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Terms and Conditions?

Terms and Conditions

Overview

These are the Terms and Conditions to which you agree to when you access the Tender Loving Cuisine website (hereinafter referred to as TLC), or enter into an Agreement with us for the provision of menu items and services. Without in any way limiting the application of the entirety of these Terms and Conditions, we've listed below what we believe are often amongst the most important commitments for you to be aware of, to ensure that we can serve you better and that you are satisfied with the menu items and services you receive from TLC:

Tender Loving Cuisine Australia Pty Ltd ABN 71 618 966 920, Suite 105, 166 Great North Road, Five Dock, NSW, 2046.

If at any time you would like to contact us about any aspect of your experience with TLC and/or any of these Terms and Conditions, please do so by emailing clientservices@tlc.org.au, or by calling Freecall 1800 801 200.

Other sections within these Terms and Conditions are listed below, and our Privacy Policy is a separate document also available from the TLC website.

Orders, Delivery & Products

Accurate Information: Information provided by you in placing an Order or opening an Account must be accurate and complete. You must inform TLC if there's a change to your details.

Minimum Order Value: We reserve the right to specify a total minimum quantity of menu items or value for orders, below which orders will not be accepted. We may also charge a delivery fee on order values below a certain value. Minimum values and values subject to delivery fees may change from time to time, but will be clearly stated on the TLC website. We may decide to accept an order which is below the minimum order value. Doing this in one instance won't oblige us to accept an order which is below the minimum order value at any other time. The order value and the minimum order value are based on the value after any promotional discounts are applied, but it excludes any Delivery Fee.

Order and Delivery Days: You can place an order with TLC at any time. You can view if we deliver to your area, and the days we deliver, from the Delivery section of the TLC website. You may select an available delivery day up to 28 days in advance of the day you place your order.

Delivery: Deliveries will be made on weekdays as close as possible between 7.00am and 6.00pm subject to traffic conditions and delays. TLC couriers will deliver the menu items to you at the Delivery Address on the date agreed. We will presume that anyone present at the Delivery Address who receives the menu items is authorised by you to receive them.

If you request our courier to place the menu items in your freezer and we agree that it is practical to do so, you agree to continually indemnify and hold harmless TLC (including its officers, employees, couriers and agents) from any Loss suffered or incurred through the delivery of the menu items beyond your front door. 'Loss' means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

Special Delivery Instructions, Safe & Shady Place, and Authority to Leave: If it is likely that you will not be home at the time of delivery you may nominate a safe and shady place where you authorise us to leave your esky if you are not present. It is your responsibility entirely to ensure, through your special delivery instructions and the location itself that your safe and shady place is straightforward for our courier to find and safe for our courier to access. It must also be sufficiently secure as to avoid the possibility of your esky being stolen, and it must also be a location out of direct sun (especially on hot days in summer).

We cannot leave eskies outside security gates or on public property. If you live in an apartment building with a security gate or premises where there is not a safe and shady space to leave your esky if you are not home at the delivery time, we encourage you to direct us to deliver your esky to an alternative address, such as a neighbour.

By confirming your order, you grant TLC (including its officers, employees, couriers and agents) an Authority to Leave. You agree to continually indemnify and hold harmless TLC (including its officers, employees, couriers and agents) from any Loss suffered or incurred through the delivery of the esky according to your specific delivery instructions. 'Loss' means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

If we are unable to leave the esky at your nominated delivery location, we will attempt to contact you by telephone for further delivery instructions. We reserve the right to charge an additional delivery fee if you direct us to deliver your esky to an alternate location. Your menu items are perishable and will only remain frozen for a few hours. If we cannot deliver them in accordance with your instructions on the agreed delivery date, you remain liable for the menu items you have ordered, and yet we may be forced to discard those menu items (due to failure on your part to enable us to deliver) without any liability to you to refund you for or replace those menu items, or refund any delivery fee.

Order & Delivery Related Communications: We will confirm your order online at the time you place and pay for it via provision of a TLC client order number. We will also send you an email confirmation of your order.

TLC does not provide a hard copy delivery note or invoice with the esky. Please refer to your order confirmation email or your order history and tax invoices stored within your TLC Account.

Order Cancellation Timing (by you): Your order cancellation must be made by a telephone call to the office 2 working days prior to your delivery day to be effective, after which time your order is final, and you are committed to the menu items and services being provided by TLC. If you cancel your order prior to the order becoming final, the total cost of your order, including all fees and charges, will be refunded to the payment type you used to place that order.

Order Changes to Items and Delivery Address (by you): It is not possible for you to change the items in an order, or the delivery address, once the order has been placed. If you have forgotten something or otherwise wish to amend your order, then you must phone the TLC office the same day after placing your order.

Delivery Date/Time Change (by you): Depending on the time between when you originally place your order and the day you select to have your order delivered, you may or may not be able to subsequently change the day and time when your order is delivered. To check if this is possible you must phone the TLC office to confirm that it is possible.

Order Cancellation & Amendments (by TLC): We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if the menu items in that order are not available; or there is an error in the price or the menu item description posted on the website for the menu items in that order; or your order has been placed in breach of these terms and conditions.

If we cancel any part of an order we will endeavour to provide you with reasonable notice of that cancellation by email, and will not charge you for the cancelled order (or part of the cancelled order). We will reimburse you the purchase price of the cancelled part of your order, via a credit to your account, or a refund to your original payment method, or through an alternative means determined by us.

Out of Stock Items: Generally out of stock items will appear as such on the website and you should not be able to order them. However, if a menu item you do order is later determined by us to be unavailable, we'll replace it with a menu item that you have already ordered.

Missing or Incorrect Items: If an item you have ordered is missing from the esky we deliver to you, and you have not already heard from us about a shortfall in your order, then please contact us immediately by email and briefly explain the issue making reference to your order number. If we agree that there is an error in your order, we will provide you a credit or refund for the item or items that you ordered and that have not been supplied, or that have not been supplied correctly. We will not expect you to pay for items you have received incorrectly, and we will not ask for them to be returned.

Risk and Title in the Menu Items: Passes to you upon home delivery, or in the case of collect in-person at our factory, the risk and title passes to you at the time of collecting or paying for your TLC goods.

It is a condition of placing an order with TLC that even after title in the menu items have passed to you, that you will NOT on-sell, or attempt to on-sell, or otherwise trade the TLC branded goods.

We advise you to transfer your menu items from the esky to a freezer, as soon as possible after delivery. If for some reason the items in your esky are not frozen when you open the esky please do not refreeze or consume the products and contact us immediately.

Return of Esky: Please leave the esky in which we deliver your menu items out for collection by our courier at the time of your next delivery from TLC. We will only collect your empty esky if it is in a satisfactory condition and fit for reuse.

Packaging & Labeling of Menu Items: TLC aims to provide up-to-date pictures and details of the menu items sold via our website. At times, the picture or details of the menu items may differ from the menu items actually supplied to you. TLC uses best endeavours, but does not warrant the accuracy of the information contained about the menu items, descriptions and pictures, and recommends that you read labels carefully before consuming menu items, together with any product specific updates on the menu item details page for that item on the TLC website or within your order confirmation email.

Payment, Fees, Pricing, Refunds and Credits

Payment Options: There are several convenient online payment alternatives including MasterCard, Visa, American Express, PayPal and TLC Gift Vouchers. All charges will occur on completion of the online order process. We do not accept payment in cash and our couriers cannot accept orders or payments unless authorised specifically by the TLC office.

Credit Card Security: Your credit card details are stored until the order process has been finalised.

Our website uses Secure Sockets Layer (SSL) technology and industry standard 128-bit encryption. Basically, this makes it very hard for anyone else to intercept or access your details.

Online and Printed Menu Prices: In most situations TLC prices online and on printed menus will be the same, however we do not warrant as much, nor do we price match.

TLC Gift Vouchers: Can be purchased and redeemed via the online TLC website or by phoning the TLC office. For online orders you must create or already have a TLC online account to purchase, and also to redeem, Gift Vouchers. They can be used as whole or part payment of an order. A Gift Voucher can only be redeemed once, and any unused portion of a TLC Gift Voucher will expire if not used on the initial order. You can only use one e-Gift Voucher per transaction. If you wish to order items for a greater value, you will need to pay the balance by credit card. TLC Gift Vouchers are not transferable and have an expiry of 1 year from the date of issue. TLC Gift Vouchers do not count toward total order value. Promotion discounts do not apply to TLC Gift Vouchers.

TLC Gift Vouchers can only be used for deliveries within our existing delivery areas.

Total Price of Menu Items: Menu items in your Order are charged at the purchase price published at the time you finalise and place your order, and that appears on the order confirmation email and/or tax invoice. The only exception is if an item is subsequently found to be out of stock or unavailable, in which case it will be replaced with a similar menu item already ordered.

Pricing Errors: TLC reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason.

Tax invoice: We will provide you with an electronic version of your tax invoice with the total price for the menu items, including credits applied and any other fees and GST. All prices are in Australian dollars.

Late cancellation fee: If you wish to cancel an order after the order cut off time, TLC may charge you a late cancellation fee.

Delivery Fee: Currently there is no charge for delivery of orders. However, if required by TLC, you will be charged the delivery fee specified in your Order confirmation. We reserve the right to charge an additional delivery fee if we are unable to deliver the goods in accordance with your instructions or Authority to Leave.

If we have attempted to deliver but have failed to deliver because of a failure on your part to meet your responsibilities set out within these Terms and Conditions, then we reserve the right to withhold sufficient funds to cover such deteriorated menu items and failed delivery or subsequent redelivery, without limitation to the value of the order and the delivery costs.

Promotional Codes and Promotion Pricing: We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.

If we reasonably believe you are placing multiple orders, or creating multiple accounts from the one household, be those accounts are held under the same or different overall registration details and used for the purposes of circumventing the order limits or abusing the terms and conditions of a particular promotion, or other terms and conditions in this document, all such Orders and accounts may be cancelled by us without notice to you. Or, in the event the menu items are already in the process of being delivered or have been provided to you by TLC, we reserve the right to charge you for promotional discounts which you have received in the course of attempting to circumvent these terms and conditions.

Promotions run by TLC may contain their own specific terms and conditions in addition to the Terms and Conditions in this document, and they will be listed on the website during the promotion.

Queries about Charges: If you have any queries about your charges please contact our TLC office. Online credit card order cancellations or refunds will be processed on the next business day in accordance with your bank handling time, and any fees or charges from us will appear on your statement from your bank/payment provider as being from TLC.

Guarantees, Refunds and Returns: The Australian Consumer Law gives consumers rights in respect of goods and services they purchase, called consumer guarantees.

Our menu items come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in these Terms and Conditions, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You're also entitled to have the menu items repaired or replaced if the menu items fail to be of acceptable quality and the failure does not amount to a major failure.

Please contact us if you are in any way no fully satisfied with the menu items and services you have received from TLC. We'll promptly review your situation or concerns and unless your dissatisfaction is due to a failure on your part to comply with your responsibilities as detailed in these terms and conditions, or is otherwise as a result of negligence or misconduct on your part, we will offer you credit or a refund in lieu of those menu items or services deemed by you to be unsatisfactory. Refunds may take 3-5 working days to appear in your account.

Due to the perishable nature of the menu items, we cannot accept returns. However, we may need to inspect, or see a photo of any order which you deem unsatisfactory before agreeing to pay a refund or credit, or to conduct product testing. Therefore in such instances, please take a photo that highlights the cause of your dissatisfaction and email it to us immediately, and please keep the affected menu items until we advise they can be discarded.

Definitions

Definitions and Explanation of Terms: Listed below are the meaning of certain terms used in this document:

Agreement, is this agreement between you and TLC to supply you menu items and services, and consists of your Order and/or your TLC Account and these Terms and Conditions. An Agreement exists once TLC accepts an order from you which occurs when your order and payment is processed, or when you establish an Account with TLC.

Account is your online registration with TLC that enables you to store and retrieve your order, delivery and payment details via the use of your email address and a password you have selected.

Authority to Leave is you agreeing for TLC to transfer title and risk in the menu items to you when we leave your esky in your nominated safe and shady place, or another place at our discretion if your place is deemed inappropriate (not safe or not shady).

Conditions are these Terms and Conditions, and any additions or variations.

Delivery Address is the address where the goods are to be delivered as stated on the Order.

Delivery Fee if applicable, is the fee payable to TLC for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order.

Menu Items are items in an order, and include packaging.

Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information.

Order is an order by you to purchase menu items and services from TLC.

Product List is the list of menu items displayed on the TLC web site.

Preferences Page or Preference Centre refers to the guest preferences page accessible when you join the TLC mailing list, or via the 'Update Your Preferences' or 'Unsubscribe' link in the footer of our emails, or from within your TLC on-line account, where you may confirm your communication preferences and some further personal information that may assist us in serving you better. This information is collected, stored and used in strict accordance with our Privacy Policy.

Website Terms and Conditions

Intellectual Property Rights: You acknowledge that TLC or its related corporations own or are licensed to use all Intellectual Property Rights in TLC, including any images, photographs or text that appears on the TLC web site. You must not make any representation to the contrary and you must not use or copy TLC in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the TLC website are owned by or licensed to TLC or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

Liability: We will use reasonable care and skill in providing the TLC website and the menu items for your use. We are responsible for loss suffered by you as a result of our negligence if it causes personal injury or death; or a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.

Subject to this clause, and to the extent permitted by law, you release and discharge TLC and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with TLC or this Agreement (including the installation, downloading, use or performance of any software related to the TLC website or applications).

Provided that it's fair and reasonable to do so, any liability by TLC resulting from a breach of warranty (express or implied) will be limited as follows. If the breach relates to the menu items, to the replacement of the menu items, or to the supply of equivalent menu items, or to the cost of those menu items; if the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again; TLC reserves the right to provide a refund in lieu of provision of the menu items and services.

These limitations don't apply to any condition or warranty implied by legislation that does not permit TLC liability to be limited.

Use of Menu Items & Website: TLC menu items are only for personal consumption and must not be resold for commercial use. You may only use the website for personal purposes unless TLC provides express written consent to the contrary. Your use of the website is governed by these Terms and Conditions.

Username and Password: You are responsible for the safekeeping of your user name and password, and you're liable if your account is misused by an unauthorised person.

Notices and Notice of Changes: TLC may add to, delete, or otherwise change any of the terms or conditions of this Agreement by giving you notice. Your use of TLC after such notice will constitute your deemed acceptance of such changes. TLC may give notice to you by email, conventional mail or notice on the TLC website. You may give notice to TLC by email to clientservices@tlc.org.au

Privacy & Security: For details on TLC commitment to your privacy, please refer to our Privacy Policy, available from the TLC website. The Privacy Policy forms part of these Terms and Conditions. You acknowledge and agree to our Privacy Policy.

Termination: TLC may terminate or suspend this Agreement at any time by giving notice or by sending you a message advising that your access privileges have been removed.

Termination of this Agreement is effective the day the notice is received, or such later date as specified in the notice. TLC may remove anyone from the client base, or terminate any TLC client account or Order, or refuse to deliver to a particular address at any time. You may cease placing orders with TLC at any time.

We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these Terms and Conditions or have used the website in a fraudulent or improper manner. TLC also reserves the right to otherwise cancel Orders.

If we lock, suspend or delete your account, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

Severability: Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.

Copyright & Trade Marks: The TLC website and its contents are subject to copyright. The copyright is owned by TLC, or in the case of some material, a third party.

You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.

This website may include registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.

Disclaimer: You agree that your access to, and use of, this website is subject to these terms and all applicable laws, and is at your own risk. This website and its contents are provided to you on "as is" basis, the site may contain errors, faults and inaccuracies and may not be complete and current.

TLC makes no representations or warranties of any kind, express or implied as to the operation of this website or the information, content, materials or menu items included on this site, except as otherwise provided under applicable laws.

Neither TLC, nor its directors, officers, employees, agents, couriers, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this website and any other website linked to this website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

Viruses: TLC cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Charity Fundraisers Pty Limited entirely of all responsibility for any consequences of its use.

Spam & Cookies: We will never knowingly send you electronic messages without your consent.

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide you website usage information as well as to assist us to improve and develop the menu items and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of the web page.

Third Party & Other Websites: This website may contain links to third party websites. TLC is not responsible for the condition or content of those sites as they are not under our control. You access those websites and/or use the website's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by TLC of the sites or the products or services provided on the site.

TLC does not permit any linkages to this website without prior permission.

TLC is not responsible for the privacy practices of websites that are linked to this website via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose website you are visiting.

Applicable Law: This site is created and controlled by TLC. Your use of this site is governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

This site may be accessed throughout Australia and overseas. TLC makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

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