TERMS & CONDITIONS
TERMS AND CONDITIONS
By using this site and/ or subscribing to Around the Table you are agreeing to the conditions set out below:
This page (together with the documents referred to on it) form the Terms and Conditions under which Around the Table will supply to you the Products and Services listed on our Site: www.aroundthetable.com.au, and govern the use of the Site. Your use of the website constitutes your acceptance of these Terms and Conditions of Use.
Please read these Terms and Conditions carefully before ordering any Products from the Site or subscribing to our Services.
You should understand that by using the Site, ordering any of our Products or subscribing to one of our Services, you agree to be bound by these Terms and Conditions and any policies stated on the Site. If you do not agree with the Terms and Conditions of Use, do not use the website or order online.
We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended.
We therefore recommend that each time you access the Site you read these Terms and Conditions and policies. Please tick the checkbox in the shopping cart to accept these Terms and Conditions.
Please understand that if you do not accept these Terms and Conditions, you will not be able to order from the Site.
Around The Table offers its products through one-off purchase as well as a flexible subscription service. You can adjust your subscription at any time. There is no minimum term. We will deliver until you tell us not to.
The notice required for subscription adjustments (pauses, cancellations, order restarts, address, product selection, or any other changes) is 1 week (7 days).
Availability of Around The Table Meals may be limited to nominated areas of Australia (Service Areas). We do not accept orders for our meal delivery service outside those Service Areas, however other Products or Services, such as Activity Card packs may be available – refer to the Site for further details.
Customers must provide a valid email address and credit or debit card or any other payment method listed on the online checkout page of the Site for all orders accepted online. A valid delivery address and phone number must also be provided to enable Product delivery, and resolution of any delivery issues should they arise.
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
By using this website (including for online ordering), you are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities on our website.
Ownership, and Responsibility for the products will transfer to you once we receive full payment for the Products ordered, and have delivered to your nominated delivery address respectively.
Indicative delivery times will be advised at the time of order confirmation. It is the responsibility of the purchaser to ensure product is subsequently refrigerated within the recommended time-frame to prevent spoilage.
FORMATION OF CONTRACT
After placing an order through our website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been ordered. The contract between us (Contract) will only be formed when we send you this confirmation.
ACCEPTANCE OR REJECTION OF AN ORDER
We reserve the right to accept or reject your order for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the Site or in your order.
Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
When you place an Order for a subscription Product you enter into an agreement to receive the Product on an ongoing basis. You will be charged for your initial order upon completing the initial transaction on the site. Subsequent recurring orders will be charged following the relevant weekly Order Cut-Off, without further authorisation from you, unless you have cancelled or otherwise modified your subscription or delivery preferences as outlined in these Terms and Conditions.
By subscribing to the Services, you are agreeing to receive our Product on a recurring basis for an indefinite period until cancelled by you or us as set out in these Terms and Conditions. The subscription amount and billing interval are set out on the checkout page of the Site.
You can cancel, pause, and otherwise amend your subscription at any time without the need to receive further Products from us provided that your adjustment request is received through the site with the required change notice period. You will not be charged a cancellation fee. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription.
We reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision.
There is no minimum term.
Subscription cancellation and adjustment requests must be received through the method outlined on the Account section of the Site.
The cut-off for subscription adjustments (including pauses, cancellations, order restarts, address and product changes) is 7 days before the next scheduled delivery.
You will be liable for all orders in the upcoming 7 day period that you had placed
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if
- The requested products in that order are not available; or
- There is an error in the price or the product description posted on the Site in relation to the relevant product in that order; or
- That order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
UNAVAILABLE OR MISSING ITEMS IN DELIVERY
As part of this agreement you accept that on rare occasions, a product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that product.
In these instances, we will endeavour to contact you to arrange a suitable alternative or, provide you with a credit for the products that were not supplied via the payment method used to make the purchase.
If there are missing items from your delivery, then you must contact us on firstname.lastname@example.org within 24 hours of the delivery time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, then we will provide you with a credit via the payment method used to make the purchase within a reasonable time, for the products that were charged but not delivered to you.
CHANGE OF DETAILS
Changes to order details must be communicated via the methods and by the cut-offs outlined in these Terms and Conditions.
We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
From time to time we may need to revise the price of the Products however no changes will take effect to your orders without us advising you first.
For any price variations in relation to the Services, we will provide notice by email a minimum of 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate the Services before Products are delivered under the new pricing plan.
The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
Product prices and delivery charges include taxes including GST where applicable.
Payment for all Products and Services must be by credit or debit card or other payment method listed on the online checkout page of the Site.
Orders will be charged to your nominated payment method for which:
- It is your responsibility to ensure your accepted payment method details are valid and up to date.
- It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
Storage of Collected Information
- We do not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
- All online debit/credit card transactions performed on this Site are through secured payment gateways. Payments are processed Through Stripe (https://stripe.com/au) for our online payment transactions. You can read about their security compliance here: https://stripe.com/docs/security/stripe
- Complete debit/credit card details cannot be viewed by Around The Table or any outside party.
- Payments will appear on your bank statement as “Around the Table”
- Payment failures may be due to insufficient funds, incorrect or out-dated payment information, and transaction disputes.
- If we are unable to debit your payment method we will endeavour to contact you using the contact details provided to provide the opportunity to review or update your details as required.
- In such instances Around The Table will re-attempt the payment process however if this continues to be unsuccessful, your order associated with that failed payment will be cancelled.
- In the event that payment re-attempts are un-successful we reserve the right to recover any debt through alternative means, either directly or through a third-party.
- We reserve the right to suspend or terminate future deliveries when payments are outstanding.
- You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.
- If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
Suspected fraud accounts
- We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
- We reserve the right to terminate your order or accounts following the investigation.
OUR REFUND POLICY
Please note that Around The Table does not offer a refund for change of mind.
If you are unhappy with your Product for a legitimate reason such as:
- the box was missing items;
- the box was damaged; or
- the box did not arrive,
We will offer an appropriate refund if it can be shown that the Product you were charged for was not provided as it should have been. Depending on the circumstances, we may, in our sole discretion, provide a full or partial refund of the purchase price, or provide you with credits to be applied to future deliveries. You must contact us via email@example.com within 24 hours of receiving your delivery to qualify for a refund.
We reserve the right to request additional information such as photos and refuse a request for a return/refund policy if we believe a customer is abusing the policy
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We only deliver to addresses within the Service Areas.
We will deliver the Products to the address provided by you and accept no liability or responsibility for incorrectly placed Orders.
Ownership of, and responsibility for the products will transfer to you once we have delivered to your nominated delivery address.
Indicative delivery times will be advised at the time of order confirmation. It is the responsibility of the purchaser to ensure product is subsequently refrigerated within the recommended time-frame to prevent spoilage.
Although unlikely, you understand that we may need to change your delivery date and window from time to time. In the instance when this may occur, We will notify you as soon as reasonably possible if your delivery date and/ or window changes for any reason.
In the event that Around The Table is prevented from performing its services in providing the product for any reason, including but not limited to and act of God, accident, fire, flood, earthquake, storm, riot, war, sabotage, explosion, strike, labour disturbance, national defence requirement, change in governmental law, ordinance, rule or regulation, inability to obtain electricity, fuel, labour, equipment or transportation, or and other contingency whether beyond Around the Table’s reasonable control or not, Around The Table will not be liable for any loss or damages.
VOUCHERS AND GIFT CARDS
We may offer gift cards, discount promotions and other types of vouchers (Voucher) which need to be activated in order for the holder to commence delivery of Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing a Product.
Any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one voucher is allowed to be applied per order and must be used within its respective validity period, and in line with any specific terms and conditions associated with that voucher.
We reserve the right to withdraw or cancel any Voucher (other than a paid-up-front gift card) for any reason at any time.
Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Voucher 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 Voucher.
We reserve the right to exclude the use of voucher codes on specific products or aspects of our service.
RISK AND TITLE
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products.
Responsibility for the products will transfer to you once we have delivered to your nominated delivery address.
DISCLAIMER AND LIMITATION OF LIABILITY
The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits.
While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an "as is" and "as available" basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only and that the Products you receive may vary from those displayed.
To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
To the extent permitted by law:
(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:
(i) In the case of the supply of Products:
(A)replacement or resupply of the Products; or
(B)the cost of replacing or resupplying the Products;
(ii) In the case of the supply of Services:
(A)supplying the relevant Services again; or
(B)the cost of supplying the relevant Services again, and;
(b) in any event, will not exceed the fees paid by you to us under the relevant Order.
To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
IMPORTANT NOTICE ABOUT LINKED WEBSITES
The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
TRANSFER OF RIGHTS AND OBLIGATIONS
These Terms and Conditions are binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
FORCE MAJEURE EVENTS (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 these Terms and Conditions that is caused by events outside our 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:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Terms and Conditions 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 endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.
All disputes to be lodged at firstname.lastname@example.org in writing, explaining the details of the dispute.
All notices given by you to us must be given to Around The Table at email@example.com We may give notice to you at either the e-mail or delivery address you provide to us when placing an order, or in any other manner permitted by applicable laws.
Notice will be deemed received and properly served:
- immediately when posted on the Website;
- 24 hours after an e-mail is sent; or
- three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them, to the maximum extent permitted by law.
To the maximum extent permitted by law, each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
VARIATION OF THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions. We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the notice of the changes to the terms and conditions.