Terms & conditions

  1.   Agreement to Terms and Conditions

1.1    Acceptance of Terms and Conditions

1.1.1 The website https://wholefood.me/ (“the website”) is owned and operated by wholefood.me Pty Ltd, trading as wholefood.me. References to “we”, “us”, or “our” are references to wholefood.me. We are a company registered in NSW, Australia (ACN number 616 857 580), our ABN number is 50 616 857 580 and our registered office and address for correspondence is: Unit 24, 14 Loyalty Road, North Rocks NSW 2151

1.1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.

1.2    Changes to Terms and Conditions

1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 09/05/2017.

1.3    Accounts and Billing

1.3.1 You can find the specific details regarding your subscription with wholefood.me including your next scheduled boxes, by logging into your account and clicking on the relevant section of the website.

  • To view, amend or cancel existing orders – https://wholefood.me/my-account/
  • To view the payments you have made – https://wholefood.me/my-account/
  • To view or amend your personal details – https://wholefood.me/my-account/
  • To view or amend your payment card details – https://wholefood.me/my-account/
  • To view or amend delivery address details – https://wholefood.me/my-account/

Please note that you will need to be logged in to your account to access these links.

1.4    Other applicable terms

1.4.1 In addition to these Terms and Conditions our Privacy Policy also applies to your use of the website and is, where relevant, incorporated by reference into these Terms and Conditions. Please also refer to our FAQs and how wholefood.me works pages on the website for further information.

  1.   Website Use

2.1    You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.

2.2    All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.

2.3    You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

2.4    You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

2.5    It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.

2.6    We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.

2.7    You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.

2.8    The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 3.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at hello@wholefood.me.

  1.   Intellectual Property Rights/Copyright

3.1    Unless otherwise stated, wholefood.me owns or has a valid licence to use all copyright in the content of the Site and trademarks used on the Site.

3.2  You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by wholefood.me, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth)

3.3  We grant you permission to do the following with the material on the Site:

(a) store a reproduction of the material on your local computer for the sole purpose of viewing the material; and

(b) print hard copies of material for your personal information, but not commercial use.

  1.   Joining Us

4.1    In order to purchase products from the website, you must first register to set up an account with us by completing the registration form on the website.

4.2    In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.

4.3    When joining up you need to provide:

    • 4.3.1 your full name;
    • 4.3.2 a valid and current email address;
    • 4.3.3 your Australian delivery address; and
    • 4.3.4 your payment card details.

4.4    You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.

4.5    We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.

4.6    You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.

4.7 wholefood.me may modify these Terms of Use at any time, and such modifications shall be effective as soon as they are posted on the Site. You agree to any modifications to the Terms of Use by continuing to use the Site after the Terms of Use have been modified, and you are bound by the modification. A copy of our current Terms of Use of the Site is displayed on the Site at all times.

  1.   Availability of Website

5.1    Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

5.2    Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at hello@wholefood.me.

  1.   Purchase of Boxes

6.1    When you register an account on the website you will automatically be signed up to receive a regular weekly delivery of our products. You can manage, pause, cancel and make changes to your order at any time. Please see the FAQs for more details.

6.2    You may subscribe to wholefood.me online at any time. The website allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. You are given the opportunity to review the box type, delivery date and frequency of your order In My Account once you are logged in.

6.3    Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.

6.4    No order is accepted from you until our website displays an order confirmation message. This message is displayed after you subscribe to a wholefood.me snack box.

6.5    We select the contents of your boxes based on your ratings of love/unlove. We reserve the right to not send certain combinations of products together in a box.

6.6 Price Changes

wholefood.me reserves the right to, at any time at its sole discretion and without prior notice, increase the price of products and/or services advertised on our Site and/or the cost of shipping for such products and/or services. The fee you pay for a product or service (subscription box and/or gift) is only valid at the time you purchase that product and/or service. wholefood.me may increase gift fees at any time without any prior notice. Once wholefood.me has published new prices on the Site, the new advertised prices will apply and previous prices will not be honoured for purchases made after the price has been changed on the Site.

6.7 Your membership and/or account: wholefood.me reserves the right to, at any time at its sole discretion, revoke the membership and/or account of you and/or your nominated gift receiver for any reason, including but not limited to, for breach of these Terms of Use

  1.   Information about what our products contain

7.1    On each product page under ‘view details’, we provide a list of the product’s ingredients. We also state in the FAQ’s and on every wholefood.me snack box that our products contain the following ingredients/substances which may cause allergies or intolerances:

    • 7.1.1 Peanuts
    • 7.1.2 Nuts
    • 7.1.3 Sesame
    • 7.1.4 Soy

7.2    As all of our products are prepared in the same environment, we are unable to guarantee that our products are completely free from any of the ingredients/substances listed above.

7.3    We include nutritional information relating to each product on our website on each product’s page. Your box will also come with a sleeve containing this information relating to the products you have chosen.

7.4   Suitability of products and service on the Site- We make no representation about the suitability of any products and/or services that are displayed on the Site for you or the other members of your household. In particular, you are solely responsible for any decision to consume any food or beverage products and you are responsible for ensuring the suitability of those products for you or the other members of your household, including in respect of any allergies that you or any member of your household may have.

  1.   Free or discounted offers

8.1    Free or discounted introductory offers are only available to new users of the website. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.

8.2    Except where otherwise stated, discounts and credits are available only once to any one person.

8.3    Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.

8.4    You must have internet access and valid payment details to redeem a free or discounted offer.

8.5    You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the wholefood.me snack box service until you cancel scheduled boxes.

8.6 Except where otherwise stated, discounts and credits can only be redeemed against snack boxes .

  1.   Payments

9.1    The price of products is as quoted on the website from time to time. Prices stated include GST and delivery charges.

9.2    We take payments by continuous payment authority. You will be charged as follows:

    • 9.2.1 wholefood.me snack boxes dispatched on Thursdays will be charged on the previous Monday every week unless otherwise notified.

9.4    A summary is available via My Account once you have logged in. Payment services are provided by Stripe, Inc.

9.6    You agree not to hold us responsible for banking charges incurred due to payments on your account.

9.7    Goods are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees. Please note that you can cancel at any time – see section 11 below.

9.8    Upon registering, reactivating your account, restarting regular deliveries, ordering one off boxes or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a $1 payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a $0 or $1 charge on your account balance.

  1. Delivery and Return of Boxes

10.1 Boxes can only be delivered to addresses within Australia; this includes PO Box addresses

10.2 Boxes are delivered by Australia Post. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:

    • 10.2.1  our stock availability;
    • 10.2.2  your delivery address;
    • 10.2.3  when you make your selection; and
    • 10.2.4  circumstances impacting delivery by the postal service.

We reserve the right to use alternative delivery methods without prior notification.

10.3 You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.

10.4 It is your responsibility to report all lost or undelivered boxes online within 7 days of  the expected day of delivery.

10.5 In some cases if your box does not fit through your letter box and you are out when it is delivered, your postie should leave a card at the address with information about collection or re-delivery. The postage provider will hold the box for 7 days before returning it to us and it is your responsibility to contact them to arrange receipt of the box as soon as you can. Due to the perishable nature of the food, we cannot be held responsible for refunding or replacing the box if this process has not been followed.

10.6 Where the above process is followed the following procedure applies:

    • 10.6.1  Standard four punnet boxes. Please report the problem to us online using this link: hello@wholefood.me.

10.7 If you change address, you must update your address details in the relevant section of My Account once you are logged in to ensure that boxes are not sent out to the wrong address. Please ensure this is done atleast 7 days to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location.

10.8 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

10.9 If you are dissatisfied with any product you receive from us, please contact our customer services team on hello@wholefood.me. We retain the right to request a return of any faulty goods by recorded delivery to:

Wholefood.me Pty Ltd

PO Box 787

Cherrybrook NSW 2126

 

and the product will be inspected.

 

If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.

  1. Cancellation

11.1 You can cancel the purchase of a box at any time before your next payment date to stop the next box being dispatched to you. This is done by signing in to My Account and selecting “Cancel Subscription”. For more details please see our FAQs.

 

11.2 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.

11.3 We may cancel a contract under these Terms and Conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any technical error, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack, war or similar force majeure event.

11.4 Due to the perishable nature of the goods we deliver, you do not have the right to cancel an order for the purchase of a box under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

  1. Privacy

12 .1 wholefood.me Pty Ltd operates wholefood.me and may operate other websites. It is wholefood.me Pty Ltd’s policy to respect your privacy regarding any information we may collect while operating our websites.

12.2  Website Visitors: Like most website operators, wholefood.me Pty Ltd collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. wholefood.me Pty Ltd’s purpose in collecting non-personally identifying information is to better understand how wholefood.me’s visitors use its website. From time to time, wholefood.me Pty Ltd may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

12.3 wholefood.me Pty Ltd also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on wholefood.me’s blog. whoefood.me only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

12.4 Gathering of Personally-Identifying Information: Certain visitors to wholefood.me’s websites choose to interact with wholefood.me in ways that require wholefood.me Pty Ltd to gather personally-identifying information. The amount and type of information that wholefood.me Pty Ltd gathers depends on the nature of the interaction. Those who engage in transactions with wholefood.me are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, wholefood.me Pty Ltd collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with wholefood.me. wholefood.me Pty Ltd does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

12.5 Aggregated Statistics: wholefood.me Pty Ltd may collect statistics about the behaviour of visitors to its websites. wholefood.me may display this information publicly or provide it to others. However, wholefood.me Pty Ltd does not disclose personally-identifying information other than as described below.

12.6 Protection of Certain Personally-Identifying Information: wholefood.me Pty Ltd discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that:

    • need to know that information in order to process it on wholefood.me’s behalf or to provide services available at wholefood.me Ptd Ltd’s websites, and
    • (that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using wholefood.me Pty Ltd’s websites, you consent to the transfer of such information to them.
    • wholefood.me Pty Ltd will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, wholefood.me Pty Ltd discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when wholefood.me Pty Ltd believes in good faith that disclosure is reasonably necessary to protect the property or rights of wholefood.me, third parties or the public at large. If you are a registered user of a wholefood.me Pty Ltd website and have supplied your email address, wholefood.me may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with wholefood.me and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. wholefood.me takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

12.7 Cookies:  A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. wholefood.me Pty Ltd uses cookies to help wholefood.me identify and track visitors, their usage of wholefood.me website, and their website access preferences. wholefood.me visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using wholefood.me Pty Ltd’s websites, with the drawback that certain features of wholefood.me Pty Ltd’s websites may not function properly without the aid of cookies.

12.8 Business Transfers: If wholefood.me, or substantially all of its assets, were acquired, or in the unlikely event that wholefood.me goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of wholefood.me may continue to use your personal information as set forth in this policy.

12.9 Privacy Policy Changes: Although most changes are likely to be minor, wholefood.me may change its Privacy Policy from time to time, and in wholefood.me Pty Ltd’s sole discretion. wholefood.me encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a wholefood.me account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

  1. Limitations on Liability

13.1    You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the content or material on or accessible through the Site.

13.2     Except as expressly stated in these Terms of Use, we will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however caused) in connection with your access to, or use of, or inability to use the Site or the content or material of the Site (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.

13.3     Damages & Returns Policy: As wholefood.me only markets, promotes and arranges the sale of the products and services on the Site but does not provide the fulfilment or delivery of those products and services, wholefood.me is not liable for any missing product and / or a broken or damaged product delivered to the delivery address. Any complaints received by wholefood.me for missing, broken or damaged or otherwise unsatisfactory products and/or services received by a customer will be directed to the Vendor of the product or service. The Vendor of the product or service will have 3 business days to respond to the complaint and wholefood.me will pass on their response to the customer.

13.4 The Vendor may at its sole discretion decide to provide a replacement product or service or approve a full or partial refund for any missing, damaged or broken or otherwise unsatisfactory products and/or services. If the Vendor provides approval for a full or partial refund to the customer, wholefood.me will process the full or partial refund via the payment method used by the customer to purchase the original product or service.

13.5   Please email our customer service team at hello@wholefood.me to notify us of any complaint you have in relation to a product and/or service purchase on the wholefood.me Site. Complaints will not be handled on our social media channels and any customers who post their product or service complaints on those channels will be asked to email the details to our customer service team so they can handle the issue promptly. We may at our discretion remove any comments posted on our social media pages, including any complaints.

  1. Applicable Law

14.1 These Terms of Use are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of New South Wales, Australia.

  1. Assignment by Us

15.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

  1. Accounts are Non-Transferable

16.1       Accounts with wholefood.me are not transferable and therefore cannot be sold or traded.

  1. No Waiver

17.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

  1. Force Majeure

18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

  1. Third Party Rights

19.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

  1. Contacting us

20.1 If you have any questions or concerns about our terms & conditions, or about any part of our service we are always happy to help.

You can:

    • use our contact form here: https://wholefood.me/contact-us/
    • email us: hello@wholefood.me
    • write to us: PO Box 787, Cherrybrook NSW 2126