TERMS AND CONDITIONS

Thank you for accessing www.themeatsociety.com.au (Website), an Australian online service owned and operated by The Fresh Food Society Pty Ltd (ACN 166 700 090 / ABN 751 667 700 090) (The Fresh Food Society / we / us). The Fresh Food Society operates this Website for the purpose of promoting and selling certain products and services. These Terms & Conditions govern your relationship with The Fresh Food Society and all orders that you may make for the food, drinks and other products that are promoted on the Website (Products). Please read these Terms & Conditions carefully as they affect your rights and liabilities under the law. By registering with the Website and placing an order for the purchase of a Product (Order), you signify your acceptance of these Terms & Conditions. From time to time The Fresh Food Society may modify the Terms & Conditions so please continue to review them whenever accessing or using this Website and particularly prior to placing an Order. If at any time you do not wish to accept these Terms & Conditions then you may not use this Website and you should not place any Orders with us. These Terms & Conditions are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. 

1. Registration and Placing Orders 

1.1 In order to make an Order to purchase Products, you will need to register an account with us. You must ensure that the details provided by you on registration or at any time are correct and complete. You must also promptly inform us of any changes to the information that you provided when registering (including your preferred delivery address and email address) by updating the personal details in your account. When you register an account, you will receive communications from The Fresh Food Society relating to Offerings and will be able to place Orders. 

1.2 For the avoidance of doubt, the promotion and publication of Products on the Website or within any email correspondence that you receive from The Fresh Food Society does not constitute an offer from us to sell you the Products that are the subject of the Deal. The promotion and publication of Products on the Website or within any email correspondence that you receive from The Fresh Food Society is an invitation to treat only. 

1.3 Your submission of an Order amounts to an offer to enter a contract to buy the Products from us, you cannot then withdraw or cancel your order except as stated in the Deal T&Cs and these Terms & Conditions. We reserve the right to accept or reject your offer to enter a contract to buy Products from us for any reason (or no reason). If we reject your offer, we will charge-back the full purchase price to your credit card. 

1.4 Whilst The Fresh Food Society takes steps to accurately describe the availability of Products within a specific delivery window, stock availability and/or delivery capacity does vary. In the event that an Ordered Product is not available or we are unable to fulfil your Order we may attempt to arrange an alternative Product, an alternate delivery window or will provide a full refund. 

1.5 We sell only to private consumers and our Products are not for re-sale and may not be used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. You warrant that you shall not re-sell any of the Products or use Products for advertising, promotion or other commercial purposes.


2. Payment 

2.1 You must ensure that The Fresh Food Society is provided with details of a valid Visa, Mastercard or American Express credit card. 

2.2 A record of your credit card details will be kept on file and your credit card will automatically be billed for repeat purchases of Products that you make. The security of the credit card and payment details that we will hold within our systems is set out in our Privacy Policy. Your card will automatically be charged for the Products you have Ordered upon The Fresh Food Society accepting your offer to purchase Products. 

2.3 The Fresh Food Society uses a third-party payment processor (Payment Processor) to link your credit card account to the Website and your purchase of Products. The processing of payments or credits, as applicable, in connection with your use of the Website and your purchase of Products will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms & Conditions. We are not responsible for any errors by the Payment Processor. In connection with your use of the Website and your purchase of Products, The Fresh Food Society will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy. 

2.4 You agree to compensate The Fresh Food Society in full against any and all reasonable costs and expenses (including reasonable legal costs and expenses) that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms & Conditions. 

3. Deal-Specific Terms & Pricing 

3.1 Each Offer is subject to these Terms & Conditions and may also be subject to specific terms, conditions, rules, eligibility requirements or limitations (Deal T&Cs) which will be specified on the Website at the time you place an Order. The Deal T&Cs will prevail to the extent that there is any inconsistency between these Terms & Conditions and the Deal T&Cs. By placing an Order, you agree that all Deal T&Cs will be legally binding on you in connection with that Order. 

3.2 Any ‘value’ claims that we make in connection with Deals and Products that are published on the Website are based on our regular price comparison of like-for-like products with premium grocers and supermarkets. 

3.3 All references to Savings on our Website are based on the ‘value’ as per clause 3.2

3.4 Any ‘weight’ claims we make on the Website in connection with Deals and Products are accurate to at least 5% of the published weight. In the event that you believe your Product is underweight in excess of 5% of the stated weight, we will collect the unopened Product and replace or refund at our discretion. 

3.5 Our grading of meat products is based on our supplier specifications and advice. 

4. Delivery of Products 

4.1 The Fresh Food Society will make delivery to your address as stated when you set up an account or update that address. We only deliver to certain Delivery Areas and we will tell you when you advise us of your delivery address whether we can deliver to that address. You are responsible for making suitable arrangements to receive your delivery. In the event that your delivery is stolen where it is left at your delivery address or damaged while there, we do not accept liability, and will offer compensation at our complete and sole discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before your Order is made on the Website. 

4.2 The Fresh Food Society delivers to the following postcodes, and may from time-to-time offer deliver to additional areas (Delivery Areas): 
SYDNEY: Postcodes 2000-2050, 2055-2090, 2092-2109, 2114, 2115-2128, 2130- 2139, 2140-2166, 2167-2197, 2190-2232, 2197-2200, 2211-2214, 2745-2770 
MELBOURNE: Postcodes 3000-3100, 3101-3207 
BRISBANE: Postcodes 4000, 4005-4018, 4030-4034, 4051-4054, 4059-4078, 4101-4133, 4151-4179, 4205, 4208, 4509 

4.3 If we are unable to deliver to you, or have to deliver late, for reasons beyond our control (for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure) we accept no liability for any inconvenience or loss that this causes. 

4.4 We will refund you if we have delivered you Incorrect Products (being Products that you have not Ordered and substitutes for those Products where such substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms & Conditions. Otherwise our liability in respect of incorrect delivery is limited to the purchase price of the 

Incorrect Products. 

4.5 You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by emailing us on mediumrare@themeatsociety.com.au. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in section 7 of these Terms & Conditions. 

4.6 The Fresh Food Society accepts no liability or responsibility for Products if they are not properly refrigerated by the end time of the delivery window in which it was delivered. For example, if you select a delivery window of 11am – 4pm, it is your responsibility to refrigerate your order by 4pm on that day of delivery. 

4.7 The Fresh Food Society delivers in the Delivery Areas in accordance with the specified delivery schedule using refrigerated trucks with Products packaged in insulated boxes designed to maintain the proper temperatures for up to 5 hours from delivery. 

4.8 If you are not present when the courier delivers your Products to your specified delivery address, the Products will be left at that address. If there is no safe place for the Products to be left or the specified delivery address cannot be accessed, then the Products will be returned to the courier’s warehouse and an alternative delivery time will be arranged and this will incur additional delivery costs payable by you. In such circumstances, the courier may use your contact details to contact you in relation to your delivery. 

5. Cancellations & Refunds 

5.1 We do not give refunds if you change your mind regarding an Order and will not be to entitled to any credit or full or partial refund on the purchase price for the relevant Products Ordered, except as required by law. 

5.2 If, after an Order has been submitted and accepted by us, you want to cancel or amend an order, we will use reasonable endeavours to cancel or amend that Order in accordance with your instructions, provided that the Order has not yet commenced being processed. However, you do not have a general right to cancel or amend any Order once it has been accepted by us. 

5.3 We reserve the right to cancel your Order if: 

(a) we are refused authority from your card issuer for payment or we reasonably believe 
(b) we cannot otherwise process payment on the credit card details you have provided; 
(c) if, for any reason, we don’t reasonably believe we can successfully complete delivery that payment will be refused; in which case we will use all reasonable endeavours to notify you prior to such cancellation. 

6. Title & Risk 

Title to and risk of Products are passed to you upon our delivery of the Products to the delivery address you have nominated when completing an Order, and delivery will be deemed to have occurred when the relevant Products are left at that address or you have otherwise taken possession of the order. 

7. Limitations on Liability 

7.1 Without limiting any other provision of these Terms & Conditions, the Fresh Food Society is not liable or responsible for any loss suffered that arises from Products that are the subject of an Order that has been accepted by us not being received by or delivered to you as a result of: 

(a) inaccurate or incomplete credit card, delivery address, email address and other information having been provided by you to the Fresh Food Society
(b) any email correspondence we send being blocked by a firewall or filter installed on your computer
(c) our delivery couriers being unable to access or drop off the order at your nominated delivery address

7.2 Australian State and Federal consumer laws grant you certain rights and protections related to the provision of goods and services that cannot be excluded or restricted. Nothing in these Terms & Conditions are intended to, or can, exclude or restrict the application of such laws but, to the extent that it can under these laws, we do not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to a Deal or the Products and delivery services that are the subject of a Deal outside these Australian State and Federal consumer laws. Subject to any claims that you are able to make under these consumer protection laws, The Fresh Food Society and its officers and employees are not liable to you or anyone else for any loss or damage (including any form of indirect loss) however caused and which is suffered directly or indirectly in connection with a Deal and/or the Products and delivery services that are the subject of a Deal. 

7.3 For any claims relating to an a Deal or the Products and delivery services that are the subject of a Deal that cannot be excluded or restricted under Australian State and Federal consumer protection laws: 

(a) you will be entitled to a full refund or replacement Products or delivery services if 
(b) for minor failures on our part to comply with the consumer guarantees under the 

there is a major failure by on our part to comply with the consumer guarantees under the Australian State and Federal consumer laws; and Australian State and Federal consumer laws, our the liability for any relevant claim will (at our sole and complete discretion and to the maximum extent permitted by law) be limited to: 

(i) in the case of goods: (A) repairing or replacing those goods; or (B) paying the cost of having those goods repaired or replaced; and 
(ii) in the case of services: (A) resupplying those or equivalent services; or (B) paying the cost of having those services resupplied. 

7.4 To the maximum extent permitted by law, The Fresh Food Society, our officers, shareholders, related entities, employees, agents, contractors, and other third parties associated with running the Website, disclaim all liability and responsibility for any loss or damage that you or a third party may suffer arising from Products you purchase on this Website. 

8. Indemnity 

You will at all times indemnify, and keep indemnified, The Fresh Food Society, our officers, shareholders, related entities, employees, agents, contractors, and other third parties associated with running the Website from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by The Food Society arising from any claim, demand, suit, action or proceeding by any person against you or The Fresh Food Society where such loss or liability arose out of, in connection with or in respect of your act or omissions (including without limitation your breach of any Deal T&Cs or these Terms & Conditions).