1. INFORMATION ABOUT US
In these Terms, the words “we,” “us,” “our,” and similar expressions refer to My Foodie Box Pty Ltd, a West Australian company, whose head office address is at Unit 1, 24 Munt Street, Bayswater WA 6053, Australia.
My Foodie Box enables members who register for an account to order fresh ingredients and recipes to make meals designed by our culinary team and to have the ingredients delivered directly to an address within our delivery service area.
3. SERVICE AVAILABILITY
Our Site is only intended for use by people residing in selected parts of Perth, WA (“Serviced Areas”). We do not accept orders from individuals outside the Serviced Areas.
4. YOUR STATUS
By placing an order through our Site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old;
- You are resident in the Serviced Areas
- You are accessing our Site as applicable, from the Serviced Areas.
5. OUR SUBSCRIPTION CONTRACT AGREEMENT
After placing an order through our standard order form on our Site, you will receive an email from us acknowledging that we have received your order (“Acknowledgement”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the products listed on our Site by subscribing to a Service, subject to these terms and conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that your order has been accepted (“Confirmation”). We may choose not to accept any orders in our sole discretion. The contract between us (“Contract”) will only be formed once the Confirmation is sent. Note that the Acknowledgement and the Confirmation may be contained in the same email. The Contract will relate only to those products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other products that may have been part of your order until the dispatch of such products has been confirmed in a separate Confirmation.
6. MY FOODIE BOX SUBSCRIPTION AND PAUSED SERVICES
We offer a series of weekly plans that will enable you to receive deliveries every week. Our subscription service is an automatic, recurring weekly subscription (“Subscription Service” or “Active Service”) to My Foodie Box products. As part of our Subscription Service, we offer a variety of subscription options that you may choose from a specific number and type of meal kits (“Plan” or “Box”). Each week you will receive a package from My Foodie Box (your “Meal Box” or “Meal Kit”), including the contents of your chosen Plan. You can find the specific details concerning your chosen Plan and the Subscription Service by accessing your account details via the Site. If you do not select meals for your Plan, an automatically generated menu will be selected for you.
Auto-renewal Feature. If you register for a My Foodie Box plan you will be charged for the initial amount at checkout, followed by recurring weekly charge unless otherwise paused or skipped. By entering in this agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. By signing up for a My Foodie Box plan, you also acknowledge that the amount billed each week may vary for reasons that may include differing amounts due to promotional offers. Until you provide advanced notice that you wish to terminate this authorisation, My Foodie Box may submit periodic charges without further authorization from you. For deliveries on Monday-Tuesday, you have the option to pause or skip any delivery until the Tuesday at 11:59 PM AWST the week before your next delivery. To terminate your authorisation or change your payment method, log on to your My Foodie Box account or email firstname.lastname@example.org. We reserve the right at our discretion not to renew your deliveries at any time without giving any reasons for our decision. See further, Price and Payment.
Paused Feature. Customers may pause their Subscription Service by logging on to our Site and changing their status from “Active” to “Paused.” By pausing a subscription, you will stop receiving weekly, recurring order of My Foodie Box. As an alternative to our Subscription Service, we offer an a la carte option to customers who have paused their subscriptions (“Paused Service”). Under our Paused Service, customers can order meal plans, on an ad hoc basis, without subscribing to a weekly, recurring order. In other words, customers who chose to order meal plans while their subscription is paused, will not be billed automatically. Our Paused Service permits customers to order up to four (4) weeks in advance, however, the customer will be charged at the time of order and not the time of delivery.
8. PROMOTIONS AND GIFT CARDS
We may offer gift cards, discount promotions and other types of promotional offers that must be activated by online application so that the holder of the gift card or promotion (“Holder”) may receive delivery of the products through a Service. You must create or have an existing and valid account with My Foodie Box to redeem a gift card. If paid for, the gift card or promotional offer is deemed to have been sold at the time of payment. All of the Terms apply to the Holder upon either (a) payment for the gift card or promotion; or if applicable, (b) when the Holder redeems the gift card or promotion by applying for a Service to commence, whichever comes earlier. A gift card or promotional offer may only be used as specified by the terms of the offer and the applicable value of the gift card or promotion. A gift card or promotion may not be copied, reproduced, distributed, transferred to another party, or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Gift cards and promotions are non-refundable and may only be used to redeem the promotion associated with the applicable offer. We reserve the right to withdraw or deactivate any gift card or promotion for any reason at any time. Gift cards and promotions may only be redeemed through our Website and not through any other website or method of communication. To use your promotion, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the promotion. Unless otherwise provided, discounts attached to promotions will only apply to the price of the products ordered and not to delivery charges. Delivery charges, if applicable, will be chargeable at regular rates.
Notwithstanding anything contained in these Terms, My Foodie Box Gift Cards and eGift Cards (“My Foodie Box Gift Cards”) are non-refundable. Resale of My Foodie Box Gift Cards is strictly prohibited. My Foodie Box Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
You may use one promotional or discount offer at a time. Promotions and discounts cannot be used in conjunction with any other offer.
9. Free Trials
From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free trials are limited to one (1) per household.
ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
10. CONSUMER RIGHTS
If you are contracting as a consumer, and select to receive delivery on a weekday, you may terminate your Contract at any time; pending shipments are subject to the delivery cutoffs detailed in section 6. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (see Section 13 for further details on our refund policy). To terminate a Contract, please email email@example.com.
11. DELIVERY RESTRICTIONS
To receive delivery, you must live in a residential apartment or home, or receive permission from employer or business owner to receive shipments from a business address. You may elect an alternate receiver located within or near your building or home to accept your delivery. This alternate receiver may accept your goods when you are not present at the time for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman/ concierge, and your alternate receiver are not present, we will use commercially reasonable efforts to contact you. If you cannot be reached, we will make unattended delivery and the package will be left at the indicated delivery address. Redelivery fees will apply should a second delivery visit be required.
Delivery is available Monday-Tuesday, subject to your location and/or applicable holidays; check our menu page for exact delivery dates. You can modify an existing order (including the addition or deletion of items, prior to the time or delivery date, and the cancellation of your order) via the Site (in the “My Profile” section of the Site) up until the posted cut-off time for that delivery. You may cancel orders via the “My Profile” section of the Site. Modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders after the required cut-off time will still be charged the full price.
Orders must be received before the posted cut off time for a given delivery. Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process. You can place your order anytime, up to: the Tuesday at 11:59 PM AWST before a Monday, or Tuesday delivery. Orders must be cancelled by Tuesday at 11:59 PM AWST for Monday, or Tuesday delivery date. Cancellation of orders after the required cut off time will result in a full charge. If you are using our auto-delivery feature, your order will be processed before the deadline. However, if you make a change to your pre-selected meal, you must do so prior to the posted cut off time for the delivery.
In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or email you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.
If something is missing from your order, please call our Customer Service department at (08) 6363 9222 or email us at firstname.lastname@example.org.
12. RISK AND TITLE
The Products are sold “FOB Destination, Freight Prepaid and Added,” at your specified delivery address. Transfer of title and risk occurs when the Products arrive and are delivered at your specified delivery address. The Products will be at your risk from the time of delivery. You, and not My Foodie Box, are solely responsible for the proper and safe washing, preparation, storage and cooking of any products you receive through our Services. Any use of our products is at your own risk. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
My Foodie Box uses insulated packaging to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Please note that we reserve the right to limit your order or the quantity of a particular product that you may order.
13. PRICING AND PAYMENT
Product prices include applicable taxes, delivery charges may apply. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation.
You may change your payment method at any time by updating your account information. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to charge your selected payment method, as it may be updated. This may result in a change to your payment billing dates.
If you register for a weekly membership, your subscription will automatically renew until you cancel it, and you are enrolled to receive shipments each week (Weekly Delivery). You may turn on/off a Weekly Delivery (within order cut off times provided in Section 6) at any time per the cancelation details listed below. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. Skipping Weekly Deliveries and/or order cancellation requests require advanced notice to My Foodie Box. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next week.
Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advanced notice of any price changes with your specific Plan rate. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel.
If you terminate our Service or request a refund within the applicable notice period (see Section 10), we will process the full refund (including any applicable delivery charges) within 30 days of your notice of deactivation or within 30 days of your confirmation from us that you were entitled to a refund. If all or part of a Product is considered defective (“Defective Item”), we will credit you an amount equivalent to the value of the Defective Item towards a future purchase, including any applicable delivery charges and any reasonable costs you incur in refusing the Defective Item. Your refund will processed in the same method used to pay for you Product.
15. PROPRIETARY RIGHTS
This Site, and the information and materials that it contains, are the property of My Foodie Box and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All My Foodie Box product names and logos are trademarks or registered trademarks of My Foodie Box. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any materials displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of My Foodie Box.
16. YOUR PASSWORDS AND ACCOUNT SECURITY
You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. My Foodie Box will not be liable for any loss or damage arising from your failure to comply with these requirements. You agree to notify My Foodie Box immediately of any unauthorized use of your account or any other breach of security.
17. LIMITED WARRANTY AND DISCLAIMER
We warrant to you that any Product purchased from us through our Site will, on delivery, confirm with its description, be of satisfactory quality. Our responsibility for defective Products is limited to replacement or refund. Likewise, our responsibility for defective Services is limited to re-performance or refund.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ‘AS IS’ AND MY FOODIE BOX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MY FOODIE BOX DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR IN RESPECT TO ANY SITE THAT CAN BE REACHED FROM A LINK ON THESITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE, AND MY FOODIE BOX SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
18. LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY, AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED FROM US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SIMILARLY, UNDER NO CIRCUMSTANCES SHALL MY FOODIE BOX BE LIABLE FOR ANY EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE, (IV) PERSONAL INJURY (INCLUDING WITHOUT LIMITATION ANY ALLERGIC REACTIONS TO ANY PRODUCTS RECEIVED THROUGH THE SERVICES) OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF MY FOODIE BOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY FOODIE BOX LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY AUD DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID MY FOODIE BOX IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS YOU OBTAIN THROUGH THE SERVICES ARE SUITABLE FOR YOU AND TO ENSURE THAT YOU DO NOT ORDER ANY PRODUCTS THAT YOU MAY BE ALLERGIC TO.
YOU SHALL INDEMNIFY AND HOLD MY FOODIE BOX AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAW OR REGULATION. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU HERE-UNDER, AND YOU SHALL COOPERATE AS FULLY REASONABLY REQUIRED BY US.
20. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website in our sole discretion. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or on the date of posting a letter. This condition does not affect your statutory rights.
By submitting your email to My Foodie Box you are indicating an interest in My Foodie Box and may receive email marketing communications.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding and applies to our respective successors and assignees. You may not transfer, assign, charge, or otherwise dispose of a Contract or any of your rights or obligations arising under it without prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any of our rights or obligations arising under it, at any time during the Contract.
22. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or a delay in performance affecting any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act event, non-happening, omission, or accident beyond our reasonable control and includes in particular the following:
- Strikes, lock-outs, or other industrial action;
- Civil commotion, riot invasion, terrorist attack war, or threat or preparation of war;
- Fire explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislations, or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed.
A waiver by us to exercise a right under the Contract or provided by the Terms will not constitute a waiver of any subsequent default. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and communicated to you in writing in accordance with Section 20.
If any of these Terms or any provision of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, this clause will be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
25. ENTIRE AGREEMENT
26. RIGHT TO MODIFY
We have the right to revise and amend these Terms from time to time for any reason including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulations, and changes in our system’s capabilities. You will be subject to the policies and Terms posted at the time that you order Products from us, unless any change to those policies is required by a government authority or if we notify of the change to those policies before we send you a confirmation of your order.
27. LAW AND JURISDICTION
These Terms or any dispute or claim arising out of or in connection to the purchase of Products, or related to Contracts and/or their formation, will be governed by the laws of Western Australia and the federal laws of Australia without regard to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of WA for any disputes related to these Terms. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the courts of WA; and (ii) that the Products and the Services shall be deemed passive and not give rise to the personal jurisdiction over My Foodie Box, for either specific or general jurisdiction, in jurisdictions other than WA.
Last updated: 27th July 2019