Terms and Conditions

Terms and Conditions

Effective Date: 28 August 2018

.

1. Introduction

(a) Welcome to www.babymealtimes.com.au (‘Our Website ’).

(b) Mealtime Enterprises (ACN 628 141 211) ATF Vegetable Village Trust (‘We ’, ‘Our’ , ‘Us ’) owns and manages Our Website.

(c) These terms and conditions (‘T&Cs ’) as amended from time to time, apply to your (‘Your ’, ‘You ’) usage, ordering, purchasing, entering into subscription services and delivery of goods and services from Our Website.

(d) Please read these T&Cs before using Our Website. The T&Cs may change with or without notice. If You do not understand these T&Cs or You need more assistance, please contact Us at admin@mealtimes.com.au.

(e) By using Our Website, You agree to be bound by these T&Cs including Our Privacy Policy.

 

2. Accuracy of information

(a) We do Our best to keep the information published on Our Website up to date and accurate. However, some information may from time to time be incorrect, out of date or inaccurate partially or in its entirety.

(b) All information on Our Website is provided for information purposes only and should not be relied upon to any extent beyond that implied by the law.

(c) Information provided on Our Website is of a general nature and You understand and accept that it is Your responsibility to undertake further independent research and seek independent medical advice for Your specific circumstances.

(d) All prices displayed on the Website or quoted by an authorised representative of Us are in Australian Dollars inclusive of GST and or USD, GDP, EUR to the reasonable accuracy of daily exchange rates or the daily exchange rate where specified by the currency converter.

 

3. Reviews

(a) Generally, We review products and or services that We seek out.

(b) Our intention is to provide You with an unbiased professional opinion. Opinions expressed on Our Website are entirely Ours and are not influenced in any way.

(c) However, from time to time We will receive:

(i) products and or services to either review or use as part of Our meal plans;

(ii) an affiliated payment or in kind benefit for a review.

(d) We will disclose in the relevant publication on Our Website when We have received a product or service in accordance with clause

3(c)(i) or benefit pursuant to clause 3(c)(ii).

 

4. Orders

(a) A separate contract is formed each time You place an order with Us to purchase goods or services including subscription plans pursuant to clause 4 (‘Order’).

(b) To avoid doubt, all Orders placed are an offer of purchase, and are subject to acceptance by Us. We reserve the absolute right to refuse to accept an offer for any reason whatsoever.

(c) We do not guarantee that all products displayed on, or mentioned on Our Website are available at the time of purchase. If an ordered product is not available, We will provide You with a similar alternative or provide You with a refund of the purchase price and the delivery charges.

(d) Once You accept the payment T&Cs and place an Order, We will charge You, and You agree to pay, the purchase price and any applicable delivery charges by a credit or debit card designated by You. If payment is not received from the card issuer or its agents for any reason, You agree to pay Us all amounts on due demand.

(e) We will not deliver or arrange for delivery of the Order until payment has been received in full.

(f) Title and risk to Order purchased by You, will only pass to You upon full payment being received by Us.

(g) Our Website payment portal is powered by PayPal and We accept payment by PayPal account, Visa, Mastercard and American Express.

 

5. Delivery

(a) We are not and will not be liable for any loss or damage, howsoever it arises, if the Order is not delivered by the estimated time for delivery.

(b) It is Your responsibility to ensure the correct delivery address details are provided to Us, including postal for the delivery of goods or email for the delivery of a subscription plan.

(c) If the delivery is made to an incorrect address as nominated by You, then an additional reasonable delivery fee may be charged to You for re-delivery to the correct address.

(d) Deliveries will happen on business days. We can not specify exact delivery times.

 

6. Refunds and exchanges

(a) We offer a no questions asked exchange of Your purchase provided it is returned to Us within 7 days of delivery and is in the original packaging and in a saleable condition. You are responsible for the shipping costs and any associated delivery charges to 43 Matthew Avenue, Leeming WA

(b) Please contact Us within 3 days of receiving a damaged or incorrect product or service in Your delivered Order.

(c) Where the damaged or incorrect item is a:

(i) product it must be returned to 43 Matthew Avenue, Leeming WA at Your cost;

(ii) service including subscription plan You must contact Us via admin@mealtimes.com.au.

(d) We will then assess the item and if deemed damaged, faulty or incorrect on delivery to You, We will replace it, ship and deliver the replacement to You at Our cost. We will also refund a reasonable amount for the shipping incurred by You to return the damaged or incorrect goods.

 

7. Limitation of liability

(a) To the extent permitted by law, neither Us or Our directors, officers, employees, agents, contractors, successors or assigns, will be liable for any injury or damage of any kind arising out of or in connection with:

(i) the items displayed on Our Website or otherwise sold by Us, the use of Our Website or any website with which it is linked;

(ii) the services displayed, offered or provided through a subscription plan on the Website, or services offered or displayed on external websites with which Our Website is linked; or

(iii) the information published on Our Website.

(b) To the maximum extent permitted by law, We do not provide warranties on any product or services offered by Us or otherwise sold by Us.

If an item is defective and is under a product warranty, You should contact the manufacturer or supplier directly and the manufacturer or supplier can assess and provide repair and or replacement.

(d) Nothing in clause 7(c) restricts, modifies or excludes any condition or warranty implied into these T&Cs, or any liability imposed upon Us by the Australian Consumer Law.

 

8. Web chat

(a) All communication engaged in, and information collected through Our web chat services is subject to Our Privacy Policy as amended from time to time.

 

9. External hyperlinks

(a) We are happy for You to hyperlink to Our Website, however We reserve the right to revoke this permission and or deny any person, entity or organisation howsoever defined, permission to link to Our Website.

(b) All hyperlinks to Our Website must point to the full HTML version of Our Website.

(c) At times Our Website may contain hyperlinks to external websites. We are not responsible for and do not endorse any material contained in any external hyperlinked website, nor do We endorse or make any representation about the linked website or the organisations referred to on that website. By accessing those hyperlinked external websites, You must consider the external website’s terms and conditions.

(d) We do not provide any warranty regarding the accuracy or fitness of purpose of any material contained in hyperlinked external websites including but not limited to, demonstrations on the usage of the products that We sell, endorse or recommend.

 

10. Intellectual property

(a) The content of Our Website and any attaching intellectual property rights belongs to Us, or to someone who has given Us permission to use it.

(b) The Baby Mealtimes logo and name is an unregistered trademark and cannot be used without Our prior written consent.

(c) All content on this Website, including but not limited to text, graphics, logos, photographs, audio and video clips and data compilations is the exclusive property of Us or its content suppliers protected by Australian and International copyright laws. The expression of all content on this Website is Our exclusive property and is protected by Australian and International copyright laws.

(d) To avoid doubt, You must seek Our written permission prior to publication of any aspect of Our Website except as provided in clause 9(a).

 

11. General

(a) These T&Cs are subject to the laws of Western Australia and of the Commonwealth of Australia as applicable in Western Australia irrespective of where the product, service or subscription plan is delivered and used.

(b) You agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in the State of Western Australia for any legal proceeding arising in connection with the T&Cs.

(c) If any part of these T&Cs becomes unenforceable, that part is, or will be, severed from the T&Cs so that all the remaining parts remain in full force and effect and are unaffected by that severance.

(d) These T&C comprise the entire agreement between You and Us with respect to the subject matter of these T&Cs.