Terms and Conditions
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1. Cheeky Chewies – the basics
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(a) “Cheeky Chewies” means Cheeky Chewies Pty Limited t/as Cheeky Chewies of 18a Aviation rd Laverton VIC. This document explains how the agreement is made up, and sets out the terms of our agreement with you.
(b) Cheeky Chewies operates an online good delivery business delivering food and groceries straight to residences.
(c) Your use and/or purchase of Cheeky Chewies’s products (“Goods”), services and websites (including affiliated websites and pages, and including but not limited to the website at www.cheeky-chewies.com (referred to collectively, including where Goods are supplied, as the “Services” in this document) is subject to the terms of a legal agreement between you and Cheeky Chewies.
(d) Unless otherwise agreed in writing with Cheeky Chewies, your agreement with Cheeky Chewies will always include the terms and conditions set out in this document (“Main Terms”).
(e) Your agreement with Cheeky Chewies will also include the terms of any additional notices we send you or post on any website owned or operated by Cheeky Chewies applicable to the Services, in addition to the Main Terms (“Additional Terms”). Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
(f) The Main Terms, together with the Additional Terms and the Cheeky Chewies Privacy Policy, form a legally binding agreement between you and Cheeky Chewies in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this agreement (embodying all of these terms) is referred to below as the “Terms”.
(g) If there is any contradiction between what the Additional Terms say and what the Main Terms say, then the Additional Terms shall take precedence in relation to that Service.
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2. Accepting the Terms
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(a) In order to use the Services (including purchasing any Goods), you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
(b) You can accept the Terms by:
(i) clicking to accept or agree to the Terms, where this option is made available to you by Cheeky Chewies in the user interface for any Service (whether through a web browser, mobile app or otherwise); or
(ii) by actually using the Services. In this case, you understand and agree that Cheeky Chewies will treat your use of the Services as acceptance of the Terms from that point onwards.
(c) You may not use the Services or buy the Goods and may not accept the Terms if you are not of legal age or capacity to form a binding contract with Cheeky Chewies, or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services, or otherwise do not operate an Asset Broker business (unless we have expressly authorised you to do so).
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3. Provision of the Services by Cheeky Chewies
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(a) Cheeky Chewies will use all reasonable endeavours to provide the Services and supply the Goods to you as represented on the Cheeky Chewies website, or any instructional or promotional material provided by or on behalf of Cheeky Chewies.
(b) You acknowledge and agree that the form and nature of the Services or Goods which Cheeky Chewies provides may change from time to time without prior notice to you, and you shall remain bound by the Terms when using the Services in any updated or amended version.
(c) You acknowledge and agree that Cheeky Chewies may refuse to allow you to access the Services or buy the Goods at its sole discretion, and/or may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Cheeky Chewies’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Cheeky Chewies when you stop using the Services. Cheeky Chewies is not required to act in good faith or reasonably.
(d) You acknowledge and agree that if Cheeky Chewies disables access to the website or any Services, you may be prevented from accessing the Services, your account details or any files or other content which is contained therein.
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4. Supply of Cheeky Chewies Services
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What is Cheeky Chewies?
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(a) Cheeky Chewies is an online food delivery business.
(b) In providing the Services, Cheeky Chewies utilises and in all instances (except where otherwise expressly identified) provides access to third party products and services (including food products and access to third party websites). In this instance, Cheeky Chewies acts merely as an intermediary to facilitate your access to products and services of those third parties, and Cheeky Chewies:
(i) relies on representations made by those third parties and other suppliers, and will not be liable to you for any misrepresentation made, if we reasonably relied upon such representation in sourcing any supplying the Services, to the extent allowed by law;
(ii) does not warrant the accuracy or functionality of any such third party product or service and will not be liable for any fault or misdescription;
(iii) does not make any other warranty regarding the third party service or product, and you agree to rely on your own investigations and will indemnify Cheeky Chewies against all claims and loss in connection with your use of any third party service; and
(iv) does not warrant that any such product or service will be virus free, or free from any other error or defect, and will not be liable for any damage suffered as a result to the extent allowed by law.
(c) By purchasing any third party product or service using the Services, you acknowledge that Cheeky Chewies is in no way liable to you in respect of any such product or service and that any claim is against that third party. You hereby release Cheeky Chewies from all claims in connection with any loss or damage you suffer based on your purchase or use of such products or services, to the fullest extent permitted by law.
Payment of fees
(d) You agree to pay all fees charged based on Cheeky Chewies’s pricing, charges, and billing terms notified to you. For the avoidance of doubt, this may include any charges contained on our website.
Delivery of Goods
(e) Cheeky Chewies will deliver Goods ordered in accordance with delivery terms set out on our website or other material provided to you.
(f) We will not be responsible for any goods lost or damaged at the point of or after delivery. Risk in the Goods will pass to you immediately upon delivery.
(g) In the event that your delivery address is unattended, we will attempt to call you on your nominated phone number twice. After that, unless instructed otherwise, we will leave the Goods at the address provided for delivery. We will not be responsible for any Goods lost, damaged or stolen from that point onwards, and you release us from any claim in relation to Goods that are damaged, lost or stolen once left at your nominated address.
General
(h) Information provided by you will be relied upon for the purposes of delivery of the Services. We will not be liable to you for incorrect information provided by you.
(i) Cheeky Chewies attempts to be as accurate as possible. However, Cheeky Chewies does not warrant that the Goods and Services supplied by Cheeky Chewies are accurate, complete, reliable, current or error-free. If a Good or Service offered by Cheeky Chewies is not as described, our liability to you shall be limited a refund for that Good or Service or provision of the Service again, alone.
(j) You expressly acknowledge that all Services supplied to you from Cheeky Chewies:
(i) are priced in Australian Dollars; and
(ii) will be charged, unless expressly stated otherwise, as exclusive of Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue a tax invoice for all purchases, delivered to your nominated email account and that you will make no objection or claim in relation to any of these matters unless such restriction is prohibited by law.
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5. Your Use of the Services
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(a) In order to access certain Services, you will be required to provide information about yourself (identification, payment and contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Cheeky Chewies will always be accurate, correct and up to date, and will be provided in accordance with the Cheeky Chewies Privacy Policy and other applicable privacy policies.
(b) Cheeky Chewies will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. Cheeky Chewies will not be liable to you in any respect or for any amount for any loss suffered by you) if you have not provided accurate information.
(c) Any data you provide to Cheeky Chewies will be error free, legible (or audible) in a manner that will reasonably be considered to allow us to provide the Services. We will not be liable to you in any respect for any amount for any loss suffered by you if you have not provided information of such quality.
(d) You agree to use the Services only for purposes that are agreed at the time of using the Services (including in relation to any Content), and that are permitted by these
Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
(e) You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Cheeky Chewies, unless you have been specifically allowed to do so in a separate agreement with Cheeky Chewies. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services, and you agree not to access the content directly from Contributors without the direct written agreement of Cheeky Chewies.
(f) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
(g) Unless you have been specifically permitted to do so in a separate agreement with Cheeky Chewies, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must keep all aspects of the Services, including any source code, completely confidential and will not provide any such information to any other party. You will indemnify and hold harmless Cheeky Chewies for any loss it suffers if you breach this obligation.
(h) Unless you have been specifically permitted to do so in a separate agreement with Cheeky Chewies, you agree that you will not alter, modify, remove or otherwise obscure any content that you access by using the Services.
(i) You agree that you are solely responsible for (and that Cheeky Chewies has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Cheeky Chewies may suffer) of any such breach. You agree to indemnify Cheeky Chewies for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damages).
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6. Your account security and data security
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(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
(b) Accordingly, you agree that you will be solely responsible to Cheeky Chewies for all activities that occur under your account, and Cheeky Chewies will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.
(c) You may not transfer your account to any other person, unless specifically agreed in writing by Cheeky Chewies.
(d) We will supply you with a generic password upon registration, however you must change your password prior to your first use of the Services.
(e) If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify Cheeky Chewies immediately using the contact details at www.cheeky-chewies.com.
(f) We will take all reasonable steps to ensure the security of any data you provide to us. We will also use reasonable endeavours to ensure that any company to which we outsource or allocate the provision of Services will comply with our Privacy Policy and Australian law. So long as we take reasonable steps to do so, we shall not be liable to you for any unauthorised disclosure of any information unless we have not notified you as required by our Privacy Policy or by law.
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7. Privacy and personal information
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(a) For information about Cheeky Chewies’s data protection practices, please read Cheeky Chewies’s Privacy Policy. This policy explains how Cheeky Chewies treats your personal information, and protects your privacy, when you use the Services.
(b) You agree to the use of your data in accordance with Cheeky Chewies’s Privacy Policy.
8. Proprietary rights
(a) Cheeky Chewies has the right to use the “Cheeky Chewies” and “Cheeky Chewies intellectual property”.
(b) You acknowledge and agree that Cheeky Chewies (or Cheeky Chewies’s licensors) own all legal right, title and interest in and to the Goods and Services, including any intellectual property rights which subsist in the Goods and Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Cheeky Chewies and that you shall not disclose such information without Cheeky Chewies’s prior written consent.
(c) You acknowledge that you have no ownership in the intellectual property comprised in the Goods and Services.
(d) Unless you have agreed otherwise in writing with Cheeky Chewies, nothing in the Terms gives you a right to use any of Cheeky Chewies’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features (whether owned or licensed by Cheeky Chewies).
(e) You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Goods or Services.
(f) Unless you have been expressly authorised to do so in writing by Cheeky Chewies, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You agree to wholly indemnify Cheeky Chewies for any loss or damage suffered by Cheeky Chewies by reason of any breach by you of this Clause.
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9. Indemnity
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(a) To the fullest extent permitted by law, you agree to fully and promptly indemnify Cheeky Chewies against any loss (either direct or indirect) damage or expense whatsoever which Cheeky Chewies may suffer or incur in respect of:
(1) Any breach by you of the provisions of the Terms;
(2) Any claim in connection with your use of the Goods or the Services by any person;
(3) Any claim by any person in connection with your infringement of any intellectual property rights arising from your use of the Goods or Services; and/or
(4) Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Goods or Services by Cheeky Chewies.
(b) You irrevocably release Cheeky Chewies and waive all claims which you may have in the future against Cheeky Chewies, in respect of any action, claim or remedy whatsoever in any way attributable to the exploitation of the intellectual property in the Services by Cheeky Chewies.
10. Terminating the agreement
(a) The Terms will continue to apply until terminated by either you or Cheeky Chewies as set out below.
(b) Subject to the balance of this clause, if you want to terminate your legal agreement with Cheeky Chewies, you may do so by:
(i) notifying Cheeky Chewies at any time using the contact page on our website; and
(ii) closing your accounts for all of the Services which you use, where Cheeky Chewies has made this option available to you.
(c) All Goods and Services are non-refundable unless in accordance with these terms or where required by law or otherwise identified in any refund policy published by Cheeky Chewies in existence from time to time.
(d) Cheeky Chewies may at any time, terminate its legal agreement with you if:
(i) you have breached any provision of this agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or
(ii) Cheeky Chewies is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(iii) any third party regarding whom Cheeky Chewies offered the Services to you has terminated its relationship with Cheeky Chewies or ceased to offer the Services to Cheeky Chewies or you; or
(iv) you have not made payment as required for the Services;
(v) Cheeky Chewies is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(vi) the provision of the Services to you by Cheeky Chewies is, in Cheeky Chewies’s opinion, no longer commercially viable; or
(vii) for any other reason Cheeky Chewies in its reasonable discretion thinks fit.
(e) Termination of the agreement will result in an automatic revocation of any licence provided under it in relation to the Goods or the Services, unless otherwise agreed in writing with Cheeky Chewies.
(f) Nothing in this Section shall affect Cheeky Chewies’s rights regarding provision of Services under the Terms.
(g) When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Cheeky Chewies have benefited from (including any moneys owed for Services provided to you), been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
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11. Exclusion of liability
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(a) Nothing in these terms, shall exclude or limit Cheeky Chewies’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law or otherwise contained in any warranty identified in any additional terms. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
(b) You expressly understand and agree that your use of the services is at your sole risk and that the goods and services are provided "as is" and “as available.”
(c) In particular, Cheeky Chewies do not represent or warrant to you that:
(i) Your use of the services will meet your requirements,
(ii) All goods and services are in stock and available for purchase;
(iii) Any of the information or content you access using the services is accurate, reliable, or that any particular result or effect will be achieved by using the services or any of the content accessed or downloaded using the services,
(iv) Your use of the services will be uninterrupted, timely, secure or free from error or viruses,
(v) Any information obtained by you as a result of your use of the services will be accurate or reliable, and
(vi) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
(d) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
(e) No advice or information, whether oral or written, obtained by you from Cheeky Chewies or through or from the services shall create any warranty not expressly stated in the terms.
(f) Cheeky Chewies further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
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12. Limitation of liability
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(a) You expressly understand and agree that Cheeky Chewies, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(i) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(ii) Any loss or damage which may be incurred by you., including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services.
(iii) Any changes which Cheeky Chewies may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iv) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(v) Your failure to provide Cheeky Chewies with accurate account information;
(vi) Your failure to keep your password or account details secure and confidential;
(b) The limitations on Cheeky Chewies’s liability to you above shall apply whether or not Cheeky Chewies has been advised of or should have been aware of the possibility of any such losses arising.
(c) We shall not be liable to you for any delay or failure to perform or provide the services by reason of any circumstances beyond our reasonable control.
(d) To the extent permitted by law, in the event that Cheeky Chewies is found to be liable to you, our liability shall be limited to a refund of amounts paid by you to Cheeky Chewies, a replacement of the goods or services supplied, or re-performance of the services supplied.
13. Advertisements
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(a) Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
(b) The manner, mode and extent of advertising by Cheeky Chewies on the Services are subject to change without specific notice to you.
(c) In consideration for Cheeky Chewies granting you access to and use of the Services, you agree that Cheeky Chewies may place such advertising on the Services.
(d) Without limiting the effect of the above, Cheeky Chewies accepts no responsibility and will not be liable to you for any loss suffered by reason of the existence any advertising on the Services.
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14. Other content
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(a) The Services may include hyperlinks to other web sites or content or resources. Cheeky Chewies may have no control over any web sites or resources which are provided by companies or persons other than Cheeky Chewies.
(b) You acknowledge and agree that Cheeky Chewies is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
(c) You acknowledge and agree that Cheeky Chewies is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
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15. Changes to the Terms
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(a) Cheeky Chewies may make changes to the Terms from time to time. When these changes are made, Cheeky Chewies will make a new copy of the Terms available on any platform through which the Services are accessed. Cheeky Chewies shall not be required to otherwise notify you of any changes to the Terms, and you agree to be bound by the Terms as applicable from time to time.
(b) You understand and agree that if you use the Services after the date on which the Main Terms or Additional Terms have changed, Cheeky Chewies will treat your use as acceptance of the updated Terms.
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16. General
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(a) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
(b) The Terms constitute the whole legal agreement between you and Cheeky Chewies and govern your use of the Services (but excluding any services which Cheeky Chewies may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and Cheeky Chewies in relation to the Services.
(c) You agree that Cheeky Chewies may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
(d) You agree that if Cheeky Chewies does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Cheeky Chewies has the benefit of under any applicable law), this will not be taken to be a waiver of Cheeky Chewies’s rights and that those rights or remedies will still be available to Cheeky Chewies.
(e) If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
(f) No agency or partnership shall be construed to have been created by virtue of this agreement.
(g) You acknowledge and agree that each member of any company or entity to which Cheeky Chewies is directly affiliated (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
(h) The Terms, and your relationship with Cheeky Chewies under the Terms, shall be governed by the laws of the State of New South Wales (or Australia where applicable). You and Cheeky Chewies agree to submit to the non-exclusive jurisdiction of the courts located within the State of New South Wales (or Australia, where applicable) to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Cheeky Chewies shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief, interlocutory or final) in any jurisdiction.
(i) You acknowledge and warrant that you are of legal capacity and have obtained, or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. Cheeky Chewies shall not be liable for any breach of this warranty.