TERMS OF SERVICE

OVERVIEW

This website is operated by Meals by Moodi. Throughout the site, the terms “we”, “us” and “our” refer to Meals by Moodi. Meals by Moodi offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein or made available through our website.

These Terms apply to all users of the site, including without limitation browsers, customers, merchants, vendors and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you should not access the website or use our Services.

Any new features, products, services or tools added to the store will also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.

Section 1 — Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have given consent for any minor dependants to use this site under your supervision.

You may not use our products or Services for any illegal or unauthorised purpose, nor may you violate any applicable laws in your use of the Service.

You must not transmit viruses, malicious code or any material designed to interfere with the operation or security of the website.

A breach of these Terms may result in termination of your access to the Service.

Section 2 — General Conditions

We reserve the right to refuse service to anyone where reasonably necessary or permitted by law.

You understand that your content, excluding payment information, may be transferred across various networks and adapted to meet technical requirements. Payment information is encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

The headings used in these Terms are included for convenience only and do not affect their interpretation.

Section 3 — Accuracy, Completeness and Timeliness of Information

We make reasonable efforts to ensure that information on our website is accurate and current. However, information provided on the site may occasionally contain errors, omissions or outdated information.

Information provided on the website is for general information purposes and should not be relied upon as the sole basis for making decisions where more complete or current information is required.

We reserve the right to modify the contents of the website at any time.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify, suspend or discontinue a product, Service or feature at any time, subject to our obligations under applicable Australian law.

We will not be liable for changes to pricing or availability except to the extent liability cannot lawfully be excluded.

Section 5 — Products and Services

Certain products or services may be available exclusively online and may be available in limited quantities.

Our meals are prepared fresh and made to order. Product availability, menus, ingredients and meal selections may change from time to time.

We make every reasonable effort to accurately display and describe our products. Images are for illustrative purposes and presentation may vary slightly.

We reserve the right to limit quantities, discontinue products or restrict sales where reasonably necessary.

All descriptions, prices and availability are subject to change without notice.

We do not offer customisation of meals beyond the options expressly provided on our website, including customisation for allergies or dietary requirements.

Customers are responsible for reviewing product descriptions, ingredients and allergen information before purchasing.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

Section 6 — Orders, Billing and Account Information

We reserve the right to refuse, limit or cancel an order where reasonably necessary, including where we suspect fraud, misuse, pricing errors or unauthorised resale.

If we change or cancel an order, we may attempt to notify you using the email address or telephone number provided at checkout.

You agree to provide current, complete and accurate purchase and account information and to promptly update your information where necessary.

You are responsible for ensuring that your delivery address, contact information and delivery instructions are accurate when placing your order.

Section 7 — Meal Orders and Cut-Off Times

Meals by Moodi operates on scheduled production and delivery cycles.

Orders must be placed before the applicable cut-off time displayed on our website to qualify for the corresponding delivery run.

As our meals are made to order, orders placed or completed after a cut-off may automatically move to the next available production and delivery cycle.

Customers are responsible for reviewing the applicable delivery date and cut-off information before completing their purchase.

Section 8 — Delivery

Delivery dates and times are estimates and may be affected by courier capacity, traffic, weather, access restrictions and circumstances outside our reasonable control.

Where tracking is available, delivery information may be sent to the mobile number or email address provided with your order.

Customers are responsible for ensuring that the delivery address is correct and that appropriate access is available, including access to apartment buildings, gated premises and secure complexes.

Where authority to leave or safe-to-leave delivery applies, the order may be left in a reasonably safe location at the delivery address.

Due to the perishable nature of our meals, customers should retrieve and refrigerate their order as soon as reasonably possible following delivery.

Section 9 — Food Safety, Storage and Allergens

Our meals are perishable food products and must be stored, handled and consumed in accordance with the storage instructions, use-by dates and other information provided on the packaging.

Customers are responsible for appropriately refrigerating meals following delivery.

Our meals may be prepared in environments where allergens are handled. While reasonable care is taken during preparation, we cannot guarantee the absence of traces of allergens.

Customers with allergies, intolerances or specific dietary requirements are responsible for reviewing the relevant product and allergen information before ordering.

If you have a serious food allergy, you should not rely solely on website descriptions and should contact us before purchasing if further information is required.

Section 10 — Returns, Refunds and Product Issues

Due to the perishable nature of our meals, we generally cannot accept returns for change of mind.

If you receive an incorrect, damaged, compromised or otherwise defective product, please contact us as soon as possible with your order details and, where applicable, photographs of the product and packaging.

Any refund, replacement, credit or other remedy will be assessed in accordance with the circumstances and our obligations under the Australian Consumer Law.

Nothing in these Terms limits your rights in relation to goods that fail to meet applicable consumer guarantees.

Section 11 — Optional Tools

We may provide access to third-party tools, applications or services that we do not control.

Your use of third-party tools is subject to the applicable third party’s terms and policies.

We may introduce new services, tools and features in the future, which will also be subject to these Terms where applicable.

Section 12 — Third-Party Links

Our website may contain links to third-party websites or services.

We are not responsible for the content, accuracy, policies, products or practices of third-party websites.

You should review the relevant third party’s policies before engaging in transactions with them.

Section 13 — User Comments, Feedback and Submissions

If you submit reviews, feedback, suggestions, photographs, ideas or other content to us, you represent that you have the right to provide that material.

You agree that your submissions will not violate the rights of any third party or contain unlawful, defamatory, abusive, obscene or malicious material.

We reserve the right to moderate or remove content that violates these Terms or applicable law.

Section 14 — Personal Information

Your submission and use of personal information through our store is governed by our Privacy Policy.

Please refer to the Privacy Policy available through our website for further information regarding how we collect, use, disclose and protect personal information.

Section 15 — Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, ingredients, pricing, promotions, availability, shipping charges or delivery information.

We reserve the right to correct errors, update information or cancel affected orders where appropriate.

Where an error affects an order you have already placed, we will deal with the matter in accordance with applicable Australian law.

Section 16 — Prohibited Uses

You must not use the website or its content:

• for unlawful purposes;

• to violate applicable laws or regulations;

• to infringe our intellectual property rights or those of another person;

• to submit false or misleading information;

• to transmit malicious code;

• to collect or track personal information unlawfully;

• to spam, phish, scrape or interfere with the operation of the website;

• to circumvent website security features; or

• in any manner that could damage, disable or impair the Service.

We reserve the right to restrict or terminate access for prohibited use.

Section 17 — Disclaimer and Limitation of Liability

We do not guarantee that access to our website will always be uninterrupted, timely, secure or error-free.

To the maximum extent permitted by law, Meals by Moodi will not be liable for indirect, incidental, special or consequential loss arising from the use of the website or our Services.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy that cannot lawfully be excluded or limited under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

Where our liability may lawfully be limited, it will be limited to the maximum extent permitted by law.

Section 18 — Indemnification

To the extent permitted by law, you agree to indemnify Meals by Moodi and its officers, employees, contractors and service providers against claims arising directly from your unlawful use of the Service, your breach of these Terms or your infringement of another person's rights.

Section 19 — Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be severed to the minimum extent necessary without affecting the validity and enforceability of the remaining provisions.

Section 20 — Termination

These Terms remain effective unless terminated by you or us.

You may cease using our Services at any time.

We may suspend or terminate access to our Services where you materially breach these Terms, engage in unlawful activity or misuse the Service.

Any rights or obligations that arose before termination will survive termination where applicable.

Section 21 — Entire Agreement

These Terms, together with our Privacy Policy, delivery information, refund policies and other policies published on our website, constitute the agreement governing your use of our Service.

Our failure to enforce a provision of these Terms does not constitute a waiver of that provision.

Section 22 — Governing Law

These Terms are governed by the laws of New South Wales, Australia, and applicable laws of the Commonwealth of Australia.

You submit to the jurisdiction of the courts and tribunals of New South Wales and Australia, subject to any rights you may have under applicable consumer law.

Section 23 — Changes to Terms of Service

We reserve the right to update, change or replace these Terms from time to time by publishing an updated version on our website.

It is your responsibility to review these Terms periodically.

Your continued use of the website following the publication of changes constitutes acceptance of the updated Terms, subject to applicable law.

Section 24 — Contact Information

Questions regarding these Terms of Service can be sent to:

Meals by Moodi
care@mealsbymoodi.com.au