In these Sale Terms & Conditions (Sale Terms), "we" or "us" means Caveman Kitchen Pty Ltd, Trading as Nourish'd Meal Company ABN 42 167 830 793, its successors and assignees. "You" means the person, organisation or entity that purchases products or services from us.
The Sale Terms apply to all sales made by us to consumers through our website available at nourishd.com.au (Site). These Sale Terms form the agreement under which we will supply meals (Meals) to you.
Please read the Sale Terms carefully. Please contact us if you have any questions, before you purchase from us. Our contact details are at the end of these Sales Terms.
Your purchase from us indicates that you have had sufficient opportunity to access the Sale Terms and contact us, that you have read, accepted and will comply with the Sale Terms, and that you are eighteen(18) years or older. You must not order products or services from us if you are under eighteen (18) years of age. If you do not agree to the Sale Terms, do not purchase from us.
Our Privacy Policy sets out how we collect, use and protect your personal information. This is available on our Site.
- Registration: We will create an account for you (Account) and provide a confirmation of account registration when you register on our Site. It is your responsibility to keep the details of your Account confidential. You are liable for all activity on your Account, including purchases made using your Account details.
- Orders:
- (a) You may order Meals with us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of Weekly Meals, availability of delivery zone, and our ability to validate payment for the Meals.
- (b) Details of your order, including delivery address and pricing, will be available on the Account. It is your responsibility to check your details and keep these details up to date.
- (c) A binding agreement comes into existence between you and us, once we have given you an order number. No changes to the Sale Terms will be effective unless we both agree to the changes in writing.
- (d) If you wish to cancel or suspend an order for meal delivery, it must be cancelled or suspended as set out on the Site.
- Payments:
- (a) You agree to pay the purchase price specified on the Site at the time that you place your order for Meals, plus any applicable delivery and insurance charges. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Delivery and any insurance charges will be separately shown.
- (b) You agree to pay the fees for the Meals according to the meal payment plans available on our Site (Meal Plans).
- (c) You must pay for a Meal Plan through the payment gateways available on our Site.
- (d) You must not pay, or attempt to pay, for an order through any fraudulent or unlawful Means.
- (e) You acknowledge and agree that:
- Some of our products are provided on a subscription basis. We deliver meals based on your selected plan, until you cancel according to our cancellation policy as set out in clause 4 below;
- to maintain your Weekly Meal orders, payment to us will be made automatically on a weekly payment date, via the payment methods available on our Site; iii. the cut-off for subscription adjustments (pauses, cancellations, order restarts, and address changes) is set out on the Site; and
- if we are unable to take payment from you, we will attempt to contact you via
email as soon as we become aware of the payment failure.
- If a payment is not able to be successfully processed prior to 4pm Thursday preceding the Monday delivery, then that order will be cancelled.
- Availability and Cancellation:
(a) All Weekly Meals are subject to availability. We do our best to keep in stock most products
that are advertised by us, and to keep our Site up to date with availability of products.
(b) If there is a considerable delay in dispatching your order, or if for any reason, we cannot
supply a Weekly Meal that you have ordered, we will contact you using the contact details
provided by you when you placed the order. If we are only able to supply part of the
Weekly Meal, we will provide you with a refund of any portion of the Weekly Meal which
was not supplied.
(c) If certain products which are used to create your Weekly Meal are out of stock or
discontinued, we may from time to time substitute a product in your Weekly Meal with
another product of similar taste, value and size. Where an item is substantially different,
we will obtain your permission to substitute the item.
(d) If you wish to cancel a Weekly Meal or Meal Plan, you must place a request with us in
writing. Our contact details are set out at the end of these Sales Terms.
- If the cancellation request is received prior to 5pm on Wednesday, the cancellation will be immediate and you will not receive any further Weekly Meals.
- If the cancellation is received after 4pm on Wednesday, the order due to be delivered on the following week will still be delivered and you will be charged for that week.
- Delivery:
(a) Location: Please refer to delivery information on our Site.
(b) Cost: Delivery fees are as set out on the Site.
(c) Timing: Any orders received prior to 4pm AEST on the Thursday will be delivered on the
following week according to the delivery schedule set out on the site. If an order is received after 4pm on the Thursday, the order will be delivered on the following week’s delivery schedule. We will deliver the order to the address you specify when making your order.
(d) Change: If you need to change a delivery address, please do so via email to [email protected] before 4pm Thursday for the following week’s delivery.
(e) Delivery: If you have requested for us to deliver a Weekly Meal to a specific address, it is your responsibility to arrange for someone to be available to receive the delivery. If there is no one available to collect the order, and you have not recommended to us a cool, safe place for delivery of your order, we will leave the order at your door. If you have advised us of specific delivery instructions in relation to your order, we will endeavour to comply with these instructions to the extent reasonably within our control. If we are unable to reasonably comply with these instructions, we will leave the order at your door. You acknowledge and agree that you are responsible for your order from the time that your order is delivered, and we accept no liability or
responsibility once your order has been delivered to your stated address.
(g) Storage: Once you have collected your order has been delivered, you are responsible for refrigerating and correctly storing the meals and related products. We will not be responsible nor liable for any harm, loss or damage suffered by you or any other individual, that is caused, directly or indirectly, by your incorrect use, storage or handling of our plans and the related products.
(h) Title: Title in the Weekly Meals and related products will not pass to you until the later of
delivery or your payment has been processed or otherwise received by us.
(i) Risk: Risk of loss, damage or deterioration to any order and related products will pass to you on delivery.
- Discount Codes and Promotions:
We may from time to time offer promotional discount codes, which may be applicable to goods onthe Site, and must be entered at the time of submitting your order. The conditions of use relatingto any discount code will be specified at the time that it is issued.
- Consumer Guarantees and Refund Policy
(a) Seller’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in the Sale Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.
(b) If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods
come with warranties and guarantees that cannot be excluded under the Australian
Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
(c) If you are not completely satisfied with your first order, please contact us within 5 days of
delivery. We may, at our discretion, provide you with a full refund.
(d) If you wish to seek a refund for an order due to:
- Your order going missing;
- your order being different to what was ordered on our Site; or
iii. your order spoiling despite being stored correctly and within the recommended time;
please contact us within 24 hours and provide us with photographic evidence of the fault.
(e) If you are entitled to a refund, we will only give you the refund once evidence of the faulty good is received by us. Any refund we make will be by the same payment method used to purchase the product.
(f) We will not replace or provide a refund for any meals that have been ordered by mistake.
- Intellectual Property
(a) Intellectual Property includes but is not limited to:
- all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of
any jurisdiction;
- all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
iii. all work product developed in whole or in part by us.
- We own all Intellectual Property rights in the products and company branding, as between
us and you.
- Disclaimers
(a) While the information and material contained on the Site is believed to be accurate and
current, it is provided by us in good faith on an "as is" basis, and we and our directors,
officers and employees accept no responsibility for and make no representations or
warranties to you or to any other person as to the reliability, accuracy or completeness of
the information contained on the Site.
(b) You acknowledge and agree that we are not dieticians or nutritionists and we are not
qualified to provide any dietary or nutritional advice. The information, insights, guidance
and/or recommendations on our Site or in any of our Weekly Plans are for general
information purposes only and are not to be relied on for any diagnostic or treatment purposes. Use of our Site and purchase of our Weekly Meals does not establish a doctor-patient relationship. They should not be used as a substitute for professional diagnosis and treatment. Any dietary or nutritional information contained in our Site and Weekly Meals, whether provided by use or by contract from third party service providers, is provided simply for your convenience. The Site, our Weekly Meals and related products, is not a substitute for any professional dietary and medical advice based on your personal circumstances.
(c) While we take care in the preparation and packaging of your Weekly Meals and related
products, before you consume the Weekly Meal or any related products, please consider
that they are produced in facilities which handle a range of food products, including, but
not limited to, milk, eggs, soya, seafood, peanuts, seeds, and gluten. It is not possible to
guarantee the total absence of these ingredients in any of our Weekly Meals and related
products. Please always check the ingredients before consumption.
- Limitation of Liability
(a) Certain legislation including the ACL, Consumer and Competition Act 2010 (Cth), similar
State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified (Rights).
(b) We exclude all implied conditions and warranties except for your Rights, to the extent
permitted by law, including but not limited to:
- we expressly disclaim any implied or express guarantees, warranties, representations
or conditions of any kind, which are not stated in these Sale Terms;
- we do not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;
iii. we take no responsibility for, and will not be liable for, the Site or the products being
unavailable; and
- we will not be liable for any loss, damage, costs including legal costs, or expense
whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or the Sale Terms, even if we were expressly advised of the likelihood of such loss or damage.
(c) Our total liability arising out of or in connection with the products, the services or the Sale
Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of
products under the Sale Terms.
- Amendment: These Terms may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Sale Terms, before purchase. Our agents, employees and third parties do not have authority to change the Sale Terms.
- Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Sale Terms.
- General:
(a) Accuracy: While we endeavour to keep the information up to date and correct, we make no
representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law
(b) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your Account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
(c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Sale Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.
(d) Notice: Any notice in connection with the Sale Terms will be deemed to have been duly
given when made in writing and delivered or sent by email, facsimile or post to the party to
whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Sale Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Sale Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(f) Assignment: You must not assign any rights and obligations under the Sale Terms whether
in whole or in part without our prior written consent.
(g) Severability: If any of the Sale Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(h) Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of Queensland and the Commonwealth of Australia. These Terms are governed by the laws of Queensland and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Queensland. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site 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 Site.
(i) Entire Agreement: These Terms and any document expressly referred to in them represent
the entire agreement between us and you and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Contact details:
Nourishd Pty Ltd ABN 42 167 830 793
301/14 Cordelia Street, South Brisbane QLD 4101
Phone: 0434 878 004
Email: [email protected]
Last update: 14 October 2014