Terms + Conditions
These Terms and Conditions (together with the documents referred to in it) set out the terms and conditions on which BetaElementCo Pty Ltd (ABN 43 137 917 492) trading as QuiteLike (QuiteLike) will supply to you the Goods listed on the QuiteLike Website. By completing the customer application process and using the QuiteLike Website, you are bound by these Terms and Conditions.
- Cut Off Time means 11:59 PM on Sunday for delivery on Monday 7 days later.
- Delivery Address is the address where the Goods are to be delivered as stated on the Order.
- Goods are items in an Order, and include packaging.
- Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information.
- Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
- Order is an order by you to purchase Goods on the QuiteLike Website.
- Product List is the list of Goods displayed on the QuiteLike Website.
- Unattended Delivery refers to an Order where you have instructed QuiteLike or otherwise agreed that the Goods can be left unattended at the Delivery Address or such other spot that QuiteLike determines is suitable at the time of delivery.
- Website means quitelike.com.
2. Subscription Services
- When you place an Order you enter into an agreement to receive the Goods on an ongoing basis. You will be charged for your initial Order between completing the first Order, and the first relevant Cut Off Time. The completion of an initial Order prior to the relevant weekly Cut Off Time constitutes authorisation for this payment at any time up to the Cut Off Time. Subsequent recurring Orders will be charged following the relevant weekly Cut-Off Time, without further authorisation from you, unless you have cancelled or otherwise modified your subscription or delivery preferences as outlined in these Terms and Conditions.
- By subscribing to QuiteLike, you are agreeing to receive our Goods on a recurring basis for an indefinite period until cancelled by you or us as set out in these Terms and Conditions. The subscription amount and billing interval are set out on the QuiteLike Website.
- You can cancel, pause, and otherwise amend your subscription at any time without the need to receive further Goods from us provided that your adjustment request is received by one of the methods outlined on the QuiteLike Website and by the Cut Off Time. You will not be charged a cancellation fee. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription.
- We reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision.
3. Customer application
- Accurate information Information provided by you in your application must be accurate and complete. You must inform QuiteLike if there is a change to your details.
- Delivery area Orders for delivery to addresses that are not in the QuiteLike delivery area cannot be processed. We will let you know if your Delivery Address ceases to be in an area where QuiteLike delivers Goods.
4. Orders and Delivery of Goods
- Subject to paragraph (b), QuiteLike will deliver the Goods to you at the Delivery Address on the delivery day. QuiteLike will not commit to delivery beyond the front door of your home or office building. “Front door” means the front door or a point beyond which entry into the interior of the building occurs. If you request QuiteLike to deliver the Goods beyond your front door and we agree that it is practical and safe to do so, you agree to continually indemnify and hold harmless QuiteLike (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door.
- QuiteLike may in its sole discretion, decide not to deliver Goods at the Delivery Address where it reasonably believes that the Goods are likely to be stolen or damaged, or deem the Delivery Address to be unsafe for any reason. In this case, QuiteLike will contact you to arrange alternative delivery options.
- Cancellation We may cancel your Order before delivery or collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:In the event that your Order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise of you of the cancellation.
- There was any error in the description of any of the Goods in your Order or the price as advertised by us.
- Suspected fraudulent activity.
- Your order is in breach of these Terms and Conditions or any other relevant terms and conditions or is contrary to any law.
- Your order is unable to be fulfilled due to unavailability of the products you have ordered from the fulfillment location.
5. Risk and title in the Goods
Risk and title in the Goods passes to you upon delivery following online payment for the Goods, at the Delivery Address (including an Unattended Delivery at the Delivery).
6. Credits and refunds
- You can make a claim for a refund or credit:Email email@example.com to lodge your claim. We will assess your claim and are happy to offer a credit or refund for any missing or faulty Goods.
- if you believe that you did not receive the Goods that you were charged for and notify QuiteLike within 14 days; or
- there is a fault or defect with Goods you have purchased, and you notify QuiteLike within a reasonable period of time,
- Credit for the value of any Goods or credits applied for any other reason (including customer care or promotional activity), will be applied to your next Order as long as the Order is worth more than the credit. Any credit is valid for one year from the date of issue. You can check the expiry date or balance of your credits by emailing firstname.lastname@example.org.
- Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this clause 6, 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 Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
7. Price of Goods and payment
- Total price of Goods Goods in your Order are charged at the purchase price published at the time you submit your Order, and that appears on the Order confirmation, except if a Good is out of stock, in which case you will not be charged for that Good.
- Pricing Errors QuiteLike reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the order at any point prior to delivery of the goods pursuant to clause 4.2 above.
- Tax invoice Before or upon delivery of the Goods, we will provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.
- Method of payment At the time you place the Order, you will be required to select your payment method, being online payment by credit card or debit card. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.
- Pre-authorisation of payment For some payment methods (including debit and credit cards) QuiteLike may pre-authorise the amount payable for your Order and only charge you the full amount (adjusted to account for any out-of-stock items) at the time we pick your Order. You authorise QuiteLike to pre-authorise the amount that is payable for an accepted Order from your nominated debit or credit card.
- Unsuccessful pre-authorisation of payment. If QuiteLike is unable to successfully process the pre-authorisation of payment for your Order, your Order may be cancelled. In the event that your Order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise you of the cancellation.
- Further authorisation of payment.QuiteLike reserves the right to make further attempts to process pre-authorisation and/or payment for your Order, if prior attempts are unsuccessful, and you consent to QuiteLike doing this. Any amounts charged to your credit or debit card that exceed the funds or credit limit available may be rejected or may result in you being charged fees or interest by the issuer of the credit or debit card. QuiteLike is not liable for any such rejection, fees or interest.
- Saved Credit Cards. Where the customer chooses to save their card details on QuiteLike, the customer consents to QuiteLike storing the card details for use only as a payment method for future purchases they may make.
8. Promo Codes
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.
For any discount codes which specify ‘Up to $200/$220 off’: This is based on an order of 4 meals for 4 people for four or five weeks. This offer signs you up to a flexible subscription — skip, pause or cancel at any time 7 days prior to your next delivery. Valid for new customers only. One use per household. Delivery fees are excluded from the discount offer. Expiry dates can be found on the relevant website page you visited, or on the printed material you received.
9. Out of stocks and substitution
- QuiteLike does not provide rainchecks on Goods ordered by you on the QuiteLike Website. QuiteLike will select for you a substitution for Goods that are out of stock. QuiteLike will try to ensure that all Goods you order (and any agreed substitutes) are supplied.
- Where a grocery product that you have selected is substituted with another grocery product, we cannot ensure that substitute grocery product caters to your specific dietary requirements, including allergies. Please read the labels of each grocery product (and any substitute grocery product provided to you) for dietary and allergy information.
10. Packaging and labelling of Goods
QuiteLike aims to provide up-to-date pictures and details of the Goods on our Website. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. QuiteLike does not warrant the accuracy of the information contained in the Product List, descriptions and pictures and recommends that you read labels carefully before consuming Goods.
11. Intellectual Property Rights
You acknowledge that QuiteLike or its related bodies corporate own or are licensed to use all Intellectual Property Rights in QuiteLike, including any images, photographs or text that appears on QuiteLike. You must not make any representation to the contrary and you must not use or copy QuiteLike in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trade marks or logos that appear on QuiteLike are owned by or licensed to QuiteLike or its related bodies corporate, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
- QuiteLike will use reasonable care and skill in providing the Goods for your use.
- Subject to clauses 16(c), 16(d) and 16(e), we are responsible for Loss suffered by you as a result of:if that Loss was reasonably foreseeable at the time.
- our negligence if it causes personal injury or death; or
- a serious breach of these Terms and Conditions by us,
- Subject to clause 16(b) and to the extent permitted by law, you release and discharge QuiteLike and its related bodies corporate from all forms of direct, special, indirect or consequential Loss (including loss of profits, loss of data or Loss that may reasonably have been supposed to have been in the contemplation of the parties as at the date of these Terms and Conditions) arising out of or in connection with QuiteLike or these Terms and Conditions.
- In respect of Unattended Deliveries only, to the maximum extent permitted by law or as otherwise set out in these terms and conditions, QuiteLike shall not be liable to you or to any other person for any loss, as a result of an act or omission by or on behalf of QuiteLike arising out of or in connection with these Terms and Conditions including but not limited to:except to the extent that such loss or damage arose as a direct result of our fraud or wilful misconduct of QuiteLike.
- where Goods are left at the Delivery Address as requested pursuant to the delivery notes left by a customer;
- where Goods are left at a Delivery Address in a manner that is consistent with the delivery instructions specified in the request for an Unattended Delivery; or
- where Goods are not left at the delivery address and require redelivery arrangements to be made,
- Provided that it's fair and reasonable to do so, any liability by QuiteLike resulting from a breach of warranty (express or implied) will be limited as follows:
- if the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods; or
- if the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again.
- These limitations don't apply to any condition or warranty implied by legislation that does not permit QuiteLike's liability to be limited.
13. Use of our Website
You may only use our Website for personal purposes unless QuiteLike provides express written consent to the contrary.
14. Third Party Websites
- QuiteLike may contain links to websites controlled by third parties (“third party websites”). QuiteLike is not responsible for any content on third party websites nor does it endorse or approve those websites. If you choose to visit third party websites, you do so at your own risk and should make your own enquiries before relying on any content you view there.
- QuiteLike makes no representations that third party websites do not infringe anyone's Intellectual Property Rights.
15. Username and Password
You are responsible for the safekeeping of your username and password, and you're liable if your account is misused by an unauthorised person.
16. Notification of Changes
QuiteLike may add to, delete, or otherwise change any of the terms of these Terms and Conditions by giving you notice as provided in clause 21. Your use of QuiteLike after notice will constitute your deemed acceptance of such changes.
If any provision of these Terms and Conditions are illegal, void, invalid or unenforceable for any reason, all other provisions which are self-sustaining and capable of separate enforcement will, to the maximum extent permitted by law, be and continue to be valid and enforceable.
20. Governing law
These Terms and Conditions are governed by the laws of Victoria. In relation to it and related non contractual matters each party irrevocably submits to the nonexclusive jurisdiction of courts with jurisdiction there, and waives any right to object to the venue on any ground.