REQUIREMENTS OF USE

  1. You must live in our delivery area to order.
  2. Delivery windows vary by location. If you will not be home, please make an alternative arrangement and leave specific delivery instructions on the checkout page for our drivers to follow.
  3. We cannot commit to a smaller delivery window. We will try to accommodate, but cannot guarantee, special requests.
  4. If a re-delivery is required at an alternative time through no fault of Tasty Wheels or our logistics partners an additional fee may be charged.
  5. A delivery fee may apply in some areas
  6. We will not be able to customise individual meals based on preference or dietary requirements

TERMS & CONDITIONS 

This page (together with the documents referred to on it) tells the customer the terms and conditions (Terms and Conditions) on which Tasty Wheels will supply to you the products (Products) listed on our website www.TastyWheels.com.au (Site). Please read these Terms and Conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions and any policies stated on the website. We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the website following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended. We therefore recommend that each time you access the website you read these Terms and Conditions and policies. Please tick the checkbox in the shopping cart to accept these Terms and Conditions. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any Products from the website.

  1. Overview
  • Tasty Wheels is a website located at tastywheels.com.au which is owned and operated by Silver Clove Pty Ltd trading as Tasty Wheels in Australia (Silver Clove, Tasty Wheels, we, us, ours). Silver Clove holds the right to sub-licence Tasty Wheels pursuant to these terms and conditions.
  • Tasty Wheels provides a food preparation and delivery service for customers (you, your).
  • Silver Clove and its third-party licensors reserve the right to update, modify, replace, limit, and expand Tasty Wheels and its functionality.
  • The Site is only intended for use by people residing in nominated areas of Australia (Service Areas). We do not accept orders from individuals outside those Service Areas. We reserve the right to determine the Service Area and the Service Area may vary from time to time. We reserve the right to stop delivering to certain areas if they are removed from the Service Area. If you are an existing customer and the Service Area is changed to not include you, we will endeavour to notify you within a reasonable time of such change. If you are a new customer, you will be notified whether you are within the Service Area prior to your order being processed.
  • Customers must provide a valid email address and credit/debit card for all orders accepted online. We do not accept orders by phone.
  • By placing an order through our website, you warrant that:
  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old.
  1. Acceptance of Terms and Conditions 
  • These Terms and Conditions record and agreement between you and us for the purpose of you using Tasty Wheels.
  • By subscribing too and / or using Tasty Wheels you are accepting these terms and conditions and agree to be bound by them. 
  • We reserve the right to make changes to these Terms and Conditions from time to time without notice. 
  • These Terms and Conditions are governed by the laws of Victoria. Disputes arising from your use of Tasty Wheels are exclusively subject to the jurisdiction of the courts of Victoria.
  1. Use
  • To use Tasty Wheels you may be required to provide:
  • A valid email address;
  • A valid Australian credit card number or bank account for payment purposes;
  • A name and address for delivery purposes;
  • A valid Australian mobile phone number; and
  • Any other information required to complete the subscription or ordering process.

(Client Data).

  • Failure to supply correct Client Data may result in us being unable to process or comply with your order.
  • You agree to permit us to use your Client Data for the purpose of providing the Product to you.
  • After completing the order process on the website, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that an order has been accepted.
  • An order will relate only to the Product you have ordered from our website. Each order that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms and Conditions.
  • You agree to use Tasty Wheels for its intended purpose. You may not use the Site for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Site to violate any laws in your jurisdiction, including but not limited to copyright laws.
  1. Accepting or declining an order
  • We reserve the right to accept or reject an order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the website or in an order.
  • If we reject an order, we will endeavour to notify you of that rejection at the time you place an order or within 48 hrs after you submit an order.
  • You are not permitted to purchase any items for resale to a third party or for trade purposes without our express written permission. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an order or within 48 hrs after you submit an order.
  • If we refuse an order on or prior to delivery but after our relevant standard order cut-off times, a full refund, less any discounts, will be made within 10 Business Days.
  1. Order Management
  • When you place an order for a Product you enter into an agreement to receive the Product on an ongoing basis. You will be charged for your initial order upon completing the initial transaction on the website.
  • You will be liable for all orders in the upcoming 7-day period that you had committed to at order cut-off.
  • You may cancel an order at any time after first placing an order with us by sending an email to info@TastyWheels.com.au provided it is prior to the relevant standard order Cut-Off time. If you cancel an order after the order cut-off time for the upcoming delivery, we have no obligation to cancel an order and/or refund you any money.
  • The refund policy does not apply to Products which by their nature are not suitable for return or spoil quickly. This is especially true for perishable foods, such as those provided by us
  1. Change of Details
  • Changes to address details and/or delivery instructions and/or payment information must be communicated to us not less than 1 day prior to the next due date of a delivery under your subscription. Changes may be communicated by emailing info@TastyWheels.com.au.
  • We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
  1. Price & Payment
  • By accepting these Terms and Conditions you authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided in your Client Data.
  • Fees and pricing payable to us for the provision the Products are published on our website at tastywheels.com.au and are charged in Australian Dollars. We reserve the right to amend pricing rates from time to time at our discretion.
  • The current prices of the Products and our delivery charges will be as quoted on the website, as updated from time to time.
  • Product prices and delivery charges include taxes including GST where applicable.
  • Payment for all Products must be by credit or debit card or any other payment method listed on the online checkout page of the website.
  • Orders will be charged to your nominated payment method.
  • It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.
  • It is your responsibility to ensure that sufficient funds are available at the time of payment processing. We are not liable for a charge or fee imposed by your financial institution for a failed payment.
  • Storage of Collected Information and payment failures:
  • Tasty Wheels does not collect or store payment information. All payment information is collected and stored by the applicable third party in order to be processed as required. We never permanently store complete debit/credit card details.
  • All online debit/credit card transactions performed on this website are through secured payment gateways.
  • Complete debit/credit card details cannot be viewed by “Tasty Wheels” or any outside party.
  • Payments will appear on your bank statement as “Tasty Wheels” or “a third party name”.
  • Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.
  • Suspected fraud accounts
  • We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
  • We reserve the right to terminate your order or accounts following the investigation.
  1. Refund Policy
  • If you have cancelled an order in accordance with clause 6.4, we will process any refund due to you within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Product to us.
  • Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. If you consider that the Product is defective or fails to comply with the Statutory Guarantees provided pursuant to the Australian Consumer Law, we will examine the received evidence of the defective Product and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
  • If you seek a refund for any other reason, you can request a refund by emailing to info@TastyWheels.com.au and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
  • We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
  • Refunds will not be provided for if you enter an address incorrectly.
  1. Delivery
  • We only deliver to addresses within the Service Areas. Depending on the location or the time of the delivery a fee may apply. This will be communicated at the point that you place your initial order.
  • If we implement a delivery fee for an existing order, we will advise you 14 days before the fee becomes effective so that you will have the opportunity to cancel any future orders before the fee is effective.
  • During the ordering process, you must select a date/delivery window (Delivery Window) for us to deliver the order to you. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil an order.
  • Available Delivery Windows will be provided to you at the point that you place your initial order. Available Delivery Windows may vary from time to time and we reserve the right to vary them at our discretion.
  • We will aim to deliver during the Delivery Window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
  • We will deliver the Products to the front door of your nominated delivery address (Delivery Address). If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
  • We may require the person accepting the delivery of the Products to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age.
  • We accept no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
  • If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products in a safe place, take a photo of the Products in their locations, and send it to you and our head office. If you advise us of any specific delivery instructions in an order, we will endeavour to comply with these instructions to the extent reasonably within our control.
  • You will be responsible for an order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you. You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason
  • The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
  • 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.
  1. Disclaimer and limitation of liability
  • While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
  • We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
  • The operation and functionality of the Site;
  • The accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the Site content; and/or
  • the Products associated with the Site or its content. We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.
  • You acknowledge that the Products displayed on the website are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.
  • To the extent permitted by law, we do not represent or warrant that the website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
  • You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
  • Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
  • The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
  • We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
  • We disclaim all liability for any, and to the extent permitted by law under no circumstances will we be liable for any:
  • indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
  • loss of profits, loss of contract, or loss of business opportunity;
  • loss or damage to reputation of you or any third party;
  • loss of information or data; or
  • any loss or damage,
  • arising out of your use of Tasty Wheels or in connection with these Terms and Conditions.
  1. Important information about linked websites
  • The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
  • The Linked Websites should not be construed as an endorsement, approval or recommendation by us the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
  • To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
  1. Transfer of rights and obligations
  • These Terms and Conditions are binding on you and us and on our respective successors and assignees.
  • You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
  • We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
  1. Intellectual Property Rights
  • 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.
  • Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in Tasty Wheels beyond the ability to use it for its intended use.
  • By accepting these Terms and Conditions you undertake not to reverse engineer, replicate, or otherwise copy Tasty Wheels. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you, your employees, officers, affiliates, customers, or anyone else.
  • 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 licence to do so from us and our licensors.
  • 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 agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
  1. Force Majeure Events
  • We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
  • 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:
  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks;
  • epidemic, pandemic or other health emergency (whether declared or not); and
  • the acts, decrees, legislation, regulations or restrictions of any government.
  • Our performance under these Terms and Conditions 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 these Terms and Conditions may be performed despite the Force Majeure Event.
  1. Privacy
  1. General Terms
  • To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of Tasty Wheels. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer Tasty Wheels, for purposes of search engine optimisation and to drive traffic to Tasty Wheels. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
  • These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
  • You must not modify, adapt or hack Tasty Wheels or modify another website or software so as to falsely imply that it is associated with Tasty Wheels or us.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Tasty Wheels, use of Tasty Wheels, or access to Tasty Wheels without our prior express written permission. We claim copyright and all other intellectual property rights over Tasty Wheels and its other products and services and reserves all of its rights.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers will result in immediate termination of this agreement.
  • We do not warrant that:
  • Tasty Wheels will meet your specific requirements;
  • Tasty Wheels will be uninterrupted, timely, secure, or error-free; or
  • Any errors in Tasty Wheels will be corrected.
  • Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
  • Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and govern your use of Tasty Wheels, superseding any prior agreements between you and us.
  • If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law will not void the balance of these Terms and Conditions. Any such term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will continue to be valid in accordance with their terms.