Red Claw Seafoods Pty Ltd General Terms & Conditions Users
PART 1 – INTRODUCTION
1.1 Red Claw Seafoods Pty Ltd (ACN 150 532 120) (“Red Claw Seafoods”) operates an online ordering platform at this website (“Site”) for users (“You”) to purchase food, beverages (including alcohol) and retail products (Products) which can be collected by or delivered to You.
1.2 This Site is only intended for use by people residing in Australia or people who maintain an Australian Bank account.
PART 2 – TERMS
2.1 You are required to comply with these terms and conditions and any Red Claw Seafoods policies (Policies) (together, the Terms) to access or use the Site, platform, content, Products and Red Claw Seafoods Services.
2.2 You agree to the Terms when You access and use the Site. You may not access or use the Site if You do not agree.
2.3 The Terms that apply are those that are published at the time of your access or use of the Site. Red Claw Seafoods reserves all rights to alter the Terms from time to time and at its sole discretion.
2.4 Before using this Site You are required to be aware of and comply with the Terms that apply at the time You use or access the Site.
2.5 Red Claw Seafoods reserves all rights, acting reasonably, to restrict, suspend or terminate You from accessing or using Red Claw Seafoods Services, or any part of those services, at its sole discretion, immediately and without notice to You on the following grounds: (a) You have or are likely to breach the Terms or Policies; (b) You do not or are likely not to meet one or more of the requirements or conditions set out in the Terms or Policies; (c) You do not or are likely not to qualify under one or more of the requirements or conditions to use the Red Claw Seafoods Services at law.
2.6 Otherwise Red Claw Seafoods reserves all rights, acting reasonably, to restrict, suspend or terminate You from accessing or using Red Claw Seafoods Services, or any part of those services, at its sole discretion, by giving You written notice for any legitimate business, legal or regulatory reason.
PART 3 – RED CLAW SEAFOODS SERVICES
3.1 Red Claw Seafoods provides You access and use of the Site and online ordering platform to: (a) Search for, order and pay for Products; and (b) arrange collection or delivery of Products (“Red Claw Seafoods Services”).
3.2 Red Claw Seafoods Services are for your personal, non-exclusive, non-commercial, non-transferable use.
3.3 Red Claw Seafoods Services are only available for use by persons 18 years of age or over.
3.4 You must comply with Red Claw Seafoods Alcohol Policy in respect of the ordering, purchase, collection or delivery of alcohol.
3.5 You agree to receive promotional emails, text messages or other communications in connection with your use of Red Claw Seafoods Services.
PART 4 – ORDERING
4.1 You are able to order Products from Red Claw Seafoods for collection or delivery.
4.2 Where your order is to be collected, You must collect your order from Red Claw Seafoods at the days and times notified by Red Claw Seafoods at the time of ordering or at such other day and time as You agree. Any orders that are not collected by You will remain available for your collection until such date the order is determined as spoiled by Red Claw Seafoods in its sole discretion.
4.3 Where your order is to be delivered, it will be allocated to the next available delivery date in accordance with delivery schedules.
4.4 Orders will not be delivered on Mondays, Tuesdays, Wednesdays, Sundays or public holidays and delivery dates may be subject to availability.
4.5 If You order a Product that is unavailable at the time of collection or delivery to You, Red Claw Seafoods will contact You to make alternate arrangements (suitable to You) or refund the price of the Product that is unavailable.
PART 5 – DELIVERIES
5.1 You are able to order Products from Red Claw Seafoods for collection or delivery (delivery charges apply).
5.2 Deliveries will be made by Red Claw Seafoods or its External Provider/Agent who will endeavour to have your order to You between 9am – 6pm on the delivery day.
5.3 Deliveries will be made by Red Claw Seafoods (or its External Provider/Agent), using reasonable endeavours, to the address nominated by You. You must answer calls on your mobile number on the delivery date to facilitate contactless delivery. You agree that if You are not at the nominated address at the time of delivery, the delivery will be left unattended at the entrance to your property.
5.4 If your nominated delivery address is an apartment, unit or other secured building You must answer calls on your mobile number on the delivery date to facilitate contactless delivery. Red Claw Seafoods (or its External Provider/Agent) will not enter your building. You agree that if You are not at the nominated address at the time of delivery, the delivery will be left unattended at the entrance to your building.
5.5 Red Claw Seafoods determines, at its sole discretion, the locations to which Products can be delivered. There is no guarantee that Red Claw Seafoods will deliver to your location or postcode.
5.6 Once the delivery has been made, You are responsible for ensuring any Products are maintained within safe temperature levels. Red Claw Seafoods will not be responsible for any loss (including theft) of delivered Products or their spoilage following delivery.
5.7 You acknowledge and accept that your use of the Red Claw Seafoods Services may require Red Claw Seafoods to engage one or more External Providers/Agents in order to deliver the Red Claw Seafoods Services and You agree to Red Claw Seafoods’ use of External Providers/Agents at its sole discretion.
5.8 The Products will be at your risk at the time of delivery to You.
5.9 Ownership of the Products will only pass to You when we receive full payment of all sums due in respect of the Products, including delivery charges.
PART 4 – YOUR OBLIGATIONS
6.1 When accessing and using the Site to order and purchase Products, You warrant that: (a) You are legally capable of entering into binding contracts; (b) You are 18 years of age or over; (c) You are the registered card holder or You have express authority from the card holder when making payment for an order by credit card; and (d) You are the account owner.
6.2 You agree to comply with all applicable laws and for lawful purposes when accessing or using Red Claw Seafoods Services.
6.3 You may be asked to provide proof of identity/age to access or use Red Claw Seafoods Services or to collect or receive delivery of Products (including alcohol). You acknowledge that You may be denied access or use, collection or delivery if You refuse to provide proof of identity/age upon request
6.4 Some of the Products available to purchase on the Site will not be suitable for persons with allergy and dietary requirements. You acknowledge that it is your responsibility to determine what Products are suitable for You.
PART 7 – FEES AND PAYMENTS
7.1 The price of the Products and our delivery charges will be as quoted on the Site from time to time, except in cases of obvious error.
7.2 All prices include GST (goods and services tax) and are quoted in Australian dollars.
7.3 We may change Product prices and delivery charges at any time, but changes will not affect confirmed orders.
7.4 Payment for all Products must be by credit card. Red Claw Seafoods accepts payment with Visa, Mastercard, American Express or JCB.
7.5 Orders will be allocated for fulfilment once full payment has been cleared. If the card payment is declined by your issuer for any reason, Red Claw Seafoods cannot hold or allocate your order.
7.6 You will be provided a receipt (and, where requested, a tax invoice) in respect of Products purchased from Red Claw Seafoods.
PART 8 – COMPLAINTS AND REFUNDS
8.1 You may make a complaint or request a refund to Red Claw Seafoods.
8.2 Red Claw Seafoods will manage requests for refunds in accordance with the Red Claw Seafoods Refund Policy and the Australian Consumer Law.
8.3 If You have concerns with a Product purchased You should report the concern to Red Claw Seafoods as soon as You become aware of any problem.
8.4 To the extent permitted by law, Red Claw Seafoods limits its liability, at the option of Red Claw Seafoods, to the replacement or resupply of a purchased Product.
8.5 Red Claw Seafoods will not offer a refund or return where You change your mind in respect of any purchase of a Product.
8.6 This Part is not intended to exclude, restrict or modify any of your consumer guaranteed rights under the Competition and Consumer Act 2010 (Cth) and corresponding provisions of State or Territory legislation.
PART 9 – OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY
9.1 You acknowledge that: (a) Red Claw Seafoods is the owner or licensee of all rights, title and interests, including Intellectual Property Rights, in the Site and its content; (b) The Site and its content are protected by copyright, trade mark or other Intellectual Property Rights and laws; (c) You will not use, or claim any ownership rights over Red Claw Seafoods’ Intellectual Property Rights, unless You are expressly permitted, nor will You challenge Red Claw Seafoods’ ownership rights over Red Claw Seafoods’ Intellectual Property Rights; (d) You will not infringe any of Red Claw Seafoods’ or any External Provider’s Intellectual Property Rights; and (e) You will not copy, reproduce, republish, or otherwise use, the Site or its content in any way except for your own personal, non-commercial use, as permitted by law.
PART 10 – WARRANTIES
10.1 Consumers have certain rights under the Australian Consumer Law, including consumer guarantees, which cannot be excluded at law, and the corresponding provisions of State or Territory legislation containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances. Nothing in these Terms operates to exclude those rights.
10.2 To the extent permitted by law You acknowledge and accept that your use of the Site and Red Claw Seafoods Services: (a) is at your own risk; (b) is on condition that You have power and authority to purchase the Products You order under these Terms; (c) is on condition that Red Claw Seafoods makes no warranties as to the suitability or fitness of the Site, the Products or Red Claw Seafoods Services for You; (d) is on condition that Red Claw Seafoods makes no warranties as to the reliability, correctness and accuracy of the information or content contained on the Site, or the availability of the Site or Red Claw Seafoods Services; (e) is on condition that Red Claw Seafoods will not be liable to You or any third party in connection with the Site, its contents or Red Claw Seafoods Services, or any Products obtained by You through the Site, including with respect to any claim, proceeding, suit or demand that is made, threatened or commenced against Red Claw Seafoods by a third party (including an External Provider or Customer) relating to your use of the Site or Red Claw Seafoods Services; and (f) You will use reasonable endeavours to mitigate any loss, damage, liability, expenses and costs suffered by You under or arising out of your use of the Site or Red Claw Seafoods Services.
10.3 To the extent permitted by law, Red Claw Seafoods is not responsible for, nor gives any warranty in respect of any Products or other materials ordered, purchased, collected or delivered by Red Claw Seafoods or used by You which gives rise to: (a) any damage suffered by You or any person using or consuming any Products purchased or delivered by Red Claw Seafoods, including any allergy or intolerant reaction; and (b) loss (including theft or damage) of Products or their spoilage following delivery, including where You or a third party improperly handles or stores the Products after delivery.
PART 11 – LIMITATION OF LIABILITY
11.1 If we fail to comply with these terms and conditions, to the maximum extent permitted by law, Red Claw Seafoods will only be liable to repay to You the purchase price of the Products.
11.2 To the maximum extent permitted by law, You agree that Red Claw Seafoods will not be liable for any damage or loss suffered by You as a result of Red Claw Seafoods’ inability to provide the Site and/or Red Claw Seafoods Services and/or to carry out its obligations under these Terms caused by any of the following: (g) a malfunction or error of the Site and/or Red Claw Seafoods Services arising from, or caused by, a third party or event in respect of which Red Claw Seafoods has no control; (h) an inability of Red Claw Seafoods to provide access to the Site and/or Red Claw Seafoods Services (in whole or in part) caused by or arising from your actions; (i) the occurrence of a Force Majeure Event; (j) orders or directions from government or judicial institutions to halt business activities; (k) a breach of these Terms by You; (l) use or reliance on the Site and/or Red Claw Seafoods Services in contravention of this Agreement; and (m) the use of the Site and/or Red Claw Seafoods Services by unauthorised third parties not due to a breach by Red Claw Seafoods of this Agreement.
11.3 To the maximum extent permitted by law: (a) the Site and Red Claw Seafoods Services are provided “as is” and all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) that are not expressly contained in these Terms are excluded; and (b) the liability of Red Claw Seafoods to You for any claims under, arising from, or in relation to a term or condition in these Terms or its subject matter, regardless of the form of action (including in contract, tort (including negligence), product liability, competition and consumer protection legislation, statute or regulation, breach of warranty or other legal or equitable grounds (“Claims”), is limited to maximum total Claims by You equal to the price paid by You for the Product on which the cause of action of the Claims accrued.
11.4 You will use reasonable endeavours to mitigate any loss, damage, liability, expenses and costs suffered by You under or arising out of these Terms.
11.5 If any term is implied into this Agreement or applies by operation of law (which may include the Competition and Consumer Act 2010 (Cth) and corresponding provisions of State or Territory legislation) and cannot be excluded but Red Claw Seafoods is able to limit its liability for a breach of term the liability of Red Claw Seafoods is limited, to the extent permitted by law to: (a) in the case of goods: the replacement of goods; or the supply of equivalent goods and (b) in the case of services: the supply of the services again or the payment of the cost of having the services supplied again.
11.6 You indemnify Red Claw Seafoods and undertake to keep Red Claw Seafoods indemnified (and to hold Red Claw Seafoods harmless): (a) against any claim, proceeding, suit or demand that is made, threatened or commenced against Red Claw Seafoods by a third party (including an External Provider or Customer); and (b) make good against any liability, loss, damage or expense (including legal costs on a full indemnity basis), or any monies paid by Red Claw Seafoods to a third party or Customer to settle or compromise a claim or demand; which Red Claw Seafoods incurs or suffers, as a direct result of your use of the Site or Red Claw Seafoods Services, including where your use results in the corruption or loss of your or Red Claw Seafoods’ Data, a breach of Red Claw Seafoods’ Intellectual Property Rights, or a breach of the rights, title or interests of an External Provider, third party or Customer.
11.7 Red Claw Seafoods will use its best efforts to ensure that the information and content provided on the Site is up to date. However, Red Claw Seafoods does not warrant or represent that the information, content and material displayed on the Site is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
11.8 You acknowledge that all Products listed on the Site are described by Red Claw Seafoods to the best of its ability. All care is taken to ensure that all Product information is correct, but Red Claw Seafoods cannot eliminate the possibility of error.
11.9 To the extent permitted by law, Red Claw Seafoods accepts no responsibility for the information or content (including advertising material) posted to the Site by third parties (or External Providers), including (without limitation), any error, omission or inaccuracy.
11.10 Red Claw Seafoods reserves the right to vary, modify, change or discontinue any feature or part of this Site and the hours of availability, without notice and without liability.
PART 12 – CONTACTS
12.1 You may contact us at email@example.com.
12.2 All complaints or refund requests or disputes are to be lodged at firstname.lastname@example.org in writing, explaining the relevant details.
PART 13 – GENERAL CONDITIONS
13.1 The laws of New South Wales govern these Terms.
13.2 In the case of the happening of any such Force Majeure Event, the time for Red Claw Seafoods’ performance this Agreement will be extended for any period during which performance is prevented by the event.
13.3 Any provision of these Terms which is prohibited, unenforceable or invalid in whole or in part is only ineffective to the extent of that it is prohibited, unenforceable or invalid and does not affect the remaining provisions, which will continue in full force and effect.
PART 14 – DEFINITIONS
14.1 In this Agreement, unless the context otherwise requires or permits:
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “
“Confidential Information” means any confidential, proprietary or other non-public information disclosed by one party (the disclosing party) to the other (the receiving party), whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information does not include information that: (a) was previously known to the receiving party without an obligation of confidentiality; (b) was acquired by the receiving party without any obligation of confidentiality from a third party with the right to make such disclosure; or (c) is or becomes publicly available through no fault of the receiving party. Confidential Information means, in respect of each party (a “Disclosing Party”), all: (a) information which is proprietary to, about or created by the Disclosing Party including, without limitation, any business plans, pitches, marketing, branding, forecasts, staffing, recruitment and all other information which is used or created by the Disclosing Party in relation to its business; (b) information which relates to any actual or potential business, property or transaction (including this Agreement) in which the Disclosing Party may be or has been concerned or interested or information the disclosure of which could be detrimental to the interests of the Disclosing Party; (c) information which is designated as being Confidential Information by the Disclosing Party; (d) information which from all the relevant circumstances could reasonably be assumed by the other party to be confidential and proprietary to the Disclosing Party or to any third party with whose consent or approval the Disclosing Party uses that information; (e) any such information which is commercially sensitive or price sensitive; and (f) the provisions and subject matter of this Agreement.
“Customer” means a user, client or customer of Red Claw Seafoods (or an External Provider), including a user of the Site and/or user, purchaser or consumer in respect of Red Claw Seafoods Services.
“Data” means all data and information (whether or not Confidential Information) that is provided to or collected by Red Claw Seafoods in connection with the provision of the Platform or Red Claw Seafoods Services relating to You and its operations, business, Customers, Suppliers, distributors, personnel, consultants, advisors, assets and transactions in whatever form such information may exist and which is provided to or collected by Red Claw Seafoods in relation to this Agreement, and includes any: (a) data or information relating to your goods or services, such as your product and rate plans, product information, codes, facts, figures, pictures, graphics, images and any other materials; (b) data that is generated in respect of your use of the Platform and/or Red Claw Seafoods Services, with respect to the sale and/or marketing of your goods and/or services, Customer lists, correspondence with Customers and transactions and other reports that You can generate using the Platform; (c) data or information belonging to You, such as any formulas, algorithms, methodologies, statistics, measurements or notes that are provided by You to Red Claw Seafoods; (d) data or information relating to your Customers, such as Personal Information, Sensitive Information and contact details, billing details and details regarding the Customer’s use and consumption of your goods or services; (e) such data or information provided by, or collected from, a third party at your direction or request; (f) database in which such data or information is contained; (g) documentation or records related to such data or information; and (h) products resulting from the use or manipulation of such data or information, regardless as to whether such data or information is provided by, or collected from, You and/or your Suppliers.
“External Provider” means any third party that provides goods and/or services that are used to facilitate: (a) the provision of the Site or Red Claw Seafoods Services by Red Claw Seafoods; and/or (b) the use of Red Claw Seafoods Services by You.
“Force Majeure Event” means strikes, lock-outs, or other labour disputes, riots, civil disturbance, actions or inaction of governmental authorities, epidemics, wars, embargoes, storms, floods, fires, earthquakes, acts of God or the public enemy, computer downtime, disruptions to public utilities, nuclear disasters or default of a common carrier.
“GST” means the Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).
“Intellectual Property Rights” means all present and future rights conferred by Law in or in relation to copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions and Confidential Information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include: (a) all rights in all applications to register these rights; (b) all renewals and extensions of these rights; and (c) all rights in the nature of these rights, excluding moral rights.
“Law” means any law (including subordinate or delegated legislation or statutory instruments of any kind) and also any judgment, order, policy, guideline, official directive or request (even if it does not have the force of law) of any government agency or regulatory body, including a stock exchange, applicable to any of the parties, as amended or replaced from time to time.
“Location” means the physical address at which You request delivery.
“Marks” means any trademarks, service marks, trade names, Business Names, copyrights, logos, slogans and other identifying symbols and indicia (both registered and unregistered) of the applicable party and any Intellectual Property Rights in them.
“Order” means the selection, ordering and purchase of Products by You in a single transaction.
“Personal Information” has the same meaning as is defined in the Privacy Act.
“Privacy Act” means the Privacy Act 1988 (Cth).
“Red Claw Seafoods Policies” means the policies of Red Claw Seafoods that apply to the use of the Site and/or Red Claw Seafoods Services, as amended from time to time, including the Alcohol Policy and Refund Policy.
“Sensitive Information” has the same meaning as is defined in the Privacy Act.
“You” includes your agents, representatives, advisors, subcontractors, executors, administrators, directors, employees, assignees and successors.
14.2 In this Agreement, unless the context otherwise requires or permits: (a) where any word or phrase is given a defined meaning, then other parts of speech and grammatical forms of that word or phrase will have a corresponding meaning; (b) the use of headings, underlining or marginal notes are included for convenience and ease of reference only and do not affect interpretation of this Agreement; (c) references to the singular includes the plural and vice versa; (d) reference to parties means the parties to this Agreement and to a party means a party to this Agreement; (e) references to a party will include as the context requires that party’s respective agents, representatives, advisors, subcontractors, executors, administrators and successors; (f) references to a successor to a party includes its successors, assigns and licensees and all further successors, assigns and licensee of the relevant party or such successors, assigns or licensees; (g) references to a person includes any other entity recognised by law; (h) references to any legislation or legislative provision will include modifying, consolidating, or replacing legislation or legislative provisions; (i) the words “including” and “includes” and similar words are not words of limitation;
Red Claw Seafoods Refund Policy
- Red Claw Seafoods will manage refunds to Customers in relation to the Products: a) sold by Red Claw Seafoods; and b) delivered to Customers by Red Claw Seafoods. where the Customer approaches Red Claw Seafoods directly with a claim for a refund.
- Red Claw Seafoods will manage refunds in accordance with the terms of this Refunds Policy and in accordance with the Australian Consumer Law.
- When a Customer makes a claim for a refund Red Claw Seafoods will review the Customer’s claim and: a) determine on the basis of the information provided in the Customer’s claim and using its records and information, whether the claim is genuine (and not fraudulent); b) determine on the basis of the information provided in the Customer’s claim, Red Claw Seafoods’ records and information, together with any information provided by any External Provider/Agent, whether the claim arises as a result of a failure by either of Red Claw Seafoods or the External Provider/Agent to comply with the applicable party’s obligations, including its contractual or statutory obligations; c) make a determination on whether the Customer claim is a ‘minor problem’ or a ‘major problem’ for the purposes of the Australian Consumer Law.
- If Red Claw Seafoods makes a Claim Determination that the Customer’s claim is a ‘minor problem’ Red Claw Seafoods will seek to resolve the claim with the Customer to the Customer’s satisfaction and will liaise with the Customer to determine whether any non-monetary or in kind compensation may be provided to resolve the Customer’s claim.
- If Red Claw Seafoods makes a Claim Determination that a Customer’s claim is a ‘minor fault’ that requires financial compensation to be paid to the Customer or a ‘major fault’ that requires a refund to be paid to the Customer, Red Claw Seafoods will pay the Customer the refund directly.
- Red Claw Seafoods will use its best endeavours to make Claim Determinations objectively and based on the information before it.
RED CLAW SEAFOODS ALCOHOL POLICY