Website Terms of Use

Your use of this website is governed by the following Terms & Conditions. They describe your rights and responsibilities. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with all these Terms and Conditions, please exit the website now.

This site is owned and operated by One Shelley St Pty Limited trading as Dinner Meals Delivered (ACN 629 038 777 (otherwise referred to as 'we', 'us', 'our' or 'it'). We reserve the right to add to, delete or change these terms because of frequent changes in internet technology and applicable law. As such, you should check these terms and conditions from time to time for such changes. changes may include superseding terms of use. Your continuing use of any part of this site constitutes your acceptance of any change or update, all of which shall become controlling when posted.

License to use Site

We grant you a non-exclusive, non-transferable, royalty-free license to use the website in accordance with these Terms. You may access and use the website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the website for your own personal, non-commercial use.

You must not add any content to the website:

  • unless you hold all necessary rights, licenses and consents to do so;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • that would bring us, or the website, into disrepute; or
  • that infringes the intellectual property or other rights of any person.

The website may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

You acknowledge and agree that:

  • we retain complete editorial control over the website and may alter, amend or cease the operation of the website at any time in our sole discretion; and
  • the website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

If we believe that you have not complied with these Terms or any other agreement with us at any time, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.

Intellectual property rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the website.

By posting or adding any content onto the website or otherwise supplying material or information to us by any means, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

The license in clause 2(c) will survive any termination of these Terms.

You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clause 2(b) and 2(c).

Our Liability to You

To the fullest extent permitted by law, we exclude all liability, in contract or tort (including negligence), arising in connection with our website, goods, or services or these Terms, including any liability in respect of loss of data, interruption of business, viruses and other harmful components within the website or content, or any indirect, special, punitive, consequential, incidental or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any goods.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations (such as the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010)). If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

in the case of goods:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of having the goods repaired; and

in the case of services:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

In respect of any liability which cannot be excluded in accordance with the above provisions, then we limit such liability, where lawful, to payment in the amount of $10 or the minimum amount permissible by law (if greater than $10).

Orders

We reserve the right to accept or reject your order for any reason, such as the unavailability of any product or service, an error in the price of the product or service or an error in your order.

We reserve the right not to provide goods or services, remove or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

We use fresh ingredients weekly and cook our meals to order. Due to this reason to cancel your Order you must notify us within 24 hours of placing the Order. Subject to the non-excludable provisions of the Australian Consumer Law, any cancellation requests made after this time cannot be honoured as your meals will already be prepared. Therefore, you will be charged the full amount of the Order. Please contact us if you would like to cancel your Order.

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 terms for more information on how we collect and use your information.

We have the right to accept or reject your order for any reason, such as the unavailability of any product/meal, an error in the price of the product or an error in your order. 

Availability & Delivery

After ordering online, you will receive an email confirmation from Dinner Meals Delivered containing your order details to the email address used to place the order. Our current delivery areas are limited. Delivery addresses and the day of delivery may not be altered by you once an Order has been placed.

If you are not home at time of delivery, we will leave the order at the front door or in an area specified by you in the instructions when placing your order. We will not be liable for any damage to the product if left outside for extended periods of time nor if box is damaged or stolen after delivery.

It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will provide you with an estimated date of delivery of your meals and will make every effort to deliver by this date.

If you live in a secured apartment complex, please ensure you are home to receive your delivery. If no one is available to collect your delivery please arrange a suitable time with our staff prior to the delivery date.

If you are picking up your meals from a pickup location it is your responsibility to pickup the meals on the day of delivery within the specified time frame. There are no refrigeration facilities at our pickup locations and the meals must be collected within the specified time frames. Please note, depending on the pickup location, all uncollected meals will be disposed of after a 24 hour period as the meals will be completely thawed out and unsafe to consume. We will not be held liable for any loss or damage resulting from failure to pickup the meals on the day of delivery.

It is your responsibility to inform us by calling us if an order does not arrive. Once we learn an order has not arrived on the due date, we will make enquiries and ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery

Unfortunately, Dinner Meals Delivered cannot give or adhere to a request for a specific delivery time.

Dinner Meals Delivered will not be held liable for any financial or physical damages of any kind. Dinner Meals Delivered will not replace or provide a refund for any meals ordered by the customer by mistake. Customers must notify Dinner Meals Delivered if they have received an incorrect meal or are missing a meal within 24 hours of delivery. 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.

Dinner Meals Delivered reserves the right to change or alter delivery days and cut off periods without notice. At times of high demand, some items you are trying to order may not be in stock in time to fulfill for your delivery.

Pricing

All prices are listed in Australian dollars. All orders are subject to price and availability confirmation. Discounts or promotion codes are non-transferable and cannot be transferred or refunded for cash. Furthermore, we reserve the right, subject to applicable law, to cancel any promotion or discount without prior notice. Only a single discount or promotion code per order and cannot be used in conjunction with any other discounts or promotions.

Charging of Credit Cards

A credit card is only charged after our order team has confirmed availability. Items that are no longer available will be removed from the website and excluded from your processed order and therefore you will not be charged for them.

If any delays are discovered on a particular item at the time of processing, you will be contacted via the message center in your account with details of the options available to you. If you agree to a longer delivery time, your credit card will be charged at the time of confirmation.

If we are unable to charge a customer's credit card due to insufficient funds or other errors, then we will attempt to contact the customer by email or via the message center in your account to rectify the issue. If the customer does not contact us to resolve the issue then the order will be cancelled. Please note that stock availability and prices may change if the time between placing the order and credit card details being corrected or funds being available is delayed.

By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction. By providing a method of payment pursuant to a transaction, you confirm that you are permitted to use that method of payment. You also authorise us to collect and store it, along with other information related to your transaction. You authorise us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted.

In the event (a) your method of payment is not valid, (b) we determine, in our sole discretion that a transaction is unauthorised, (c) your method of payment cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than the undisputed failure by us to deliver the items purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your account, thereby terminating all of our obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to AUD$10, per instance, which charge you hereby authorise by entering into any transaction through the website.

Packaging, Consumption and Allergies

It is the customer's responsibility to refer to the cooking and consumption instructions we provide with each meal.

It is the customer’s responsibility to refer to the Ingredients of each meal before purchase. While Dinner Meals Delivered takes all due care to keep allergy prone ingredients out of certain meals, please be aware they may still be present.

Dinner Meals Delivered accepts no liability whatsoever to any allergic reaction by a customer as a result of consuming a Dinner Meals Delivered meal.

Indemnification

You agree to indemnify and hold us and our suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to

  • your breach of these Terms and Conditions;
  • any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you;
  • any dispute or litigation between an Indemnified Party and a third party caused by your actions; and 
  • your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with us or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of ours and /or our suppliers, affiliates, partners, subsidiaries and employees.

 You will defend, indemnify and hold Dinner Meals Delivered harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against us that arises directly or indirectly from you or your end-users, or the content of such end-user's web site, contrary to the provisions of these Terms and Conditions, including claims based on representations, warranties, or misrepresentations made by you, provided that we promptly notify you in writing of the claim and allows you to control and fully cooperate with you in the defence and all related settlement negotiations. You shall be relieved of your indemnification obligations under these Terms and Conditions to the extent it is actually prejudiced by our failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.

Proprietary Rights to Content

You agree that Content presented through our site by us or our advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by us or our licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through our site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.

Limitation of Liability

We make no representation or warranty of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your own risk.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.

We guarantee that goods are of acceptable quality when sold. In the event that a good is not of acceptable quality when sold you should immediately contact us. For all household goods (as defined by the ACL) if there is a major failure of one of our guarantees, you are entitled to a refund or to reject the item and to get an identical replacement or one of similar value if reasonably available or to keep the goods and get compensation for the drop in value caused by the problem. If there is a minor failure we can chose to repair or replace any item sold by us or to offer you a refund. For non-household goods we can chose in our absolute discretion to repair, refund or replace any item sold by us. Important Exclusions: Our warranty does not cover: in transit damage; failure to comply with instructions; willful abuse or misuse.

We sell our products by specification and we guarantee that they are fit for the purpose for which goods of that kind are commonly supplied.  You decide what specific purpose to use them for or to re-supply them for.  Further, unless specifically stated in writing on the quotation, we take no responsibility. -This clause applies if something happens which is beyond our reasonable control which makes it impossible, more difficult or more expensive for us to perform our obligations in our usual way.  In those cases we may wait until it is again possible for us to perform our obligations in our usual way without additional difficulty or expense and we are not liable for any delay which results. If delay or failure to deliver is caused by force majeure or labour dispute we may suspend delivery, supply or completion and/or terminate the contract.  Force Majeure means an act of God, war, lightning, fire, earthquake, storm, flood, explosion, pandemic or epidemic, unavailability or delay in availability of equipment materials or transport, and any other cause, whether of the kind specifically enumerated or otherwise which is not within our control.  Whilst we shall use reasonable endeavours to comply with your particular delivery requirements and order specifications, you will not be entitled to cancel the whole or part of an order or to claim compensation by reason of our failure to comply with your delivery requirements or minor variations to the goods as a result of changes to the manufacturing processes or specifications.

Privacy and 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 site, 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, delivery suppliers and our business partners) 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. We may also disclose your personal information to recipients that are located 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 foodboxes@dinnermealsdelivered.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.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.