Terms & Conditions

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OVERVIEW

This Website is operated by Cameron’s Kitchen. Throughout the site, the terms “we”, “us” and “our” refer to Cameron’s Kitchen. Cameron’s Kitchen offers this website, including all information and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any Services on it.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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. INFORMATION ABOUT US

We operate the Site at www.cameronskitchen.com.au. We are Cameron’s Kitchen Pty Ltd (ACN 619 807 180) trading as “Cameron’s Kitchen”.

2. SERVICE AVAILABILITY

The Site is only intended for use by people residing in nominated areas of Australia (Service Areas) or by people who would like to place an order on behalf of someone living in an area serviced by Cameron’s Kitchen. We do not accept orders, which are to be delivered outside of those Service Areas. The currently available Service Areas can be checked through our website at Delivery (cameronskitchen.com.au). Customers must provide a valid email address and use a method of payment, accepted by the Cameron’s Kitchen website (Visa, Mastercard, PayPal).

3. GENERAL CONDITIONS

By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

After completing the order process on our Site, you will receive an email from us acknowledging that we have received your order. An Order will relate only to the Products you have ordered. Each Order will result in a 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.

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 Site 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 7 days after you submit an Order.

You are not permitted to purchase any Products for resale to a third party or for trade purposes. If we have a concern with the quantity of items you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.

If we refuse an Order on or prior to delivery, a full refund will be made within 14 days.

Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently, negligently or intentionally) that is not set out in these Terms and Conditions.

Photography or images of products on this web site are indicative of the Products.

4. PRODUCT AVAILABILITY AND PRICING

Prices for our Products and/or Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Products offered on our Site. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of a Product.

5. PAYMENT

Payment for all Products and Services must be by debit or credit card or any other payment method listed on the online checkout page of the Site.

Orders will be charged to your nominated payment method, and it is your responsibility to ensure that your payment method(s) information is valid and up to date. Further is it your responsibility to ensure that sufficient funds are available at the time of payment processing.

Cameron’s Kitchen 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 are performed through a secured payment gateway.

If a payment failure occurs due to insufficient funds, incorrect or outdated payment information, we will not proceed with the Order, even if an Order confirmation has been sent out.

In the case of Accounts, which can benefit from the Home Care Package subsidy and are only required to pay 30% of the total cost upfront, we reserve the right to suspend or refuse future Orders/ Deliveries if there are outstanding payments from the respected Home Care Package Provider, which is overseeing the funds of the client. It is the customers responsibility to ensure the Provider details we have on file are correct and up to date. Please note, in the event of a disruption to the payments of invoices because of outdated information, through no fault of Cameron’s Kitchen, an additional administrative fee may be charged.

You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of outstanding payments on your account. You agree to allow us to contact you to discuss those failed payments.

6. CANCELLATIONS

You may cancel an Order at any time after first placing an Order by contacting us directly during business hours by phone or email, provided it is prior to the relevant Order Cut-Off. Our office operating hours are Monday to Friday, 8am to 3pm, with the exception of Public Holiday’s.

It is not possible to partially change or adjust an Order once it has been placed because of the checkout and payment process, which is necessary to proceed with an Order and charge it to a customer’s method of payment. Only whole Orders can be cancelled.

Delivery Day – Cancellation Cut-Off Day & Time

Tuesday Friday, 3pm

Wednesday Friday, 3pm

Thursday Monday, 3pm

Friday Tuesday, 3pm

Saturday Wednesday, 3pm

You will be liable for all Orders that you had committed to at Order Cut-Off (business hours), and for any Orders you cancel after the relevant Cut-Off Time, we have no obligation to cancel and/or refund you any money.

If you have cancelled an Order before the relevant Cut-Off Time, we will process any refund due to you within 14 days of the cancellation notice. The funds will be transferred to the nominated method of payment, which was used for placing the Order.

7. REFUNDS AND CREDIT POLICY

Due to the nature of our Products, we do not give refunds if you simply change your mind about an Order or its contents, but we may be able to correct any errors in the order process prior to shipment.

Our Products come with guarantees that cannot be excluded under the Australian Consumer Guarantees Act 1993 (the CGA). If you consider that any Products sent to you are damaged, or defective or fail to comply with any guarantees in the CGA, you can notify us with 24 hour of delivery, and we will examine the received digital or physical evidence of the defective Product and will notify you of the outcome within 7 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you that you were entitled to a refund. We refund any money received from you, to your method or payment, originally used by you to pay for your purchase.

In some instances, you may receive a refund in the form of “Reward Points” to your Cameron’s Kitchen account. These “Reward Points” will equal the dollar value of the refund and can be used for your future Order(s).

Please take care when specifying your delivery address as no refund will be provided for any non-delivery of Order to you if you enter an address incorrectly.

If you seek a refund for any other reason, you can request a refund by contacting us and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request within 7 days.

8. DELIVERY

Cameron’s Kitchen only delivers to addresses within our Serviced Areas. A delivery fee might be applicable, depending on the delivery address and will be displayed during the checkout process on our Site. We reserve the right to change or introduce delivery fees at any time to existing Service Areas if the necessity arises depending on the costs to Cameron’s Kitchen to fulfill the deliveries to those Areas.

During the ordering process, you must choose a delivery date for us to deliver your Order. The exact time of the delivery will not be customizable and will be determined by a delivery route program. The day before the delivery you will receive an email to the email address you used to place an Order, which will provide you with a 2-hour delivery window. This email will also have a tracking link, which will activate closer to your delivery window. You agree to provide us with complete and accurate information to enable us to fulfil that Order.

If you wish to change the delivery day, you can do so by accessing your account on our website, provided you do so before the relevant cut-off time of your chosen delivery day.

Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept any liability or responsibility whatsoever for delivery details which are incorrectly supplied, or which you fail to supply. By placing your order, you are confirming that the Products selected, quantities, delivery day selected, total amount payable is correct and approved by you.

We will deliver the Products to the front door of your nominated 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.

If you will not be home at the expected delivery time, we recommend you nominate a cool safe place for the delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at or near your front door. In the case of restricted access (i.e., secured high rise apartments), it is your responsibility to provide access for the driver to be able to place the Products in a save place inside the building, otherwise, the driver might be required to leave the Products at the entry of the provided address. If you advise us of any specific delivery instructions for an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.

Please note that if a re-delivery is required at an alternative time through no fault of Cameron’s Kitchen, an additional fee may be charged.

You acknowledge that we may need to change your delivery time window from time to time. We will notify you as soon as reasonably possible if your delivery time window changes for any reason.

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. Title of the Products transfers to the purchaser at time of delivery.

9. DISCLAIMER AND LIMITATION OF LIABILITY

The following paragraphs exclude or limit our liability for your use of the Site. They all apply as far as the law permits.

While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, 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, including the reliability of the information, implied warranties, fitness for a particular purpose, durability, title, and non-infringement.

You acknowledge that the Products displayed on the Site 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 Site 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. We may, from time to time and without notice, change or add on to the Site (including these Terms and Conditions) or the information, Products or Services as prescribed. However, we do not undertake to keep the Site updated. We are not in any way liable to you or any other third party if errors occur in the information of the Site of if the information is outdated.

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.

To the extent permitted by law, 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 Site and or Meal Delivery Service.

It is the Customer’s responsibility to refer to the Nutritional Panel and ingredients of each meal before placing an Order.

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 cause by any event outside of our control (Force Majeure Event). This includes but is not limited to difficulties concerning the traffic on the delivery day, fires, storms, flood or other natural disaster.

Nothing in the Terms and Conditions is intended to limit your rights as a consumer und the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

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, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.

10. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights on the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.

You may print off a copy and may download extracts of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a permission to do so from us.

If you post comments on the Products or Services 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.

11. PRIVACY

Our Privacy Policy is a separate document available on the Site. We use, collect and disclose personal information about you to facilitate our dealings with you and for purposes as set out in the Privacy Policy.

We may use your contact information to send you newsletters from us.

12. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of the Terms of Service shall not be construed against the drafting party.

13. GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Products and Services shall be governed by and construed in accordance with the laws of Australia.

14. CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our Services, following the posting of any changes to these Terms of Service, constitutes acceptance of those changes.

15. CONTACT INFORMATION

Questions about the Terms and Conditions (“Terms of Service” “Terms”) should be sent to us at info@cameronskitchen.com.au