Terms and Conditions
TERMS AND CONDITIONS – CARE FOOD CO PTY LTD
Care Food Co Pty Ltd (“we”, “us”, “our”), ABN 39 645 594 716 thanks you (“you”, “your”, “customer”) for using our website, www.carefoodco.com.au (the “Website”). Your access to and use of all information on this website including purchase of our Product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
In these terms any reference to www.carefoodco.com.au or Care Food Co will mean Care Food Co Pty Ltd and be referred as (“we, “us”, our”)
We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our privacy policy can be viewed at Privacy Policy and forms part of these terms.
If at any time you would like to contact us about any matter including these terms, please contact Care Food Co by email: info@carefoodco.com.au.
1. DEFINITIONS AND INTERPRETATION
1.1 In these terms unless the context indicates otherwise:
Australian Consumer Law means the Australian Consumer Law under the Competition and Consumer Act 2010.
Authority to Leave means the authority granted to Care Food Co (including its staff and contractors) through placing an Order, permitting Care Food Co to leave Products to fulfil the Order at the Delivery Address.
Claim means any claim, demand, suit or proceeding.
Content means all content and material available on the Site.
Delivery Address means the Delivery Address nominated by you in your Order.
Care Food Co means the website owned and operated by Care Food Co Pty Ltd.
Item means an individual Product item that has been Ordered by you.
Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Order means an Order made with Care Food Co for the purchase of Products offered by Care Food Co .
Personal Information has the meaning given to that term under the Privacy Act 1988 (Cth).
Price(s) means the prices for the Products as displayed from time to time on the site at www.carefoodco.com.au/prices.
Products means the menu items advertised for sale from time to time on the site at www.carefoodco.com.au/menu.
Care Food Co Account means an account with carefoodco.com.au for which you have registered as a customer of carefoodco.com.au.
Care Food Co Intellectual Property means all Intellectual Property Rights owned by and/or licensed to Care Food Co.
Business Day means any day other than a Saturday or Sunday or public holiday in a State in which carefoodco.com.au offers delivery of the Products.
Sample means a small Product which is representative of the Products available for sale.
1.2 In these Terms unless the context indicates otherwise:
1.2.1 Headings are for convenience only and do not affect the interpretation of these Terms;
1.2.2 Words importing the singular include the plural and vice versa;
1.2.3 Words importing a gender include each gender;
1.2.4 References to persons include references to corporations and other bodies and entities; and
1.2.5 References to statutes include all statutes amending, consolidating or replacing such statutes and include any subordinated legislation under them
2. REGISTERED USERS
2.1 Our website provides you with the option of becoming a registered user and to open an account. If you choose to register, you provide certain information as set out on our membership/registration page.
2.2 Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2.3 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
2.4 We reserve the right to terminate your registration at any time if you breach these terms and conditions.
2.5 Our services are intended to be used by registered users within Australia only.
3. SERVICE AVAILABILITY
3.1 The Site is only intended for use by people residing in nominated areas of Australia (Service Areas). We do not accept Orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all Orders accepted online. We do not accept Orders by phone.
3.2 Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
3.3 All prices are in Australian Dollars (AUD) and are inclusive of GST if applicable. We endeavour to ensure that our price list is current. Our price list can be accessed from our website and we reserve the right to amend our prices at any time.
4. YOUR STATUS
4.1 By placing an Order through our site, you warrant that:
4.1.1 You are legally capable of entering into binding contracts; and
4.1.2 You are at least 18 years old; and
4.1.3 You are resident in one of the Service Areas
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After completing the Order process on the site, you will receive an email from us acknowledging that we have received your Order (Order). Please note that this does not mean that an Order has been accepted.
5.2 An Order will relate only to the Product or service you have Ordered. Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or service in that Order to you in accordance with these Terms and Conditions.
6. ORDERS
6.1 These terms and an Order which is placed pursuant to these terms will form the entire agreement between you and Care Food Co in relation to the purchase, sale and delivery of the applicable Products the subject of that Order. In the event of any inconsistency between these terms and an Order, these terms will prevail.
6.2 Once you have placed and paid for your Order, we will confirm your Order by way of provision of a Care Food Co client Order number (Order Number). This will be recorded in your Care Food Co Account for future reference (Order History).
6.3 We reserve the right to specify a total minimum quantity of Products or value for Orders below which Orders will not be accepted (minimum quantities). We may, in our discretion, decide to accept an Order which is below the minimum quantity for a Product. However, acceptance of an Order below the minimum quantity will not oblige us to accept any other Order(s), at any time, that are below the minimum quantity.
6.4 The value of the Order and the minimum quantities:
6.4.1 are based on the value of the Products after any promotional discounts are applied; and
6.4.2 excludes any delivery fee.
6.5 Generally, Products that are out of stock will appear as such on the site and you should not be able to Order such Products. However, if a Product you have Ordered is later found to be unavailable we will replace it with a Product that you have already Ordered.
6.6 If a Product you have Ordered is missing from the box that we have delivered to you and you have not already heard from us about a shortfall in your Order, then please contact us the same day by email: info@carefoodco.com.au or by telephoning us on 1300 251 890 and briefly explain the issue making reference to your Order number. If there is an error in your Order we will provide you with a credit or refund for the Product(s) that you Ordered and have not been supplied, or that have not been supplied correctly
6.7 Orders must be placed no later than midday on Friday for delivery the following Wednesday. Orders for delivery on Saturday must be placed no later than midday on the preceding Wednesday.
6.7.1 If Friday (day of Order) falls as a public holiday, the Order must be placed by 5.00pm the day prior. If Wednesday (day of order) falls as a public holiday, the Order must be placed by 5.00pm the day prior.
6.7.2 If Wednesday (day of delivery) falls as a public holiday, the order will be delivered the next available business day.
6.7.3 In the case of emergency Orders please email us at info@carefoodco.com.au to see how we can help. Additional charges may be applied.
7. AMENDING AN ORDER
7.1 It is not possible for you to change the Items that are the subject of an Order and/or the Delivery Address with respect to that Order, once that Order has been placed. If you have forgotten an Item or otherwise wish to amend your Order, then you will need to promptly telephone the Care Food Co office on1300 251 890, on the same day that you place your Order.
8. CANCELLING AN ORDER
8.1 You may cancel an Order, however such cancellation must be made by way of telephone call to the Care Food Co office by calling 1300 251 890 no less than two (2) working days prior to the specified delivery date, after which time your Order is final, and no cancellation is permitted.
8.2 If you, cancel your Order:
8.2.1 prior to the Order becoming final, the total cost of your Order, including all fees and charges, will be refunded in the same way as you paid for that Order; or
8.2.2 after the Order has become final, Care Food Co may charge you a reasonable late cancellation fee.
8.3 Care Food Co may cancel any part of any Order at any time without any liability to you in any of the following circumstances:
8.3.1 the items(s) the subject of that Order is/are not available; or
8.3.2 There is an error in the price or the Product descriptions posted on the site for the items in that Order.
8.3.3 Your Order has been placed in breach of these terms.
8.4 If we cancel any part of an Order, we will:
8.4.1 Endeavour to provide you with reasonable notice of that cancellation (usually by way of notice with your delivery);
8.4.2 If an item is out of stock it will be replaced with an equivalent menu item already selected; and
8.4.3 Reimburse you the price of any Items that you have not received (where these have not been replaced with equivalent Items) ,via:
8.4.3.1 Refund to you (credited in the same way as your original payment method); or
8.4.3.2 Through an alternative means as reasonably determined by us.
9. DELIVERY
9.1 Before placing an Order it is your responsibility to check whether we deliver to your area, and the days we deliver, either by telephoning us on 1300 251 890 or checking the relevant section of the site, www.carefoodco .com.au/delivery. You can select an available delivery day up to 28 days in advance of the day you place your Order.
9.2 It is your responsibility to ensure that the Delivery Address you provide to Care Food Co for your Order is correct.
9.3 Your Order will be delivered on Saturday as close as possible between 7.00am and 6.00pm subject to traffic conditions and delays. Our couriers will deliver the Products to you:
9.3.1 in a returnable cardboard box; and
9.3.2 at the Delivery Address; and
9.3.3 on the agreed date.
9.4 You authorise us to make delivery to any person in your household who is present at the Delivery Address at the time of delivery and is able to receive the Items.
9.5 Care Food Co does not provide a hard copy delivery note or invoice with the box. Please refer to your Order confirmation in your Order history and tax invoices stored within your Care Food Co account.
9.6 Risk and title to the Products passes to you:
9.6.1 upon delivery of your Order to the Delivery Address; or
9.6.2 in the case of collection of the Order in-person at our factory, at the time of collecting or paying for those Products.
9.7 It is a condition of placing an Order with Care Food Co that you will not on-sell, or attempt to on-sell, or otherwise trade the Care Food Co branded goods and, in the event that you breach these terms and on-sell a Product to a third party.
9.7.1 Care Food Co will not be liable for any Loss and/or Claims made by an third party whether made to you or Care Food Co directly, with respect to the Products(s); and
9.7.2 You indemnify Care Food Co from any and all Claims made against Care Food Co with respect to the Products(s).
9.8 We strongly recommend that you transfer your Item(s) from the box to a refrigerator as soon as possible after delivery. If for some reason the Items in your box are not chilled when you open the box please do not re-chill or consume those Items and contact us immediately.
9.9 If you request our delivery person to place the Items in your refrigerator and we agree that it is practical to do so you agree to hold us and our delivery person harmless from any loss or injury suffered or incurred through the delivery of the Items beyond your front door.
9.10 By confirming your Order you grant Care Food Co (including its staff and contractors) an Authority to Leave.
9.11 If we are unable to leave the box at your nominated Delivery Address we will attempt to contact you by telephone for further delivery instructions. We reserve the right to charge an additional reasonable delivery fee if you direct us to deliver your box to another location. You acknowledge that the Items that are the subject of an Order are perishable and will only remain chilled for a few hours. If we cannot deliver the Products in accordance with your instructions on the agreed delivery date you remain liable for the Items you have Ordered, which we may be forced to discard (due to failure on your part to enable us to deliver) without any liability to refund you for or replace those Products or refund any delivery fee.
9.12 Please leave the box in which we deliver the Products out for collection by our delivery person at the time of your next delivery from Care Food Co. We will only collect your empty box if it is in a satisfactory condition and fit for reuse.
10. SERVICE AREAS
10.1 Currently service across NSW, Canberra, Greater Melbourne, Regional Victoria and Greater Brisbane to the Sunshine Coast.
10.2 If you reside outside these areas please contact us by email using info@carefoodco.com.au to see how we can assist.
11. SPECIAL DELIVERY INSTRUCTIONS
11.1 If it is likely that you will not be home at the time of delivery you may:
11.1.1 nominate a safe and shady place where you authorise us to leave your box if you are not present; and
11.1.2 provide us with instructions detailing how the delivery person will access the place you have specified (Special Delivery Instructions).
11.2 it is your responsibility entirely to ensure that:
11.2.1 Your Special Delivery Instructions are simple; and
11.2.2 The specified place for delivery is:
11.2.2.1 easily identifiable;
11.2.2.2 safe for our delivery person to access;
11.2.2.3 sufficiently secure as to avoid the possibility of your box being stolen; and
11.2.2.4 a location out of direct sun (especially on hot days in summer).
11.2.3 We cannot leave eskies outside security gates or on public property. If you live in an apartment building with a security gate or premises where there is not a safe and shady place to leave your box if you are not home at the delivery time, we encourage you to direct us to deliver your box to an alternative address, such as a neighbour's residence.
12. SAMPLES
12.1 We offer samples from time to time
12.2 Samples are provided in a pre-packaged box. Samples included in the box are predetermined and are designed for you to try some of our Product range before you commit to a paid for offer.
12.3 any sample of Goods exhibited to, or inspected by the Customer is supplied solely to judge the quality in bulk and does not constitute a sale of sample.
12.4 Samples are provided free of charge and delivery fee’s.
12.4.1 Samples do not form part of any other Order.
12.5 Access to samples is through submitting the form samples@carefoodco.com.au
13. DELIVERY FEES
13.1 Currently there is a charge of between $22.00 & $33.00 for delivery of Orders. However, we may in the future alter the delivery fee in which case we will advise you of that delivery fee at the time that you place an Order.
13.2 If we have attempted to deliver but have failed to deliver because of a failure on your part to meet your responsibilities set out within these Terms, then we reserve the right to charge a subsequent redelivery fee of between $22.00 & $33.00, without limitation to the value of the Order and the delivery costs.
14. GUARANTEES, REFUNDS AND RETURNS
14.1 To the full extent permitted by law, the liability of Care Food Co in respect to refunds and returns is limited, at the option of Care Food Co to the:
14.1.1 replacement or resupply of the applicable Product(s);
14.1.2 or payment of the cost of such replacement or resupply of the applicable Product(s).
14.2 Care Food Co does not offer any refund or return or return where you simply change your mind in respect of any purchase of a Product and, due to the perishable nature of the Products, we cannot accept returns.
14.3 Refunds will only be issued to the extent required by the Australian Consumer Law and the Sale of Goods Act 1923 (NSW). The Australian Consumer Law gives consumers rights in respect of goods and services they purchase, called consumer guarantees and such guarantees cannot be excluded under the Australian Consumer Law.
14.4 If Products are delivered and you notice any shortfall in the Products, you need to report the shortfall to Care Food Co in writing accompanied by a photograph, or by email to info@carefoodco.com.au, within 48 hours after receipt of the Products. We will promptly seek to investigate the circumstances surrounding any alleged shortfall in Products. We may need to inspect, or see a photo of any Items delivered which you consider unsatisfactory before agreeing to pay a refund or credit, or to conduct Product testing. Please keep the affected Products until we advise they can be discarded. Any replacement of a Product supplied by Care Food Co for a faulty Product will only be shipped after Care Food Co has confirmed that there has been a shortfall in the Products.
14.5 Please contact us if you are in any way not fully satisfied with the Products and services you have received from Care Food Co. We will promptly review your situation or concerns and unless your dissatisfaction is due to a failure on your part to comply with your responsibilities as detailed in these Terms, or is otherwise as a result of negligence or misconduct on your part, we will offer you a credit or a refund in lieu of those Products or services that are found to be unsatisfactory.
14.6 Online credit card Order cancellations or refunds will be processed on the next business day in accordance with your bank handling time, and any fees or charges from us will appear on your statement from your bank/payment provider as being from Care Food Co Pty Ltd.
14.7 Where a refund is authorised, there may be a delay of up to and possibly exceeding, 28 days from the authorisation date.
14.8 For all assistance with returns please email Care Food Co at info@carefoodco.com.au
15. COMPLAINTS AND FEEDBACK
15.1 If you wish to make a complaint or provide feedback to us, please call on1300 251 890, write to us at 13-15 Lexington Place Maroubra 2035, or email info@carefoodco.com.au stating your name and contact details inclusive of contact details in order for us to discuss the complaint with you. If the complaint is product related, please advise, order number, delivery date and the product name and level.
15.2 We will respond to your complaint within two business days.
16. PRODUCT INSTRUCTIONS AND FOOD PREPARATION DISCLAIMER
16.1 Our Products are carefully calibrated to ensure compliance with IDDSI standards. Please take time to review our video tutorials to ensure that you are fully conversant with meal preparation instructions.
16.2 We make no representation that our Products will at all times comply with IDDSI standards. IDDSI standards such as viscosity are influenced by environmental factors such as temperature and humidity.
16.3 Customers suffering from Dysphagia and swallowing conditions should be aware of this risk when buying, using and/or consuming our Products.
17. FOOD ALLERGY DISCLAIMER
17.1 Care Food Co makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies. Our Products are labelled with possible allergen-containing ingredients; however despite us taking the greatest care in our kitchen there is always a risk of contamination.
17.2 In our production kitchen we use milk, egg, gluten, fish, nuts and tree nuts, crustacean shellfish, soybean, sesame seeds and Products containing sulphites. We cannot guarantee a total absence of these in any of our Products. There is also a possibility that ingredients that we buy from manufacturers could change their formulation at any time, without notice.
17.3 Customers concerned with food allergies need to be aware of this risk.
18. PRICING
18.1 From time to time we may need to revise the price of the Products. The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
18.2 Product prices and delivery charges include taxes including GST where applicable.
19. PAYMENT
19.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
19.2 Orders will be charged to your nominated payment method.
19.2.1 It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.
19.2.2 It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
19.3 Storage of Collected Information
19.3.1 Care Food Co does 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.
19.3.2 All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the Commonwealth bank and PayPal payment gateways for our online payment transactions.
19.3.3 Complete debit/credit card details cannot be viewed by Care Food Co or any outside party.
19.3.4 Payments will appear on your bank statement as “Care Food Co Pty Ltd” in your PayPal account.
19.4 Suspected fraud accounts
19.4.1 We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
19.4.2 We reserve the right to terminate your Order or accounts following the investigation.
20. PRIVACY
20.1 Our Privacy Policy is a separate document available on the Site.
20.2 We may use your contact information to send you newsletters from us and from our related companies.
21. INTELLECTUAL PROPERTY
21.1 You acknowledge that this Site and all Content which exists in connection with this Site:
21.1.1 belongs exclusively to Care Food Co and/or its licensors, unless otherwise expressly stated; or
21.1.2 is protected by copyright, trade mark or other intellectual property rights and laws.
21.2 Commercial use of this Site and any of its Content is completely prohibited. You can download, print and retain a copy of Content from the Site solely for your personal, non-commercial use, provided that the copy is unaltered and retains all proprietary notices originally displayed on the Site.
21.3 You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any Content in whole or in part or permit or assist any other person to do so.
22. USE OF SITE
22.1 You may only use the Site for personal purposes unless Care Food Co provides express written consent to the contrary.
23. THIRD PARTY & OTHER WEBSITES
23.1 The Site may contain links to other websites operated by third parties which are not under the control of Care Food Co. Care Food Co provides these links for information only and accept no responsibility for any of those included websites or the content and material contained on the linked websites
23.2 Your access to those third party websites and/or use of the Products and services available on those third party websites are solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Care Food Co of the sites or the Products or services provided on the Site.
23.3 Care Food Co :
23.3.1 does not permit any linkages to the Site without prior permission; and
23.3.2 is not responsible for the privacy practices of websites that are linked to the Site via hyperlinks, banner advertising or otherwise.
24. SPAM & COOKIES
24.1 We will never knowingly send you electronic messages without your consent.
24.2 Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide website usage information as well as to assist us to improve and develop the Products and services we offer.
24.3 Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of the web page.
25. YOUR CONDUCT
25.1 When using the Site you must not post or transmit any information or material that is discriminatory, defamatory, and obscene or is otherwise unlawful or infringes or violates the rights of Care Food Co or third parties.
26. LIMITATION OF LIABILITY
26.1 Subject to clauses 25.2 and 25.3, any liability of Care Food Co for any loss or damage, however caused (including by the negligence of Care Food Co), suffered by the Buyer in connection with a Product is limited to the monetary amount paid by the Customer to Care Food Co for that Product.
26.2 Subject to clause 25.3, Care Food Co is not liable for any consequential loss however caused (including by the negligence of Care Food Co ), suffered or incurred by the Buyer in connection with a Product
26.3 If the Trade Practices Act 1974 (Cth) or any other legislation implies a condition or warranty into this agreement in respect of goods or services supplied, and Care Food Co’ liability for breach of that condition or warranty may not be excluded but may be limited, clauses 25.1, 25.2 and 25.4 do not apply to that liability and instead Care Food Co’ liability for such breach is limited to, in the case of a supply of goods, Care Food Co replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, Care Food Co supplying the services again or paying the cost of having the services supplied again.
26.4 The Buyer indemnifies Care Food Co for all liabilities, losses, damages, costs or expenses suffered or incurred by Care Food Co as a result of any act or omission of the Buyer, including (without limitation) loss incurred as a result of the Buyer:
26.4.1 cancelling any Order or part of any Order;
26.4.2 unloading, storing or handling the Products;
26.4.3 failing to comply with any manufacturer instructions regarding the Products or with any laws relating to the storage, handling, sale, marking or use of the Products;
26.4.4 making, or allowing to be made, any statement in respect of the operation, application, appropriateness and use of the Products; or
26.4.5 breaching any of the Buyer's obligations under these terms and conditions of sale.
27. FORCE MAJEURE
27.1 Care Food Co is not liable to the Buyer for any failure to comply with this document if the failure (directly or indirectly) arises out of any circumstances which are not within Care Food Co’ reasonable control (including, for example, an act of war or terrorism, natural disaster, industrial action or failure of a supplier, public utility or common carrier) (a Force Majeure Event).
27.2 If a Force Majeure Event occurs, Care Food Co’ obligations under these terms and conditions of sale are suspended to the extent they are affected by the relevant event as long as the event continues. Neither Care Food Co nor the Buyer may terminate these terms and conditions of sale as a consequence of any Force Majeure Event.
28. GENERAL
28.1 Severability: Each provision of these Terms is severable. These Terms remain enforceable even if individual clauses are removed or deemed unenforceable.
28.2 Viruses: Care Food Co cannot guarantee that any file or program available for download and/or execution from or via the Site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on the Site, and you release Care Food Co entirely of all responsibility for any consequences of its use.
28.3 Applicable Law: These Terms are governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. Disputes arising from these Terms are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
28.4 Access from outside Australia: The Site may be accessed throughout Australia and overseas. Care Food Co makes no representations that the Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
15. PRODUCT INSTRUCTIONS AND FOOD PREPARATION DISCLAIMER
15.1 Our Products are carefully calibrated to ensure compliance with IDDSI standards. Please take time to review our video tutorials to ensure that you are fully conversant with meal preparation instructions.
15.2 We make no representation that our Products will at all times comply with IDDSI standards. IDDSI standards such as viscosity are influenced by environmental factors such as temperature and humidity.
15.3 Customers suffering from Dysphagia and swallowing conditions should be aware of this risk when buying, using and/or consuming our Products.
16. FOOD ALLERGY DISCLAIMER
16.1 Care Food Co makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies. Our Products are labelled with possible allergen-containing ingredients; however despite us taking the greatest care in our kitchen there is always a risk of contamination.
16.2 In our production kitchen we use milk, egg, gluten, fish, nuts and tree nuts, crustacean shellfish, soybean, sesame seeds and Products containing sulphites. We cannot guarantee a total absence of these in any of our Products. There is also a possibility that ingredients that we buy from manufacturers could change their formulation at any time, without notice.
16.3 Customers concerned with food allergies need to be aware of this risk.
17. PRICING
17.1 From time to time we may need to revise the price of the Products. The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
17.2 Product prices and delivery charges include taxes including GST where applicable.
18. PAYMENT
18.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
18.2 Orders will be charged to your nominated payment method.
18.2.1 It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.
18.2.2 It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
18.3 Storage of Collected Information
18.3.1 Care Food Co does 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.
18.3.2 All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the eWAY and PayPal payment gateways for our online payment transactions.
18.3.3 Complete debit/credit card details cannot be viewed by Care Food Co or any outside party.
18.3.4 Payments will appear on your bank statement as “Care Food Co Pty Ltd” in your PayPal account.
18.4 Suspected fraud accounts
18.4.1 We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
18.4.2 We reserve the right to terminate your Order or accounts following the investigation.
19. PRIVACY
19.1 Our Privacy Policy is a separate document available on the Site.
19.2 We may use your contact information to send you newsletters from us and from our related companies.
20. INTELLECTUAL PROPERTY
20.1 You acknowledge that this Site and all Content which exists in connection with this Site:
20.1.1 belongs exclusively to Care Food Co and/or its licensors, unless otherwise expressly stated; or
20.1.2 is protected by copyright, trade mark or other intellectual property rights and laws.
20.2 Commercial use of this Site and any of its Content is completely prohibited. You can download, print and retain a copy of Content from the Site solely for your personal, non-commercial use, provided that the copy is unaltered and retains all proprietary notices originally displayed on the Site.
20.3 You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any Content in whole or in part or permit or assist any other person to do so.
21. USE OF SITE
21.1 You may only use the Site for personal purposes unless Care Food Co provides express written consent to the contrary.
22. THIRD PARTY & OTHER WEBSITES
22.1 The Site may contain links to other websites operated by third parties which are not under the control of Care Food Co. Care Food Co provides these links for information only and accept no responsibility for any of those included websites or the content and material contained on the linked websites
22.2 Your access to those third party websites and/or use of the Products and services available on those third party websites are solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Care Food Co of the sites or the Products or services provided on the Site.
22.3 Care Food Co :
22.3.1 does not permit any linkages to the Site without prior permission; and
22.3.2 is not responsible for the privacy practices of websites that are linked to the Site via hyperlinks, banner advertising or otherwise.
23. SPAM & COOKIES
23.1 We will never knowingly send you electronic messages without your consent.
23.2 Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide website usage information as well as to assist us to improve and develop the Products and services we offer.
23.3 Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of the web page.
24. YOUR CONDUCT
24.1 When using the Site you must not post or transmit any information or material that is discriminatory, defamatory, and obscene or is otherwise unlawful or infringes or violates the rights of Care Food Co or third parties.
25. LIMITATION OF LIABILITY
25.1 Subject to clauses 25.2 and 25.3, any liability of Care Food Co for any loss or damage, however caused (including by the negligence of Care Food Co), suffered by the Buyer in connection with a Product is limited to the monetary amount paid by the Customer to Care Food Co for that Product.
25.2 Subject to clause 25.3, Care Food Co is not liable for any consequential loss however caused (including by the negligence of Care Food Co ), suffered or incurred by the Buyer in connection with a Product
25.3 If the Trade Practices Act 1974 (Cth) or any other legislation implies a condition or warranty into this agreement in respect of goods or services supplied, and Care Food Co’ liability for breach of that condition or warranty may not be excluded but may be limited, clauses 25.1, 25.2 and 25.4 do not apply to that liability and instead Care Food Co’ liability for such breach is limited to, in the case of a supply of goods, Care Food Co replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, Care Food Co supplying the services again or paying the cost of having the services supplied again.
25.4 The Buyer indemnifies Care Food Co for all liabilities, losses, damages, costs or expenses suffered or incurred by Care Food Co as a result of any act or omission of the Buyer, including (without limitation) loss incurred as a result of the Buyer:
25.4.1 cancelling any Order or part of any Order;
25.4.2 unloading, storing or handling the Products;
25.4.3 failing to comply with any manufacturer instructions regarding the Products or with any laws relating to the storage, handling, sale, marking or use of the Products;
25.4.4 making, or allowing to be made, any statement in respect of the operation, application, appropriateness and use of the Products; or
25.4.5 breaching any of the Buyer's obligations under these terms and conditions of sale.
26. FORCE MAJEURE
26.1 Care Food Co is not liable to the Buyer for any failure to comply with this document if the failure (directly or indirectly) arises out of any circumstances which are not within Care Food Co’ reasonable control (including, for example, an act of war or terrorism, natural disaster, industrial action or failure of a supplier, public utility or common carrier) (a Force Majeure Event).
26.2 If a Force Majeure Event occurs, Care Food Co’ obligations under these terms and conditions of sale are suspended to the extent they are affected by the relevant event as long as the event continues. Neither Care Food Co nor the Buyer may terminate these terms and conditions of sale as a consequence of any Force Majeure Event.
27. GENERAL
27.1 Severability: Each provision of these Terms is severable. These Terms remain enforceable even if individual clauses are removed or deemed unenforceable.
27.2 Viruses: Care Food Co cannot guarantee that any file or program available for download and/or execution from or via the Site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on the Site, and you release Care Food Co entirely of all responsibility for any consequences of its use.
27.3 Applicable Law: These Terms are governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. Disputes arising from these Terms are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
27.4 Access from outside Australia: The Site may be accessed throughout Australia and overseas. Care Food Co makes no representations that the Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Care Food Co Pty Ltd (“we”, “us”, “our”), ABN 39 645 594 716 thanks you (“you”, “your”, “customer”) for using our website, www.carefoodco.com.au (the “Website”). Your access to and use of all information on this website including purchase of our Product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
In these terms any reference to www.carefoodco.com.au or Care Food Co will mean Care Food Co Pty Ltd and be referred as (“we, “us”, our”)
We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our privacy policy can be viewed at Privacy Policy and forms part of these terms.
If at any time you would like to contact us about any matter including these terms, please contact Care Food Co by email: info@carefoodco.com.au.
1. DEFINITIONS AND INTERPRETATION
1.1 In these terms unless the context indicates otherwise:
Australian Consumer Law means the Australian Consumer Law under the Competition and Consumer Act 2010.
Authority to Leave means the authority granted to Care Food Co (including its staff and contractors) through placing an Order, permitting Care Food Co to leave Products to fulfil the Order at the Delivery Address.
Claim means any claim, demand, suit or proceeding.
Content means all content and material available on the Site.
Delivery Address means the Delivery Address nominated by you in your Order.
Care Food Co means the website owned and operated by Care Food Co Pty Ltd.
Item means an individual Product item that has been Ordered by you.
Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Order means an Order made with Care Food Co for the purchase of Products offered by Care Food Co .
Personal Information has the meaning given to that term under the Privacy Act 1988 (Cth).
Price(s) means the prices for the Products as displayed from time to time on the site at www.carefoodco.com.au/prices.
Products means the menu items advertised for sale from time to time on the site at www.carefoodco.com.au/menu.
Care Food Co Account means an account with carefoodco.com.au for which you have registered as a customer of carefoodco.com.au.
Care Food Co Intellectual Property means all Intellectual Property Rights owned by and/or licensed to Care Food Co.
Business Day means any day other than a Saturday or Sunday or public holiday in a State in which carefoodco.com.au offers delivery of the Products.
Sample means a small Product which is representative of the Products available for sale.
1.2 In these Terms unless the context indicates otherwise:
1.2.1 Headings are for convenience only and do not affect the interpretation of these Terms;
1.2.2 Words importing the singular include the plural and vice versa;
1.2.3 Words importing a gender include each gender;
1.2.4 References to persons include references to corporations and other bodies and entities; and
1.2.5 References to statutes include all statutes amending, consolidating or replacing such statutes and include any subordinated legislation under them
2. REGISTERED USERS
2.1 Our website provides you with the option of becoming a registered user and to open an account. If you choose to register, you provide certain information as set out on our membership/registration page.
2.2 Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2.3 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
2.4 We reserve the right to terminate your registration at any time if you breach these terms and conditions.
2.5 Our services are intended to be used by registered users within Australia only.
3. SERVICE AVAILABILITY
3.1 The Site is only intended for use by people residing in nominated areas of Australia (Service Areas). We do not accept Orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all Orders accepted online. We do not accept Orders by phone.
3.2 Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
3.3 All prices are in Australian Dollars (AUD) and are inclusive of GST if applicable. We endeavour to ensure that our price list is current. Our price list can be accessed from our website and we reserve the right to amend our prices at any time.
4. YOUR STATUS
4.1 By placing an Order through our site, you warrant that:
4.1.1 You are legally capable of entering into binding contracts; and
4.1.2 You are at least 18 years old; and
4.1.3 You are resident in one of the Service Areas
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After completing the Order process on the site, you will receive an email from us acknowledging that we have received your Order (Order). Please note that this does not mean that an Order has been accepted.
5.2 An Order will relate only to the Product or service you have Ordered. Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or service in that Order to you in accordance with these Terms and Conditions.
6. ORDERS
6.1 These terms and an Order which is placed pursuant to these terms will form the entire agreement between you and Care Food Co in relation to the purchase, sale and delivery of the applicable Products the subject of that Order. In the event of any inconsistency between these terms and an Order, these terms will prevail.
6.2 Once you have placed and paid for your Order, we will confirm your Order by way of provision of a Care Food Co client Order number (Order Number). This will be recorded in your Care Food Co Account for future reference (Order History).
6.3 We reserve the right to specify a total minimum quantity of Products or value for Orders below which Orders will not be accepted (minimum quantities). We may, in our discretion, decide to accept an Order which is below the minimum quantity for a Product. However, acceptance of an Order below the minimum quantity will not oblige us to accept any other Order(s), at any time, that are below the minimum quantity.
6.4 The value of the Order and the minimum quantities:
6.4.1 are based on the value of the Products after any promotional discounts are applied; and
6.4.2 excludes any delivery fee.
6.5 Generally, Products that are out of stock will appear as such on the site and you should not be able to Order such Products. However, if a Product you have Ordered is later found to be unavailable we will replace it with a Product that you have already Ordered.
6.6 If a Product you have Ordered is missing from the box that we have delivered to you and you have not already heard from us about a shortfall in your Order, then please contact us the same day by email: info@carefoodco.com.au or by telephoning us on 1300 251 890 and briefly explain the issue making reference to your Order number. If there is an error in your Order we will provide you with a credit or refund for the Product(s) that you Ordered and have not been supplied, or that have not been supplied correctly
6.7 Orders must be placed no later than midday on Friday for delivery the following Wednesday. Orders for delivery on Saturday must be placed no later than midday on the preceding Wednesday.
6.7.1 If Friday (day of Order) falls as a public holiday, the Order must be placed by 5.00pm the day prior. If Wednesday (day of order) falls as a public holiday, the Order must be placed by 5.00pm the day prior.
6.7.2 If Wednesday (day of delivery) falls as a public holiday, the order will be delivered the next available business day.
6.7.3 In the case of emergency Orders please email us at info@carefoodco.com.au to see how we can help. Additional charges may be applied.
7. AMENDING AN ORDER
7.1 It is not possible for you to change the Items that are the subject of an Order and/or the Delivery Address with respect to that Order, once that Order has been placed. If you have forgotten an Item or otherwise wish to amend your Order, then you will need to promptly telephone the Care Food Co office on1300 251 890, on the same day that you place your Order.
8. CANCELLING AN ORDER
8.1 You may cancel an Order, however such cancellation must be made by way of telephone call to the Care Food Co office by calling 1300 251 890 no less than two (2) working days prior to the specified delivery date, after which time your Order is final, and no cancellation is permitted.
8.2 If you, cancel your Order:
8.2.1 prior to the Order becoming final, the total cost of your Order, including all fees and charges, will be refunded in the same way as you paid for that Order; or
8.2.2 after the Order has become final, Care Food Co may charge you a reasonable late cancellation fee.
8.3 Care Food Co may cancel any part of any Order at any time without any liability to you in any of the following circumstances:
8.3.1 the items(s) the subject of that Order is/are not available; or
8.3.2 There is an error in the price or the Product descriptions posted on the site for the items in that Order.
8.3.3 Your Order has been placed in breach of these terms.
8.4 If we cancel any part of an Order, we will:
8.4.1 Endeavour to provide you with reasonable notice of that cancellation (usually by way of notice with your delivery);
8.4.2 If an item is out of stock it will be replaced with an equivalent menu item already selected; and
8.4.3 Reimburse you the price of any Items that you have not received (where these have not been replaced with equivalent Items) ,via:
8.4.3.1 Refund to you (credited in the same way as your original payment method); or
8.4.3.2 Through an alternative means as reasonably determined by us.
9. DELIVERY
9.1 Before placing an Order it is your responsibility to check whether we deliver to your area, and the days we deliver, either by telephoning us on 1300 251 890 or checking the relevant section of the site, www.carefoodco .com.au/delivery. You can select an available delivery day up to 28 days in advance of the day you place your Order.
9.2 It is your responsibility to ensure that the Delivery Address you provide to Care Food Co for your Order is correct.
9.3 Your Order will be delivered on Saturday as close as possible between 7.00am and 6.00pm subject to traffic conditions and delays. Our couriers will deliver the Products to you:
9.3.1 in a returnable cardboard box; and
9.3.2 at the Delivery Address; and
9.3.3 on the agreed date.
9.4 You authorise us to make delivery to any person in your household who is present at the Delivery Address at the time of delivery and is able to receive the Items.
9.5 Care Food Co does not provide a hard copy delivery note or invoice with the box. Please refer to your Order confirmation in your Order history and tax invoices stored within your Care Food Co account.
9.6 Risk and title to the Products passes to you:
9.6.1 upon delivery of your Order to the Delivery Address; or
9.6.2 in the case of collection of the Order in-person at our factory, at the time of collecting or paying for those Products.
9.7 It is a condition of placing an Order with Care Food Co that you will not on-sell, or attempt to on-sell, or otherwise trade the Care Food Co branded goods and, in the event that you breach these terms and on-sell a Product to a third party.
9.7.1 Care Food Co will not be liable for any Loss and/or Claims made by an third party whether made to you or Care Food Co directly, with respect to the Products(s); and
9.7.2 You indemnify Care Food Co from any and all Claims made against Care Food Co with respect to the Products(s).
9.8 We strongly recommend that you transfer your Item(s) from the box to a refrigerator as soon as possible after delivery. If for some reason the Items in your box are not chilled when you open the box please do not re-chill or consume those Items and contact us immediately.
9.9 If you request our delivery person to place the Items in your refrigerator and we agree that it is practical to do so you agree to hold us and our delivery person harmless from any loss or injury suffered or incurred through the delivery of the Items beyond your front door.
9.10 By confirming your Order you grant Care Food Co (including its staff and contractors) an Authority to Leave.
9.11 If we are unable to leave the box at your nominated Delivery Address we will attempt to contact you by telephone for further delivery instructions. We reserve the right to charge an additional reasonable delivery fee if you direct us to deliver your box to another location. You acknowledge that the Items that are the subject of an Order are perishable and will only remain chilled for a few hours. If we cannot deliver the Products in accordance with your instructions on the agreed delivery date you remain liable for the Items you have Ordered, which we may be forced to discard (due to failure on your part to enable us to deliver) without any liability to refund you for or replace those Products or refund any delivery fee.
9.12 Please leave the box in which we deliver the Products out for collection by our delivery person at the time of your next delivery from Care Food Co. We will only collect your empty box if it is in a satisfactory condition and fit for reuse.
10. SERVICE AREAS
10.1 Currently service across NSW, Canberra, Greater Melbourne, Regional Victoria and Greater Brisbane to the Sunshine Coast.
10.2 If you reside outside these areas please contact us by email using info@carefoodco.com.au to see how we can assist.
11. SPECIAL DELIVERY INSTRUCTIONS
11.1 If it is likely that you will not be home at the time of delivery you may:
11.1.1 nominate a safe and shady place where you authorise us to leave your box if you are not present; and
11.1.2 provide us with instructions detailing how the delivery person will access the place you have specified (Special Delivery Instructions).
11.2 it is your responsibility entirely to ensure that:
11.2.1 Your Special Delivery Instructions are simple; and
11.2.2 The specified place for delivery is:
11.2.2.1 easily identifiable;
11.2.2.2 safe for our delivery person to access;
11.2.2.3 sufficiently secure as to avoid the possibility of your box being stolen; and
11.2.2.4 a location out of direct sun (especially on hot days in summer).
11.2.3 We cannot leave eskies outside security gates or on public property. If you live in an apartment building with a security gate or premises where there is not a safe and shady place to leave your box if you are not home at the delivery time, we encourage you to direct us to deliver your box to an alternative address, such as a neighbour's residence.
12. SAMPLES
12.1 We offer samples from time to time
12.2 Samples are provided in a pre-packaged box. Samples included in the box are predetermined and are designed for you to try some of our Product range before you commit to a paid for offer.
12.3 any sample of Goods exhibited to, or inspected by the Customer is supplied solely to judge the quality in bulk and does not constitute a sale of sample.
12.4 Samples are provided free of charge and delivery fee’s.
12.4.1 Samples do not form part of any other Order.
12.5 Access to samples is through submitting the form samples@carefoodco.com.au
13. DELIVERY FEES
13.1 Currently there is a charge of between $22.00 & $33.00 for delivery of Orders. However, we may in the future alter the delivery fee in which case we will advise you of that delivery fee at the time that you place an Order.
13.2 If we have attempted to deliver but have failed to deliver because of a failure on your part to meet your responsibilities set out within these Terms, then we reserve the right to charge a subsequent redelivery fee of between $22.00 & $33.00, without limitation to the value of the Order and the delivery costs.
14. GUARANTEES, REFUNDS AND RETURNS
14.1 To the full extent permitted by law, the liability of Care Food Co in respect to refunds and returns is limited, at the option of Care Food Co to the:
14.1.1 replacement or resupply of the applicable Product(s);
14.1.2 or payment of the cost of such replacement or resupply of the applicable Product(s).
14.2 Care Food Co does not offer any refund or return or return where you simply change your mind in respect of any purchase of a Product and, due to the perishable nature of the Products, we cannot accept returns.
14.3 Refunds will only be issued to the extent required by the Australian Consumer Law and the Sale of Goods Act 1923 (NSW). The Australian Consumer Law gives consumers rights in respect of goods and services they purchase, called consumer guarantees and such guarantees cannot be excluded under the Australian Consumer Law.
14.4 If Products are delivered and you notice any shortfall in the Products, you need to report the shortfall to Care Food Co in writing accompanied by a photograph, or by email to info@carefoodco.com.au, within 48 hours after receipt of the Products. We will promptly seek to investigate the circumstances surrounding any alleged shortfall in Products. We may need to inspect, or see a photo of any Items delivered which you consider unsatisfactory before agreeing to pay a refund or credit, or to conduct Product testing. Please keep the affected Products until we advise they can be discarded. Any replacement of a Product supplied by Care Food Co for a faulty Product will only be shipped after Care Food Co has confirmed that there has been a shortfall in the Products.
14.5 Please contact us if you are in any way not fully satisfied with the Products and services you have received from Care Food Co. We will promptly review your situation or concerns and unless your dissatisfaction is due to a failure on your part to comply with your responsibilities as detailed in these Terms, or is otherwise as a result of negligence or misconduct on your part, we will offer you a credit or a refund in lieu of those Products or services that are found to be unsatisfactory.
14.6 Online credit card Order cancellations or refunds will be processed on the next business day in accordance with your bank handling time, and any fees or charges from us will appear on your statement from your bank/payment provider as being from Care Food Co Pty Ltd.
14.7 Where a refund is authorised, there may be a delay of up to and possibly exceeding, 28 days from the authorisation date.
14.8 For all assistance with returns please email Care Food Co at info@carefoodco.com.au
15. COMPLAINTS AND FEEDBACK
15.1 If you wish to make a complaint or provide feedback to us, please call on1300 251 890, write to us at 13-15 Lexington Place Maroubra 2035, or email info@carefoodco.com.au stating your name and contact details inclusive of contact details in order for us to discuss the complaint with you. If the complaint is product related, please advise, order number, delivery date and the product name and level.
15.2 We will respond to your complaint within two business days.
16. PRODUCT INSTRUCTIONS AND FOOD PREPARATION DISCLAIMER
16.1 Our Products are carefully calibrated to ensure compliance with IDDSI standards. Please take time to review our video tutorials to ensure that you are fully conversant with meal preparation instructions.
16.2 We make no representation that our Products will at all times comply with IDDSI standards. IDDSI standards such as viscosity are influenced by environmental factors such as temperature and humidity.
16.3 Customers suffering from Dysphagia and swallowing conditions should be aware of this risk when buying, using and/or consuming our Products.
17. FOOD ALLERGY DISCLAIMER
17.1 Care Food Co makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies. Our Products are labelled with possible allergen-containing ingredients; however despite us taking the greatest care in our kitchen there is always a risk of contamination.
17.2 In our production kitchen we use milk, egg, gluten, fish, nuts and tree nuts, crustacean shellfish, soybean, sesame seeds and Products containing sulphites. We cannot guarantee a total absence of these in any of our Products. There is also a possibility that ingredients that we buy from manufacturers could change their formulation at any time, without notice.
17.3 Customers concerned with food allergies need to be aware of this risk.
18. PRICING
18.1 From time to time we may need to revise the price of the Products. The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
18.2 Product prices and delivery charges include taxes including GST where applicable.
19. PAYMENT
19.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
19.2 Orders will be charged to your nominated payment method.
19.2.1 It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.
19.2.2 It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
19.3 Storage of Collected Information
19.3.1 Care Food Co does 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.
19.3.2 All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the Commonwealth bank and PayPal payment gateways for our online payment transactions.
19.3.3 Complete debit/credit card details cannot be viewed by Care Food Co or any outside party.
19.3.4 Payments will appear on your bank statement as “Care Food Co Pty Ltd” in your PayPal account.
19.4 Suspected fraud accounts
19.4.1 We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
19.4.2 We reserve the right to terminate your Order or accounts following the investigation.
20. PRIVACY
20.1 Our Privacy Policy is a separate document available on the Site.
20.2 We may use your contact information to send you newsletters from us and from our related companies.
21. INTELLECTUAL PROPERTY
21.1 You acknowledge that this Site and all Content which exists in connection with this Site:
21.1.1 belongs exclusively to Care Food Co and/or its licensors, unless otherwise expressly stated; or
21.1.2 is protected by copyright, trade mark or other intellectual property rights and laws.
21.2 Commercial use of this Site and any of its Content is completely prohibited. You can download, print and retain a copy of Content from the Site solely for your personal, non-commercial use, provided that the copy is unaltered and retains all proprietary notices originally displayed on the Site.
21.3 You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any Content in whole or in part or permit or assist any other person to do so.
22. USE OF SITE
22.1 You may only use the Site for personal purposes unless Care Food Co provides express written consent to the contrary.
23. THIRD PARTY & OTHER WEBSITES
23.1 The Site may contain links to other websites operated by third parties which are not under the control of Care Food Co. Care Food Co provides these links for information only and accept no responsibility for any of those included websites or the content and material contained on the linked websites
23.2 Your access to those third party websites and/or use of the Products and services available on those third party websites are solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Care Food Co of the sites or the Products or services provided on the Site.
23.3 Care Food Co :
23.3.1 does not permit any linkages to the Site without prior permission; and
23.3.2 is not responsible for the privacy practices of websites that are linked to the Site via hyperlinks, banner advertising or otherwise.
24. SPAM & COOKIES
24.1 We will never knowingly send you electronic messages without your consent.
24.2 Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide website usage information as well as to assist us to improve and develop the Products and services we offer.
24.3 Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of the web page.
25. YOUR CONDUCT
25.1 When using the Site you must not post or transmit any information or material that is discriminatory, defamatory, and obscene or is otherwise unlawful or infringes or violates the rights of Care Food Co or third parties.
26. LIMITATION OF LIABILITY
26.1 Subject to clauses 25.2 and 25.3, any liability of Care Food Co for any loss or damage, however caused (including by the negligence of Care Food Co), suffered by the Buyer in connection with a Product is limited to the monetary amount paid by the Customer to Care Food Co for that Product.
26.2 Subject to clause 25.3, Care Food Co is not liable for any consequential loss however caused (including by the negligence of Care Food Co ), suffered or incurred by the Buyer in connection with a Product
26.3 If the Trade Practices Act 1974 (Cth) or any other legislation implies a condition or warranty into this agreement in respect of goods or services supplied, and Care Food Co’ liability for breach of that condition or warranty may not be excluded but may be limited, clauses 25.1, 25.2 and 25.4 do not apply to that liability and instead Care Food Co’ liability for such breach is limited to, in the case of a supply of goods, Care Food Co replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, Care Food Co supplying the services again or paying the cost of having the services supplied again.
26.4 The Buyer indemnifies Care Food Co for all liabilities, losses, damages, costs or expenses suffered or incurred by Care Food Co as a result of any act or omission of the Buyer, including (without limitation) loss incurred as a result of the Buyer:
26.4.1 cancelling any Order or part of any Order;
26.4.2 unloading, storing or handling the Products;
26.4.3 failing to comply with any manufacturer instructions regarding the Products or with any laws relating to the storage, handling, sale, marking or use of the Products;
26.4.4 making, or allowing to be made, any statement in respect of the operation, application, appropriateness and use of the Products; or
26.4.5 breaching any of the Buyer's obligations under these terms and conditions of sale.
27. FORCE MAJEURE
27.1 Care Food Co is not liable to the Buyer for any failure to comply with this document if the failure (directly or indirectly) arises out of any circumstances which are not within Care Food Co’ reasonable control (including, for example, an act of war or terrorism, natural disaster, industrial action or failure of a supplier, public utility or common carrier) (a Force Majeure Event).
27.2 If a Force Majeure Event occurs, Care Food Co’ obligations under these terms and conditions of sale are suspended to the extent they are affected by the relevant event as long as the event continues. Neither Care Food Co nor the Buyer may terminate these terms and conditions of sale as a consequence of any Force Majeure Event.
28. GENERAL
28.1 Severability: Each provision of these Terms is severable. These Terms remain enforceable even if individual clauses are removed or deemed unenforceable.
28.2 Viruses: Care Food Co cannot guarantee that any file or program available for download and/or execution from or via the Site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on the Site, and you release Care Food Co entirely of all responsibility for any consequences of its use.
28.3 Applicable Law: These Terms are governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. Disputes arising from these Terms are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
28.4 Access from outside Australia: The Site may be accessed throughout Australia and overseas. Care Food Co makes no representations that the Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
15. PRODUCT INSTRUCTIONS AND FOOD PREPARATION DISCLAIMER
15.1 Our Products are carefully calibrated to ensure compliance with IDDSI standards. Please take time to review our video tutorials to ensure that you are fully conversant with meal preparation instructions.
15.2 We make no representation that our Products will at all times comply with IDDSI standards. IDDSI standards such as viscosity are influenced by environmental factors such as temperature and humidity.
15.3 Customers suffering from Dysphagia and swallowing conditions should be aware of this risk when buying, using and/or consuming our Products.
16. FOOD ALLERGY DISCLAIMER
16.1 Care Food Co makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies. Our Products are labelled with possible allergen-containing ingredients; however despite us taking the greatest care in our kitchen there is always a risk of contamination.
16.2 In our production kitchen we use milk, egg, gluten, fish, nuts and tree nuts, crustacean shellfish, soybean, sesame seeds and Products containing sulphites. We cannot guarantee a total absence of these in any of our Products. There is also a possibility that ingredients that we buy from manufacturers could change their formulation at any time, without notice.
16.3 Customers concerned with food allergies need to be aware of this risk.
17. PRICING
17.1 From time to time we may need to revise the price of the Products. The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
17.2 Product prices and delivery charges include taxes including GST where applicable.
18. PAYMENT
18.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
18.2 Orders will be charged to your nominated payment method.
18.2.1 It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.
18.2.2 It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
18.3 Storage of Collected Information
18.3.1 Care Food Co does 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.
18.3.2 All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the eWAY and PayPal payment gateways for our online payment transactions.
18.3.3 Complete debit/credit card details cannot be viewed by Care Food Co or any outside party.
18.3.4 Payments will appear on your bank statement as “Care Food Co Pty Ltd” in your PayPal account.
18.4 Suspected fraud accounts
18.4.1 We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
18.4.2 We reserve the right to terminate your Order or accounts following the investigation.
19. PRIVACY
19.1 Our Privacy Policy is a separate document available on the Site.
19.2 We may use your contact information to send you newsletters from us and from our related companies.
20. INTELLECTUAL PROPERTY
20.1 You acknowledge that this Site and all Content which exists in connection with this Site:
20.1.1 belongs exclusively to Care Food Co and/or its licensors, unless otherwise expressly stated; or
20.1.2 is protected by copyright, trade mark or other intellectual property rights and laws.
20.2 Commercial use of this Site and any of its Content is completely prohibited. You can download, print and retain a copy of Content from the Site solely for your personal, non-commercial use, provided that the copy is unaltered and retains all proprietary notices originally displayed on the Site.
20.3 You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any Content in whole or in part or permit or assist any other person to do so.
21. USE OF SITE
21.1 You may only use the Site for personal purposes unless Care Food Co provides express written consent to the contrary.
22. THIRD PARTY & OTHER WEBSITES
22.1 The Site may contain links to other websites operated by third parties which are not under the control of Care Food Co. Care Food Co provides these links for information only and accept no responsibility for any of those included websites or the content and material contained on the linked websites
22.2 Your access to those third party websites and/or use of the Products and services available on those third party websites are solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Care Food Co of the sites or the Products or services provided on the Site.
22.3 Care Food Co :
22.3.1 does not permit any linkages to the Site without prior permission; and
22.3.2 is not responsible for the privacy practices of websites that are linked to the Site via hyperlinks, banner advertising or otherwise.
23. SPAM & COOKIES
23.1 We will never knowingly send you electronic messages without your consent.
23.2 Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide website usage information as well as to assist us to improve and develop the Products and services we offer.
23.3 Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of the web page.
24. YOUR CONDUCT
24.1 When using the Site you must not post or transmit any information or material that is discriminatory, defamatory, and obscene or is otherwise unlawful or infringes or violates the rights of Care Food Co or third parties.
25. LIMITATION OF LIABILITY
25.1 Subject to clauses 25.2 and 25.3, any liability of Care Food Co for any loss or damage, however caused (including by the negligence of Care Food Co), suffered by the Buyer in connection with a Product is limited to the monetary amount paid by the Customer to Care Food Co for that Product.
25.2 Subject to clause 25.3, Care Food Co is not liable for any consequential loss however caused (including by the negligence of Care Food Co ), suffered or incurred by the Buyer in connection with a Product
25.3 If the Trade Practices Act 1974 (Cth) or any other legislation implies a condition or warranty into this agreement in respect of goods or services supplied, and Care Food Co’ liability for breach of that condition or warranty may not be excluded but may be limited, clauses 25.1, 25.2 and 25.4 do not apply to that liability and instead Care Food Co’ liability for such breach is limited to, in the case of a supply of goods, Care Food Co replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, Care Food Co supplying the services again or paying the cost of having the services supplied again.
25.4 The Buyer indemnifies Care Food Co for all liabilities, losses, damages, costs or expenses suffered or incurred by Care Food Co as a result of any act or omission of the Buyer, including (without limitation) loss incurred as a result of the Buyer:
25.4.1 cancelling any Order or part of any Order;
25.4.2 unloading, storing or handling the Products;
25.4.3 failing to comply with any manufacturer instructions regarding the Products or with any laws relating to the storage, handling, sale, marking or use of the Products;
25.4.4 making, or allowing to be made, any statement in respect of the operation, application, appropriateness and use of the Products; or
25.4.5 breaching any of the Buyer's obligations under these terms and conditions of sale.
26. FORCE MAJEURE
26.1 Care Food Co is not liable to the Buyer for any failure to comply with this document if the failure (directly or indirectly) arises out of any circumstances which are not within Care Food Co’ reasonable control (including, for example, an act of war or terrorism, natural disaster, industrial action or failure of a supplier, public utility or common carrier) (a Force Majeure Event).
26.2 If a Force Majeure Event occurs, Care Food Co’ obligations under these terms and conditions of sale are suspended to the extent they are affected by the relevant event as long as the event continues. Neither Care Food Co nor the Buyer may terminate these terms and conditions of sale as a consequence of any Force Majeure Event.
27. GENERAL
27.1 Severability: Each provision of these Terms is severable. These Terms remain enforceable even if individual clauses are removed or deemed unenforceable.
27.2 Viruses: Care Food Co cannot guarantee that any file or program available for download and/or execution from or via the Site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on the Site, and you release Care Food Co entirely of all responsibility for any consequences of its use.
27.3 Applicable Law: These Terms are governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. Disputes arising from these Terms are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
27.4 Access from outside Australia: The Site may be accessed throughout Australia and overseas. Care Food Co makes no representations that the Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.