Terms & Conditions

OVERVIEW

This website is owned and operated by FIT & HEALTHY CHEF(ABN 39642285407). In these Terms, ‘us’, ‘we’ and ‘our’ means FIT & HEALTHY CHEF.

By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review these Terms carefully and immediately cease using our website if you do not agree to these Terms. 

We reserve the right to update, change or replace our Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  1. REGISTERING YOUR ACCOUNT 

    1. When you register and activate your account, you will provide us with personal information such as your name, email address, phone number, home or business address, delivery address and payment processing details. You must ensure that this information is accurate and current.

    2. We will handle all personal information we collect in accordance with our Privacy Policy.

    1. To create an account, you must be:

    1. at least 18 years of age;

    2. possess the legal right and ability to enter into a legally binding agreement with us; and

    3. agree and warrant to use the website in accordance with these Terms.

  1. ORDERING

    1. These Terms and any order form submitted to us (“Order Form”) shall form the entire agreement between you and us in relation to the Products. 

    2. When you place an order with us using our Order Form you will receive an acknowledgment form stating that we have received your order. This acknowledgment email does not mean that your order has been accepted and all orders are subject to acceptance by us which we will indicate by sending you an email confirming the Products ordered. 

    3. Where you purchase a subscription from the website you agree to pay the periodic subscription price on a weekly basis in advance for an indefinite period until the subscription is cancelled by you or us. If you wish to cancel your subscription you can do so by contacting us via the website. You must cancel your subscription at least 24 hours before the next periodic payment is due. 

    4. We reserve the right at all times to refuse, vary, limit or cancel any order you place with us. In the case that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or address/phone number provided at the time the order was made. 

    5. You agree to provide, complete and accurate account information for all purchases made. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    6. Once you have placed your Order it is not possible for you to alter the items that are subject of an Order and/or change the Delivery Address of that Order. 

    7. If you need to make a change or cancel an Order you have placed you must contact our support team at team@fitandhealthychef.com before 10:00pm (AEST) of the Tuesday prior to the date of the next scheduled delivery of your Order. We will do our best to accommodate any reasonable requests, but no refunds will be issued if we are unable to accommodate your request.

  1. MODIFICATIONS TO THE SERVICE AND PRICES

    1. Prices for our products are as displayed on the Website and are subject to change from time to time, except where the price displayed on the Website is an obvious error.

    2. We may change the prices for our products and deliveries without notice to you by altering the prices displayed on the Website. These price changes will not affect an order that has already been accepted by us, but will affect ongoing subscriptions from the next recurring periodic payment after the price change is displayed.

    3. We reserve the right at any time to modify or discontinue the Service without notice at any time.

    4. All prices are in Australian Dollars and include GST.

  1. DELIVERIES

    1. After ordering online you will receive an order confirmation, however your delivery is not guaranteed until you have received a confirmation of dispatch with details of the delivery date. Our delivery schedules are dependent on your delivery address. Delivery days and times are subject to temporary change during special events, public holidays and other externalities.

    2. Although we best endeavour to give you an approximate time of delivery, we are unable to give you an exact time due of delivery and your order may be delivered at any time after 12am on your scheduled delivery day. 

    3. The meals are delivered in a waxed box which should be immediately placed in your fridge following delivery.

    4. If you are not able to accept the delivery, the box will be placed at your doorstep at your own risk, and you should specify a secure location where you would like the delivery left and we will endeavour to leave the order at that location. No refund will apply for missing or stolen items after delivery. 

    5. Anyone at the delivery address who receives the goods will be presumed to be authorised to receive the goods.

    6. No refunds are granted on any cancelations on orders requested after cut off day associated with your delivery day.

    7. A delivery fee of $15.00 is payable for each Order which is delivered to you, if you wish to pick up your Order at a pick-up point a fee of $5.00 will apply.

    1. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. For example, accident during delivery service or property theft.

  1. PACKAGING AND PRODUCT FRESHNESS

    1. You are responsible for inspecting all Products for damage and are solely responsible for determining the freshness of Products.

    1. We aim to accurately display the products sold via the website and include accurate and up-to-date details regarding those products. At times, these pictures or the details displayed on our Website will differ from the products delivered to you.

 

  1. RETURN POLICY

    1. All risk and title in the products pass to you upon despatch. We will not be responsible for parcels lost or damaged in transit.

    2. Please email us at info@fitandhealtychef.com within 24 hours of delivery if you are not satisfied with your purchase so that we can resolve any problems. Any refund request made after this time will not be honoured.

    3. We do not offer any refund or return in relation to products that have been consumed after delivery or due to the expiry of perishable goods after delivery, in particular we accept no liability for expiry due to heat after delivery at the delivery address. 

    4. This refund policy does not apply to goods which have been consumed after delivery, or if any attempt has been made to alter the product or if they have been dropped or opened. You assume any risk of lost, theft or damaged goods during transit & therefore advise you take out shipment registration of insurance with your postal carrier.

    5. We do not offer refunds for any perishable products, or any product for which the reason for return is due to taste preferences. If you do not like the taste or preparation of a particular product, please contact our customer service team and we will do our best to offer an alternative product in your next delivery.

  1. ALLERGEN WARNING AND LABELS

    1. Our products are produced in facilities that also handle the following allergens; MILK, EGGS, SOY, SEAFOOD (including CRUSTACEANS), PEANUTS, SESAME SEEDS, SULPHITES, TREE NUTS and GLUTEN.Although some meals may not include these ingredients, it is not possible to guarantee the total absence of these allergens.

    2. The Ingredient List and Nutritional Labels are produced for all of our products prior to your order and are intended to be general in nature. If you have requested your product to be 

    3. personalised or altered in any way, the Ingredient List and Nutritional Labels will not reflect this changes. 

    4. All our meals are portion and calorie-controlled, due to this the weight of your order may vary by up to 20g from the advertised net weight.

    5. Vegetables used in all our meals are seasonal and thus subject to change due to availability, without prior notice.

  1. GENERAL CONDITIONS

    1. The purpose on this site is provided for general information only; we do our best to ensure that the information displayed is accurate but do not warrant that the information on this site is accurate and up to date.

    2. We reserve the right to modify this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

    3. You must not transmit any worms or viruses or any code of a destructive nature.

    4. A breach or violation of any of the Terms will result in an immediate termination of your Services.

  1. THIRD PARTY PAYMENTS

    1. We use third party payments providers to process all payments made through the website. Your credit card details are NOT stored on our servers at any stage of the transaction and the third party payment processor will store and process this data according to their terms. Once the credit card details have been sent to our financial institution, they are no longer known to our system.

  1. PRIVACY POLICY.

    1. In order to deliver the products and services offered by the website we may collect personal information such as your name, mailing/street address, email address, telephone or other contact details and any other information that you provide to us directly through the website or indirectly through customer surveys or referral programs.

    2. We collect this information when you register an account with us, interact with our website or engage in communication with our representatives.

    3. We collect this personal information to provide you with access to our goods and services, to assist with operating and optimising the website, to send you relevant administrative communications, to send you marketing and promotional messages and other information that may be of interest to you and to comply with our legal obligations.

    4. In the course of providing the products and services we may disclose your personal information to our employees, agents, professional advisors, payment system gateways, our existing or potential agents, delivery contractors or companies and anyone to whom our assets or business (or part thereof) are transferred. 

    5. We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

    6. We will not disclose or share your personally identifiable information to any third parties for marketing or any other purpose without your prior consent, unless required by law. 

    7. Our website may contain links to websites operated by third parties. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, regarding third-party products should be directed to the third-party.

    8. If you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out in these terms. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take. 

  1. USER COMMENTS & FEEDBACK

    1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

    1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

    2. using this website to defame or libel us, our employees or other individuals;

    3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;

    4. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. 

    1. We have no obligation to monitor, edit or remove content that may be unlawful, offensive, threatening, defamatory or in breach of these Terms of Service but reserve the right to take down any submitted content.

  1. PROMOTIONS AND COMPETITIONS

    1. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

  1. INTELLECTUAL PROPERTY

    1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). 

    2. Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

    3. When you submit any comment, feedback or other content to the website (“User Submitted Content”) you warrant that the intellectual property subsisting in the User Submitted Content is owned by you at the time of submission and grant to us an irrevocable, worldwide, royalty-free licence to use the User Submitted Content in any way for our commercial purposes.

    4. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

    5. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. 

  1. WARRANTY

    1. We warrant to you that the products purchased from us through the website will be (at the time of delivery):

      1. in conformity with the description displayed on our website;

      2. be of satisfactory quality; and

      3. be reasonably fit for purpose. 

    2. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the website or the products ordered via it, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

    3. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. 

  1. LIMITATION OF LIABILITY

    1. To the full extent permitted by the Australian Consumer law, our liability in respect of the supply of the product and under these terms is limited to:

      1. Replacement or resupply of the relevant product(s); or

      2. Payment of the cost or such replacement or resupply. 

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION

  1. EMAIL COMMUNICATIONS

    1. As a customer of Fit & Healthy Chef, you will receive email communications from us that relate to the services we provide to you, and you will have the option to opt-out of all non-essential email. If you have any questions about our privacy policy, please feel free to contact us at info@fitandhealthychef.com

  1. Jurisdiction and governing law

    1. Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.