Legal capacity to transact
Restrictions on Use
Without limiting any other remedies available to the Company at law, or in equity, the Company reserves the right to, without notice;
- temporarily or indefinitely suspend, or terminate, your access or refuse to provide products to you if:
- (ii) the Company is unable to verify or authenticate any information that was/is provided
- (iii) the Company has a reasonably held belief that your actions may cause damage and or legal liability to the Company, any of its customers, suppliers or any other person
By using the Software, you agree to indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against all losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind of nature, including all legal fees on a solicitor-client basis) suffered or rendered by any of them due to, arising out of, or in anyway related to (directly or indirectly):
- you use of, connection to, this site; or
Registration and account security
Requirement for Registration
Username and Password
Upon registration with either the website or mobile application, you will be issued with a username and password to access your account. You are responsible for protecting and managing the security of your password for this site. You are to undertake to protect your password from loss and to keep it private and confidential and free from unauthorised access. You must not disclose to any other third-party persons and or entity nor allow the use of that password under any circumstances. Violation of this clause shall render you liable for any loss, damage, expense, cost, claim or liability which may be suffered by the Company from the loss, unauthorized use or disclosure of your password. Neither shall the Company be liable for any direct and/or indirect loss, damage, expense, cost, claim or liability that you or any third party may suffer and/or incur or as a result of the loss, unauthorized use or disclosure of your password.
Without limiting the provisions contained in the preceding paragraph, you understand that you must immediately contact the Company of any known or possible unauthorised use of any password or any other breach of security.
- a valid email address;
- accurate billing and contact information (including preferred delivery address in addition to telephone number and authorised billing contact and administrator); and
- any other information that may be required by the Company during the registration process.
You must promptly update this information to ensure it is accurate and current at all times.
You represent and warrant that all information you have provided to the Company, including any information provided by you through our account registration module or entered into your profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
Approval of Registrations
Order constitutes offer
We will not commence processing any order made through the application unless and until:
- payment for the order has been received by us in full using a nominated credit card and the available payment gateway provided; and
- the order has passed all internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purposes of preventing credit card and other types of fraud. In this regard, you authorise the Company to utilise any and all information you have provided therein to perform any and all kinds of fraud and/or credit check it deems necessary to validate your identity, credit worthiness and such other matters pertinent thereto.
We reserve the right at our discretion to:
- at any time:
- (i) refuse to provide products to you;
- (ii) terminate your access to this site; and/or(iii) remove or edit any content on this site.
At any time before you order is Accepted, you may:
- (i) Cancel your order; or
- (ii) If you determine that an error occurred in placing the order, you must immediately contact the Company’s customer service department (at [email protected]) to rectify the error or mistake. However, the Company does not guarantee that the order can be amended without cancelling the same completely.
In either event, you agree to pay all fees and/or costs associated with such cancellation or modification of your order as may be set by the company from time to time.
By placing an order, you understand and agree that the images, photographs, illustrations, packing images and/or any visual are representations of the products sold in the site and that the actual appearance of the products once delivered may vary.
Acceptance of orders
Acceptance of each order will take place if and when the receiving party acknowledges the transaction and notifies the customer that preparation is now taking place. Title to, and risk in, the products will pass from the Company to any intermediary third party delivery provider, and then to you on receipt of the goods. After the order has been received, we will send a confirmation email confirming such.
You acknowledge and agree that the Company reserves the right to accept only a portion of an order – based on availability – and cancel the remainder within 24 hours from when the order was partially accepted. Where applicable, if money had been transacted, partial or full refunds may also be considered by the Company.
Coupons and Discount Codes
The Company at its absolute discretion, may issue coupons and discount codes from time to time, that are redeemable via the Software. However, unless otherwise specified by the Company, such coupons and/or discount codes shall not:
- (i) apply to current orders. As such, you must use such coupons and/or discount codes prior to confirming the order and sending it out for acceptance;
- (ii) be used in conjunction with other offers, promos and/or discounts;
- (iii) be transferrable, assignable nor convertible to cash or credit
You acknowledge and agree that the Company may, at its absolute discretion, cancel, restrict or otherwise modify terms by which you can use coupons and/or discount codes; in particular, errors in pricing may result in order cancellation.
The Company will make reasonable efforts to work with third party delivery (“TPD”) providers to ensure safe and suitable delivery of your order within a reasonable timeframe – specified within the application. By ordering via the application, you agree and understand that all estimated delivery times are – in fact – estimates, and are not binding constraints on either the Company or the TPD fulfilling the actual order. In the event that a delivery fails, either through fault of the Company, or through the fault of a TPD, then appropriate recourse will be to contact the relevant support channels to determine suitable solutions. This may include, but is not guaranteed or limited to:
- the processing of refunds, or partial refunds; and
- awarding of account credit, which may be redeemed on future orders.
By placing an order with the Company, you further agree:
- (i) that the Company shall only deliver the Products you have ordered to the delivery address you have specified. To this end, you warrant that the delivery address you have provided is correct;
- (ii) to ensure that you or an authorized representative is available to accept the Products you have ordered at the time and place of delivery as determined in accordance with this clause;
- (iii) that you have granted the Company and its delivery partners the authority to leave the Products you have ordered in a safe and accessible location at the delivery address. In such an event, the parties agree the Company or the TPD will not be liable for any and all kinds of damages or losses that may be incurred from such a delivery to and thereby authorize the Company and its delivery partners to:
- (i) provide updates for the status of delivery in the application
- (ii) contact you directly regarding the delivery (incl. details etc)
The Company and/or its delivery partners, at their absolute discretion, may, instead of effecting delivery under the preceding circumstances, choose to instead re-route delivery of the Products to a nominated Company collection point or storage area if the same remains unattended after a reasonable period of time or if you have refused to accept the delivery of the same. In the case of this event, you further agree to:
- (i) pay for all costs associated with storage of the aforesaid goods, items and/or products you have ordered;
- (ii) forfeit and/or cancel the order, at the discretion of the Company, if the aforesaid Products remained undelivered and/or uncollected after a period of at least 24 hours.In case of cancellation of the order the Company may refund to you the amount you have paid less the following applicable charges:
- storage and stocking fees;
- expenses incurred in attempting to effect delivery of the said Products;
- costs associated with the return of the said Products; and
- other reasonable fees and/or expenses.
Delivery Costs and Charges
Strip secure payment Gateway
Credit and debit card payments
Payment by EFT
Refunds and other remedies
While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct to indirect) that may be suffered by person whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may ask for further information, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
- this site;
- the web or mobile application;
- all of its content (including the graphics, text, designs, software, data, sound and video files and other information contained in this site, and the structuring thereof); and
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The phrase “klikit” is a trademark of the company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, distinguishing marks and or trade dress of the Company. These trademarks, distinguishing marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
- represent and warrant to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.
If you believe that our site, web or mobile application contains any materials that infringes upon any copyright that you hold or control, or that users are directed through a link across any platform owned by the Company to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing (at [email protected]). Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in essence do not represent, warrant or guarantee that:
- the use of this site and web or mobile applications will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any products, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected;
- this site, web or mobile application or servers that make it available are free of viruses or other harmful component; or
- that the images, illustrations, photographs, illustrations, product images utilized in the site are representations of the products sold therein and that the actual appearance of the said products once delivered may vary.
Limitation of Liability
Exclusion of Liability
All of the Products that you have ordered through the site come with guarantees that cannot be excluded under the Australia Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
A Product has a major failure when:
- it has a problem that would have stopped someone from buying it if they’d known about it;
- it is significantly different from the sample or description;
- it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time;
- it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
- it is unsafe.
Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights.
Returns, Replacement or Credit as remedy
If you are not satisfied with the quality or condition of any product received from the Company – or any of the facility providers it works with, please utilise existing support channels to notify us as soon as possible so that the Company may remedy or rectify the situation for you. In certain circumstances, the Company may provide a credit instead of replacement at its absolute discretion.
In no case however, shall a return of any product be allowed and/or accepted on under the following instances:
- You return the Product you ordered after thirty (30) calendar days from the date of purchase;
- In the case of returns where the company is not at fault, but the fault has arisen due to a third-party (i.e. TPD, fulfilment partner) then the customer should follow up with the respective party – assisted by the Company where possible
- It should be evident that returns are only available for certain types of products, and there are goods that should – by their nature – be non-returnable. Non-returnable items refer to products that may include but are not limited to hygiene, garments, clothing, consumable items, ingestible medical supplies and other items similar to the foregoing;
- Where there is no proof that this particular product has been purchased from the Company;
- Your return of the subject Product simply because you changed your mind, or you purchased the item in error;
- You have damaged, broken or otherwise misused the Product you intend to return;
- Products purchased on sale or on discount shall not be refundable but, subject to the terms contained herein, may be returned for exchange of another Product or store credit, at the discretion of the Company.
In any event, you must contact our customer service prior to any possibility of return. The failure to contact and/or confirm your eligibility for such in respect of Products may render you disqualified from returning the said Product.
Dissatisfaction of/with Product
It should be noted that as a software provider – the Company takes no responsibility for the actual quality of the product delivered to you as the customer from any of the distributed kitchens and facilities we provide software to. While you may utilise our customer support channels to report these issues, we will simply act as an intermediary party, devoid of liability.
In all cases, you – as the customers – must pay the delivery costs for goods purchased. Generally, these costs will be equal to the cost forwarded by TPDs or third-party logistics providers to the Company, but this will be at the Company’s discretion.
Store Credit shall be valid for three (3) months from the date of issue. It shall not be transferrable, assignable, and convertible to cash nor shall it be reissued if lost or misplaced. The Company reserves the right to issue additional guidelines as the applicability and use of Store Credit.
- The singular includes the plural and vice-versa;
- A reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- The meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Governing law and jurisdiction
Schedule 1 – Prohibited conduct
In the course of utilising the software, you agree not to:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email; access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
- (i) abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- (ii) defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- (iii) infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- (iv) in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- (v) in breach of any person’s privacy or publicity rights;
- (vi) a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so; containing any political campaigning material, advertisements or solicitations; or likely to bring the Company or any of its staff into disrepute.
Got questions? Email us at [email protected]