Terms and Conditions
On Track Expeditions PTY LTD (ABN 16 166 812 442) (On Track Meals) is committed to providing quality services to you and our policies, terms, and conditions set out below (“Terms”) assist with this, so please read them carefully and contact us with any questions before you use the website.
1. Licence to use Site
a. We grant you a non-exclusive, non-transferable, royalty-free licence to use the website in accordance with these Terms.
b. You may access and use the website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the website for your own personal, non-commercial use.
c. You must not add any content to the website:
i. unless you hold all necessary rights, licences and consents to do so;
ii. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
iii. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
iv. that would bring us, or the website, into disrepute; or
v. that infringes the intellectual property or other rights of any person.
d. The website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
e. You acknowledge and agree that:
i. we retain complete editorial control over the website and may alter, amend or cease the operation of the website at any time in our sole discretion; and
ii. the website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
If we believe that you have not complied with these Terms or any other agreement, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.
2. Intellectual property rights
a. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the website.
b. By posting or adding any content onto the website or otherwise supplying material or information to us by any means, you grant us a
perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
c. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
d. The licence in clause 2(c) will survive any termination of these Terms.
e. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clause 2(b) and 2(c).
3. Our Liability to You
a. To the fullest extent permitted by law, we exclude all liability, in contract or tort (including negligence), arising in connection with our website, goods, or services or these Terms, including any liability in respect of loss of data, interruption of business, viruses and other harmful components within the website or content, or any indirect, special, punitive, consequential, incidental or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any goods.
b. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
c. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations (such as the nonexcludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010)). If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
i. in the case of goods:
A. the replacement of the goods or the supply of equivalent goods;
B. the repair of the goods;
C. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
D. the payment of having the goods repaired; and
ii. in the case of services:
A. the supply of the services again; or
B. the payment of the cost of having the services supplied again.
4. Your Liability to Us
You are liable and solely responsible for:
a. Any content you supply to us;
b. Your breach of any person’s intellectual property rights
c. Your breach of these Terms or any other agreement with us; and
d. Your breach of any applicable law.
5. General
a. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
b. If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
c. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
d. These terms are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.
6. Order Cancellations We pack and send orders within 24 hours of the order being placed on a business working day. Orders can only be cancelled if you cancel your order before it is sent. If your order has been sent, then you must return the goods unopened to our distribution warehouse at your expense. Once we have received your unopened order and inspected it, we will refund you the amount paid for your order sent. If the order has been opened or tampered with in any way, we will not issue a refund.
7. Delivery
a. We deliver nationwide
b. We use a third-party delivery provider, this could be, but not limited to; Australia Post, Sendle and/or other
c. We will provide you with a tracking number once the order has been sent
d. All delivery responsibility and information are that of the delivery provider we use to send your order.
e.
| We are not liable for any damages to order once it has left our |
| warehouse. |
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f. On Track Meals is not responsible for the delivery timeframe or complications related to the delivery location.
g. On Track meals will send your order to the address you supply on ordering. We will not be responsible for incorrect information entered on your behalf that may result in complications on orders being received.
8. Payment
a. Any transactions or purchases online can be made via American Express, MasterCard and Visa only. All transactions are processed via our partner payment service Stripe, AfterPay and Zip. On Track Expeditions Pty Ltd never stores the actual card information on our servers and all payments are processed via a PCI compliant payment gateway.
b. All payments have to be made before your purchase can be delivered.
When paying by card, if you have insufficient funds in your account or the card declines – the purchase will not go through.
9. Security
All credit card payments are processed securely through a PCI compliant Payment Gateway and payments are made directly through 256 bit SSL Encryption software to ensure your personal details are kept safe. On Track
Expeditions Pty Ltd does not store any credit card information on our servers. We may also change or add additional payment gateways to our website in the future. We take reasonable steps to protect your personal information. However, we are not liable for any unauthorised access to this information.
10. Acceptance of Order
We reserve the right to accept or reject your order for any reason, such as the unavailability of any product or service, an error in the price of the product or service or an error in your order.
11. Order Cancellations by Us
We reserve the right not to provide goods or services, remove or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
12. Discounts & Promotions
Discounts or promotion codes are non-transferable and cannot be transferred or refunded for cash. Furthermore, On Track Expeditions Pty Ltd reserves the right, subject to applicable law, to cancel any promotion or discount without prior notice. Only a single discount or promotion code per order and cannot be used in conjunction with any other discounts or promotions.
13. Other
On Track Expeditions Pty Ltd reserves the right to make changes to this website and these Terms at any time. By ordering or registering on our website you grant us the right to add your contact details to our database and use them to contact you regarding your Order, shipping, and other products or promotions. From time to time we may contact you about offers and new products. You can easily be removed from our subscriber list by either unsubscribing via a link in any email you receive from us, or by contacting us.
On Track Expeditions Pty Ltd and this website are based in Australia and provide services only inside Australia. All prices or other amounts are in Australian Dollars, inclusive of GST unless otherwise specified.
14. Contact us
Please feel free to contact us if you have any questions about these Terms.
On Track Expeditions PTY LTD Address: 3330 Romsey Rd, Chintin VIC 3756. Phone: +61 (07) 3122 7428 Email: info@ontrackexpeditions.com.au
