1.1 This policy (together with the documents referred to on it) sets out the terms and conditions on which Marley Spoon PTY LTD ACN 603 969 571 (Dinnerly, we or us) will supply to you the products (Products) listed on our website www.dinnerly.com.au. (Website)
1.2 Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1.3 You should print a copy of these terms and conditions for future reference.
1.4 You should also review our Privacy Policy before registering for a Marley Spoon account.
4.1 After placing an order for Products using our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order of Products constitutes an offer to us to purchase a flexible subscription to Dinnerly’s Product offerings. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Products have been ordered (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 By placing an order for Products using our standard order form, you agree to pay recurring periodic subscriptions until cancelled by you or us, as laid out in these terms. Depending on the post code of your delivery address, you can skip or make changes to your order up to 5 or 6 days before your delivery day (each the “cutoff time”). The hour of the cutoff time is 11:59pm in the timezone in which you are located.
4.3 If you wish to cancel your first order, you must contact our Customer Service team. Simply canceling your membership will not result in the automatic cancellation of your first order. For all subsequent orders, you are able to skip or make changes yourself in your account area.
4.4 Cancellation or pausing of your membership after the required cutoff time will result in a full charge for unskipped orders.
4.5 We reserve the right to bring the cutoff time forward by up to 48 hours for certain periods throughout the calendar year, in particular to manage the workload around national public holidays. We will give you at least 7 days’ advance notice of such extension before the first effected cutoff time.
4.6 Cancelling your flexible subscription is easy. You can do so over the phone by calling Dinnerly on 02 9056 7570 or by e-mailing hi@dinnerly.com.au.
4.7 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
5.1 For a given week, you may choose to supplement your order by adding one or more individual items from the ‘Market’ section of our Website (if available for your postcode) (Market Items).
5.2 Market Items are only available as additions to a flexible subscription order; they cannot be purchased as standalone items.
5.3 Any Market Items added by you form part of your order for the relevant week.
5.4 Market Items will be delivered with your order during the relevant week only; they do not form part of your flexible subscription and will not be delivered on a recurring basis.
5.5 The price charged to you in respect of any Market Items will be added to the price of your order for the relevant week.
5.6 The addition of any Market Items to your order will not result in additional delivery charges.
5.7 The rules set out in these terms and conditions regarding edits, skips, cancellations and cut-off times for an order apply equally to any Market Items included in that order.
6.1 For your first order, we may perform a pre-authorization on your payment card when you edit and save your order.
6.2 This pre-authorization applies only to card payments and not to other payment methods.
6.3 The pre-authorization amount will be for the full value of your first order.
Purpose and Effect
6.4 The pre-authorization is used to verify the validity of your card and to ensure sufficient funds are available.
6.5 No actual charge will be made to your card at the time of pre-authorization.
6.6 The pre-authorization may appear as a pending transaction on your card statement.
Duration and Release
6.7 The pre-authorization will typically be held for 7 days or until your order is processed, whichever comes first.
6.8 If your order is not processed within this timeframe, the pre-authorization will be automatically released.
6.9 Release times may vary depending on your card issuer’s policies. For specific information about release times, contact your card issuer.
Changes to your Order or Payment Method
6.10 If you modify your order after the initial pre-authorization, a new pre-authorization may be performed.
6.11 If you change your payment method, the original pre-authorization will be released, and a new pre-authorization may be performed on the new payment method if it is a card.
Impact on Available Funds
6.12 The pre-authorization may temporarily reduce your available credit or account balance.
6.13 We are not responsible for any overdraft fees or charges incurred due to the pre-authorization.
Consent
6.14 By proceeding with your first order, you consent to this pre-authorization process.
6.15 If you do not wish to have your card pre-authorized, please contact our customer support for alternative options.
7.1 We may offer gift cards, discount promotions and other types of vouchers (Voucher) which are required to be activated by email application in order for the holder to commence delivery of Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing a Product.
7.2 Any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one voucher is allowed to be applied per order. Only one account is allowed per allocated delivery address.
7.3 We reserve the right to withdraw or cancel any Voucher (other than gift cards or vouchers that are pre-paid) for any reason at any time.
7.4 Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
7.5 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
7.6 We reserve the right to exclude the use of discount promotions on specific products. Any exclusions on gift cards or other vouchers will be specified in any applicable special conditions.
8.1 We will use best endeavours to fulfill orders by the delivery date set out in the Dispatch Confirmation. If no delivery date is specified or exceptional circumstances arise, we will deliver orders within 30 days of the date of the Dispatch Confirmation or issue a refund.
9.1 The Products will be at your risk from the time the Products are delivered to the delivery address.
9.2 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.
10.1 The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error.
10.2 Product prices include GST.
10.3 We may make reasonable changes to Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
10.4 Payment for all Products must be by credit or debit card or Paypal. We accept payment with American Express, Visa and MasterCard.
10.5 It is your responsibility to ensure that your payment method details are valid and up to date, and that sufficient funds are available at the time of payment processing. If a payment is not successfully settled for any reason, including expiration, breach of limit or insufficient funds, we may process your order, in which case you remain responsible for any uncollected amounts and authorize us to collect payment at a later time.
11.1 Any Product purchased from us through the Website will, on delivery:
a. conform with its description;
b. be of acceptable quality; and
c. be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12.1 If you are unhappy with your Product for a legitimate reason such as:
a. the box was missing ingredients;
b. the box was damaged; or
c. the box did not arrive,
we will offer a refund or replacement of the Product ordered if it can be shown that the Product you were charged for was not provided as it should have been. Contact customer service at hi@dinnerly.com.au or on 02 9056 7570 within seven (7) days of receiving your delivery to make a claim for a refund or replacement.
12.1 Nothing in these terms and conditions excludes or limits our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. any breach of the obligations contained in the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law; or
d. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13.1 All disputes to be lodged at hi@dinnerly.com.au in writing, explaining the details of the dispute.
14.1 All notices given by you to us must be given to Dinnerly at hi@dinnerly.com (unless otherwise specified in these terms and conditions). We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any other manner permitted by applicable laws.
14.2 Notice will be deemed received and properly served:
a. immediately when posted on the Website;
b. 24 hours after an e-mail is sent; or
c. three days after the date of posting of any letter.
14.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.1 Any Contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16.1 We are the owner or the licensee of all intellectual property rights in the Website, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
16.2 You may print off one copy, and may download extracts, of any pages from the Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from our licensors and us.
16.3 If you post comments on the Products to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly held opinions. By ordering the Products you irrevocably authorise us to quote from your Commentary on the Website and in any advertising or social media outlets which we may create or contribute to.
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. strikes, lockouts or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. recalls of products initiated by our suppliers due to health and safety concerns;
e. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
f. impossibility of the use of public or private telecommunications networks; and
g. the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
19.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them (including the Website), to the maximum extent permitted by law.
20.3 Nothing in this clause limits or excludes any liability for fraud.
21.1 We have the right to make reasonable revisions and amendments to these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22.1 The laws applicable in New South Wales govern these terms and conditions and any Contract formed under these terms and conditions and any dispute in connection with any Contract.
22.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
