TERMS AND CONDITIONS

 

Your use of SNOWY COCOA Without Prejudice (referred to as “SNOWYCOCOA”) website and all products available thereon are offered to you on your acceptance of our Terms of Use, our Privacy Policy, our Disclaimer and Waiver and other notices posted on this website. Your use of this website, and of any products presented in any area of this website, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, our Disclaimer and Waiver and other notices posted on this website. We suggest you print a copy of each of these documents for your records.

SNOWYCOCOA website and all products available thereon are available only to those who may lawfully enter into contracts with us under the law applicable to such contract.  If you do not qualify, you are not permitted to access or use our website or any of our products or services.

We shall have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you.  Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on our website.  You agree to review these Terms of Use from time to time and agree that any subsequent use by you of our website following changes to these Terms of Use shall constitute your acceptance of all such changes.  These Terms of Use were last modified on February 16, 2023.

 

General Disclaimer

Use of SNOWYCOCOA website is provided to you solely for your own use and not for purposes of public display or performance or other similar uses by you.  Unless otherwise indicated on our website, you may display, download, reformat and print a single copy of any information on our website for such personal use only.

Access to and the right to use our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.

We have made commercial best efforts to obtain the most accurate and timely information available, all of which are complex and subject to change.  Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of our website is provided to you on an “as is” basis, without representations or warranties of any kind (to the fullest extent permissible under applicable law), including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.  We make no representation or warranty to you, whether expressed or implied, that our website will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our website.

We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website, including your password access (if any), without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk.  In no event shall we be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if we have been advised of the possibility of such damages.

 

Registration and Password

Certain portions of SNOWYCOCOA website are password-protected and require registration and disclosure of certain information about yourself, which information shall not be disclosed by us except in accordance with our Privacy Policy.  When registering with us, you agree to provide complete and accurate information about yourself and to update such information as it changes. It is your responsibility to keep the password provided to you as part of the registration process confidential.  In the event of use of your password without your consent or the discovery by you of any other breach of security, you agree to notify us immediately at info@snowycocoa.com

 

Confidentiality and Transmissions over the Internet

The transmission of information through the registration and purchase areas of our site is protected by encryption in order to prevent unauthorised access to personal information. However, the transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is inherently insecure, and is subject to possible loss, interception or alteration while in transit.

Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the use of your password for our website or the exchange of e-mail with us (including those which to may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

 

User Conduct and Obligations

Certain portions of SNOWYCOCOA website may permit users of the website to upload, post or otherwise transmit content. You acknowledge and agree that all content not provided by us, whether publicly or privately uploaded, posted or transmitted, is the sole responsibility of the person from whom such content originated.

As we do not control the content originating from users of this website, you acknowledge and agree that

(a)     we cannot guarantee the accuracy, reliability or completeness of such content and

(b)     that by using this website you may be exposed to such content that you may find offensive or objectionable and for which we shall have no responsibility or liability.  We do not generally screen or edit content originating from users of this website, but reserve the right (though we have no duty) to monitor or to remove, without notice, any offensive or objectionable content, in our sole discretion.

You agree:  to follow all applicable laws and regulations when using this website; that you shall be responsible for all acts that occur under your password, including any content uploaded, posted or transmitted through such password; and that you have the right to upload, post or otherwise transmit any content originating from you or under your password.

You agree that you shall not (or permit under your password):
(a)    upload, post or otherwise transmit through or to this website any content that:
(i)    is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
         (ii)    might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
(iii)    contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;

(b)    disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorised access to any portion of our website; its computer systems, servers or networks; or the passwords of other users;
(c)    provide false information about yourself during the registration process, impersonate any other person, or otherwise attempt to mislead us or other website visitors about your identity or the origin of any content, message or other communication;
(d)    transmit junk mail, chain letters, or other unsolicited bulk e mail or duplicative messages;
(e)    collect information about other website visitors without their consent or otherwise systematically extract data or data fields, including without limitation e mail addresses;  and
(f)    sell access to or the use of this website, including any content contained on, downloaded or accessed from this website.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non exclusive, world-wide, royalty free, perpetual, non revocable license to display, reproduce, translate, reformat, adapt, archive, distribute, and broadcast to other users of our website such content; to use or distribute such content in any manner other than stated in our Privacy Policy; and to authorise the display, downloading, reformatting and printing of a single copy of such content by users of our website for their personal use.

 

Indemnification by User

You agree to indemnify, defend and hold SNOWYCOCOA and our affiliates, business partners, officers, administrators, volunteers, and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use.  We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

 

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services.  As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

 

Proprietary Rights

The SNOWYCOCOA trademark, the SNOWYCOCOA logo and other identifying marks of  SNOWYCOCOA are and shall remain the trade-marks and trade names and exclusive property of SNOWYCOCOA, and any unauthorised use of these marks is unlawful.  Other trade-marks on this website are the property of their respective owners.  All content on this website is the copyrighted property of SNOWYCOCOA (or, in certain cases, other users of this website or third party content providers) and is protected by international copyright law.  Information on this website may be used by you only for your personal use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner.  Any rights not expressly granted to you are reserved by us.

 

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement.  If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
1.     A physical or electronic signature of a person authorised to act on behalf of the copyright owner for the purposes of the complaint.

2.     Identification of the copyrighted work claimed to have been infringed.

3.     Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

4.     The address, telephone number or email address of the complaining party.

5.     A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law.

6.     A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorised to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Copyright Manager 
SnowyCocoa Without Prejudice
Email:   info@snowycocoa.com

 

Private Membership Terms

Snowy Cocoa is a Private Members Association (PMA) managed by the LifeDesign Foundation. A PMA is a social compact between consenting individuals who agree to be bound by the rules of the PMA. It offers protections within the private jurisdiction that it creates

By donating $1.00 as a membership fee, filling in this registration form, and obtaining products at Members prices, I agree to become a member of Snowy Cocoa and you hereby declare that:
(a) you are not an agent or representative for any governmental or non-governmental agency or organisation whose purpose is to enforce a legal code, act or statute where no man or woman has been harmed, or to carry out any mission of entrapment or investigation.
(b) any product that you give money to is a donation for its production and NOT a purchase.
(c) you agree that you have entered into a private domain subject to the PMA terms and will use Snowy Cocoa products privately for your own use, or to share with others on your own terms.
(d) you agree not to complain to any government body about the PMA and its offerings as this is a private agreement.

Any product issues and concerns that cannot be resolved person to person will be resolved through Peacemaker Equity Private Arbitration. https://www.peacemakerequity.com. This membership does not expire. Cancelling your user account on www.snowycocoa.com will cancel your PMA membership.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of NSW and the Constitutional laws of Australia applicable therein, without regard to conflict of laws provisions thereto.

If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by Peacemaker Equity under the Peacemaker Equity Rules before resorting to arbitration as detailed below:
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a. The mediation will be conducted in person at a specified location or via video conference or phone call and all documentation/evidence relating to the dispute and any negotiation which has taken place is to be provided via email to info@peacemakerequity.com at least 7 days before the mediation can commence.
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b. The parties agree to waive their right to sue or litigate in any public court and agree to try in good faith to informally resolve any dispute via negotiation and mediation for at least 30 days before starting arbitration.
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c. A party who intends to seek arbitration must first engage a mediation session conducted by Peacemaker Equity. If the mediation process is unsuccessful and arbitration is required, the party seeking arbitration must send the other parties a written notice with a detailed explanation of the dispute, its basis and the relief sought with an accompanying affidavit.

d. If you want to send such a notice to Peacemaker Equity, send it to info@peacemakerequity.com.
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e. If we want to send such a notice to you, we will send it to the email address associated with your account or to the email address requested.
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f. If the parties do not reach an agreement to resolve the dispute via negotiation or mediation within 30 days after the date the notice was sent, then the parties may start arbitration as described below.
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g. The parties agree that Peacemaker Equity administer the arbitration, and the arbitration will be governed by the principles of equity contained in the Bible.

h. The rules and principles for the PeacemakerEquity arbitration process are found at http://peacemakerequity.com. The arbitrator is bound by these rules and principles. The arbitration will be conducted via video conference, in person or by phone call.
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i. All documentation/evidence is to be provided to info@peacemakerequity.com and the parties agree that the arbitrator’s judgement will be final and enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction.
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j. The arbitration costs will be shared between all parties, according to the Peacemaker Equity Rules.
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k. The parties agree that if they are unhappy with the outcome of the arbitration, they can appeal the decision to a jury of twelve which will be conducted via video conference, in person or by phone call, with all documentation/evidence to be provided to info@peacemakerequity.com.

l. A jury trial will follow the same rules and principles as an arbitration. The judgement will be made in consideration of all available evidence and in accordance with the principles of equity contained in the Bible.
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m. If you do not want to be bound by this binding arbitration provision, you must inform Peacemaker Equity within 7 days of the date that you first accepted these terms by agreeing to this clause. A written notification must be sent to info@peacemakerequity.com with your name address and a clear statement that you do not want to resolve disputes with us through the Peacemaker Equity arbitration process.

These Terms and Conditions are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion.  We may assign this agreement to any affiliate or successor company of SNOWYCOCOA without notice thereof to you.