Terms and Conditions

 

Thank you for using Unocart.

In these Terms and Conditions (the “Terms”), “we”, “us” and “our” refers to Feedmee App Pty Ltd (ABN 68 610 817 831).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE USING OUR SERVICES VIA OUR WEBSITES, WWW.UNOCART.COM (“WEBSITES”) OR OUR MOBILE APPLICATIONS, INCLUDING THE UNOCART APPLICATION (COLLECTIVELY, THE “SITE”).

YOU AGREE THAT BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR OUR SERVICES.

 

Use of the Site and Services

You may visit the Site without registering to become a member. However, in order to enjoy all the benefits of the Site and the Services (as defined in clause 2), you must register and become a member.

By using the Site, you represent and warrant that you are:

  • at least 18 years of age and able to enter into a legally binding contract with us;

  • authorised and able to make payment via the credit or debit card you have provided in the Site and the credit or debit card you provide in the Site is valid; and

  • your account information that you provide to us in the Site is correct and up to date and that you will keep your account information up to date with us to continue to use the Application.

  • If you are using the Site on behalf of a legal entity, you hereby represent and warrant that (i) you have the authority to enter into these Terms on behalf of the legal entity and (ii) agree to be bound by the Terms individually, even when acting on behalf of the legal entity.

You may not use the Site or the Services:

  • for any activities or omissions that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes or any Government authority ore regulation;

  • to distribute any inappropriate communication, virus, harmful components or other disabling code in any form;

  • in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;

  • to exploit, harass, vilify, harm or attempt to exploit, harass, vilify,  or harm any other person in any way;

  • to transmit or procure the sending of any advertising or promotional material without prior written consent, including any junk mail, chain letter, or spam;

  • 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; and/or

  • in any manner or for any purpose which is contrary to these Terms.

 

Services and Scope of Supply

The services that we provide via the Site is a platform for you to browse and search for products sold by supermarket retailers (“Retailers”), select products you wish to purchase from Retailers, have third parties independently contracted by us (“Shoppers”) to purchase the products on your behalf and deliver the products to you (the “Services”).

When you select “Place Order” on the Site, you authorise us to:

  1. deduct an amount up the total value of your order from the credit card that you provide in the payment method part of the Site; and

  2. arrange a Shopper to select, pack, purchase and/or deliver the products ordered by you, on your behalf.

You acknowledge and agree that:

  1. we and the Shopper act as your agents in selecting, packing, purchasing and/or delivering products ordered by you;

  2. we are not responsible for selling the products to you and the contract for the sale of the products is between you and the Retailer;

  3. while we will use our best efforts to provide you with information (eg nutritional information) about the products which can be ordered by you on the Site, we are under not obligation to do so and you should contact the Retailer or manufacturer of the product for such information;

  4. you will be available at the delivery time you select for your order to receive the delivery and if a Shopper is not able to deliver your order to you at that time, we will cancel the order on your behalf. You may be refunded for the order and you may be charged a cancellation fee (see Cancellation Policy);

  5. while we and the Shopper will use best efforts to purchase and deliver the products ordered by you in accordance with any instructions that you provide on the Site, the products are provided by Retailers and we provide no guarantees as to the availability or quality of the products;

  6. the Site and the Services are not and must not be taken as an indication, recommendation or endorsement of the quality or availability of any product that you select from the Site;

  7. the risk of loss and title for products purchased by you through our Services passes to you upon our payment to the Retailer for the products;

  8. the use of the Site and the Services is entirely at your own risk;

The Site and Services are available for use and access to users located in Western Australia.

 

Cancellation and Refund Policy

You acknowledge and agree that the following cancellation policy applies to our Services:

We reserve the right, in our sole discretion, to refuse to offer the delivery of any products order by you (see “Items we cannot deliver”). In the event we choose to refuse to offer certain products after you have placed your order but before the product is delivered to you, we will endeavour to notify you of the cancellation and may cancel the portion of your order related to that product and issue a credit to your credit card account in the amount of your cancelled charge.

Full refund will be issued with no cancellation fee for all orders cancelled 2 hours before your chosen delivery window.

If you wish to cancel your order within 2 hours before your chosen delivery window, and when the Shopper is shopping for your order, but before check out, a full refund will be issued, however a cancellation fee of $40 will apply.

If you wish to cancel your order after the Shopper has checked out, or during delivery, your order will not be refunded.

If under any circumstances, the Shopper is unable to deliver your order, we will cancel your order on your behalf. Depending on the circumstance, you may not be refunded for the order.

 

Changes to the Terms

We may make changes to these Terms from time to time in our sole discretion. When we do so, we will post the most current version of the Terms on our Websites and, if a revision to the Terms is material, we may also notify you of the new Terms (for example, by email to the address provided by you when registering or through a notification on our Site). Changes are effective immediately when we post them and apply to all access to and use of the Site and the Services thereafter. Your continued use of the Site or the Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you should discontinue your use of the Site and the Services.

 

Registration and Membership

To register and become a member of our Site you must provide your full name, a valid email address, a valid mobile phone number, an address for delivery of the products to you, valid payment information and create a password to register your profile.

It is a condition of your use of the Site and the Services that you warrant that all information you provide on the Site, including payment information, is valid, correct, current and complete. You agree that all information you provide to register with the Site is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING YOUR ACCOUNT OR EMAIL ADDRESS, WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORISED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and account information. You will immediately notify us of any unauthorised use of your password or account or any other breach or threatened breach of the Site’s security.

As a member, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you our monthly newsletter. Additionally, we may employ the use of cookies and other automatic means of collecting information about you, your use of the Site or your device. By using the Site you consent to the use of cookies and other automatic means of collection in accordance with our Privacy Policy.

To cancel your membership, please contact Unocart HQ via legal@unocart.com.

 

Billing and Payments

All amounts indicated on the Sites are in Australian dollars unless otherwise indicated.

We accept Visa and MasterCard as payment methods. In using our Services, you may be charged goods and services tax. By registering to become a member and providing your payment information, you agree that we may save your payment information for your convenience.

We use a third party, Stripe, Inc., to process payments through the Site. Stripe, Inc’s terms and conditions are available at https://stripe.com/au/legal.

If your payment method is declined, we will attempt to process your charge until the transaction is approved. We, and our third party payment service providers, may request and receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer directly.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment through another method, including a mailed statement.

 

Errors

In the event a product is listed on our Site at an incorrect price, with incorrect information or incorrectly as available for purchase due to typographical or administrative error or error in pricing or product information provided by  Retailers, we have the right to refuse or cancel any orders or part of an order placed for such products in our sole discretion, whether or not your order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the cancelled charge.

 

Transactions involving Certain Products

You may have the option on the Site to order delivery of alcohol products in some locations and from certain Retailers. You will not use the Site or Services to order alcohol products unless you are 18 years of age or older and you will not sell or supply alcohol products obtained through the Site to any person who is not permitted to be sold or supplied alcohol under any law. You agree that you will comply with all applicable laws related thereto and not cause us, your Shopper, or any Retailer to contravene or violate any applicable law. The Site may offer information and a method to connect duly licensed, participating retailers to you to purchase alcohol beverages. The Site does not, and does not intend to, make sales of alcohol beverages. Each participating Retailer is the seller of record for the particular products it promotes on the Site and sells to you. THE SITE HAS NO RESPONSIBILITY OR LIABILITY FOR (I) ANY SALE OF ALCOHOL PRODUCTS OR DELIVERY OF SUCH PRODUCTS SOLD AND DELIVERED BY RETAILERS TO YOU OR ANY OTHER CUSTOMER OR THIRD PARTY AND/OR (II) ANY ACTIONS OR OMISSIONS OF YOU OR ANY THIRD PARTY THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM THE PURCHASE AND/OR CONSUMPTION OF ALCOHOL PRODUCTS PROMOTED OR ACQUIRED THROUGH THE SITES OR THE SERVICES.

 

Intellectual Property Rights

The Site and the content of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is owned by us, our licensors or other owners/providers of such material and are protected by Australian and international intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to download, install and use the Site for your personal, non-commercial use on a mobile device or computer owned or otherwise controlled by you. You may not:

  1. Republish, reproduce, duplicate, copy, sell, rent, distribute, create derivative works, publicly display, publicly perform, store, transmit or sub-license the Site or material from the Site;

  2. Copy the Site or modify copies of any materials from the Site;

  3. Delete or alter any copyright, trademark or other proprietary notices from copies of materials from the Site;

  4. Create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of the Site (without our prior written approval); and

  5. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site.

  6. Use the Site 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;

  7. Transmit or procure the sending of any advertising or promotional material without prior written consent, including any junk mail, chain letter, or spam; or

  8. 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 Feedmee App Pty Ltd or users of the Site or expose them to liability.

All trademarks, service marks and trade names of Unocart on the Site are trademarks or registered trademarks of us or their respective owners. You may not use such marks without Feedmee App Pty Ltd or the respective owner’s prior written consent or as provided below in “Third Party Links and Sites”.

You acknowledge and agree that the Site is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Site under these Terms or any other rights thereto other than to use the Site in accordance with these Terms. We and our licensors reserve and retain their entire right, title and interest in and to the Site, except as expressly granted to you in these Terms.

Through your use of the Site, you may be able to submit, upload, publish or otherwise make available to us textual, audio and/or visual content, including commentary and feedback (the “Content”). As between you and us, any Content that you provide remains your property. However, by providing Content to us, you grant us and all of our subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive and transferable right to use, publish, reproduce, modify, adapt, publicly display and otherwise use your Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these Terms and your use of the Site.

 

Third-Party Links and Sites

The Site may link to other websites operated by third parties. We have no control over and are not liable for these linked sites, each of which has a separate privacy and data collection practices independent of us. We are not responsible for, do not endorse and do not accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are provided to you only for your convenience and you access them at your own risk. You agree that we are not responsible for any loss or damage you may incur from dealing with any such third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

The following organisations may link to our Site by use of our corporate name or by use of the uniform resource locator (Web address) without prior written approval:

  • Government agencies;
  • Search engines;
  • News organisations;
  • Online directory distributors, if the Site is linked to in the same manner as the web sites of other listed businesses; and
  • Systemwide Accredited Businesses, except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.

The above-listed organisations may link to the home page on our Site, to publications or to other Site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

 

Messaging

By registering to become a member, you agree that we may send you text (SMS) or other electronic messages (Messages) in order to provide you with the Services and products offered through the Site. You may opt-out of receiving Messages from us at any time by contacting Unocart HQ via hello@unocart.com, provided however that opting out of Messages may affect your use of the Site and the Services and products offered through the Site. You may continue to receive Messages for a short period while we de-activate your account, and you may also receive Messages confirming the receipt of your de-activation request.

 

Copyright Policy

We respect the intellectual property rights of others. If you believe that any content on the Site violates your copyright, please send us a written notice of infringement to the contact information listed below, containing the following information:

  1. A description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on our Site (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material);

  2. Your contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address;

  3. A statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

  4. A statement that the information provided in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the owner;

  5. An electronic or physical signature of the owner of the copyright in question or a person authorised to act on behalf of the owner of the copyright; and

  6. Any other information or documentation that we may require you to provide us.

If you fail to substantially comply with the above requirements, you acknowledge and agree that we may not have to take corrective measures against the alleged copyright infringement.

Contact Information:
Unocart, 10 Saunders Street, East Perth WA 6000

Monitoring and Termination

If you are linking to our Site, we reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Site. You agree to immediately remove all links to our Site upon such request.

We may terminate your use of the Site and the Services at any time, for any reason and we may prohibit your use of the Site and Services at any time in our sole discretion. The terms of these Terms shall remain in effect at all times after the termination of your use of the Site and the Services offered on the Site. We are not liable to you for any costs, losses or damages of any kind arising from or as a consequence of terminating your access to and use of the Sites and/or the Services.

 

Warranty Disclaimer

THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES IN RELATION TO THE SITE AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE AND FEATURES AND FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE, OR THE SERVER THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Service and Site provided as-is and release of claims

The Services and Site are provided "as is" and "as available." To the maximum extent permitted by applicable law, we disclaim all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement in relation to the Services and the Sites. In addition, to the maximum extent permitted by applicable law, we make no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Site, Services, any services provided by Shoppers or third party providers, or goods requested through the use of the services from Retailers, or that the Services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or ability of Shoppers, third party providers, or Retailers. You agree that the entire risk arising out of your use of the Sites, Services, any services provided by Shoppers or third party providers, or any products requested by you or delivered to you, remains solely with you.

To the maximum extent permitted by applicable law, you agree that neither we nor our affiliates, retail partners, licensors, or suppliers are responsible for the fitness or conduct of any Shopper or third party provider or for any services provided by any Shopper or third party provider. Neither we nor our affiliates, retail partners, licensors, or suppliers will be liable for any claim, injury or damage arising in connection with the acts or omissions of any personal shopper or third party provider.

If you have a dispute with one or more Shoppers, Retailers or third party providers, you agree to release us (including our affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

 

Limitation of liabilities

This provision applies to the maximum extent permitted by applicable law.

In no event shall we (including our affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Site, Services, or these Terms, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages.

In no event shall we (including our affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable for any indirect, special, punitive, incidental, exemplary and/or consequential damages (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of the customers’ use of the Services, any services provided by Shoppers or third party providers, or any products requested by you or delivered to you, even if we or our agents or representatives know or have been advised of the possibility of such damages.

You acknowledge and agree that the maximum aggregate liability of us, our affiliates, retail partners, licensors, suppliers and distributors for all claims relating to the Sites, Services, any services provided by Shoppers or third party providers, or any products requested by you or delivered to you is the lesser of $100 or the amounts paid by you to us for the past 12 months of the Services.

 

Indemnification

You indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, damages, expenses, damages and costs, including legal fees, resulting from (i) your violation of these Terms or any applicable law or regulation, whether or not referenced herein, (ii) your violation of any rights of any third party, including Shoppers or any party providing services arranged via the Site, or (iii) the use or misuse of the Site or Services (whether negligent or wrongful conduct, or other conduct) by you or any other person accessing the Site using your Internet account.

 

General

  1. These Terms, along with any rules, guidelines or policies published in the Site constitute the entire agreement between us and you with respect to your use of the Site and the Services and products offered through the Site.

  2. If there is any conflict between the Terms and other rules or instructions, the Terms shall prevail.

  3. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

  4. Subject to applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site and Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.

  5. These Terms shall be governed by, and construed in accordance with, the laws of the state of Western Australia, Australia, without reference to its choice and conflict of law rules.

  6. You may not assign your rights or obligation under these Terms without our prior consent.

  7. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

  8. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms.

  9. These Terms do not limit any rights that we may have pursuant to any intellectual property laws or other laws.

  10. All rights and remedies available to us, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available.

  11. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.

  12. If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue to apply.

  13. All rights which are not expressly granted in these Terms are expressly reserved.

 

These Terms were last updated on 18 March 2018