Terms and Conditions
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Our Disclosures: Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
Nothing in these terms limit your rights under the Australian Consumer Law. |
Introduction
- This website (Site) is operated by V2 FOOD PTY LTD (ACN 630 306 713) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.
Use of the Site
- You accept these Terms by placing an order via the Site.
- You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
- When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using the Site to defame, harass, threaten, menace or offend any person;
- using the Site for unlawful purposes;
- interfering with any user of the Site;
- tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
- using the Site to send unsolicited electronic messages;
- using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- facilitating or assisting a third party to do any of the above acts.
Accounts
- You may purchase products through an account with us or, you may purchase one-off products as a guest where you access the Site via any enabled third party applications.
- You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
- It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
One-Off Orders
- You may order products on a one-off basis from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes). All one-off orders are subject to a minimum spend amount, as set out on the Site when you make a one-off purchase.
- We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
- It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
- All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
- If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
- We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
Subscription Orders
- We are a subscription service, and by placing an order with us, you are agreeing to order products from us on an ongoing basis. The details of your subscription (including your subscription inclusions, meal plans, payment method, and delivery period) are as set out in your account on the Site.
- Each week or period as set out in your account, you will be provided with a final date by which your order for that week or period must be finalised (Cut-Off Date).You must finalise your selection of products for the week or period as set out in your account before the Cut-Off Date. If you do not select any particular products, we will select products on your behalf based on your previous order history or Account information.
- You may purchase a subscription by paying the subscription fees outlined on the Site, including any applicable delivery fees (Price) in advance on a weekly basis or some other recurring interval disclosed to you prior to your payment of the Price (Billing Cycle).
- Your subscription will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Price in connection with each subsequent Billing Cycle unless and until you cancel your subscription.
- There is no minimum term to your subscription, and you may cancel your subscription at any time in accordance with these Terms.
- Changes to your subscription: You may also amend your subscription (such as changing or rescheduling your meal plan) through your account, or suspend your subscription for a specified time period, before the next Cut Off Date. If you need to amend your meal plan within 24 hours after the Cut Off Date you must contact us through your Account.
- We may need to change what is available as part of your subscription (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your subscription, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your subscription. If the changes adversely affect your enjoyment of your subscription, you may cancel your subscription with effect from the date we apply the changes to your subscription by providing written notice to us. If you cancel your subscription in accordance with this clause, and you have paid any part of the Price upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
- We may, at our absolute discretion, suspend or cancel any subscription, or refuse to fulfil any order. If we cannot fulfil an order, or need to suspend or cancel your subscription, we will promptly notify you via email or your Account and we will not charge you for any unfulfilled orders.
- Each time your order is confirmed on the Site following the Cut-Off Date and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses, a delivery window, and a description of your order.
- Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.
Product Availability
- You acknowledge and agree that all of the products on the Site are subject to availability. Due to market conditions or inventory levels outside our control, sometimes we will need to substitute certain products in your order made under these Terms. We will always aim to substitute products with other similar products.
Price and payments
- You will be charged the Price for your initial order by completing the initial transaction on the Site. Unless you suspend or cancel your subscription in accordance with these terms, you will be charged the Price in accordance with the Billing Cycle. You acknowledge and agree that a delivery fee may be applicable on orders and will be set out on the payment page on our Site.
- We may need to change the Price from time to time. If we change the Price, we will provide you with at least 7 days’ notice of the change. After the notice period has lapsed, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms and (a) you will no longer be able to use the Site on and from the date of cancellation, and (b) if you have paid the Price upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
- You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
- The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
- We may from time to time issue promotional discount codes for certain products on the Site.
- To redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your next order.
- The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
- When you sign up for a subscription, we may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
Delivery, title and risk
- If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site.
- If the delivery address you provided needs to be changed, including after placing the order, you must update the new address in your account on the Site before the order is dispatched. We cannot guarantee delivery to the correct address if the change is not made prior to dispatch.
- Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
- When you place your initial order, you will select a delivery day and delivery window. Unless you otherwise vary your delivery day or delivery window before the Cut-Off Date, your chosen delivery day and delivery window will apply to all future orders. We will aim to deliver within your chosen delivery window, however sometimes due to reasons beyond our control, we may not be able to, and we will not be liable for any delay or inability to deliver an order within your delivery window.
- We deliver the products using a range of delivery methods. You may need to sign for some deliveries and you may have the choice for our delivery partner to leave the products in a safe place.
- Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
- Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
Australian Consumer Law
- We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.
- Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
- Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
- Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
Limitations
Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
- neither Party will be liable for Consequential Loss;
- each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
- our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be the portion of the Price paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of the Price paid, an amount equal to 12 months of the Price calculated on a pro rata basis having regard to the amount of the Price paid and the period of time)
Intellectual property
- You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
- We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
- You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
- You must not, without our prior written consent:
- copy, in whole or in part, any of Our Intellectual Property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
- breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
- Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
- you do not assert that you are the owner of Our Intellectual Property;
- unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
- you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
- you comply with all other terms of these Terms.
Termination
- Cancellation of subscriptions:
- You may request to cancel your subscription at any time by notifying us via email, via ‘cancel my subscription’ feature in your account. Your cancellation will take effect from the end of the current Billing cycle.
- A subscription will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
- the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
- the Defaulting Party is unable to pay its debts as they fall due.
- Should we suspect that you are in breach of these Terms, we may suspend your access to your account while we investigate the suspected breach.
- Upon expiry or termination of your subscription:
- we will remove your access to your account;
- where we terminate your subscription as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees;
- where termination is due to our breach of these Terms, we agree to refund you for any prepaid and used part of the Price on a pro-rata basis.
- Termination of a subscription will not affect any rights or liabilities that a Party has accrued under these Terms.
- This clause will survive the termination or expiry of your subscription.
General
- Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
- Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
- Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
Definitions
- Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
- Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
- Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
V2 FOOD PTY LTD (ACN 630 306 713)
Email: support@macros.com.au