (Website). This Website is operated by Sunshine Boys Coffee Pty Ltd ACN 642 090 506 (Sunshine Community).

                        By accessing and/or using this Website and related services, you agree to these Terms of Use, which include our Privacy Policy (Terms).

                        You should review our Privacy Policy and these Terms carefully and immediately cease using our Website if you do not agree to these Terms. You agree to comply with all rules, laws and regulations relating to your use of the Website.

                        In these Terms, 'us', 'we' and 'our' means Sunshine Community and all of our related bodies corporate.

                        1. Definitions

                          In these Terms, the words below have the following meanings:

                          Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.

                          Goods has the meaning given to it under Part A - Online purchases - terms and conditions.

                          Products means Goods sold by Sunshine Community

                          Website means the Sunshine Community website accessible at www.sunshinecommunity.com.au or any other website through which Products are made available from time to time.

                          2. Collection Notice 
                          • Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at: hello@sunshinecommunity.com.au  
                          • By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.  We use Cookies from time to time to help with website functionality, including making a record of your visits and track usage patterns. Please read our Privacy Policy which provides information on and terms about Cookies.
                          3. Accuracy, completeness and timeliness of information
                          • The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this website.
                          • We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
                          • We retain complete discretion regarding the type of information or content which will be made available through the Website. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
                          4. Compliance with directions

                            You agree to comply with all directions or instructions we notify you of from time to time regarding your access to and use of the Website and any information or content (including any notice provided via the Website).

                            5. Linked sites

                              Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. 

                              6. Intellectual property rights
                              • Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content). 
                              • Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
                              • Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 
                              • All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you may store on your computer or print copies of material from this Website for the purpose of viewing the Content for your own personal use.

                              7. Unacceptable activity
                              • You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
                              • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
                              • using this website to defame or libel us, our employees or other individuals;
                              • modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any Content obtained or derived from or through this website;
                              • access, monitor or copy any information or Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
                              • uploading files that contain viruses, malicious code or other conditions that may cause damage to our property or the property of other individuals;
                              • posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. 
                              • If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.
                              8. Warranties and disclaimers
                              • To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
                              • We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. 
                              9. Variation

                                We may, at our sole discretion, vary or modify these Terms by posting the updated Terms on this Website.  Any subsequent access to, or use of, this Website by you will constitute an acceptance of those varied Terms.  You acknowledge and agree that we may, in our sole discretion, vary or modify the features or functionality of this Website or modify any Content from time to time without any requirement to provide prior notice of the variation or modification to you.  It is your responsibility to regularly check these Terms for any amendments.

                                10. Search capability

                                  You acknowledge and agree that:

                                  • we retain complete discretion regarding if a search function will be made available through the Website;
                                  • we retain complete discretion regarding the form in which such a search function will be made available through the Website;
                                  • where a search function is enabled on the Website, we cannot guarantee that the results provided by that search function are up to date, complete or accurate and we are not responsible for the results provided by the search function; and
                                  • all access and use of a search function when enabled on the Website is solely at your own risk.
                                  11. Liability

                                    To the maximum extent permitted by law, including the Australian Consumer Law, in no event will we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

                                    12. Force Majeure

                                      We will not be liable for a failure in the performance of obligations under these Terms by reason of an event that is beyond our reasonable control and which prevents us from fulfilling any of our obligations under these Terms, including Australia-wide or global pandemic (or related government regulation or action), strike, lockout, fire, flood, inability to source materials, parts or labour.

                                      13. Overseas access

                                        The Website may be accessed throughout Australia and overseas.  We make no representations that the Content or the Website complies with the laws of any country outside Australia.  If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

                                        14. General
                                        • You may not assign your rights or obligations under these Terms.
                                        • If any provision of these Terms is void, invalid or not enforceable in accordance with its terms, it is:
                                        • to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction; or
                                        • if unable to be read down, then to be severed to the minimum extent required and will not affect the validity or enforceability of the remaining provisions
                                        • All terms implied by law, except those that cannot be lawfully excluded, are excluded.
                                        • No provision of these Terms will be construed to the disadvantage of us merely because we were responsible for the preparation of the Terms or the inclusion of the provision in the Terms.
                                        15. Jurisdiction and governing law

                                          Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

                                          Sunshine Community Privacy Policy

                                          1. Privacy generally

                                          This privacy policy applies to the handling of personal information by Sunshine Boys Coffee Pty Ltd ACN 642 090 506 (Sunshine Community, we, us, our).

                                          Sunshine Community understands the importance of protecting the privacy of an individual’s personal information.  This privacy policy sets out how Sunshine Community  aims to protect the privacy of your personal information, your rights in relation to your personal information managed by Sunshine Community  and how Sunshine Community  collects, holds, uses, discloses, and otherwise manages, your personal information.

                                          In collecting, holding, using, disclosing and otherwise managing your personal information, Sunshine Community  will comply with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles in the Privacy Act.

                                          Sunshine Community will regularly review its policies and procedures regarding personal information and may therefore update and amend this privacy policy from time to time.  Any updated privacy policy will be made available on the Sunshine Community website, (www.sunshinecommunity.com.au), or can otherwise be obtained by contacting us.

                                          2. Kinds of personal information collected

                                          Personal information is information or an opinion about an identified, or reasonably identifiable, individual.  During the provision of its goods or services, or as a result of our other interactions or dealings with you, Sunshine Community may collect your personal information.  Sunshine Community provides a range of goods which are tailored towards or incidental to edible mushrooms and coffee (including coffee utensils and other items). 

                                          The kinds of personal information that Sunshine Community collects will vary depending on our particular interaction or dealing with you. However, generally speaking, the kinds of personal information Sunshine Community collects may include:

                                          • if you register for an account on our website, your contact information such as your name, address, telephone number, email address and a rewards program number;
                                          • where you purchase goods and/or services through our website:
                                          • information relevant to that transaction, such as the delivery address, any delivery instructions and payment/invoicing related information;
                                          • information regarding your purchasing history with Sunshine Community or your other dealings with Sunshine Community  in relation to our services;
                                          • general identity information including the names and addresses of account holders; and
                                          • your credit card information (which may include transactional histories, balances and limits);
                                          • contact and identification information you provide to Sunshine Community through inquiries you make to us such as your name, address, telephone number, email address or other types of verification details.

                                          Sunshine Community  also collect internet/technology related information from visitors to our site or users of our other online services, including the referring URL, your IP address, which browser you used to come to the site, the country, state or province, the pages of our site that you viewed during your visit and any search terms entered on our site.

                                          Depending on the nature of your dealings with us, we may collect and hold other types of personal information, for example, information collected and held via our secure financial systems about the debit or credit card you might use for your purchases from us.

                                          You generally have the option of not identifying yourself or of using a pseudonym when dealing with us, but not where this is impractical (for example when you shop online with us) or where the law or a court order provides otherwise.

                                          Sunshine Community may also hold other kinds of personal information as permitted or required by law or other kinds of personal information that we notify you of at or about the time of collection.

                                          Generally, we do not collect sensitive information about individuals. Information about your health, racial or ethnic origin, political persuasions, criminal record and religious or philosophical beliefs are all examples of sensitive information.  If we do need to collect sensitive information about you, we will only do so with your consent or where we are required to do so by law.

                                          3. How we collect personal information

                                          Generally, Sunshine Community collects your personal information directly from you.  For example, Sunshine Community may collect your personal information:

                                          • when you register for an account with us, request information or goods and/or services, or otherwise provide us with your details;
                                          • where you use our websites or other online services or otherwise interact with us;
                                          • when you complete a survey or enter a promotion or competition;
                                          • if you post information to our websites (including your online account) or any of our social media sites; or
                                          • where you order or purchase goods and/or services through our website.

                                          There may be occasions when Sunshine Community collects your personal information from someone other than you, for example:

                                          • from your bank or other relevant financial institutions in order to provide our services to you;
                                          • from third parties you authorise to disclose your information to us;
                                          • from a publicly maintained record or other publicly available sources of information including social media and similar websites; from our vendors or suppliers that help provide our services and supply goods to you (for example, customer support information, payment information and delivery information); or
                                          • from third parties if you connect to our services or register an account with us using an external third-party application, such as Facebook or Google.

                                          Generally, Sunshine Community will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect that personal information from you. 

                                          4. Purposes for which personal information is used

                                          Generally speaking, Sunshine Community collects, holds, uses or discloses personal information so that we can provide you goods or services through our online store, including transactions, creating an online account and providing insurance services. 

                                          Some examples of the purposes for which Sunshine Community collects, holds, uses and discloses your personal information include to:

                                          • enable us to supply you with information you request from us;
                                          • facilitate the supply of goods and/or services you order through our website, including communicating with you about your purchases;
                                          • personalise your experience with our services;
                                          • conduct promotions, competitions, giveaways and events;
                                          • contact you to obtain your feedback regarding our goods or services or to conduct other market research;
                                          • undertake direct marketing (as detailed in paragraph 6 below);
                                          • conduct investigations in cases of fraud or data security risks;
                                          • analyse information we collect so that we can administer, support, improve and develop our business and the goods and services we offer (including by monitoring or recording our interactions with you for training purposes); and
                                          • comply with the obligations of Sunshine Community under any applicable laws.

                                          In addition to the purposes listed above, Sunshine Community may use your personal information for purposes related to the above purposes, other purposes which we notify you of when we collect the information and for purposes otherwise permitted or required by law.

                                          Where personal information is used or disclosed, Sunshine Community takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed.  You are under no obligation to provide your personal information to Sunshine Community.  However, without certain information from you, Sunshine Community may not be able to provide goods, services or information to you or may be limited in how we can interact with you.

                                          5. Direct marketing

                                          In addition to the purposes outlined in paragraph 5 above, Sunshine Community  may use and disclose your personal information in order to inform you of promotions, competitions, giveaways, events, goods or services that may be of interest to you.  This may include Sunshine Community disclosing the information to related companies of Sunshine Community or other entities with which Sunshine Community has a commercial relationship or arrangement for the purpose of the other entity contacting you for such direct marketing purposes.  If you do not wish to receive such communications, you can opt-out by contacting Sunshine Community via the contact details set out in paragraph 13 of this privacy policy or through the opt-out mechanism contained in a marketing communication to you. 

                                          6. Disclosure of personal information

                                          Sunshine Community discloses your personal information for the purpose for which Sunshine Community  collects it.  As a result, generally, Sunshine Community will only disclose your personal information for a purpose set out in paragraphs 5 and 6 of this privacy policy.  This may include disclosing your personal information to:

                                          • related companies of Sunshine Community;
                                          • our vendors and suppliers;
                                          • other parties who invest in or acquire an interest in Sunshine Community;
                                          • service providers and contractors and other third parties that provide goods or services to us (including our technology service providers, our order fulfilment service providers or other business or administration service providers);
                                          • people or entities considering acquiring an interest in Sunshine Community’s business or assets;
                                          • Sunshine Community’s professional advisors (including legal and accounting firms, auditors, consultants, insurers and other professional advisers); and
                                          • government authorities where required by law.

                                          Sunshine Community may also disclose your personal information for other purposes if we notify you of the disclosure at or about the time of collecting the information, we have otherwise received your consent or the disclosure is required or authorised by law.

                                          If you post information or other content to public sections of our websites or to our social media sites, you acknowledge that the information or content may be viewed by the public and/or users of the relevant website or social media site.

                                          7. Overseas disclosures

                                          Sunshine Community generally stores or discloses your data in Australia, however, from time to time some of our partners may be located outside Australia, including technology service providers.

                                          We take reasonable steps to ensure that any such overseas recipients do not hold, use or disclose your personal information in a way that is inconsistent with the obligations imposed under the Privacy Act and the Australian Privacy Principles in the Privacy Act. 

                                          8. Links to other websites

                                          When you access our websites or other online services, we may provide as a convenience to you links to other websites, including websites operated by our partners, associates, or independent third parties.  These links are provided as a convenience to you.  Each website has its own privacy practices, as described in that website’s privacy policy.  Those practices may be different than the practices described in this privacy policy, and we encourage you to read each website’s privacy policy carefully before you use or submit information to that website.  Additionally, to the extent that you follow a link to a website operated by an independent third party, please be aware that we exercise no authority or control over that third party, and cannot be and are not responsible for any information that you may submit to that website.

                                          9. Cookies

                                          When you visit our websites or other online services, we will generally leave a ‘Cookie’ in the memory of your web browser.  The website or other online service may only function properly if Cookies are enabled.  Our websites and online services may use persistent Cookies to authenticate you as a user and display content that is relevant and specific to you. 

                                          Cookies are very small files that store information about your visit to and use of a website.  Most major commercial Internet sites use them and they make your Internet-surfing more useful and less time-consuming because they store information that is reusable each time you visit our website, such as birthday and other preferences you have chosen to share with us. 

                                          Cookies cannot access and read the files on your hard drive.  They do allow us to provide information and products that are more meaningful to you without asking you the same questions every time you visit us.  You may get Cookies from our advertisers.  We cannot pre-screen these Cookies since they come directly to you from other sites.  We hope you will want the better service that Cookies allow, but if you prefer, you can set your browser to refuse Cookies.  However by doing that, your access to our website may be compromised or limited. This may also affect the provision of certain services through our website.

                                          10.  Security of personal information

                                          Sunshine Community takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.  Sunshine Community holds personal information in electronic forms in secure databases on secure premises, accessible only with the appropriate passwords by authorised staff. 

                                          Sunshine Community will destroy or de-identify personal information in circumstances where it is no longer required, unless Sunshine Community is otherwise required or authorised by law to retain the information. 

                                          Where you have an online account with us, you are responsible for maintaining the confidentiality of your username and password.  You will be responsible for all uses of your membership, whether or not authorised by you.  You agree to immediately notify Sunshine Community of any unauthorised use of your user name or password.

                                          11. Access and correction

                                          Sunshine Community takes steps reasonable in the circumstances to ensure any personal information it holds is accurate, up-to-date, complete, relevant and not misleading.  Where you have an online account with us, you can update your personal information by logging into your account and editing your profile.

                                          In addition, under the Privacy Act, you have a right to seek access to and correction of your personal information that is collected and held by Sunshine Community.  If at any time you would like to access or correct the personal information that Sunshine Community holds about you, or you would like more information on Sunshine Community’s approach to privacy, please contact Sunshine Community using the details set out in paragraph 13 below.  Sunshine Community will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate. 

                                          To obtain access to your personal information:

                                          • you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
                                          • Sunshine Community requests that you be reasonably specific about the information you require; and
                                          • Sunshine Community may charge you a reasonable administration fee, which reflects and will not exceed the cost to Sunshine Community for providing access in accordance with your request.

                                          Sunshine Community will endeavour to respond to your request to access or correct your personal information within 30 days from your request.  If Sunshine Community refuses your request to access or correct your personal information, Sunshine Community will provide you with written reasons for the refusal and details of complaint mechanisms.

                                          If you are dissatisfied with Sunshine Community’s refusal to grant access to, or correct, your personal information, you may make a complaint to the Office of the Australian Information Commissioner.

                                          12. Contacting Sunshine Community

                                          For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications or make a privacy complaint, please contact Sunshine Community  using any of the following contact details:

                                          Email:               hello@sunshinecommunity.com.au

                                          Website:           www.sunshinecommunity.com.au

                                          Post:                 41 Owen Street, Carlton VIC 3053

                                          13. Privacy complaints

                                          Please direct all privacy complaints to Sunshine Community.  At all times, privacy complaints:

                                          • will be treated seriously;
                                          • will be dealt with promptly;
                                          • will be dealt with in a confidential manner; and
                                          • will not affect your existing obligations or affect the commercial arrangements between you and Sunshine Community .

                                          Sunshine Community will acknowledge your complaint within 14 days of receipt and endeavour to resolve it within 30 days, unless Sunshine Community  informs you otherwise and seeks your agreement in writing.

                                          Sunshine Community will commence an investigation into your complaint.  You will be informed of the outcome of your complaint following completion of the investigation.  In the event that you are dissatisfied with the outcome of your complaint, or an extension to the time in which Sunshine Community will resolve it, you may refer the complaint to the Office of the Australian Information Commissioner.

                                          Sunshine Community Return Policy 

                                          • Returns

                                          You have 14 calendar days to return an item from the date you received it.

                                          To be eligible for a refund, your item must be unused and in the same condition that you received it. Your item must be in the original packaging.

                                          Your item needs to have a receipt or proof of purchase.

                                          • Refunds

                                          Once we received your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

                                          If your return is approved, we will initiate a refund to an account of your choice. Alternatively we will provide you with store credit equal to the value of the item purchased.

                                          • Shipping

                                          You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the costs of return shipping will be deducted from your refund.

                                          • Contact us

                                          If you have any questions on how to return your item to us, contact us.