TERMS OF USE

This website is operated by Exclusive Appetite Pty Ltd. At various stages during our website, we may refer to words such as We, Us, I, and Team. These are all-inclusive and refer to Exclusive Appetite Pty Ltd.

Exclusive Appetite Pty Ltd offers this website, information, communications, tools, and services to you as the user/customer as upon entry to our website and social media platforms you agree to our “terms of use” and “conditions of service”.

On this website, you can purchase items purchased, stored, prepared, manufactured, and sold by Exclusive Appetite Pty Ltd, which too will be delivered by employees or contractors of Exclusive Appetite Pty Ltd.

By entering our website, purchasing something from us in any form, requesting our feedback, or engaging in any form of communications with us you are therefore engaged in our “services” and agree to adhere to our “terms of use” and “conditions of service”.

The aforementioned applies to all users of the site, including users who are browsers, vendors, customers, and/ or contributors of content. Additionally, by entering the website and our “services” you also by doing so agree to adhere to the privacy policy, refund policy, and disclaimer policy.

Furthermore, you agree as a condition of your use of this website and services of Exclusive Appetite Pty Ltd provide that we will not be liable for any loss (including but not limited to personal injury, death, damage to or loss of property, damage to your computer or personal electronic device, or loss of data stored on it, consequential loss or loss of profit or a business opportunity) arising from your use of our services.

We reserve the right to refuse service to anyone for any reason at any time. Further to this, we reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. As per our website and business model we will only engage in contracts and deliver to customers who reside in Mornington Peninsula, Melbourne Metropolitan areas, and outer suburbs listed on our website. All postcodes and council areas are documented on our website for consumers to be made aware of and have full clarity. We reserve the right to cancel and refund monies transferred from customers outside these areas.

All descriptions of products, product ingredients, entire meal choices, and/or product pricing are subject to change at any time without notice, at the sole discretion of Exclusive Appetite Pty Ltd. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site would subsequently be void. All prices listed on the Website are in Australian Dollars(AUD) and inclusive of goods and services tax (GST) unless otherwise specified.

Certain content, products, and services available via our website and services may include materials from third parties.

To use our website and services you must be at least the age of majority in your state or province of residence or at least 13 years of age with parental/guardian consent. If you are a ‘Minor’ we may ask that you confirm consent and that your parental/guardian has read our “terms of use” and “conditions of service”. If you are a parent or guardian who has permitted a Minor, you agree to:

• ensure all information submitted by the Minor under your supervision is truthful and accurate;
• take responsibility and supervision over the Minor’s use of our services or facilities;
• assume all risks associated with the Minor’s use of our services or facilities and their account, usage, and purchases on the website;
• assume liabilities resulting from the Minor’s use of our services or facilities and;
• provide consents contained in these “terms of use” and “conditions of service” on behalf of the Minor.

If you are under 13 years of age, you are not permitted to use the website or services at all. If for any reason this does not adhere to we at Exclusive Appetite Pty Ltd reserve the right to take legal action and seek compensation from a parent or guardian of a Minor, for any uses that would cause/has caused, loss, or damage that we may/have suffered because of, or in conjunction with, any communications, contracts or transaction entered for our services or website activity by that Minor.

You as an Exclusive Appetite Pty Ltd customer, acknowledge and agree that ownership of the products will be transferred to you on payment of all costs relating to the products and that products will be at your risk upon delivery to you. You will be responsible for ensuring products are refrigerated and/or frozen promptly following delivery and you accept responsibility for any loss or damage that occurs to the products following successful completion and confirmation of their delivery.

All deliveries will be made per the terms of the ‘Delivery Policy’ and Exclusive Appetite Pty Ltd reserves all rights to change the Delivery Policy and to determine delivery locations for the products.

Payment for all products must be made by credit card or debit card. Your order will only be processed, and a contract entered between you and us for the supply of the product will only come into fruition when a notification is received from us that your order has been confirmed after payment has been processed. On pre-organised occasions, meals or orders can be funded via bank transfer or cash on delivery. These are case by case and would need to be extenuating circumstances for these transactions to be engaged.

You can access and use the website for your personal and non-commercial use. However, you must not in any way, shape, or form duplicate, modify, disseminate, hold, transmit, publish, use, or display any of the services we provide, use or own, without our prior written consent from us.

There may be times when you as the customer will have the opportunity to provide us with material or content for our business or website facilities. If at our request or without our request, you send certain specific submissions (for example contest entries, reviews, suggestions, proposals, or testimonials), whether online, by email, postal mail, or otherwise (collectively, ‘comments’), you agree to the terms that we may, at any time, without hesitation or restriction, edit, copy, publish, disseminate, and use in any way, the aforementioned said submissions. We are under no obligation or requirement to, maintain these comments in confidence; to pay compensation for any comments made, or to respond to any comments in any form.

You also agree by engaging in our services or products that your comments will not violate any right of ours or any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain slanderous, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website, service, or any related website.

You will not use any fake e-mail addresses, pretend to be someone other than yourself, or otherwise mislead us or third parties in any way.

You are solely responsible for any comments you make and the accuracy of said comments. We take no responsibility and assume no liability at Exclusive Appetite Pty Ltd; for any of the comments posted by you or any third party.

You also agree that any comments, remarks, emails, communications, testimonials, or reviews that are given, are in an honest and first-hand experience of the product or services used. Exclusive Appetite Pty Ltd reserves the right to remove any comments, remarks, or reviews that do not comply with the fore mentioned and are in contradiction to actual fact.

In addition to the above, you also agree to the following writings which are all prohibited conducts or uses of the website or its content. These are: to perform any type of unlawful purposes or acts irrespective of their severity; engage any others in performing or participating in any unlawful acts on your accord or in their own right; to not create, post, upload, publish, transmit or disperse material that is in avertedly or outwardly defamatory, inaccurate, offensive, of a pornographic nature, abusive to anyone, discriminatory in any shape or form, threatening, harassing or otherwise deemed inappropriate by Exclusive Appetite Pty Ltd; you will also not violate any federal, state, jurisdictional or provincial rules, legislation or ordinances; you will not infringe upon or violate our property rights or the property rights of others whether that be in the form of intellectual or of any other; to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate in any form; you will not post, upload, send, process, or disseminate any programs that contain viruses, programs or files intended to damage, destroy or interfere with the serviceability of any software, hardware or device; you will not engage in any activity that impedes, disturbs or disrupts the services or the servers and networks that host the Exclusive Appetite Pty Ltd services; do not attempt interfere with any security-related features of the services; to submit false or misleading information; collect or engage with any personal information about other users whether or not for commercial purposes, without Exclusive Appetite Pty Ltd.’s prior written consent; do not impersonate any person or entity, claim or imply an affiliation, sponsorship or association with any person or entity or access the services using any false, misrepresented information or by fraudulent means; for any obscene or immoral purpose; imply that any statements made by you are endorsed by Exclusive Appetite Pty Ltd; and you may not make unsolicited offers, proposals, or ads, or send any form of email to other users of the services.

We reserve the right to terminate anyone’s use of our services or any related website for violating any of the prohibited uses.

If you are a consumer of Exclusive Appetite Pty Ltd, you have certain rights under consumer protection legislation, including under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“Consumer Rights”) which cannot be excluded or limited by Exclusive Appetite Pty Ltd. Nothing in these “Terms of Use” and/or “Conditions of Service” is intended to exclude, limit, or modify your Consumer Rights. At no point in this entire document have we attempted to mislead, misrepresent, or contradict said policies, laws, and legislation.

RETURNS, REFUNDS AND EXCHANGES

Exclusive Appetite Pty Ltd DOES NOT OFFER returns or exchange policy as we are unable to determine the Food Safe Australia requirement of items upon return. When stored at our facilities we are able to determine temperatures, times, cross-contamination procedures and critical control points, and other associated requirements of food storage, handling, and distribution. Once the food items leave our facility or delivery vehicle, we cannot control or confirm correct HACCP procedures. For this reason, we do not return or exchange any items once delivered. We do, however, engage in a refunds policy of products that are deemed insufficient or below the standard of what is in our website conditions, Food Safety Plan(FSP), Food Safety Australia(FSA) guidelines, our business expectations, and the guidelines of our Exclusive Appetite Pty Ltd permit expectation.

Furthermore, we also have our ‘Chef Guarantee’ which refers to the guarantee that all our meals that you receive will be of a satisfactory nature. If you are not 100% satisfied with what you receive then that meal is on us. All refunds and ‘Chef Guarantee’ refunds shall be conducted in accordance with the refund policy. Exclusive Appetite Pty Ltd reserves the right to determine the reasoning, validity, nature, and outcome of the complaint.

Our refund policy refers to orders that are due to a system error, employee error, and/or driver’s inability to deliver an order safely and correctly. If there is no fault on the part of Exclusive Appetite Pty Ltd or a failure to adhere to the terms and conditions of Exclusive Appetite Pty Ltd, this will prohibit any refunds or credits from being issued to the customer. Furthermore, in accordance with our delivery policy, any re-attempts to deliver orders will incur an additional delivery fee. Regardless of the initial purchase price.

All complaints or refund requests need to be actioned by you as the user within two (2) days/ 48 hours of receiving your order. You must send through photos of delivery, packaging, and meals to ensure validity, and these are required to assist in our further investigation of the claim or request. We will review the claim and potentially request further information. For minor complaints, a voucher or free meal may be offered on your next order in replacement for a refund. This will be at the discretion of Exclusive Appetite Pty Ltd. For major complaints, further investigation will almost certainly be undertaken and a suitable result for both parties will be entered once a result has been determined. This may be (but is not limited to) free meals in some capacity, a voucher, or a refund. This will be at the discretion of Exclusive Appetite Pty Ltd.

All meals that customers intend to be refunded due to the ‘Chef Guarantee’ must have written justification to our email feedback department to explain the purpose of the refund. The final decision of refund or voucher will be up to Exclusive Appetite Pty Ltd. Only one (1) meal per order of over $149 will be entitled to our ‘Chef Guarantee’. Unfortunately, orders under $149 will not be eligible for our ‘Chef Guarantee’. We are a quality over quantity business, therefore, our margin for profits is not entertainable for orders under $149 to offer our ‘Chef Guarantee’. Further to this, it is not financially viable to offer our ‘Chef Guarantee’ product for every meal from each order. The above restrictions in turn apply. Exclusive Appetite Pty Ltd reserves the right to determine the outcome of all ‘Chef Guarantees’.

Furthermore, we reserve the right to cancel, suspend or terminate any further contracts entered with the customers if we feel the ‘Chef Guarantees’ or Refund policy is being misused or unappreciated by the customer/user.

We at Exclusive Appetite Pty Ltd will not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. Whilst our meals are nutritious, delicious, and made with no additives or added sugar; we are not a diet or weight loss program or healthy eating regime, nor have we made any attempt to portray our meals or business model in such a way. We will not accept any liability in failed fitness or health attempts that you as the consumer have engaged in.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

DELIVERIES

At times Exclusive Appetite Pty Ltd may be unable to adhere to delivery times or dates due to the nature of the business, contractors, or supplier availability. Exclusive Appetite Pty Ltd will exhaust every option to ensure that deliveries are made on time and in a timely fashion however, we reserve the right to expedite, delay or alter said delivery timings if need be.

A delivery address cannot be altered once an order is placed. Customers MUST ensure that when entering a contract with Exclusive Appetite Pty Ltd, all delivery details be correct and up to date. We accept no fault for incorrect or insufficient delivery details.

Delivery details must be provided and explanatory to ensure delivery drivers, contractors, or sub-contractors can gain access to customers’ front doors. Whether that be in a house, apartment, unit, or any other residency that requires additional access for delivery drivers, contractors, or sub-contractors to make drop-offs. Exclusive Appetite Pty Ltd delivery drivers, contractors, or sub-contractors will try to contact the phone number placed on your order form. Every effort will be made to ensure a successful delivery is conducted, however, due to the nature of our business and the time constraints of our delivery schedules we are unable to waste valuable time waiting on call-backs or making multiple calls to individual customers or households. Any orders that are unable to be completed in terms of drop off through fault of the customer/consumer/user, will in turn incur an additional flat rate delivery fee of $19.00 on re-delivery of the product. This will be paid before re-delivery and on all orders, irrespective of the initial order cost.

Exclusive Appetite Pty Ltd offers contact-free delivery. Your orders will arrive by refrigerated vehicle and in insulated packaging with ice packs to ensure you as the consumer can safely refrigerate or freeze the meals within a ‘suitable’ time frame. With ample ice packs and insulated packaging, this allows the customers more than adequate time to ensure safe storage of meals after delivery. Exclusive Appetite Pty Ltd accepts no responsibility for deteriorated items once delivery has been completed. Upon delivery, a confirmation email will be sent, and items must be refrigerated or frozen within a reasonable time (subject to alteration with changing season). Our packaging and meals have been tested and are suitable to remain in the original box from delivery for up to four (4) hours without refrigeration or freezing. Thus, allowing sufficient time for the customer/user to store appropriately.

We do not allow any customers to pick up meals from our facilities. All meals and orders will be delivered by us at Exclusive Appetite Pty Ltd. All meals will be placed in a safe place and under shelter if available.

All our meals come in recyclable, microwaveable, and freezer-safe containers. Containers are safe up to 20 minutes of re-heating in a high microwave setting and safe for six (6) months in a secure and temperate freezer setting. The delivery box, ice packs, and insulated bag are reusable, recyclable, compostable, or biodegradable.

Upon ordering you will receive a confirmation email. You will also receive delivery timing either via message or email with an expected delivery time. You will also receive an email when delivery has been successfully made.

If there are any queries, issues, or feedback regarding delivery email us at exclusiveappetite.com.au or simply get in contact with us via phone.