1. About the Website
1. 1.Welcome to www.meebasket.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1. 2.The Website is operated by Vivan Group Pty Ltd (ACN 640 537 864). Access to and use of the Website, or any of its associated Products or Services, is provided by Mee Basket. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1. 3.Mee Basket reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mee Basket updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Mee Basket (Mee Basket) in the user interface.
3. Registration to use the Purchase Services
3. 1.In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
3. 2.You warrant that any information you give to Mee Basket (traded as Mee Basket) in the course of completing the registration process will always be accurate, correct, and up to date.
3. 3.Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3. 4.You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Mee Basket; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
5. Payment - All payments are accepted online through debit or credit cards. Please keep in mind or note that delays in processing card payments and transactions can occur from time to time; this can lead to delays in deducting amounts from your bank account or adding them to your credit or debit card. Please be aware that the surcharge will be applied for some card types.
6. Prices and delivery charges- You Understand that - All the prices are shown in Australian dollars (AUD) and are subjected to change. - The prices of menu items advertised through the Services that may vary from those provided or released by Food Service Providers for the same menu items and/or the prices available on other third-party websites. As we deal with the different local stores and every store have their own pricing system and it’s possible that the products price listed on our website may have a higher price.
7. Non-authorized payments -Your order will not be processed or communicated to the relevant store if any payment you make is not authorized.
8. Minimum order system- Most of our stores have minimum order systems, please be aware that every store has a different minimum order and different delivery charge. However, you cannot add multiple items or cannot order multiple items from different stores in a single order. Please note that Upon adding any discounts or offers, the minimum order amount has to be met.
9. Purchase of Products, Returns Policy, Gift Vochers
9. 1.In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
9. 2.Payment of the Purchase Price may be made through (the 'Payment Gateway Provider' as listed or provided in the website)
9. 3.Following payment of the Purchase Price being confirmed by Mee Basket, you will be issued with a receipt to confirm that the payment has been received and Mee Basket may record your purchase details for future use.
10. Gift Vouchers or discounts (1). Gift vouchers are valid 6 months from the issuance date. (2). Unused values will not be reimbursed or attributed to any transactions after the date of expiry. (3). Gift vouchers can only be redeemed in Mee Basket listed stores against all products. (4). Gift vouchers cannot be exchanged for cash, redeemed for refund, get their balances transferred to a new voucher, or replaced upon expiry, and are therefore not legal tender, payment cards, credit or debit cards, and any other securities. (5). Any products you purchase using gift cards or vouchers, in case of returns, you will be credited with the new voucher and it’s only applicable to purchase any Mee Basket products on our website. (6). If we deem such action necessary, Mee Basket reserves the right to cancel a gift voucher. If so, we can either include an equal value substitute gift voucher, or we suspect a gift voucher scam. The gift voucher remains with us. (7). Mee Basket can from time to time alter or replace these terms which include the implementation of new fees.
10. 1. Mee Basket's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
10. 2. You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products within 2-3 from the date of purchase (the ' Warranty Period'). Only applicable products you are allowed to claim. Some of the items have limited warranty and these include fruits, vegetables.
10. 3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Mee Basket showing the date of purchase of the Products, provide a description of the Products, and the price paid for the Products by sending us an email.
10. 4. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
10. 5. Refunds and delays If you place an order using a credit or debit card, once it’s approved, you will be charged the full amount for the order. In case of any issues with your card or any other reasonable cancellations by you or any other cancellations by suppliers, the corresponding amount will be refunded by your bank or card issuer. Sometimes it will take 4-5 working days or longer depending upon the bank policies. You agree and understood that neither supplier nor Mee Basket is responsible for the delays.
10. 6. Shipping and Delivery Information (1). Mee basket is offering two types of delivery systems. First, delivery by Store or Merchants, it can be said that when a customer places an order the store will give a certain time for a delivery slot like e.g. 09:00 AM- 06:00 PM According to the store choice and it will be mentioned in the website. The store or supplier is completely responsible for delivery and Mee Basket will pay the supplier for delivery as well. (2). Secondly, we also provide the flexibility of the pickup option, where a customer needs to pick up the order and will be notified when the order ready to pick up. However, there will be no delivery cost involved in this option. (3). Neither Mee Basket nor the stores guarantee that orders are delivered or available for collection within the estimated time period. All order preparation and delivery shall be the sole responsibility of the store which accepts the order.
11. Copyright and Intellectual Property
11. 1. The Website, the Purchase Services, and all of the related products of Mee Basket are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, and software) (the 'Content') are owned or controlled for these purposes and are reserved by Mee Basket or its contributors.
11. 2. Mee Basket retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Mee Basket; or
(b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
11. 3. You may not, without the prior written permission of Mee Basket and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13. General Disclaimer
13. 1. You acknowledge that Mee Basket does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
13. 2. Mee Basket will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website.
13. 3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13. 4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Mee Basket will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13. 5. Use of the Website, the Purchase Services, and any of the products of Mee Basket is at your own risk. Everything on the Website, the Purchase Services, and the Products of Mee Basket, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Mee Basket make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Mee Basket) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14. Limitation of Liability
14. 1. Mee Basket's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Mee Basket is the resupply of the information or Purchase Services to you.
14. 2. You expressly understand and agree that Mee Basket, its affiliates, employees, agents, contributors, third party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
14. 3. Mee Basket is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Mee Basket, by third parties or by any of the Purchase Services offered by Mee Basket.
15. Termination of Contract
15. 1. The Terms will continue to apply until terminated by either you or by Mee Basket as set out below.
15. 2. If you want to terminate the Terms, you may do so by:
(a) notifying Mee Basket at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Mee Basket has made this option available to you.
Your notice should be sent, in writing, to Mee Basket via the 'Contact Us' link on our homepage.
15. 3. Mee Basket may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Mee Basket is required to do so by law;
(c) the partner with whom Mee Basket offered the Purchase Services to you has terminated its relationship with Mee Basket or ceased to offer the Purchase Services to you;
(d) Mee Basket is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Mee Basket is, in the opinion of Mee Basket, no longer commercially viable.
15. 4. Subject to local applicable laws, Mee Basket reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Mee Basket's name or reputation or violates the rights of those of another party.
15. 5. When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Mee Basket have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
16. 1. You agree to indemnify Mee Basket, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
17. Dispute Resolution
17. 1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 10 days of the Notice Endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(c) The mediation will be held in Australia. 17.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
18. Venue and Jurisdiction
The Purchase Services offered by Mee Basket is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
19. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
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