BOBA BEAR TERMS and CONDITIONS
1. General
1.1 These Terms and Conditions (“Terms”) govern the access to and use of this website (“Website”), including the placing of orders via the Website.
1.2 A reference to “Boba Bear”, “us”, “we” or “our” is a reference to Antadach Excelsis Pty Ltd (ABN 57 653 871 302) (“Boba Bear”).
1.3 A reference to “you”, “your” or “customer” means you as a user of the Website.
2. Agreement
2.1 Your use of the Website indicates your acceptance of these Terms. Please read these Terms carefully before using the Website. If you do not agree to the Terms, you are prohibited from using the Website.
2.2 Subject to applicable laws, we reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on the Website. Your continued use of or access to the Website following any updates or changes constitutes acceptance of the revised Terms. We encourage you to carefully read the Terms each time you visit the Website.
3. Ordering and Payment
3.1 You can place an order for Boba Bear products via the Website (“Order”). To place an Order via the Website, please follow the prompts. You must provide us with all requisite information requested for the Order to be fulfilled. You cannot change or cancel an Order you have placed.
3.2 Orders are prepared, processed and received by the Boba Bear store selected during the ordering process. A Boba Bear store may be owned by a related entity of Boba Bear, or be owned by a franchisee in the Boba Bear franchise system (as applicable) (“Provider”). Boba Bear’s sole responsibility is to facilitate the placement of your Order on the Website on behalf of the Provider.
3.3 Any Order placed by you is an offer by you to purchase the particular items referred to in the Order for the price stipulated. We may, at our sole discretion, accept or reject an Order we have received. Each accepted Order placed results in a separate binding agreement between you and the Provider.
3.4 An Order may be rejected or cancelled by Boba Bear for any reason, including but not limited to if:
- the product is unavailable for any reason;
- we suspect that the Order is fraudulent or suspect credit card or payment fraud;
- your financial institution declines payment or your payment card has expired;
- there is an error in the price, imagery or description on the Website;
- you have breached these Terms; or
- any other situation we believe, acting reasonably and in good faith, that it is necessary to protect you or us from loss.
4. Pick-Up and Delivery
4.1 Any pick-up or delivery timeframes displayed on our Website or in communications (such as SMS or email) are estimates only and are not guaranteed. Delays may occur due to traffic, weather, operational issues, or other unforeseen circumstances.
4.2 We use third-party delivery partners to facilitate the delivery of Orders placed via the Website.
4.3 By placing an Order for delivery via the Website, you acknowledge and agree that:
- delivery is provided by independent third-party service providers (including but not limited to Uber Direct). While we coordinate with these partners to arrange deliveries, we are not responsible for the conduct, reliability, or performance of the delivery partner or its personnel;
- delivery is subject to availability within specified geographic areas;
- you are responsible for providing accurate delivery information, including a correct address and any relevant instructions; and
- we may disclose your personal information to third-party service providers where necessary to arrange delivery of your Order and otherwise in accordance with our Privacy Policy.
5. Allergies and Nutritional Information
5.1 Our products are crafted in environments where common allergens such as gluten, dairy, fish & crustaceans, nuts, peanuts, tree nuts and sesame seeds are present. Despite our best efforts to avoid cross-contamination, there is always a risk that trace amounts of these allergens may be present in our products.
5.2 We cannot guarantee that all vegan products will be 100% free from animal products or animal-derived ingredients. Vegan products may contain traces of meat, dairy or other animal-derived products due to cross-contamination during store operations.
5.3 We strongly advise customers with severe allergies to exercise caution and consult with their healthcare provider before consuming our products. Customers with severe allergies should be aware of this risk and make their purchasing decisions accordingly. By purchasing our products, you acknowledge and accept the potential risks associated with allergen exposure.
6. Promotions and Discounts
6.1 Promotional offers and discounts (“Promotions”) are offered at our sole discretion and may be withdrawn or modified at any time without prior notice.
6.2 Promotions may be subject to additional terms and conditions (such as minimum order amounts, specific menu items, or time limits).
6.3 Any Promotion codes must be applied at the time of checkout. We are not responsible for any expired or unused Promotion codes.
6.4 We reserve the right to refuse or cancel any Order that appears to violate the terms of any Promotion.
7. General Disclaimers
7.1 We reserve the right to modify pricing at any time without prior notice.
7.2 Images of products and menu items displayed on the Website are for illustrative purposes only. Actual products may differ in appearance from those shown.
7.3 We reserve the right to change, update or remove products and menu items at any time without notice.
7.4 We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of any of the products.
7.5 To the fullest extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded.
7.6 Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information on the Website is inaccurate at any time.
7.7 Your use of the Website is solely at your own risk. Everything on the Website is provided on an “as is” and “as available” basis.
7.8 We are not responsible for, and accept no liability with respect to, any content uploaded or posted on the Website by third parties.
8. Prohibited Use of Website
8.1 Your use of the content and materials on this Website is for non-commercial, personal use only.
8.2 You are prohibited from using the Website or its content for any unlawful or harmful purpose including (but not limited to) spamming, phishing, infringing intellectual property, or distributing malicious code.
9. Indemnity
9.1 You agree to indemnify us and our related entities against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis), incurred, suffered or arising out of or in connection with:
(a) any content you post through the Website or submit to us;
(b) your submission of incorrect or misleading information on the Website, including when submitting an Order; or
(c) any unauthorised use of payment methods or accounts by you,
except to the extent caused by us.
10. Limitation of Liability
10.1 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2 To the fullest extent permitted by law, Boba Bear’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at Boba Bear’s sole discretion, to:
a) in the case of goods: the replacement of the goods, the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
b) in the case of services: suppling of the services again or the payment of the cost of having the services supplied again.
10.3 To the fullest extent permitted by law, Boba Bear will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with these Terms, your use of the Website, or your purchase and use/consumption of the products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
11. Loyalty Program – Boba Bear Cubs
11.1 The Boba Bear Cubs Program is subject to additional terms and conditions.
12. Privacy
12.1 We take your privacy seriously. Any personal information that you provide to us is subject to our Privacy Policy. You can review our Privacy Policy here.
13. Copyright and Intellectual Property
13.1 The Website and all material contained on it is subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Boba Bear and its related entities.
13.2 You may not, without the prior written permission of us and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way any material on the Website for any purpose.
14. Third Party Links
14.1 Certain content, products and services available via the Website may include materials from third parties.
14.2 Third party links on the Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
14.3 We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
15. User Comments, Feedback and Other Submissions
15.1 If, with or without our request, you send certain specific submissions (for example contest entries), creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (including content shared with us via a hashtag on social media) (collectively, “Submissions”), you grant us a perpetual right to, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us.
15.2 We are and shall be under no obligation to:
a) maintain any Submissions in confidence;
b) pay compensation for any Submissions; or
c) respond to any Submissions.
15.3 We may, but have no obligation to, monitor, edit or remove Submissions that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
15.4 You warrant and agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further warrant and agree that your Submissions will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.
16. Entire Agreement
16.1 These Terms and any policies or operating rules posted by us on the Website constitutes the entire agreement and understanding between you and us regarding its subject matter. These Terms supersede any prior agreements, communications and proposals, whether oral or written, between you and us.
17. No Waiver
17.1 The failure of us to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
18. Severance
18.1 If any part of these Terms is found to be void, unlawful or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
19. Governing Law
19.1 These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the Court of New South Wales, Australia.
20. Contact Information
20.1 Questions about the Terms should be sent to us. Our contact information is posted below:
Email: [email protected]
Phone: 0421 680 069
