TERMS & CONDITIONS
TERMS & CONDITIONS
TERMS & CONDITIONS
This page sets out the terms and conditions (“Terms”) on which we Feed Trading Pty Ltd (ABN 88 672 813 339) (“we” “us” or “Feed”) provide our services through our app www.feed.com.au and any Feed mobile application through which you access our app or services (together “App”).
Please read these Terms carefully before ordering any products through the App as your use of the App and purchase of any products offered on the App is subject to these Terms. By ordering products via the App (whether now or in the future) or continuing to use the App you agree to be bound by these Terms. If you do not accept these Terms, you should leave the App immediately. In this instance you will not be able to order any products or services through the App.
We reserve the right to change these Terms from time to time by changing them on this page. You will have the opportunity to review any changed Terms by visiting this page. We advise you to print a copy of these Terms for future reference and on each occasion, you procure our services. These Terms are only in the English language.
Use of personal information submitted via the App is governed by our Privacy Policy.
References to “App” in these Terms include any current or future version of our app www.feed.com.au and any Feed mobile application through which you access our app or services in each case whether accessed through any current or future platform or device (including without limitation any mobile app mobile application affiliate app or related app for accessing our app or services that may be developed from time to time).
1. Introduction and Our Role
1.1 Company details: Feed Trading Pty Ltd (ABN 88 672 813 339) is a company registered in New South Wales Australia at Level 3, 14 Martin Place Sydney 2000.
1.2 Service: We provide a way for you to communicate your orders (“Orders”) for products (“Products”) to businesses (“Businesses”) displayed on the App (the “Service”) and arrange for the delivery of those Products to your nominated address.
App Access and Terms
2.1 App access: You may access some areas of the App without making an Order or registering your details with us. Most areas of the App are open to everyone. When you use the App or register an account you may provide us with personal information including your name email address telephone number credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy. If you choose to register an account, you will register an account by registering an email address and password. You are responsible for keeping this email address and password secure and are responsible for all use and activity carried out under the email address.
2.2 Acceptance of terms: By accessing any part of the App you indicate that you accept these Terms. If you do not accept these Terms, you should leave the App immediately and you will not be able to order any Products or obtain any other services from us through the App.
2.3 Revision of terms: We may revise or change these Terms at any time. You should check the App regularly to review the current Terms and ensure that you are aware of and agree to those terms. You will be subject to the terms and conditions in force at the time that you place an Order through our App.
2.4 Responsibility: You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your Internet connection are aware of these Terms and that they comply with them.
Your Status
3.1 Capacity and age: By placing an Order through the App you warrant that:
3.2 You are legally capable of entering into a binding contract with us; and
3.3 You are at least 18 years old.
3.4 In relation to alcohol tobacco products and other items with a legal age restriction (“Age Restricted Items”) you acknowledge and agree that:
3.5 It is an offence for any person under the age of 18 to buy or attempt to buy intoxicating liquor or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
3.6 Tobacco products are not for sale to persons under the age of 18;
3.7 The sale of certain other Age Restricted Items to minors is also prohibited; and
3.8 Orders containing Age Restricted Items cannot be accepted from or on behalf of persons under the age of 18. In the event that you place an order for Age Restricted Items you will be required by the Business to show ID on delivery. For the avoidance of doubt if your Order includes Age Restricted Items the Business is providing you with these and Feed is not selling Age Restricted Items to you. Feed supports the Responsible Service of Alcohol.
How to Make an Order and How It Is Processed
4.1 Compiling your Order: Once you select the Products you wish to order from your chosen business and provide other required information (including shipping information) you will be given the opportunity to submit your Order by clicking or selecting the “proceed” “place my order” “checkout” or button to a similar effect. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.
4.2 Minimum Order Amount: If a Business has a minimum order amount in place you may not place an order with that Business until the value of your Order exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount. Except as otherwise contemplated by an applicable discount or special the minimum order amount is exclusive of any shipping costs.
4.3 Amending or cancelling your Order: Once you submit your Order and your payment has been authorised you will not be entitled to change or cancel your Order online (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order you may contact the Business directly or our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Business in order to communicate your requests. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started to process your Order. In the event that the Business does not agree to cancel or vary your Order, or we are unable to reach the Business you will be liable for the Order as submitted via our App.
4.4 Payment authorisation: Where any payment you make is not authorised, your Order will not be processed by or communicated by us to the relevant Business. In this circumstance we will prompt you to use an alternate payment option.
4.5 Processing your Order and Business rejections: On receipt of your Order, we will process it by sending it to the relevant Business and we will notify you by email that your Order has been received by us and is being processed. Any confirmation page that you may see on the App and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us and does not necessarily mean that your Order has been accepted by the Business. Businesses have the discretion to reject Orders at any time because they are too busy due to weather conditions or for any other reason. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly and we will notify you (generally by email) as soon as reasonably practicable if a Business rejects your Order. When a Business confirms receipt and acceptance of the Order and expected collection or delivery time, we will send you an SMS confirmation (provided that you have given us your mobile telephone number) or other communication confirming your Order has been accepted.
4.6 Delivery of your Order: Estimated times for deliveries and collections are provided by the applicable business and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times or at all. To the extent permitted by law including the Australian Consumer Law Feed accepts no liability associated with the Products contained within an Order or delivery of Products by the Business accepting the Order. To be clear these are the responsibility of the relevant Business that fulfils your Order not Feed.
Price and Payment
5.1 Taxes and additional costs: Prices will be as quoted on the App in Australian dollars. These prices include any applicable taxes but may exclude additional fees such as delivery costs (if you opt for delivery instead of pickup) any online payment administration charge imposed by the Business (if you pay for your Order online) or a service fee. These will be added to the total amount due where applicable. Where the Business that you place your Order with provides its own delivery service the Business may charge you a delivery fee and/or a service charge. Where the Business that you place your Order with receives delivery services provided by us we may charge you a delivery fee and/or service charge ourselves. The delivery fee and service charge applying to your Order may vary depending on a number of factors including your location the Business you select and the value of the items in your Order but these costs will always be shown to you before you complete and pay for your Order.
5.2. Incorrect pricing: This App contains a large number of items and it is possible that some of the items may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the App.
5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the App or in cash to the Business at the point of delivery to you.
5.4. Card payments: If you pay by credit or debit card you may be required to show the card to the Business at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the App and endorsed by Feed and you pay for any balance by credit or debit card. Please refer to our [Voucher Terms & Conditions] for the full terms and conditions applicable to the use of credit and discount vouchers. We may impose conditions on the use of credits discounts promotional vouchers or codes from time to time. These conditions will be contained on the relevant item.
5.6. Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card and the Business accepts your Order your payment will be authorised, and you will be charged the full amount of your Order. If your Order is subsequently cancelled or required to be varied by the Business (as described in paragraph 4.4 above) or cancelled for any other reason your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Business will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. Customer Care
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11 our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by emailing us. Alternatively, you can access the list of frequently asked questions.
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order in the first instance you should contact the Business directly. Alternatively you can contact our Customer Care Team as described above and one of our Customer Care team members will attempt to contact the Business to follow up on your query or otherwise assist you with your Order.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted accepted and payment has been authorised you may contact our Customer Care team as described above and they will attempt to contact the Business to communicate your requests. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started to process your Order. In the event that the Business does not agree to cancel or vary your Order or we are unable to reach the Business you will be liable for the Order as submitted via our App.
6.4. Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products or the service provided by a Business please consider providing feedback in the form of ratings comments and reviews on the App (together “Reviews”). The Reviews are an important part of our quality control process.
6.5. Not satisfied with Products: If you are dissatisfied with the quality of any Products or the service provided by a Business and wish to seek a refund a proportionate price reduction or any other compensation you should contact the Business directly to lodge your complaint and where appropriate follow the Business’s own complaint procedures. If you are unable to contact the Business or the Business refuses to deal with your complaint you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care team members will attempt to contact the Business in order to request compensation on your behalf. Please note that we have no control over Businesses and the quality of the individual Products or service that they provide and we are not able to provide and have no responsibility or liability for providing any compensation to you on behalf of any Business.
7. Licence
7.1. Terms of permitted use: You are permitted to use the App and print and download extracts from the App for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse the App (including by hacking or “scraping”).
7.1.2. Unless otherwise stated the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors and in that case licensed to us for use on our App. These works are protected by applicable laws and treaties around the world and all rights are reserved. For the purposes of these Terms any use of extracts from the App other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures photographs or any other graphics video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the App is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the App or the App itself for commercial purposes without obtaining a licence from us to do so or from those persons that licence the relevant material to us.
7.2. Limitation on use: Except as stated in paragraph 7.1 the App may not be used and no part of the App may be reproduced or stored in any other app or included in any public or private electronic retrieval system or service without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Terms are reserved.
Service Access
8.1 App availability: While we try to ensure the App is normally available twenty-four (24) hours a day we do not undertake any obligation to do so and we will not be liable to you if the App is unavailable at any time or for any period. In the event that the App is not available and you require immediate products similar to the Products you are encouraged to utilise alternate means of acquiring those products.
8.2 Suspension of access: Access to the App may be suspended temporarily at any time and without notice for any reason.
8.3 Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information we cannot guarantee the security of your data transmitted to the App including personal information; and any transmission is at your own risk.
Visitor Material and Reviews
9.1. General
9.1.1. Other than personally identifiable information or personal information (for the purposes of the Privacy Act 1988 (Cth) which is covered under our [Privacy Policy] any material you post upload or transmit or upload to the App (including without limitation Reviews) (“Visitor Material”) will be considered non-confidential and non-proprietary. By posting uploading or transmitting any Visitor Material you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material and that we and anyone we designate will be free to sell transfer copy track disclose distribute incorporate and otherwise use any Visitor Material and all data images sounds text and other things embodied in it for any and all commercial or non-commercial purposes.
9.1.2. You represent and warrant that any Visitor Material you post upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting uploading or transmitting to or from the App any Visitor Material (including any Reviews) that:
9.2.1. Breaches any applicable local national or international law;
9.2.2. Is unlawful or fraudulent;
9.2.3. Amounts to unauthorised advertising; or
9.2.4. Contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation) any Reviews that you submit through the App must not:
9.3.1. Contain any defamatory obscene or offensive material;
9.3.2. Promote violence or discrimination;
9.3.3. Infringe the intellectual property rights of another person;
9.3.4. Breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. Promote illegal activity or invade another’s privacy;
9.3.6. Give the impression that they originate from us; or
9.3.7. Be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake except as required by law any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted uploaded or transmitted to the App that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above is otherwise objectionable or may expose us or any third parties to any harm or liability of any type or for any other reason. Notwithstanding the foregoing Feed will not remove or edit reviews where Feed believes that doing so would be in breach of the Australian Consumer Law.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the App are for information purposes only and do not constitute advice from us and are not endorsed by us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the App or other third parties and any statements advice or opinions provided by such persons are theirs only. Accordingly to the fullest extent permitted by law including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other Visitor Material including without limitation any mistakes defamation obscenity omissions or misrepresentations that you may encounter in any such materials.
9.6. Liability: You agree to indemnify us against any losses damages and claims (and all related costs) incurred by or made against us by a Business or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties agreements or restrictions set forth in this paragraph 9. You acknowledge that this indemnity is reasonable in extent and scope noting that you will be in a position to identify the significance of material uploaded by you to our App and our oversight of such material may be limited.
9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure. You acknowledge that we will not inform you prior to disclosing such information including information that pertains to you to any competent authority.
Links to and From Other Apps
10.1. Third party apps: Links to third party apps on the App are provided solely for your convenience. If you use these links you leave our App. We have not reviewed and do not control any of these third-party apps (and are not responsible for these apps or their content or availability). We do not endorse or make any representation about these apps their content or the results from using such apps or content. If you decide to access any of the third-party apps linked to the App you do so entirely at your own risk.
10.2. Linking permission: You may link any personal or commercial app to the App’s homepage (www.feed.com.au) provided that:
10.2.1. You do so in a fair and legal way which does not damage or take advantage of our reputation;
10.2.2. You do not establish a link from an app that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3. Any app from which you link must comply with the content standards set out in these Terms (in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4. We have the right to withdraw linking permission at any time and for any reason and you must immediately remove any link where we have withdrawn our permission.
11. Disclaimers
11.1. App information: We may make changes to the material on the App or to the Service Products and prices described on it at any time without notice.
11.2 Specials listed on the App are subject to change from time to time. Businesses may alter their specials at any time including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Business are non-transferrable and are not redeemable for cash.**
11.3. Allergy dietary and other Product information: When a Business signs up with us they have to provide us with up-to-date Product information. We then include this on their dedicated page on the App. Where this information includes allergy or other dietary information we will do our best to republish this information on the app or app exactly as it has been provided to us by the Business. However, it is the Business that is responsible for providing this Product information and ensuring that it is factually accurate and up-to-date and we do not undertake any such responsibility. If you are in doubt about allergy warnings contents of a Product or any other Product information you should confirm with the Business directly before ordering. Some of the pictures shown are indicative of the style of cuisine or Product only and may not be an actual photo of the Product from the Business or how the Product will be provided to you.
11.4. Business actions and omissions: The legal contract for the supply and purchase of Products is between you and the Business that you place your Order with. We have no control over the actions or omissions of any Businesses. Without limiting the generality of the foregoing you acknowledge and accept the following by using the App:
11.4.1. We do not give any undertaking that the Products ordered from any Business through the App will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.4.2. Estimated times for deliveries and collections are provided by the Businesses and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times or at all.
11.4.3. Businesses have the discretion to reject Orders at any time because they are too busy due to weather conditions or for any other reason. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly and we will notify you (generally by email) as soon as reasonably practicable if a Business rejects your Order.
11.4.4. The foregoing disclaimers do not affect your statutory rights against any Business.
11.5. **Exclusion of terms:** We provide you with access to the App and Service on the basis that to the maximum extent permitted by law including the Australian Consumer Law we exclude all representations warranties conditions undertakings and other terms in relation to the App and Service (including any representations warranties conditions undertakings and other terms which might otherwise apply to the App or Service or be otherwise implied or incorporated into these Terms by statute common law or otherwise).
12. Liability
12.1. General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law including the Australian Consumer Law. Nothing in these Terms affects your statutory rights including right relating to the consumer guarantees applicable to the supply of services under these Terms which apply as against the relevant Business.
12.2. Exclusion of liability: Subject to clause 12.1 and your statutory rights under the Australian Consumer Law more generally we will under no circumstances be liable to you whether in contract tort (including negligence) breach of statutory duty or otherwise even if foreseeable arising under or in connection with the Service or the App (including the use inability to use or the results of use of the Service or the App) for:
12.2.1. Any loss of profits sales business or revenue;
12.2.2. Loss or corruption of data information or software (including where arising from or via our App);
12.2.3. Loss of business opportunity;
12.2.4. Loss of anticipated savings;
12.2.5. Loss of goodwill; or
12.2.6. Any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
12.3. Limitation of liability: Subject to clauses 11 12.1 and 12.2 and your statutory rights under the Australian Consumer Law more generally our total liability to you in respect of all other losses arising under or in connection with the Service or the App whether in contract tort (including negligence) breach of statutory duty or otherwise shall in no circumstances exceed twice the value of your Order or $100 whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App including without limitation costs relating to the servicing repair or adaptation of any equipment software or data that you may own lease license or otherwise use.
12.5 Indemnity: You agree to indemnify and hold Feed and applicable affiliates officers directors agents and employees harmless from and against any claims demands proceedings losses and damages (actual special and consequential) of every kind and nature known and unknown including legal fees on the indemnity basis made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference or your violation of any law or the rights of a third party.
13. Termination
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the App and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. You have used the App in breach of paragraph 7.1 (Licence);
13.1.2. You have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. You have breached paragraph 10.2 (Links to and from other apps); or
13.1.4. You have breached any other material terms of these Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the App.
14. Written Communications
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the App or ordering Products via the App you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts notices information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Events Outside Our Control
15.1. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2. A Force Majeure Event includes any act event non-occurrence omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. Strikes lockouts or other industrial action;
15.2.2. Civil commotion riot invasion terrorist attack or threat of terrorist attack war (whether declared or not) or threat or preparation for war;
15.2.3. Fire explosion storm flood earthquake subsidence epidemic or other natural disaster;
15.2.4. Impossibility of the use of railways shipping aircraft motor transport or other means of public or private transport;
15.2.5. Impossibility of the use of public or private telecommunications networks; and
15.2.6. The acts decrees legislation regulations or restrictions of any government.
15.3. Our performance under these Terms is deemed to be suspended for the period that any 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 any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
16. Additional Terms
16.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our [Privacy Policy]. You should review our Privacy Policy which is incorporated into these Terms by this reference.
16.2. Other terms: You should also review our Voucher Terms & Conditions for information regarding the use of credits and promotional discounts on the App and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Terms by this reference.
16.3. Severability: If any of these Terms are determined by any competent authority to be invalid unlawful or unenforceable to any extent such term condition or provision will to that extent be severed from the remaining terms conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These Terms and any document expressly referred to in them including any Order placed by you from time to time constitute the whole agreement between you and us and supersede all previous discussions correspondence negotiations previous arrangement understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with purchase or are sold to.
16.7. Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
17. Governing Law and Jurisdiction
17.1. These Terms shall be governed by and construed in accordance with the law applying in New South Wales. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales and competent courts of appeal from those courts.
FEED VOUCHER TERMS & CONDITIONS
General
The following general terms and conditions (the “General Voucher Terms”) will apply to all vouchers or coupons issued by Feed or purchased from Feed from time to time for use on the App or the App including vouchers purchased as part of a package or bundle (each individual voucher whether part of a bundle or not “Vouchers”).
Individual Vouchers will also be subject to and the General Voucher Terms will be supplemented and/or modified by additional terms and conditions (the “Specific Voucher Terms”) that will be specified on or with the Voucher or at the time the Voucher is issued or purchased.
Vouchers may only be redeemed towards online Orders from Businesses made through the App. The code provided with the Voucher is to be entered at the end of the checkout process. The final amount owing after a Voucher has been applied will be shown at the top of the credit card entry page and any remaining balance must be paid by credit or debit card.
Vouchers may be issued freely by Feed or purchased from a verified Feed account from time to time and are subject to a maximum purchase limit of $200 per day per verified Feed account. A verified Feed account is an account with at least one completed order older than 24 hours.
Subject to the Australian Consumer Law Vouchers purchased through Feed cannot be exchanged or refunded or used in combination with other Vouchers and are valid for such period specified at the time of issue of the Voucher. Feed reserves the right to cancel any voucher any time without notice for any reason. To the extent required by law including the Australian Consumer Law Feed will provide a remedy if it cancels a Voucher.
Vouchers are not available for redemption at Businesses that display “Vouchers Not Accepted” and may be valid at other Businesses only under certain conditions (for example first time Feed customers). One gift voucher cannot be used for more than one order and
the full amount must be used in one transaction (no change will be given). Limitations relating to Age Restricted Items apply. Feed reserves the right to charge the value of the voucher to your allotted credit card if we determine that the voucher was redeemed contrary to the terms of use.
The right to use a Voucher is personal to the intended recipient and may not be transferred. No Voucher may be copied reproduced distributed or published directly or indirectly in any form or by any means for use by an entity other than the original recipient or stored in a data retrieval system without our prior written permission. In particular Vouchers distributed or circulated without our written approval for example on an Internet message board or on a “bargains” website are not valid for use and may be refused or cancelled.
Unless otherwise provided or specified in the Specific Voucher Terms:
Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;
Each Voucher will be valid for use by a recipient only once;
Each customer or household is limited to one Voucher per promotion or offer; and
The right to use a Voucher is personal to the original recipient and may not be transferred.
When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms lawfully legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms unlawfully illegally or in bad faith we may reject or cancel the Voucher and if the Order is processed with the Voucher you will be liable to reimburse us or the Business for the amount unpaid.
Vouchers may not be exchanged for cash.
To the extent permitted by law including the Australian Consumer Law we shall not be liable to any customer or household for any loss or claim arising out of the refusal rejection cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher.
To the extent permitted by law including the Australian Consumer Law we reserve the right at any time and in our sole discretion to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
All standard terms and conditions from time to time for use of the App and the Service apply in relation to Vouchers issued by us.
These terms & conditions were last updated on 15 July 2024.
This page sets out the terms and conditions (“Terms”) on which we Feed Trading Pty Ltd (ABN 88 672 813 339) (“we” “us” or “Feed”) provide our services through our app www.feed.com.au and any Feed mobile application through which you access our app or services (together “App”).
Please read these Terms carefully before ordering any products through the App as your use of the App and purchase of any products offered on the App is subject to these Terms. By ordering products via the App (whether now or in the future) or continuing to use the App you agree to be bound by these Terms. If you do not accept these Terms, you should leave the App immediately. In this instance you will not be able to order any products or services through the App.
We reserve the right to change these Terms from time to time by changing them on this page. You will have the opportunity to review any changed Terms by visiting this page. We advise you to print a copy of these Terms for future reference and on each occasion, you procure our services. These Terms are only in the English language.
Use of personal information submitted via the App is governed by our Privacy Policy.
References to “App” in these Terms include any current or future version of our app www.feed.com.au and any Feed mobile application through which you access our app or services in each case whether accessed through any current or future platform or device (including without limitation any mobile app mobile application affiliate app or related app for accessing our app or services that may be developed from time to time).
1. Introduction and Our Role
1.1 Company details: Feed Trading Pty Ltd (ABN 88 672 813 339) is a company registered in New South Wales Australia at Level 3, 14 Martin Place Sydney 2000.
1.2 Service: We provide a way for you to communicate your orders (“Orders”) for products (“Products”) to businesses (“Businesses”) displayed on the App (the “Service”) and arrange for the delivery of those Products to your nominated address.
App Access and Terms
2.1 App access: You may access some areas of the App without making an Order or registering your details with us. Most areas of the App are open to everyone. When you use the App or register an account you may provide us with personal information including your name email address telephone number credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy. If you choose to register an account, you will register an account by registering an email address and password. You are responsible for keeping this email address and password secure and are responsible for all use and activity carried out under the email address.
2.2 Acceptance of terms: By accessing any part of the App you indicate that you accept these Terms. If you do not accept these Terms, you should leave the App immediately and you will not be able to order any Products or obtain any other services from us through the App.
2.3 Revision of terms: We may revise or change these Terms at any time. You should check the App regularly to review the current Terms and ensure that you are aware of and agree to those terms. You will be subject to the terms and conditions in force at the time that you place an Order through our App.
2.4 Responsibility: You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your Internet connection are aware of these Terms and that they comply with them.
Your Status
3.1 Capacity and age: By placing an Order through the App you warrant that:
3.2 You are legally capable of entering into a binding contract with us; and
3.3 You are at least 18 years old.
3.4 In relation to alcohol tobacco products and other items with a legal age restriction (“Age Restricted Items”) you acknowledge and agree that:
3.5 It is an offence for any person under the age of 18 to buy or attempt to buy intoxicating liquor or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
3.6 Tobacco products are not for sale to persons under the age of 18;
3.7 The sale of certain other Age Restricted Items to minors is also prohibited; and
3.8 Orders containing Age Restricted Items cannot be accepted from or on behalf of persons under the age of 18. In the event that you place an order for Age Restricted Items you will be required by the Business to show ID on delivery. For the avoidance of doubt if your Order includes Age Restricted Items the Business is providing you with these and Feed is not selling Age Restricted Items to you. Feed supports the Responsible Service of Alcohol.
How to Make an Order and How It Is Processed
4.1 Compiling your Order: Once you select the Products you wish to order from your chosen business and provide other required information (including shipping information) you will be given the opportunity to submit your Order by clicking or selecting the “proceed” “place my order” “checkout” or button to a similar effect. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.
4.2 Minimum Order Amount: If a Business has a minimum order amount in place you may not place an order with that Business until the value of your Order exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount. Except as otherwise contemplated by an applicable discount or special the minimum order amount is exclusive of any shipping costs.
4.3 Amending or cancelling your Order: Once you submit your Order and your payment has been authorised you will not be entitled to change or cancel your Order online (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order you may contact the Business directly or our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Business in order to communicate your requests. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started to process your Order. In the event that the Business does not agree to cancel or vary your Order, or we are unable to reach the Business you will be liable for the Order as submitted via our App.
4.4 Payment authorisation: Where any payment you make is not authorised, your Order will not be processed by or communicated by us to the relevant Business. In this circumstance we will prompt you to use an alternate payment option.
4.5 Processing your Order and Business rejections: On receipt of your Order, we will process it by sending it to the relevant Business and we will notify you by email that your Order has been received by us and is being processed. Any confirmation page that you may see on the App and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us and does not necessarily mean that your Order has been accepted by the Business. Businesses have the discretion to reject Orders at any time because they are too busy due to weather conditions or for any other reason. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly and we will notify you (generally by email) as soon as reasonably practicable if a Business rejects your Order. When a Business confirms receipt and acceptance of the Order and expected collection or delivery time, we will send you an SMS confirmation (provided that you have given us your mobile telephone number) or other communication confirming your Order has been accepted.
4.6 Delivery of your Order: Estimated times for deliveries and collections are provided by the applicable business and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times or at all. To the extent permitted by law including the Australian Consumer Law Feed accepts no liability associated with the Products contained within an Order or delivery of Products by the Business accepting the Order. To be clear these are the responsibility of the relevant Business that fulfils your Order not Feed.
Price and Payment
5.1 Taxes and additional costs: Prices will be as quoted on the App in Australian dollars. These prices include any applicable taxes but may exclude additional fees such as delivery costs (if you opt for delivery instead of pickup) any online payment administration charge imposed by the Business (if you pay for your Order online) or a service fee. These will be added to the total amount due where applicable. Where the Business that you place your Order with provides its own delivery service the Business may charge you a delivery fee and/or a service charge. Where the Business that you place your Order with receives delivery services provided by us we may charge you a delivery fee and/or service charge ourselves. The delivery fee and service charge applying to your Order may vary depending on a number of factors including your location the Business you select and the value of the items in your Order but these costs will always be shown to you before you complete and pay for your Order.
5.2. Incorrect pricing: This App contains a large number of items and it is possible that some of the items may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the App.
5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the App or in cash to the Business at the point of delivery to you.
5.4. Card payments: If you pay by credit or debit card you may be required to show the card to the Business at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the App and endorsed by Feed and you pay for any balance by credit or debit card. Please refer to our [Voucher Terms & Conditions] for the full terms and conditions applicable to the use of credit and discount vouchers. We may impose conditions on the use of credits discounts promotional vouchers or codes from time to time. These conditions will be contained on the relevant item.
5.6. Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card and the Business accepts your Order your payment will be authorised, and you will be charged the full amount of your Order. If your Order is subsequently cancelled or required to be varied by the Business (as described in paragraph 4.4 above) or cancelled for any other reason your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Business will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. Customer Care
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11 our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by emailing us. Alternatively, you can access the list of frequently asked questions.
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order in the first instance you should contact the Business directly. Alternatively you can contact our Customer Care Team as described above and one of our Customer Care team members will attempt to contact the Business to follow up on your query or otherwise assist you with your Order.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted accepted and payment has been authorised you may contact our Customer Care team as described above and they will attempt to contact the Business to communicate your requests. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started to process your Order. In the event that the Business does not agree to cancel or vary your Order or we are unable to reach the Business you will be liable for the Order as submitted via our App.
6.4. Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products or the service provided by a Business please consider providing feedback in the form of ratings comments and reviews on the App (together “Reviews”). The Reviews are an important part of our quality control process.
6.5. Not satisfied with Products: If you are dissatisfied with the quality of any Products or the service provided by a Business and wish to seek a refund a proportionate price reduction or any other compensation you should contact the Business directly to lodge your complaint and where appropriate follow the Business’s own complaint procedures. If you are unable to contact the Business or the Business refuses to deal with your complaint you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care team members will attempt to contact the Business in order to request compensation on your behalf. Please note that we have no control over Businesses and the quality of the individual Products or service that they provide and we are not able to provide and have no responsibility or liability for providing any compensation to you on behalf of any Business.
7. Licence
7.1. Terms of permitted use: You are permitted to use the App and print and download extracts from the App for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse the App (including by hacking or “scraping”).
7.1.2. Unless otherwise stated the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors and in that case licensed to us for use on our App. These works are protected by applicable laws and treaties around the world and all rights are reserved. For the purposes of these Terms any use of extracts from the App other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures photographs or any other graphics video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the App is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the App or the App itself for commercial purposes without obtaining a licence from us to do so or from those persons that licence the relevant material to us.
7.2. Limitation on use: Except as stated in paragraph 7.1 the App may not be used and no part of the App may be reproduced or stored in any other app or included in any public or private electronic retrieval system or service without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Terms are reserved.
Service Access
8.1 App availability: While we try to ensure the App is normally available twenty-four (24) hours a day we do not undertake any obligation to do so and we will not be liable to you if the App is unavailable at any time or for any period. In the event that the App is not available and you require immediate products similar to the Products you are encouraged to utilise alternate means of acquiring those products.
8.2 Suspension of access: Access to the App may be suspended temporarily at any time and without notice for any reason.
8.3 Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information we cannot guarantee the security of your data transmitted to the App including personal information; and any transmission is at your own risk.
Visitor Material and Reviews
9.1. General
9.1.1. Other than personally identifiable information or personal information (for the purposes of the Privacy Act 1988 (Cth) which is covered under our [Privacy Policy] any material you post upload or transmit or upload to the App (including without limitation Reviews) (“Visitor Material”) will be considered non-confidential and non-proprietary. By posting uploading or transmitting any Visitor Material you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material and that we and anyone we designate will be free to sell transfer copy track disclose distribute incorporate and otherwise use any Visitor Material and all data images sounds text and other things embodied in it for any and all commercial or non-commercial purposes.
9.1.2. You represent and warrant that any Visitor Material you post upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting uploading or transmitting to or from the App any Visitor Material (including any Reviews) that:
9.2.1. Breaches any applicable local national or international law;
9.2.2. Is unlawful or fraudulent;
9.2.3. Amounts to unauthorised advertising; or
9.2.4. Contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation) any Reviews that you submit through the App must not:
9.3.1. Contain any defamatory obscene or offensive material;
9.3.2. Promote violence or discrimination;
9.3.3. Infringe the intellectual property rights of another person;
9.3.4. Breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. Promote illegal activity or invade another’s privacy;
9.3.6. Give the impression that they originate from us; or
9.3.7. Be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake except as required by law any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted uploaded or transmitted to the App that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above is otherwise objectionable or may expose us or any third parties to any harm or liability of any type or for any other reason. Notwithstanding the foregoing Feed will not remove or edit reviews where Feed believes that doing so would be in breach of the Australian Consumer Law.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the App are for information purposes only and do not constitute advice from us and are not endorsed by us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the App or other third parties and any statements advice or opinions provided by such persons are theirs only. Accordingly to the fullest extent permitted by law including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other Visitor Material including without limitation any mistakes defamation obscenity omissions or misrepresentations that you may encounter in any such materials.
9.6. Liability: You agree to indemnify us against any losses damages and claims (and all related costs) incurred by or made against us by a Business or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties agreements or restrictions set forth in this paragraph 9. You acknowledge that this indemnity is reasonable in extent and scope noting that you will be in a position to identify the significance of material uploaded by you to our App and our oversight of such material may be limited.
9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure. You acknowledge that we will not inform you prior to disclosing such information including information that pertains to you to any competent authority.
Links to and From Other Apps
10.1. Third party apps: Links to third party apps on the App are provided solely for your convenience. If you use these links you leave our App. We have not reviewed and do not control any of these third-party apps (and are not responsible for these apps or their content or availability). We do not endorse or make any representation about these apps their content or the results from using such apps or content. If you decide to access any of the third-party apps linked to the App you do so entirely at your own risk.
10.2. Linking permission: You may link any personal or commercial app to the App’s homepage (www.feed.com.au) provided that:
10.2.1. You do so in a fair and legal way which does not damage or take advantage of our reputation;
10.2.2. You do not establish a link from an app that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3. Any app from which you link must comply with the content standards set out in these Terms (in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4. We have the right to withdraw linking permission at any time and for any reason and you must immediately remove any link where we have withdrawn our permission.
11. Disclaimers
11.1. App information: We may make changes to the material on the App or to the Service Products and prices described on it at any time without notice.
11.2 Specials listed on the App are subject to change from time to time. Businesses may alter their specials at any time including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Business are non-transferrable and are not redeemable for cash.**
11.3. Allergy dietary and other Product information: When a Business signs up with us they have to provide us with up-to-date Product information. We then include this on their dedicated page on the App. Where this information includes allergy or other dietary information we will do our best to republish this information on the app or app exactly as it has been provided to us by the Business. However, it is the Business that is responsible for providing this Product information and ensuring that it is factually accurate and up-to-date and we do not undertake any such responsibility. If you are in doubt about allergy warnings contents of a Product or any other Product information you should confirm with the Business directly before ordering. Some of the pictures shown are indicative of the style of cuisine or Product only and may not be an actual photo of the Product from the Business or how the Product will be provided to you.
11.4. Business actions and omissions: The legal contract for the supply and purchase of Products is between you and the Business that you place your Order with. We have no control over the actions or omissions of any Businesses. Without limiting the generality of the foregoing you acknowledge and accept the following by using the App:
11.4.1. We do not give any undertaking that the Products ordered from any Business through the App will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.4.2. Estimated times for deliveries and collections are provided by the Businesses and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times or at all.
11.4.3. Businesses have the discretion to reject Orders at any time because they are too busy due to weather conditions or for any other reason. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly and we will notify you (generally by email) as soon as reasonably practicable if a Business rejects your Order.
11.4.4. The foregoing disclaimers do not affect your statutory rights against any Business.
11.5. **Exclusion of terms:** We provide you with access to the App and Service on the basis that to the maximum extent permitted by law including the Australian Consumer Law we exclude all representations warranties conditions undertakings and other terms in relation to the App and Service (including any representations warranties conditions undertakings and other terms which might otherwise apply to the App or Service or be otherwise implied or incorporated into these Terms by statute common law or otherwise).
12. Liability
12.1. General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law including the Australian Consumer Law. Nothing in these Terms affects your statutory rights including right relating to the consumer guarantees applicable to the supply of services under these Terms which apply as against the relevant Business.
12.2. Exclusion of liability: Subject to clause 12.1 and your statutory rights under the Australian Consumer Law more generally we will under no circumstances be liable to you whether in contract tort (including negligence) breach of statutory duty or otherwise even if foreseeable arising under or in connection with the Service or the App (including the use inability to use or the results of use of the Service or the App) for:
12.2.1. Any loss of profits sales business or revenue;
12.2.2. Loss or corruption of data information or software (including where arising from or via our App);
12.2.3. Loss of business opportunity;
12.2.4. Loss of anticipated savings;
12.2.5. Loss of goodwill; or
12.2.6. Any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
12.3. Limitation of liability: Subject to clauses 11 12.1 and 12.2 and your statutory rights under the Australian Consumer Law more generally our total liability to you in respect of all other losses arising under or in connection with the Service or the App whether in contract tort (including negligence) breach of statutory duty or otherwise shall in no circumstances exceed twice the value of your Order or $100 whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App including without limitation costs relating to the servicing repair or adaptation of any equipment software or data that you may own lease license or otherwise use.
12.5 Indemnity: You agree to indemnify and hold Feed and applicable affiliates officers directors agents and employees harmless from and against any claims demands proceedings losses and damages (actual special and consequential) of every kind and nature known and unknown including legal fees on the indemnity basis made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference or your violation of any law or the rights of a third party.
13. Termination
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the App and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. You have used the App in breach of paragraph 7.1 (Licence);
13.1.2. You have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. You have breached paragraph 10.2 (Links to and from other apps); or
13.1.4. You have breached any other material terms of these Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the App.
14. Written Communications
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the App or ordering Products via the App you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts notices information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Events Outside Our Control
15.1. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2. A Force Majeure Event includes any act event non-occurrence omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. Strikes lockouts or other industrial action;
15.2.2. Civil commotion riot invasion terrorist attack or threat of terrorist attack war (whether declared or not) or threat or preparation for war;
15.2.3. Fire explosion storm flood earthquake subsidence epidemic or other natural disaster;
15.2.4. Impossibility of the use of railways shipping aircraft motor transport or other means of public or private transport;
15.2.5. Impossibility of the use of public or private telecommunications networks; and
15.2.6. The acts decrees legislation regulations or restrictions of any government.
15.3. Our performance under these Terms is deemed to be suspended for the period that any 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 any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
16. Additional Terms
16.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our [Privacy Policy]. You should review our Privacy Policy which is incorporated into these Terms by this reference.
16.2. Other terms: You should also review our Voucher Terms & Conditions for information regarding the use of credits and promotional discounts on the App and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Terms by this reference.
16.3. Severability: If any of these Terms are determined by any competent authority to be invalid unlawful or unenforceable to any extent such term condition or provision will to that extent be severed from the remaining terms conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These Terms and any document expressly referred to in them including any Order placed by you from time to time constitute the whole agreement between you and us and supersede all previous discussions correspondence negotiations previous arrangement understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with purchase or are sold to.
16.7. Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
17. Governing Law and Jurisdiction
17.1. These Terms shall be governed by and construed in accordance with the law applying in New South Wales. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales and competent courts of appeal from those courts.
FEED VOUCHER TERMS & CONDITIONS
General
The following general terms and conditions (the “General Voucher Terms”) will apply to all vouchers or coupons issued by Feed or purchased from Feed from time to time for use on the App or the App including vouchers purchased as part of a package or bundle (each individual voucher whether part of a bundle or not “Vouchers”).
Individual Vouchers will also be subject to and the General Voucher Terms will be supplemented and/or modified by additional terms and conditions (the “Specific Voucher Terms”) that will be specified on or with the Voucher or at the time the Voucher is issued or purchased.
Vouchers may only be redeemed towards online Orders from Businesses made through the App. The code provided with the Voucher is to be entered at the end of the checkout process. The final amount owing after a Voucher has been applied will be shown at the top of the credit card entry page and any remaining balance must be paid by credit or debit card.
Vouchers may be issued freely by Feed or purchased from a verified Feed account from time to time and are subject to a maximum purchase limit of $200 per day per verified Feed account. A verified Feed account is an account with at least one completed order older than 24 hours.
Subject to the Australian Consumer Law Vouchers purchased through Feed cannot be exchanged or refunded or used in combination with other Vouchers and are valid for such period specified at the time of issue of the Voucher. Feed reserves the right to cancel any voucher any time without notice for any reason. To the extent required by law including the Australian Consumer Law Feed will provide a remedy if it cancels a Voucher.
Vouchers are not available for redemption at Businesses that display “Vouchers Not Accepted” and may be valid at other Businesses only under certain conditions (for example first time Feed customers). One gift voucher cannot be used for more than one order and
the full amount must be used in one transaction (no change will be given). Limitations relating to Age Restricted Items apply. Feed reserves the right to charge the value of the voucher to your allotted credit card if we determine that the voucher was redeemed contrary to the terms of use.
The right to use a Voucher is personal to the intended recipient and may not be transferred. No Voucher may be copied reproduced distributed or published directly or indirectly in any form or by any means for use by an entity other than the original recipient or stored in a data retrieval system without our prior written permission. In particular Vouchers distributed or circulated without our written approval for example on an Internet message board or on a “bargains” website are not valid for use and may be refused or cancelled.
Unless otherwise provided or specified in the Specific Voucher Terms:
Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;
Each Voucher will be valid for use by a recipient only once;
Each customer or household is limited to one Voucher per promotion or offer; and
The right to use a Voucher is personal to the original recipient and may not be transferred.
When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms lawfully legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms unlawfully illegally or in bad faith we may reject or cancel the Voucher and if the Order is processed with the Voucher you will be liable to reimburse us or the Business for the amount unpaid.
Vouchers may not be exchanged for cash.
To the extent permitted by law including the Australian Consumer Law we shall not be liable to any customer or household for any loss or claim arising out of the refusal rejection cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher.
To the extent permitted by law including the Australian Consumer Law we reserve the right at any time and in our sole discretion to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
All standard terms and conditions from time to time for use of the App and the Service apply in relation to Vouchers issued by us.
These terms & conditions were last updated on 15 July 2024.