Terms and Conditions

TERMS OF USE & SALE OF GOODS

1.      Who We Are and How to Contact Us

2.      By Using our Site You Accept These Terms

3.      We May Make Changes to These Terms

4.      We May make Changes to Our Site

5.      We May Suspend or Withdraw Our Site

6.      Eligibility to Use Our Site

7.      You Must Keep Your Account Details Safe

8.      How You May Use Material on Our Site

9.      Product & Allergens

10.        We Are Not Responsible for Websites We Link To

11.        User Generated Content

12.        Content Standards

13.        Refund Policy

14.        Limitation of Liability

15.        Indemnity

16.        We are Not Responsible for Viruses

17.        Rules about Linking to Our Site

18.        Law of Queensland, Australia Law Applies

19.        Our Trade Marks are Registered

20.        Prohibited Uses

21.        Online Purchases

22.        Affiliates

23.        Third Party Branding

24.        Products Not for Re Sale

1.         Who We Are and How to Contact Us

The domain address www.shop.snapfresh.com.au is a website (“Site”) operated by Snap Fresh Pty Limited ABN 55 092 536 475 of Level 7, 17-19 Victoria Avenue Broadbeach in the State of Queensland (“we”, “us” and “our”).  We can be contacted at on our customer service line on 1300 103 451.

2.         By Using our Site You Accept These Terms

By using our Site, you confirm that you acknowledge and accept these terms of use which incorporate our privacy policy and that you agree to comply with them.  If you do not agree to these terms, you must not use our Site.

3.         We May Make Changes to These Terms

We amend these terms from time to time.  Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. 

These terms of use were most recently updated on 2 July 2020.

4.         We May make Changes to Our Site

We may update and change our Site from time to time to reflect changes to our products, our users’ needs, changes in law, our business priorities or for any other reason.  You acknowledge and consent to not requiring any separate written notification of any changes to the terms of us other than the posting of the revised terms of use to the Site.

5.         We May Suspend or Withdraw Our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free.  We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6.         Eligibility to Use Our Site

Our Site is directed to users who are 16 years of age or older and are residing in and using this Site within Australia.  We do not represent that content available on or through our Site is appropriate for use or available in other locations.  If you access our Site from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your Location.

7.         You Must Keep Your Account Details Safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.  You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at snapfreshretail@dnata.com.

8.         How You May Use Material on Our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged in any reproduction.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. 

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

9.         Product & Allergens

We operate a food manufacturing business that is appropriately licensed and has in place an accredited food safety program.  It is your responsibility to refer to the product labelling of each meal prior to purchase and/or consumption.  Although we take reasonable care to isolate known allergens such as nuts from meals, please be aware that trace elements may be present.  Your safety is important to us.  If you have a food allergy or are pregnant and are intolerant to certain foods then we recommend that you do not purchase food online where you do not have the ability to carry out a pre-purchase inspection. To the extent permitted by law, we accept no liability to any allergic reaction by you as a result of consuming our products.  If you are pregnant or may have an allergy, please ensure that you consult your doctor prior to purchase of any food products.

10.      We Are Not Responsible for Websites We Link To

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only.  Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them from time to time.  We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

11.      User Generated Content

From time to time the Site may include information and/or materials that have been uploaded by other users of the Site, including but not limited to comment threads.  This information and these materials have not been verified or approved by us.  The views expressed by other users on our Site do not represent our views or values.

This Site may contain comment threads, personal web pages or profiles, bulletin boards and other interactive features (collectively referred to as “Interactive Services”) that allow users to post, submit publish, display or transmit to other users or other persons (“post”) content or materials (collectively referred to as “User Contributions”) on or through the Site.

All User Contributions must comply with the content standards set out in paragraph 12 Content Standards.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary.  You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

We also have the right to, and you consent to us disclosing your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitute a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting or User Contribution you make on our Site if, in our opinion, your post does not comply with the content standards set out in paragraph 12 Content Standards.

You are solely responsible for securing and backing up your content.

You represent and warrant that:

  1. You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us, our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
    1. All of your User Contributions do and will comply with these terms.
    1. You understood and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have accepted full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
    1. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason determined in our sole and absolute discretion.  If you wish to complain about User Contributions, please contact us on https://shop.snapfresh.com.au/.

12.      Content Standards

The content standards in this clause 12 apply to any and all User Contributions and any social media features.  User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  In particular, you warrant that your User Contributions will not:

  1. contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
    1. Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    1. Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
    1. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise be in conflict with these terms and our privacy policy.  Our privacy policy is available at ttps://shop.snapfresh.com.au/privacy-policy/.
    1. Be likely to deceive any person.
    1. Promote any illegal activity, or advocate, promote or assist any unlawful act.
    1. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
    1. Impersonate any person, or misrepresent your identity or affiliation with any person or organization, including with us.
    1. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
    1. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards in this clause 12.

You warrant to us that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty.  This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.  We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, in addition to any other rights that we have at law or as detailed in these terms, your right to use our Site will cease immediately.

13.      Refund Policy

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

You acknowledge and agree that we are selling perishable goods to you and that the goods will perish where they are not kept frozen and that for this reason it is reasonable for us to limit the time within which you must notify us that the goods are not of acceptable quality.  To the extent permissible without contravention of the Australian Consumer Law, you will not be entitled to a refund where:

  1. You first notify us of an issue with the goods seven (7) days after the goods were collected from us;
    1. the goods have been spoiled, lost, destroyed, consumed or disposed of by you, partially or in whole;
    1. the goods were damaged or spoiled by you after they were collected from us (for reasons not related to their condition at the time of their supply);
    1. you have opened or pierced the packaging and have simply ‘changed your mind’;
    1. you have not collected your goods within seven (7) days of purchase.

Should you seek to claim a refund, please contact us using the details listed on our contacts page.  Where you claim the goods are not of acceptable quality, we reserve the right to require you to return the goods being the subject of your claim to the location they were collected from us.  If testing is required to assess your claim, then we reserve the right to send the goods for testing to determine your claim.  Where you claim is determined to be unfounded, we reserve the right to require payment from you for the cost of the testing process.

14.      Limitation of Liability

Without excluding, restricting or modifying the rights and remedies you may be entitled to under the consumer guarantee provisions of the Australian Consumer Law or our liabilities under those provisions:

  1. Our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind arising out of or in connection with your use, or inability to use our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  1. This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied regarding the operation or availability of the Site.
  1. The content of our Site is provided for general information only.  It is not intended to amount to advice on which you should rely.
  1. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
    1. Our liability to you for loss or damage of any kind, including but not limited to liability arising out of tort (including negligence), contract, under any statute, resulting from this agreement or in connection with this agreement is reduced by the extent (if any) you cause or contribute to the loss or damage.
  1. We are not liable for any loss, injury or damage attributable to you not following our instructions for the goods purchased.

Nothing in these terms affects any liability to the extent that it cannot be excluded or limited under applicable law.  We do not exclude or limit in any way our liability to you where it would be unlawful to do so and any paragraph of these terms of use are to be read down or excluded to the extent necessary for compliance with an applicable law.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

15.      Indemnity

You agree to defend, indemnify and hold us, our affiliates ,licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal professional fees and expenses) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your User Contributions, any breach of these terms, any breach of warranty, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorized in these terms.

Where we or another entity uses a secure server to receive and/or store your information, we rely on those cryptographic protocols to encrypt the information you send through this website.  You acknowledge and agree that we do not control cryptographic protocols and cannot guarantee the strength or effectiveness of that encryption.

16.      We are Not Responsible for Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.  You are responsible for configuring your technology to access our Site.  You should use your own antivirus software and ensure that it is maintained.

17.      Rules about Linking to Our Site

You may link to the Site’s homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  The website in which you are linking must comply in all respects with the content standards set out in paragraph 12.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.If you wish to link to or make any use of content on our Site other than that set out above, please contact us https://shop.snapfresh.com.au/

18.      Law of Queensland, Australia Law Applies

These terms of use, their subject matter and their formation, are governed by Australian law.  You are we both agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia and the Federal Court of Australia.

19.      Our Trade Marks are Registered

SnapFresh, is a registered trade mark (registration number 884413) and all related names, logos ,product and service names, designs and slogans are also our trade marks or the trade marks of our affiliates or licensors.  You must not use such marks without our prior written permission unless they are part of material you are using as permitted under paragraph 8.  Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.

20.      Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these terms.  You agree not to use the Site:

  • in anyway that violates any applicable federal, state, local or international law or regulation (including without limitation, any laws regarding the export of data or software to and from other countries);
    • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
    • to send, knowingly receive upload, download, use or re-use any material which does not comply with the content standards set out in paragraph 12 of these terms;
    • to transmit, or procure the sending of, any advertising or promotional material without our prior written and signed consent including any “junk mail” , “chain letter” or “spam” or any other similar solicitation;
    • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses screen names or contact details associated with any of the foregoing; or
    • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

  • use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
    • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
    • use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
    • use any automatic or manual process to reverse engineer or decompile any part of the Site;
    • use any device, software or routine that interferes with the proper working of the Site;
    • introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
    • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
    • attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
    • otherwise attempt to interfere with the proper working of the Site.

You acknowledge that we may and irrevocably consent to us reporting any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.  In the event of such a breach, in addition to any other rights we may have at law or pursuant to these terms of use, your right to our Site will immediately cease.

21.      Online Purchases

All goods purchased through our Site or other transactions for the sale of goods formed through the Site or as a result of visits made by you to the Site are governed by our terms of sale which have been incorporated into these terms of use.

Risk & Title

Risk and title in the goods purchased by you passes when you have paid if full for and collected the goods.

Collection

Goods purchased must be collected within seven (7) days of purchase (“Collection Period”) at the address nominated in your purchase confirmation during the specified hours on the specified days (excluding public holidays applicable for the location of collection). Where goods are not collected within the Collection Period, at our sole and absolute discretion we may charge you a cold storage fee of $0.50 per item per day payable before you are permitted to collect the goods.  Where the storage fee applicable to the goods you have purchase equals the amount you have paid for the goods we will offer the goods for sale to recover the storage fee. 

We reserve the right to only permit the person identified on the purchase confirmation to collect the purchased goods.  You must present both the purchase confirmation and a valid government issued photographic identity in order to collect the goods you have purchased.  Where you make a purchase anonymously or by using a pseudonym, you acknowledge and agree that you are not permitted to collect the goods you purchased from the Site and, where you are denied collection of the purchased goods, you will not be entitled to a refund.

Electronic Payment

The encrypted online shopping facility incorporated into the site is operated and maintained by Square AU Pty Ltd ABN 38 167 106 176 and Cuscal Limited ABN 95 087 822 455 (collectively herein referred to as “Square”), Australian proprietary companies with a registered offices located in the State of New South Wales, Australia.  You acknowledge and agree that to the extent permissible by law, we are not responsible for any misuse/loss/theft of your payment information or personal information by a third party and you release us from any liability for loss or damage to you regarding same. 

22.      Affiliates

The goods purchased through our Site are to be collected by you from an aviation commercial catering facility operated by our affiliate Alpha Flight Services Pty Ltd ABN 89 064 142 418 trading as dnata catering.  You acknowledge and agree that Alpha is not the manufacturer of the goods and is not the supplier of the goods to you.  Any contract for the purchase of goods is between you and us and not Alpha.

23.      Third Party Branding

The goods purchased through our Site may contain logos and brands of our corporate customers in the aviation industry.  You acknowledge, agree and warrant to us that your contract of purchase is between you and us and that you will not claim for loss, expense or a liability against a company who is the beneficial owner of a trade mark, logo or brand appearing on the packaging that is not ours.

24.      Products Not for Re Sale

You acknowledge, agree and warrant to us that you are not purchasing the goods from this Site for the purpose of on-selling.

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