Terms and conditions

THE BIG TICKET ITEMS

These points are included in the full terms below. We've highlighted the big ticket items here

-- By purchasing Youfoodz products via https://care.youfoodz.com/ you are agreeing to all terms and conditions set out below. –

https://care.youfoodz.com/ is not a subscription service. For a Youfoodz subscription, visit https://www.youfoodz.com/

Orders

Youfoodz is a meal provider based in Australia. You may place an order with us at any time. The minimum order value is $49.99 (excluding delivery fees). Your payment method will be charged in advance for the total order at the time of placing the order.

The delivery time for orders varies by region, and you will be able to select from the delivery times that are available to you prior to confirming your order.

 

CUSTOMISATION

We’re not able to customise individual meals based on preference, dietary requirements, or for any other reasons.

The Nitty Gritty

This page (together with the documents referred to on it) tells the customer (you/your) the terms and conditions (Terms and Conditions) on which Youfoodz (we/our/us/Youfoodz) will supply to you the products (Products) listed on our website www.care.youfoodz.com (Site). Please read these Terms and Conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these Terms and Conditions and any policies stated on the Site. We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and Privacy Policy as amended. We therefore recommend that each time you access the Site you read these Terms and Conditions and Privacy Policy. . Please understand that if you do not wish to accept these Terms and Conditions and our Privacy Policy, you should refrain from ordering any Products from the Site.

  1. INFORMATION ABOUT US

1.1 We operate the Site located at www.care.youfoodz.com. We are YOUFOODZ PTY LTD (ACN 160 909 893) trading as Youfoodz.

  1. SERVICE AVAILABILITY

2.1 The Site is only intended for use by people residing in nominated areas of Australia (Service Areas). We do not accept orders from individuals residing outside those Service Areas. Customers must provide a valid email address and credit card details for all orders accepted on the Site. In exceptional cases, we may accept orders by telephone.

  1. YOUR STATUS

3.1 By placing an order through our site, you warrant that:

3.2 You agree to update us regarding any change in status as a customer with respect to our ability to collect payment for your services. This includes, a) an update or change of Home Care Package Provider; b) an update or change in Commonwealth Home Care Provider; c) an update or change to your NDIS Plan; d) your ability to pay the full or co-contribution.

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After completing the order process on the Site, you will receive an email from us acknowledging that we have received your order (Order). 

4.2 An Order will relate only to the Product(s) 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.

  1. ACCEPTANCE OR REJECTION OF AN ORDER

5.1 We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.

5.2 If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.

5.3 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.

5.4 If we refuse an Order on or prior to delivery for any reason, a full refund, less any discounts, will be made within 14 days.

5.5We reserve the right to terminate your account at our reasonable discretion at any time by providing reasonable notice to you, but without the obligation to give any reasons for our decision.

5.6 We reserve the right at any time to modify or discontinue any Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer or discount for any Product made on this Site shall automatically be voided where prohibited by laws or any appropriate authorities.

  1. CHANGE OF DETAILS

6.1 Changes to address details and/or delivery instructions must be communicated via the methods and by the cut-off dates outlined in these Terms and Conditions.

6.2 We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect or outdated payment information provided by you, we reserve the right to seek reimbursement from you for such expense.

  1. PRICE

7.1 From time to time we may need to revise the price of the Products. For any price variations in relation to the Services, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate your account, or cease to order any Products at the new price. Your continuation to order any Products subsequent to such notice is deemed to be an acceptance of the price change. Prices of Extras and Add Ons are subject to change from time to time, and any such revision to the pricing will be reflected on the relevant webpages of the Site where you make your meal plan selections.

7.2 The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.

7.3 Product prices and delivery charges are inclusive of taxes including GST where applicable.

7.4 Surcharges – The Service includes optional selections of Extras, Add ons and special range Products such as Fuel’d or other new special range of Products that Youfoodz may introduce from time to time, which are Products that may be subject to surcharges or different pricing categories, as set out at the Site when selecting your meal plan. If you opt for any Extra or Add ons in an Order, these surcharges are paid in addition to the price of the Service. All relevant surcharges applying to your selected Products will be specified at the Products selection page and at the checkout page. Youfoodz discounts, promotional offers and vouchers do not apply to Extras or Add Ons, unless specified otherwise.

  1. PAYMENT

8.1 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.

8.2 Orders will be charged to your nominated payment method(s). By nominating or adding an alternative payment method, you expressly consent to Youfoodz charging your alternative payment method in accordance with the terms and conditions set out herein if your primary payment method is no longer available, is declined or cannot be charged, without prior notice to you.

(a) It is your responsibility to ensure your accepted payment method(s) details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.

(b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.

8.3 Storage of Collected Information (a) Youfoodz 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.

(b) All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the NAB, Adyen and PayPal payment gateways for our online payment transactions.

(c) Complete debit/credit card details cannot be viewed by us or any outside party.

8.4 Failed payments (a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.

(b) If we are unable to debit your payment method(s) your Product may still be dispatched, at our sole discretion, and in such event, the sale will be deemed to have occurred.

(c) In such instances Youfoodz will re-attempt the payment process. We reserve the right to re-attempt payment on all nominated payment method(s) to recover any outstanding amounts.

(d) In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.

(e) We reserve the right to suspend or terminate future deliveries when payments are outstanding.

8.5 Extra fees (a) If you fail to settle outstanding amounts within ten days of the order cut-off date a late payment fee may apply.

8.6 Debt collection (a) You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.

(b) If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral, together with any outstanding payment due and owing to us.

8.7 Suspected fraud accounts (a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity has occurred or will occur.

(b) We reserve the right to terminate or suspend your order or accounts following the investigation.

  1. OUR REFUNDS AND CREDIT POLICY

9.1 If you have cancelled an Order in accordance with clause 7.5, we will process any refund due to you within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges.

9.2 Our Products come with guarantees that cannot be excluded under the Australia Consumer Guarantees Act 1993 (the CGA). If you consider that any Products sent to you are damaged, or defective or fail to comply with any guarantees in the CGA, you can notify us and we will examine the received digital or physical evidence of the defective Product and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.

9.3 If you seek a refund for any other reason, you can request a refund by reaching out to us and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund. No refund will be provided to Products which have been opened, used or damaged after delivery or if any attempt has been made to alter the Products.

9.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase, unless otherwise notified to you.

9.5 Please take care when specifying your delivery address as no refund will be provided for any non-delivery of Order to you if you enter an address incorrectly.

9.6 In the event of any non-conforming Products being delivered to you or in cases of non-delivery of an Order, you may inform us by clicking on “Get delivery support” on the Site, select the issues that is relevant to you and follow the instruction provided to report the issue(s). In some instances, you may receive a refund in the form of credit to your account to be used for your future Order(s) following a delivery report issue lodged on the Site. These credits are not valid in conjunction with any offer or discount and cannot be exchanged for cash.

  1. DELIVERY

10.1 We only deliver to addresses within the Delivery Areas (available at https://care.youfoodz.com/pages/faq). Delivery fees and applicable surcharges will be communicated at the point that you place your initial Order.

10.2 During the ordering process, you must select a date and delivery window for us to deliver your order. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil an Order.

10.3 We will aim to deliver during the window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.

10.4 We will deliver the Products to the front door of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.

10.5 We may require the person accepting the delivery of the Products to provide us with proof of that person's identity (including photographic identification) and, where relevant, age.

10.6 Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept any liability or responsibility whatsoever for delivery details which are incorrectly supplied, or which you fail to supply.

10.7 If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.

10.8 You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.

10.9 You acknowledge that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.

  1. VOUCHERS AND GIFT CARDS

11.1 We may offer discount promotions and other types of vouchers (Voucher) which require activation by email application in order for the holder of the Voucher (Holder) to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the Holder when the Holder redeems the Voucher by applying for a Service to commence.

11.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on the Holder’s first Product purchase. Only one Voucher is allowed to be applied per Order. A Voucher is non-refundable, non-exchangeable for cash and may not be used in conjunction with any other offer, credit or gift card. Vouchers are always applied to an order before any credits in your account.

11.3 We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time without any notice to you.

11.4 Vouchers may only be redeemed through the Site and not through any other website or method of communication, unless otherwise specified. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.

11.5 Any credits or discounts attached to Vouchers apply to the price of the Products in an Order only and are not applicable to delivery charges or any meals subject to surcharges (unless otherwise specified).

  1. RISK AND TITLE

12.1 The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.

12.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

13.1 The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits.

13.2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an “as is“ and “as available“ basis and we do not make any representation or warranty of any kind, whether express or implied, including the reliability of the information, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

13.3 You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.

13.4 To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system. We may, from time to time and without notice, change or add on to the Site (including these Terms and Conditions) or the information, Products or Services as prescribed. However, we do not undertake to keep the Site updated. We are not in any way liable to you or any other third party if errors occur in the information of the Site or if the information is outdated.

13.5 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.

13.6 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

13.7 The collection, use and disclosure of your personal information is also subject to our Privacy Policy.

13.8 To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

13.9 To the extent permitted by law:

(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:

(i) In the case of the supply of Products:

(A) replacement or resupply of the Products; or

(B)the cost of replacing or resupplying the Products;

(ii) In the case of the supply of Services:

(A) supplying the relevant Services again; or

(B) the cost of supplying the relevant Services again, and;

(b) in any event, will not exceed the fees paid by you to us under the relevant Order.

13.10 To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.

13.11 Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

13.12 It is the Customer's responsibility to refer to the Nutritional Panel and ingredients of each meal before placing an Order.

  1. IMPORTANT NOTICE ABOUT LINKED WEBSITES

14.1 The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.

14.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.

14.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.

  1. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.

15.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.

15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.

  1. INTELLECTUAL PROPERTY RIGHTS

16.1 We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.

16.2 You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

16.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.

  1. FORCE MAJEURE EVENTS

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any event outside our control (Force Majeure Event).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks;

(f) epidemic, pandemic or other health emergency (whether declared or not); and

(g) the acts, decrees, legislation, regulations or restrictions of any government.

18.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

  1. PRIVACY

19.1 Our Privacy Policy is a separate document available on the Site. We use, collect and disclose personal information about you to facilitate our dealings and for purposes as set out in the Privacy Policy.

19.2 We may use your contact information to send you newsletters from us and from our related companies.

  1. GENERAL

20.1 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.

2021.2 The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.

20.3 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently, negligently or intentionally) that is not set out in these Terms and Conditions.

20.4 Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.

20.5 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.

20.6 These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.

  1. ADD ONS

21.1 We offer a range of Extras and Add-ons. These are available in addition to an order of meals. ALL Extras and Add-on Products are available with any menu preferences.

21.2 Some Extras/ Add-ons may be unavailable in certain Service Areas.