Welcome to Wholesome Kitchen. These Terms and Conditions apply whenever you access our website, regardless of how or where you access the website.
Access to the Wholesome Kitchen website and all purchases made from the Wholesome Kitchen website is conditional upon your reading and accepting all of the terms and conditions in, and linked to, the Terms of Use, Terms of Service and Privacy Policy, as they exist at that time. These Terms and Conditions are subject to change at the sole discretion of Wholesome Kitchen.
DEFINED TERMS
You: "You" or "Your" means the person using Our Website.
Your Account: "Account", "Your Account", or "Account Area" means the password protected area of this website that lets You manage Your personal details.
Us: "Us", "Wholesome Kitchen Pty Ltd", "Wholesome Kitchen", "Wholesomekitchen.com.au", "We" or "Our" means Wholesome Kitchen Pty Ltd or any of its subsidiary companies.
Our Service: "Our Service", "The Service" means fresh produce delivered to the customer’s requested address.
Our Website: "Our Website", "Wholesome Kitchen Website" or "Wholesomekitchen.com.au" means Wholesomekitchen.com.au.
Terms: "The Terms of Use", "These Terms of Use", "The Terms", or "These Terms" refers to the Terms and Conditions outlined in this document.
Customer: "The Customer", or "Customer" refers to an individual who has purchased a product or products from Us.
PRIVACY
We work hard to make sure that any personal information You share with Us remains private. For full details of how We respect your personal information, please read our privacy policy.
LICENCE AND WEBSITE ACCESS
Wholesome Kitchen grants You a limited license to access and make personal use of Our Website. You are not permitted to use Our Website for commercial purposes without written permission from Us. You are not permitted to take, or copy text, images, logos, videos, code, or data from Our Website without written permission from Us.
We also do not permit reproduction, or embedding Our Website, text, images, logos, videos, code or data into other websites or applications without Our written permission.
We definitely do not permit the use of Our Website for committing crimes, including fraud. We reserve the right to deny permission to access Our Website at any time.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Our Website so long as the link does not portray Wholesome Kitchen, its affiliates, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Wholesome Kitchen logos or other proprietary graphics or trademarks as part of the link without express written permission from Us.
COPYRIGHT
All content on Our Website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Wholesome Kitchen or its content suppliers, and is protected by Australian and international copyright and trademark laws.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website is provided by Wholesome Kitchen on an "as is" and "as available" basis. Wholesome Kitchen makes no representations or warranties of any kind, expressed or implied, as to the operation of Our Website.
To the full extent permissible by applicable law, Wholesome Kitchen disclaims all warranties. Wholesome Kitchen does not warrant that Our Website, its servers, or e-mails sent from Wholesome Kitchen are free of error, viruses or other harmful components. Wholesome Kitchen will not be liable for any damages of any kind arising from the use of Our Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
To the extent that liability cannot be excluded, the liability of Wholesome Kitchen, its directors, officers, and employees are limited to the cost of the service Wholesome Kitchen provides to The Customer.
To the greatest extent possible by law, The Customer must indemnify and hold harmless Wholesome Kitchen, its officers, employees, agents and related companies (Indemnified Persons) against all liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified Persons in connection with the provision of all Wholesome Kitchen Services, except the liability arising from the negligence or default of any of the Indemnified Persons.
Terms of Service
COMMUNICATIONS
When You visit Our Website, send e-mails to Us or communicate via Your Account, You consent to communicating with Us electronically and agree that all such communications (including agreements, notices, disclosures, etc.) satisfy all legal requirements to be in writing.
We will communicate with You by e-mail, SMS, or by posting notices on Our Website and social media channels. Wholesome Kitchen reserves the right not to respond to any queries that are not sent via email.
You can elect to discontinue all future correspondence from Wholesome Kitchen at any time by requesting Us to close and remove Your Account. Wholesome Kitchen will not be responsible for any loss of data or resulting from your selection to close or remove Your Account.
YOUR ACCOUNT
If You use Our Website, You are responsible for maintaining the confidentiality of Your Account and password, and for restricting access to Your devices. You agree to accept responsibility for all activities that occur under Your Account. To protect your personal details, we recommend that You do not disclose your password to anyone, including family members and friends.
Wholesome Kitchen will not be held responsible for any access gained by third parties to your personal Profile, whether the login details were provided by You or were otherwise obtained.
INFORMATION PROVIDED BY YOU
You are responsible for verifying that the information You provide when ordering from the Wholesome Kitchen Website. We will not check, verify or assume responsibility for the accuracy or completeness of such information. Information You provide is forwarded directly to our internal teams as part of Your order and our delivery service.
PROVISION OF SERVICE
Upon creating Your Account, You are able to purchase items offered by Us. Upon payment, We will endeavour to have your order delivered to You within the time frame provided.
However, in certain cases this may take longer, depending on delivery times.
Our Service is deemed 'complete' when We have delivered your order to the nominated address.
TYPES OF SERVICES
Wholesome Kitchen offers a simple service enabling Customers to select and order produce from our site and have it delivered to a nominated address.
Upon completing an order on Our Website, Your order will be submitted to our packaging team to be prepared for delivery.
Before making a payment for an order, You will have an opportunity to review all the details You have provided on your screen and make changes if necessary. If You have made an error, it is important that You correct it before proceeding. Once You have confirmed the details, You will be prompted to enter your credit card details for payment.
If You find out later that You have made a mistake, You must contact our team via phone to rectify the order immediately. An email is insufficient as the order may already be on its way for delivery, and as such, telephone communication will be much faster and ensure that the mistake is corrected immediately.
NO GUARANTEE OF PRODUCE
While We endeavour to fulfil all orders to the best of our ability, Wholesome Kitchen is not always able to guarantee all items on our site due to seasonality. Some produce is only available for some parts of the year and while we will try to give ample notification of produce availability, there will be times where unavailability cannot be helped.
REFUND POLICY
As soon as payment is received, You are deemed to have engaged the Services of Wholesome Kitchen.
You may be entitled to a refund if:
- You cancel an order before the order has been processed.
- The order was not delivered.
- The order was delivered, but not within the timeframe promised.
- The order was delivered, but the produce was not in top condition
In cases where We have been unable to deliver the order within the selected time frame, we will still deliver the order, but will also provide a full refund.
In the event of a refund of a payment by credit card, funds will be returned to the credit card that was used for Your payment. If this card is no longer valid, You will be responsible for making arrangements with Your bank or credit provider to have the funds transferred.
INTERNAL COMPLAINTS PROCEDURE
Wholesome Kitchen is genuinely committed to providing Customers with the highest standard of service. Our complaint handling process is designed to ensure that Customers' concerns are treated seriously and addressed promptly and fairly.
All complaints must be submitted in writing via email at support@wholesomekitchen.com.au All such written complaints will be acknowledged in writing. Upon receipt of the complaint, a detailed review will be conducted and a response will be provided to You within 7 business days. All Customers will receive written notification of any investigation undertaken and the resolution achieved.
PRIVACY AND RELEASE OF INFORMATION
Wholesome Kitchen is bound by the Privacy Act 1988 (Cth) (Privacy Act). Accordingly, Wholesome Kitchen takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by Wholesome Kitchen from misuse and loss and from unauthorised access, modification or disclosure.
Wholesome Kitchen may use and disclose The Customer's personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.
In general, Wholesome Kitchen will disclose The Customer's personal information for the following purposes:
- to conduct Our business;
- to provide and market Our services;
- to communicate with The Customer;
- to comply with Our legal obligations; and
- to help Us manage and improve Our services and products
Subject to the exceptions set out in the Privacy Act, The Customer may gain access to the personal information which Wholesome Kitchen holds about them by sending a message via email.
Due to privacy laws, We are unable to discuss Your personal details with any third party enquiring on your behalf (including family) unless You provide your written consent authorising Us to do so.
Please review Our Privacy Policy, which also governs your visit to Wholesome Kitchen, to understand Our practices.
GOVERNING LAW
The Terms shall be governed by the laws of Victoria, Australia. The Courts of Victoria shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with These Terms of Use.
GENERAL
No person has been authorised to give any representations on behalf of Wholesome Kitchen in regards to the subject matter or The Terms within These Terms of Use. Headings in These Terms are for convenience only and do not affect the interpretation of These Terms.
Wholesome Kitchen may vary any of These Terms and any other information relating to our produce and services at any time, and your subsequent use of Our Website will be governed by the varied Terms.
In the event that any of the provisions of These Terms are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.
LINKS
Our Website contains links to other sites. Please be aware that We are not responsible for the accuracy or the privacy practices of other such sites. We encourage You to be aware that when You leave Our Website, You should read the privacy statements of each and every website that collects identifiable personal information. This privacy statement applies solely to information collected on Our Website.
