This website (Website) and mobile phone application (App) (together, the Platform) are operated by Thrive Collective Pty Ltd ACN 155 909 970.
In these terms and conditions, the expressions we, us and our are a reference to Thrive Collective Pty Ltd ACN 155 909 970.
Use of the Platform
If you use this Platform, you agree your use is for personal use only and that you are bound by the terms and conditions listed below.
You represent and warrant that your use of the Platform will not:
- violate any laws or regulations;
- violate any third party terms such as your mobile phone or internet service provider agreement;
- be false or misleading;
- infringe any third party rights, including intellectual property rights;
- distribute malicious code or viruses;
- threaten our infrastructure or affect the quality of access to the Platform;
- collect personal information about other users; or
- jeopardise the security of the Platform or any users’ account.
You understand that:
- you are responsible for maintaining the confidentiality and security of your personal information such as usernames, passwords, residential address, date of birth and payment methods;
- unless you log out of the Platform, you may remain logged in even after your browser or the App is closed;
- your access to the Platform may be withdrawn at any time without notice if you breach any provision of these terms and conditions;
- these terms and conditions survive any withdrawal of access to the Platform;
- you are fully responsible and liable for the actions of any individual who accesses the Platform using an electronic device which remains logged in; and
- the App may not operate in the same manner or functionality as our Website.
If you do not accept these terms and conditions, you must refrain from using the Platform.
By logging into your account, you can order our products via the Platform. We may accept or reject your order in our discretion which we will notify to you via email. If we reject your order we will refund you any money paid.
You understand and acknowledge that by ordering products via the Platform, your order is deemed to be an express intention to order the product for the stated price and you indemnify us from all claims, expenses, losses, damage and liability as a result of any act or omission directly or indirectly arising from ordering products on the Platform.
If the order is accepted, and full payment has been made, we will:
- make the ordered products available for collection at the collected point stipulated in the order; or
- deliver the ordered products to the nominated delivery address specified at the time you submitted your order. We take no responsibility as a result of products that are damaged or missing as a result of you nominating an incorrect delivery address or requesting the products be left unattended. You bear the full risk relating to the ordered products from the time those products are dispatched by us to your nominated delivery address.
You acknowledge that any timeframes given by us in relation to the collection or delivery are an estimate only, and are not binding on us.
Delivery of products
Products ordered in accordance with the above Ordering terms, will be delivered in accordance with the following:
- Please refer to the website for detailed product information and all nutritional information. Whilst we aim to provide up to date images of our products, the products actually delivered by differ in presentation and in accordance with seasonal availability.
- Products will only be delivered once full payment has been received. If you cancel your order we may charge you a cancellation fee.
- Delivery is only available to residential and business premises within the following areas: Sydney Metro, Melbourne Metro and Brisbane Metro (Delivery Areas). Click here for a full list of the Delivery Areas. Orders for delivery outside of the Delivery Areas will not be processed.
- We will use best endeavours to deliver your order on the agreed day but cannot provide specific timeframes for delivery. Delivery may occur at anytime on the selected day.
- We will deliver your order to the Front Door of Delivery Address. If the Delivery Address is past a secure access point and access is not granted, the order will be left at the main entrance to the building. If you specify a location for delivery that is not the front door or past a secure access point you agree to accept all liability and indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of the delivery of your order beyond the front door. If you cannot be home to accept delivery we recommend that you nominate a cool, safe location for the products to be stored. We do not recommend that products remain outside for lengthy periods of time. If there is someone present at the Delivery Address who receives the order, we will assume that they have the relevant authorisation to do so. For the purposes of this paragraph, Front Door means the front door or other point beyond which entry to the interior of the building begins and for the purposes of a commercial property, multi-dwelling property or similar, front door means the entrance to that commercial property or multi-dwelling property and not the entrance of an individual suite, apartment, flat or otherwise.
- Once your order is delivered to the front door of the Delivery Address, risk and title in the products passes to you.
- We will use reasonable care in providing this service to you.
- We will not be in breach of this agreement or liable for any failure or delay in the performance of our obligations under this agreement to the extent that the failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of the Customer. Force Majeure Event means any occurrence or omission outside a party’s control and includes products not being available, any failure of a third party supplier or service provider, physical natural disaster, war or other state of armed hostilities, insurrection, riot, civil commotion, act of public enemies, national emergency, declaration of martial law, epidemic or quarantine restriction, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency, law taking effect after the date of this agreement, strike, lock-out, stoppage, labour dispute or labour shortage.
For the purposes of this clause Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Sydney or Melbourne.
Delivery of Products - liability
- All of our products are provided fresh to you and care should be taken to adhere to all guidelines in relation to food storage, preparation, best before and use by dates. You agree to accept all liability and indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out your failure to comply with these guidelines. If a product smells or tastes as if it is not fresh do not consume it and notify us immediately.
- If it is not contrary to law and it is reasonable and fair to do so, we limit our liability arising from any breach of warranty whether express or implied to: in the case of a supply of goods, us replacing the goods or supplying equivalent goods, or in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
- We will be responsible for loss suffered by you (where that loss was reasonably foreseeable at the time) due to personal injury or death which was caused by our negligence; or loss suffered by you caused by a material breach of a material term of this Agreement by us.
- Subject to the preceding paragraph (h) and to the extent permissible at law, we will not be liable for Consequential Loss suffered or incurred by you in connection with this agreement. For the purposes of this clause Consequential Loss includes: loss of bargain; loss of revenues; loss of reputation; indirect loss; loss of profits; consequential loss; loss of actual or anticipated savings; lost opportunities, including opportunities to enter into arrangements with third parties; and loss or damage in connection with claims against you by third parties.
- For clarity, the limitations contained in the preceding paragraphs do not apply to any implied condition or warranty by legislation which will not permit our liability to be limited.
Intellectual property rights statement
All intellectual property rights in the Platform, including design, text, graphics, logos, icons, sound recordings and all software relating to the Platform belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.
You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Platform), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or App or create derivative works from any part of the Platform or commercialise any information obtained from any part of the Platform without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.
You agree to immediately inform us if you consider any part or content of the Platform infringes any third party intellectual property rights.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to the Platform is transmitted at your own risk. If you become aware of any problems with the security of the data or the Platform, please contact us immediately.
You must ensure that your access to the Platform is not illegal or prohibited by laws which apply to you.
We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep the Platform updated. The information on the Platform is not, and is not intended to be, advice. You should not act or refrain to act on the basis of any of the material on the Platform without first satisfying yourself as to the truth or accuracy of all information given.
We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on the Platform.
You must take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or other hardware (including your mobile device) which arises in connection with your use of the Platform or any linked website.
Use of Platform - limitation of liability
We are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with this agreement or your use of the Platform. We make no warranty or guarantee relating to the use of the Platform (including accuracy of information) and are not liable for any loss or damaged suffered by you in connection with the Platform. You use the Platform at your own risk.
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the Platform. Your continued use of the Platform following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
If you access the Platform in a jurisdiction other than Queensland, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.