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Terms and Conditions?

Terms and Conditions

These are our terms and conditions (Terms) that apply when you visit our website, www.tlc.org.au (the Site) or you place an order for meals with us (either online or by telephoning us).

Our privacy policy can be viewed at Privacy Policy and forms part of these Terms.

We may amend these Terms from time to time. If you have a TLC Account, we will notify you by way of email of the updated Terms (which may be provided by way of a link to the Terms appearing on the Site) or by leaving a notice with your next delivery. Any use of the Site after an updated version of the Terms has been made available indicates your acceptance of the Terms as updated.

f at any time you would like to contact us about any matter including these Terms, please contact the TLC office by email: clientservices@tlc.org.au, or by telephoning us on: 1800 801 200 (free call).

1. DEFINITIONS AND INTERPRETATION

(a) In these Terms unless the context indicates otherwise:

Australian Consumer Law means the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth).

Authority to Leave means the authority granted to TLC (including its staff and contractors) through placing an Order, permitting TLC to leave Products to fulfil the Order at the Delivery Address.

Claim means any claim, demand, suit or proceeding.

Content means all content and material available on the Site.

Delivery Address means the delivery address nominated by you in your Order.

Item means an individual Product item that has been Ordered by you.

Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

Order means an order made with TLC for the purchase of Products offered by TLC.

Personal Information has the meaning given to that term under the Privacy Act 1988 (Cth).

Price(s) means the prices for the Products as displayed from time to time on the Site at www.tlc.org.au/prices.

Products means the menu items advertised for sale from time to time on the Site at www.tlc.org.au/menu.

TLC Account means an account with TLC for which you have registered as a customer of TLC (required to place an Order).

TLC Gift Vouchers means the TLC gift vouchers available for purchase by phoning our client service team on 1800 801 200.

TLC Intellectual Property means all Intellectual Property Rights owned by and/or licensed to TLC.

Weekday means any day other than a Saturday or Sunday or public holiday in a State in which TLC offers delivery of the Products.

(b) In these Terms unless the context indicates otherwise:

(i) headings are for convenience only and do not affect the interpretation of these Terms;
(ii) words importing the singular include the plural and vice versa;
(iii) words importing a gender include each gender;
(iv) references to persons include references to corporations and other bodies and entities; and
(v) references to statutes include all statutes amending, consolidating or replacing such statutes and includes any subordinated legislation under them.

2. TLC ACCOUNT

(a) To place an Order with us you will need to provide us with certain information, including Personal Information. We will then set up a TLC Account for you that can be used for all Orders. (For online registrations this may be an automatic process by following the registration process on the Site). TLC is committed to ensuring that this information and your privacy is protected. For further information please refer to our Privacy Policy.

(b) Access to your TLC Account via the Site is by way of log-in using your email and your chosen password. You are responsible for keeping your password and log-in details safe and secure.

(c) Any registration details you use must be personal to you and must not be used by anyone else. You are responsible for any use of your email and password and keeping the details accurate and complete.

(d) If, for any reason, TLC believes on reasonable grounds that you have not complied with these Terms, or that you are misusing your TLC Account in any way, TLC may cancel, suspend or otherwise restrict your access to your TLC Account immediately and without giving any advance notice.

3. ORDERS

(a) These Terms and an Order which is placed pursuant to these Terms will form the entire agreement between you and TLC in relation to the purchase, sale and delivery of the applicable Products the subject of that Order. In the event of any inconsistency between these Terms and an Order, these Terms will prevail.

(b) Once you have placed and paid for your Order, we will confirm your Order by way of provision of a TLC client order number (Order Number). This will be recorded in your TLC Account for future reference (Order History).

(c) We reserve the right to specify a total minimum quantity of Products or value for Orders below which orders will not be accepted (Minimum Quantities). We may, in our discretion, decide to accept an Order which is below the Minimum Quantity for a Product. However, acceptance of an Order below the Minimum Quantity will not oblige us to accept any other Order(s), at any time, that are below the Minimum Quantity.

(d) The value of the Order and the Minimum Quantities:

(i) are based on the value of the Products after any promotional discounts are applied; and
(ii) may exclude any delivery fee.

(e) Generally, Products that are out of stock will appear as such on the Site and you should not be able to order such Products. However, if a Product you have Ordered is later found to be unavailable we will replace it with a Product that you have already Ordered.

(f) If a Product you have Ordered is missing from the esky that we have delivered to you and you have not already heard from us about a shortfall in your Order, then please contact us the same day by email: clientservices@tlc.org.au or by telephoning us on: 1800 801 200 (free call) and briefly explain the issue making reference to your Order Number. If there is an error in your Order we will provide you with a credit or refund for the Product(s) that you Ordered and have not been supplied, or that have not been supplied correctly.

4. AMENDING AN ORDER

(a) It is not possible for you to change the Items that are the subject of an Order and/or the Delivery Address with respect to that Order, once that Order has been placed. If you have forgotten an Item or otherwise wish to amend your Order, then you will need to promptly telephone the TLC office on 1800 801 200 (free call), on the same day that you place your Order.

(b) Depending on the time between when you originally placed your Order and the day you have selected to have your order delivered, you may or may not be able to subsequently change the day and time of when your Order will be delivered. To check if this is possible you will need to telephone the TLC office on 1800 801 200 (free call) and one of our staff members will advise whether such amendment is possible.

5. CANCELLING AN ORDER

(a) You may cancel an Order, however such cancellation must be made by way of telephone call to the TLC office by calling 1800 801 200 (free call) no less than two (2) working days prior to the specified delivery date, after which time your Order is final, and no cancellation is permitted.

(b) If you, cancel your Order:

(i) prior to the Order becoming final, the total cost of your Order, including all fees and charges, will be refunded in the same way as you paid for that Order; or
(ii) after the Order has become final, TLC may charge you a reasonable late cancellation fee.

(c) TLC may cancel any part of any Order at any time without any liability to you in any of the following circumstances:

(i) the Items(s) the subject of that Order is/are not available; or
(ii) there is an error in the Price or the Product descriptions posted on the Site for the Items in that Order.
(iii) your Order has been placed in breach of these Terms.

(d) If we cancel any part of an Order, we will:

(i) endeavour to provide you with reasonable notice of that cancellation (usually by way of notice with your delivery);
(ii) if an Item is out of stock it will be replaced with an equivalent menu item already selected; and
(iii) reimburse you the Price of any Items that you have not received (where these have not been replaced with equivalent Items) ,via:

(A) a credit to your TLC Account; or

(B) a refund to you (credited in the same way as your original payment method); or

(C) through an alternative means as reasonably determined by us.

6. DELIVERY

(a) Before placing an Order it is your responsibility to check whether we deliver to your area, and the days we deliver, either by telephoning us on 1800 801 200 (free call) or checking the relevant section of the Site, www.tlc.org.au/delivery. You can select an available delivery day up to 28 days in advance of the day you place your Order.

(b) It is your responsibility to ensure that the Delivery Address you provide to TLC for your Order is correct.

(c) Your Order will be delivered on Weekdays as close as possible between 7.00am and 6.00pm subject to traffic conditions and delays. Our couriers will deliver the Products to you:

(i) in an esky; and
(ii) at the Delivery Address; and
(iii) on the agreed date.

(d) You authorise us to make delivery to any person in your household who is present at the Delivery Address at the time of delivery and is able to receive the Items.

(e) TLC does not provide a hard copy delivery note or invoice with the esky. Please refer to your Order Confirmation in your Order History and tax invoices stored within Your TLC Account.

(f) Risk and title to the Products passes to you:

(i) upon delivery of your Order to the Delivery Address; or
(ii) in the case of collection of the Order in-person at our factory, at the time of collecting or paying for those Products.

(g) It is a condition of placing an order with TLC that you will not on-sell, or attempt to on-sell, or otherwise trade the TLC branded goods and, in the event that you breach these Terms and on-sell a Product to a third party:

(i) TLC will not be liable for any Loss and/or Claims made by an third party whether made to you or TLC directly, with respect to the Products(s); and
(ii) you indemnify TLC from any and all Claims made against TLC with respect to the Products(s).

(h) We strongly recommend that you transfer your Item(s) 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 those Items and contact us immediately.

(i) If you request our delivery person to place the Items in your freezer and we agree that it is practical to do so you agree to hold us and our delivery person harmless from any loss or injury suffered or incurred through the delivery of the Items beyond your front door.

(j) By confirming your Order you grant TLC (including its staff and contractors) an Authority to Leave.

(k) If we are unable to leave the esky at your nominated Delivery Address we will attempt to contact you by telephone for further delivery instructions. We reserve the right to charge an additional reasonable delivery fee if you direct us to deliver your esky to another location. You acknowledge that the Items that are the subject of an Order are perishable and will only remain frozen for a few hours. If we cannot deliver the Products in accordance with your instructions on the agreed delivery date you remain liable for the Items you have Ordered, which we may be forced to discard (due to failure on your part to enable us to deliver) without any liability to refund you for or replace those Products or refund any delivery fee.

(l) Please leave the esky in which we deliver the Products out for collection by our delivery person 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.

7. SPECIAL DELIVERY INSTRUCTIONS

(a) If it is likely that you will not be home at the time of delivery you may:

(i) nominate a safe and shady place where you authorise us to leave your esky if you are not present; and
(ii) provide us with instructions detailing how the delivery person will access the place you have specified (Special Delivery Instructions).

(b) it is your responsibility entirely to ensure that:

(i) Your Special Delivery Instructions are simple; and
(ii) The specified place for delivery is:

(A) easily identifiable;
(B) safe for our delivery person to access;
(C) sufficiently secure as to avoid the possibility of your esky being stolen; and
(D) a location out of direct sun (especially on hot days in summer).

(c) 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 place 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's residence.

8. DELIVERY FEES

(a) Currently there is no charge for delivery of Orders. However, we may in the future introduce a delivery fee in which case we will advise you of that delivery fee at the time that you place an Order. We reserve the right to charge a reasonable fee for delivery (not exceeding $50), if we are unable to deliver the ordered Products in accordance with your instructions or Authority to Leave.

(b) 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, then we reserve the right to withhold sufficient funds to cover such Products and failed delivery or subsequent redelivery, without limitation to the value of the Order and the delivery costs.

(c) We may charge a delivery fee on Order values below Minimum Quantities. Minimum Quantities subject to delivery fees may change from time to time, but will be clearly stated on the Site.

9. PACKAGING & PRODUCT LIFE

(a) TLC aims to provide up-to-date pictures and details of the Products sold via the Site. At times the picture or details of the Products may differ from the Products actually supplied to you.

(b) TLC uses best endeavours, but does not warrant the accuracy of the information contained about the Products, descriptions and pictures, and recommends that you read labels carefully before consuming the Products, together with any specific updates on the details page for that specific Product on the Site or contained in your Order History.

(c) The Products are labelled with a best before date ("Label"). Subject to the Label, you can generally store the frozen Products in the freezer for 180 days.

10. PRICING

(a) A Product will be charged at the Price published on the Site at the time you wish to place an Order. The overall Price of the Order will be displayed once you finalise and place your Order and on the Order History and/or tax invoice. We will provide you with an electronic version of your tax invoice with the total price for the Products, including credits applied and any other fees and GST on request.

(b) All prices are in Australian dollars.

(c) TLC reserves the right to amend any errors with the displayed Prices due to human error, computer malfunction or other reason.

(d) If you have any queries about any TLC charges please contact the TLC office by email: clientservices@tlc.org.au, or by telephoning us on: 1800 801 200 (free call).

(e) Printed brochures in your possession containing price information may be out-of-date. Please contact TLC to confirm prices.

11. PROMOTIONS & PRICING

(a) We may from time to time issue codes to individuals to be used when purchasing Products and for promotional purposes (a Promotional Code). These Promotional Codes are:

(i) personal to the individuals or organisations we issue them to; and
(ii) cannot be transferred or sold; and
(iii) are subject to the terms disclosed at the time of issue.

(b) We reserve the right to cancel any or all Promotional Codes at any time if we have reason to suspect error, fraud or any other abuse of the Promotional Codes is occurring. If we reasonably believe you are placing multiple Orders, or creating multiple TLC Accounts from the one household for the purposes of circumventing the order limits or abusing the terms and conditions of a particular promotion, or these Terms, all such orders and accounts may be cancelled by us without prior notice to you. If the Products 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.

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

12. PAYMENT

(a) We currently accept payment via MasterCard, Visa, American Express, PayPal and TLC Gift Vouchers. All charges will occur on completion of the online Order process. TLC employs Secure Pay for online payment processing, however may, from time to time, store your credit card details until the order process has been finalised. We do not accept payment in cash and our delivery people cannot accept orders or payments unless authorised specifically by TLC.

(b) The Site uses Secure Sockets Layer (SSL) technology and industry standard 128-bit encryption to protect your details as they travel over the internet. You should check that your browser is compatible with SSL encryption. This is often indicated by a 'closed lock' icon at the bottom of your screen.

(c) If TLC has grounds to suspect a fraudulent or unauthorised use of a credit card, it may decline to process an Order. This includes suspension and cancellation of the transaction and/or prevention of delivery of Orders which are the subject of a suspected illegal transaction. For the purposes of preventing fraudulent Orders, TLC may request additional identification information from you such as photo identification including your current address. If TLC requests this additional information it will only use this information in accordance with our Privacy Policy.

13. GIFT VOUCHERS

(a) TLC Gift Voucher Can be purchased and redeemed via the Site or by phoning the TLC office on 1800 801 200 (free call).

(b) You must create or already have a TLC Account to purchase, and also to redeem, Gift Vouchers online.

(c) TLC Gift Vouchers:

(i) can be used as whole or part payment of an Order;
(ii) can only be redeemed once, and any unused portion of a TLC Gift Voucher will expire if not used on the initial order;
(iii) are not transferable and have an expiry of three (3) years from the date of issue; and
(iv) do not count toward total order value and therefore promotion discounts do not apply to TLC Gift Vouchers.

(d) You can only use one Gift Voucher per transaction and, if you wish to order Products for a greater value, you will need to pay the balance by credit card.

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

14. GUARANTEES, REFUNDS AND RETURNS

(a) To the full extent permitted by law, the liability of TLC in respect to refunds and returns is limited, at the option of TLC to the:

(i) replacement or resupply of the applicable Product(s);
(ii) or payment of the cost of such replacement or resupply of the applicable Product(s).

(b) TLC does not offer any refund or return or return where you simply change your mind in respect of any purchase of a Product and, due to the perishable nature of the Products, we cannot accept returns.

(c) Refunds will only be issued to the extent required by the Australian Consumer Law and the Sale of Goods Act 1923 (NSW). The Australian Consumer Law gives consumers rights in respect of goods and services they purchase, called consumer guarantees and such guarantees cannot be excluded under the Australian Consumer Law.

(d) If Products are delivered and you notice any shortfall in the Products, you need to report the shortfall to TLC in writing accompanied by a photograph, or by email to clientservices@tlc.org.au, within 48 hours after receipt of the Products. We will promptly seek to investigate the circumstances surrounding any alleged shortfall in Products. We may need to inspect, or see a photo of any Items delivered which you consider unsatisfactory before agreeing to pay a refund or credit, or to conduct product testing. Please keep the affected Products until we advise they can be discarded. Any replacement of a Product supplied by TLC for a faulty Product will only be shipped after TLC has confirmed that there has been a shortfall in the Products.

(e) Please contact us if you are in any way not fully satisfied with the Products and services you have received from TLC. We will 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, or is otherwise as a result of negligence or misconduct on your part, we will offer you a credit or a refund in lieu of those Products or services that are found to be unsatisfactory. Refunds may take 3-5 working days to appear in your TLC Account.

(f) 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.

(g) Where a refund is authorised, there may be a delay of up to and possibly exceeding, 28 days from the authorisation date.

(h) For all assistance with returns please email TLC at clientservices@tlc.org.au.

15. DISCLAIMER OF LIABILITY

(a) TLC will use its best efforts to ensure that the Content provided on the Site is up to date. However, TLC does not warrant or represent that the Content and material displayed on the Site is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. You acknowledge that all Products listed on the Site are described by TLC to the best of its ability. All care is taken to ensure that all Product information is correct, but TLC cannot eliminate the possibility of error.

(b) TLC reserves the right to vary, modify, change or discontinue any feature or part of the Site and the hours of availability, without notice and without liability.

(c) To the full extent permitted by law, TLC accepts no responsibility for:

(i) the Content (including advertising material) posted to the Site by third parties, including (without limitation) any error, omission or inaccuracy; and/or
(ii) direct or indirect damages and/or consequential Losses associated with 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 your acceptance of these Terms):

(A) to Products, occurring during or after delivery; and/or
(B) incurred as a result of fraudulent or unauthorised use of a credit card,

and, to the full extent permitted by law, you release and discharge TLC from any and all Claims associated with any such circumstances as explained in this clause 15(c).

(d) By accepting these Terms you acknowledge that you have sufficient notice of this disclaimer and have accepted this disclaimer out of your own free will.

16. WHERE TLC IS NOT LIABLE

(a) To the extent permitted by applicable law, TLC is not responsible for, nor gives any warranty in respect of any Products which give rise to:

(i) any adverse affect on any person due to allergy or intolerant reaction arising from that person's consumption of any Product supplied by TLC;
(ii) any Loss or damage to any material and Products during storage of your Order.

(b) TLC is not liable for food perishing or other deterioration in quality caused by careless or improper handling, non-adherence to storing instructions or by other abuse or misuse caused by you or a third party.

17. INTELLECTUAL PROPERTY

(a) You acknowledge that this Site and all Content which exists in connection with this Site:

(i) belongs exclusively to TLC and/or its licensors, unless otherwise expressly stated; or
(ii) is protected by copyright, trade mark or other intellectual property rights and laws.

(b) Commercial use of this Site and any of its Content is completely prohibited. You can download, print and retain a copy of Content from the Site solely for your personal, non-commercial use, provided that the copy is unaltered and retains all proprietary notices originally displayed on the Site.

(c) You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any Content in whole or in part or permit or assist any other person to do so.

18. USE OF SITE

You may only use the Site for personal purposes unless TLC provides express written consent to the contrary.

19. THIRD PARTY & OTHER WEBSITES

(a) The Site may contain links to other websites operated by third parties which are not under the control of TLC. TLC provides these links for information only and accept no responsibility for any of those included websites or the content and material contained on the linked websites

(b) You access those third party websites and/or use of the products and services available on those third party websites 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.

(c) TLC:

(i) does not permit any linkages to the Site without prior permission; and
(ii) is not responsible for the privacy practices of websites that are linked to the Site via hyperlinks, banner advertising or otherwise.

20. SPAM & COOKIES

(a) We will never knowingly send you electronic messages without your consent.

(b) Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide website usage information as well as to assist us to improve and develop the Products and services we offer.

(c) 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.

21. YOUR CONDUCT

When using the Site you must not post or transmit any information or material that is discriminatory, defamatory, and obscene or is otherwise unlawful or infringes or violates the rights of TLC or third parties.

22. TERMINATION

(a) You may cease placing Orders with TLC at any time.

(b) We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, consider that you have breached these Terms or have used the Site in a fraudulent or improper manner. TLC also reserves the right to otherwise cancel Orders or to accept further orders for Products from you in those circumstances.

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

23. GENERAL

(a) Severability: Each provision of these Terms is severable. These Terms remain enforceable even if individual clauses are removed or deemed unenforceable.

(b) Viruses: TLC cannot guarantee that any file or program available for download and/or execution from or via the Site 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 the Site, and you release TLC entirely of all responsibility for any consequences of its use.

(c) Force Majeure: TLC shall not be liable for any failure or delay or default in performance of its obligations arising under these Terms if such failure or delay or default is caused by conditions beyond its control including but not limited to acts of god, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

(d) Applicable Law: These Terms are governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. Disputes arising from these Terms are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

Access from outside Australia: The Site may be accessed throughout Australia and overseas. TLC makes no representations that the Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site 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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