TERMS & CONDITIONS

TERMS & CONDITIONS

 

These Terms and Conditions (together with the documents referred to in it, particularly our Privacy Policy) sets out the terms and conditions on which SPOON & SPROUT PTY LTD ACN 641 857 383 (“Spoon & Sprout”, “we”, “our” or us) will supply to you the products (Products) listed on our website www.spoonandsprout.com.au (Website).

This website is owned and operated by Spoon & Sprout. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers browsing, ordering and payment of Products.

By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available here) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.

Collection Statement

We collect personal information about you in order to facilitate the buying and selling process and for purposes otherwise set out in our Privacy Policy. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products and other updates. We may disclose that information to third parties that help us deliver our services (including information technology suppliers and delivery suppliers) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you. Information communication technology providers may be used to store your data at locations outside of Australia.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at info@spoonandsprout.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Accuracy, Completeness and Timeliness of Information

 

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

General Conditions

 

We reserve the right to refuse service to anyone for any reason at any time. Every effort will be made to ensure your content (not including credit card information) is communicated in encrypted form, however, you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

 

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Service Availability

 

We are working on our international presence, however, at this time this Website and our products are only intended for use by people residing in nominated postcode districts within Australia (Service Areas), as such we do not accept orders from individuals outside of Australia or the nominted postcode disctricts.

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; and

  • you are resident in one of the Service Areas.

Meal Orders

 

When you purchase a product or service from us, we may request certain personal identifiable information from you. You may be required to provide contact information (such as name, email, and delivery address) and financial information (such as credit card number, expiration date and CCV). Please refer to our Privacy Policy here for more information on how we collect and use your information.

Cancellation Policy

 

Due to the nature of our business Spoon & Sprout requires a minimum notice of 48 hours prior to order cut off mentioning your intention to cancel your order. This must be done by calling us on 0426 527 142.

Delivery

 

Delivery is available in select metros only and only while delivery spots are available.  Orders must be placed by 12pm Sunday in order for delivery the following Wednesday. Delivery fees may still apply. 

Free Delivery

 

Free Delivery may be available in select areas only with a minimum spend. Check your delivery area and delivery fees on checkout.

Promotions, Giveaways, eGift Cards and Discount Vouchers

We are always looking for ways to make our customers smile, and as such, we often run promotions and giveaways. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these terms, those terms and conditions will prevail.

Spoon & Sprout exercises the right to end promotions at any time with no prior warning. Promotions and offers generally end at 11.59pm AEST unless otherwise specified, or the offer has reached its cap prior to this time.

eGift Cards

1. An e-gift card is only valid in Australia.

2. An e-gift card is redeemable online only. Note that we can only deliver to selected areas.

An e-gift card can be redeemed within the Spoon & Sprout online store by entering the last 4 digits of the gift card in the promotional / coupon code field at checkout.

3. An e-gift card is non-refundable and cannot be exchanged for cash. No change will be given. An e-gift card can be redeemed in whole or for part of a payment. Unredeemed values will remain on the e-gift card. There is no expiration date on the unused balance of an e-gift card. An e-gift card should be treated like cash.

4. You can check your gift card balance at https://squareup.com/gift/MLWP1NPFAA58P/check-balance

4. Spoon & Sprout is not responsible for lost, stolen or damaged e-gift cards.

5. A value of $20–$100 can be loaded onto a Spoon & Sprout e-gift card.

6. GST will not apply to the sale of an e-gift card, specifically the face value/loaded amount.

7. Once the e-gift card has been fully redeemed it cannot be reused.

8. An e-gift card can be used in conjunction with another form of payment such as PayPal or credit card to make up the full value of the purchase.

9. An e-gift card is not a cheque guarantee, credit or charge card.

10. Spoon & Sprout reserves the right to amend the terms and conditions of the e-gift card at any time and to take appropriate actions, including the cancellation of an e-gift card if, at its discretion, it deems such action necessary.

11. Neither Spoon & Sprout, nor the provider of the data, represents or guarantees, or accepts any liability whatsoever in respect of, the accuracy, currency or completeness of the e-gift card information. Spoon & Sprout does not accept any liability for any delays, interruptions, errors, or omissions, however occurring (including as a result of negligence) in the collecting, recording, processing, storing or dissemination of this information.

Discount Code Usage

Discount code usage is 1 code per order per customer. If you forget to use a discount code, you will need to cancel and redo your order with the discount code applied. Spoon & Sprout does not refund the difference in cases of forgetting to use a discount code. 

Please take note of discount code expiry dates and any other terms (e.g. new customers only; minimum spends). Spoon & Sprout will assess expired discount codes on a case-by-case basis. 

Availability and Delivery

We only deliver to addresses within the postcode areas nominated on our site. After ordering online, you will receive an email confirmation from Spoon & Sprout containing your order details to the email address used to place the order. Our current delivery areas are found at Delivery Areas. To find out if we deliver to your area, input your postcode on the Delivery Areas page or contact us on 0426 527 142. Delivery addresses and the day of delivery may not be altered once an Order has been placed.

 

Unfortunately, Spoon & Sprout cannot give or adhere to a request for a specific delivery time. Spoon & Sprout accepts no liability for the loss or deterioration of any goods once they have been delivered in accordance with the Customer delivery instructions and our terms and conditions.

 

Spoon & Sprout will not be held liable for any financial or physical damages of any kind. Spoon & Sprout will not replace or provide a refund for any meals ordered by the customer by mistake. Customers must notify Spoon & Sprout if they have received an incorrect meal or are missing a meal within 24 hours of delivery by phone on 0426 527 142. Missing meal items will be either refunded to the customer by the same payment method used initially or a coupon code will be created to be used with the customers next order. Failure to comply with these policies will result in no replacement meal, refund or credit.

 

Spoon & Sprout reserves the right to change or alter delivery days and cut off periods without notice. Next day delivery is currently only available in select metro areas. You can check your delivery area, including your order cut-off times, here.

At times of high demand, some items you are trying to order may not be in stock in time to fulfill for your delivery. If this occurs, we will notify you via the email you supplied during the ordering process to arrange a refund.

Risk and Title

 

The title in the Products will pass to you from the time of delivery.

Price and Payment

The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error. We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Payment for all Products must be by credit or debit card or Paypal. We accept payment with American Express, Visa and Mastercard.

Our Refund Policy

Should the product you have purchased from Spoon & Sprout be faulty, damaged, inedible or defective, we will happily refund the purchase price using your original payment method or exchange the product.

 

Spoon & Sprout reserves the right to have the product assessed for acceptable quality prior to providing you with a suitable remedy. Photos of the meal and/or delivery are required to assist in our investigation. For minor complaints, a voucher code may be offered in lieu of a refund.

 

Spoon & Sprout will not be held liable to any financial or physical damages of any kind. To make a claim under our Refund Policy or for any feedback for online deliveries, you must provide us with your order number and notify us within 24 hours of purchase via email at info@spoonandsprout.com.au.  

Warranties and Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Liability

 

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Allergies and Pregnancy Related

 

Spoon & Sprout strongly suggests that you consult your Doctor prior to consuming Spoon & Sprout products. It is the customer's responsibility to refer to the Nutritional Panel and Ingredients of each meal before purchase. While Spoon & Sprout takes all due care to keep allergy prone ingredients out of certain meals, please be aware they may still be present.

Spoon & Sprout accepts no liability whatsoever to any allergic reaction by a Customer as a result of consuming a Spoon & Sprout meal/product - this also applies to expecting mothers.

Disputes

 

All disputes to be lodged at info@spoonandsprout.com.au in writing, explaining the details of the dispute.

 

Intellectual Property Rights

 

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

 

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties.

In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a 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 (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for 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; and the acts, decrees, legislation, regulations or restrictions of any government.

Severability

 

If any of these terms and Conditions or any provisions of a Contract 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.

User Comments, Feedback and other Submissions

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Governing Law

 

The laws of the Australian Capital Territory and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of the Australian Capital Territory and any courts of appeal therefrom.

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