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Thank you for using Quicko! These Terms of Service (“Terms”) apply when any use of the Quicko services, including Quicko's website, Quicko's mobile applications, and any websites (or portions thereof) or mobile applications that are operated by Quicko (collectively, the “Services”), and are entered into by you and Quicko.
Quicko.com.au is operated by OCART PTY LTD ACN 644 590 143, a company incorporated in Australia. The terms “we” or “us” or “Quicko” in these Terms refer to OCART PTY LTD In either case you may contact us at [email protected]
If you have any questions relating to these Terms please contact [email protected] before you place an order.
If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.accc.gov.au/consumers/consumer-rights-guarantees. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Quicko account, you confirm that you accept these Terms.
Our objective is to allow you to order Items from your local stores for delivery and facilitate the delivery to you. Where you order items, Quicko acts as an agent on behalf of you to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by Quicko.
Before you can place orders for Items using our Application, you need to open a Quicko account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
This delivery area Quicko may change at any time due to a number of factors including weather, or demand on our service. This is to ensure that Items reach your door at their best. If you try to order a delivery to a location outside the delivery area or operating hours, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
When you place an order through our Application, it needs to be accepted by us. The contract for the supply of any Item you have ordered comes into existence once we have confirmed the order. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some locations may have a minimum order value. This will be displayed on our Application. All Items are subject to availability. Quicko cannot guarantee that any of the Items sold are free of allergens.
When you place an order you will have the choice to place it as a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time period.
Unfortunately, despite our best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change the address to an alternative one that is registered with your account if you let us know before the shopper/driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if the shopper/driver has accepted the order you will be charged the full price for the Item, and if the shopper/driver has been despatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
You do not come to the door, did not pick up the phone when the shopper/driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the shopper/driver is unable to find a safe location to leave the food.
The shopper/driver refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).
You have a legal right to receive goods which match their description, which are of acceptable quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know as you have a legal right to have the issue remedied. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will remedy any failure in accordance with your legal rights. This may include providing a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history and what happened on delivery when determining the remedy that will apply in the circumstances.
When ordering via the applications you will have the option to make an item replaceable or non-replaceable. If the item is marked as replaceable on your order you are instructing the shopper/driver to use their judgement to find a suitable replacement for the item in the event that the item you ordered cannot be purchased for any reason. You agree in advance to accept the replacement.
Age restricted products (including, alcohol) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Quicko operates the Challenge 25 age verification policy whereby customers who look under aged 25 will be asked by the shopper/driver to provide proof that they are aged 18 or over. The shopper/driver may refuse to deliver any age restricted product to any person who does not look aged 25 unless they can provide a valid photo ID proving that they are aged 18 or over. The delivery shopper/driver may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.
Quicko supports the responsible service of alcohol.
You may cancel an order without charge at any time before the order has been accepted. If you wish to cancel an order before it becomes accepted, please contact us immediately, via our Application. If the order was not accepted, we will refund your payment using the same payment method as you used to originally pay for the order. If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the shopper/driver has been despatched you will also be charged for delivery.
Quicko may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.
Prices include GST. You confirm that you are using our Service for personal, non-commercial use unless you request a GST invoice. Quicko may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where Quicko makes a delivery, we may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.
Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Quicko. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Quicko acting as agent on behalf of the store only. Payment may also be made by using account credit.
All offers, coupons and promotions are provided in good faith. If a purchase including these is deemed to be excessive by Quicko, the order may be cancelled and restrictions placed on further purchases.
We acknowledge that the Competition and Consumer Act 2010 (Cth) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms is intended to exclude or restrict the application of such non-excludable terms to these Terms.
Accordingly, nothing in these Terms affects any rights that you may have which we can’t by law exclude. If Quicko breaches a non-excludable term or condition, it will be liable for that breach.
However, to the extent permitted by law, any liability of Quicko is limited to the re-supply of the relevant Item, or payment of the cost of re-supplying the relevant goods or services again.
Subject to the information set out above in this clause 12, and to the maximum extent permitted by law:
we expressly disclaim any and all guarantees, conditions, warranties and liabilities with respect to type, acceptability, the fitness for purpose of our Services, the Application and its contents;
we make no representation or warranty of any kind regarding the availability, correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Services or the Application or its contents. Your use of the Application is at your own risk;
we will not be liable to you or any other person in connection with the Services, the Application or any Items obtained through them for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, loss of actual or anticipated savings, loss of revenue, expectation, business, savings, data or unavailability of systems, other economic loss or other losses, whether arising under contract, statute, tort (including negligence) or otherwise;
we will not be liable for any use of or access to, or any inability to use or access, the Application or the Services, unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for any loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage whether our liability is in contract, tort (including negligence), under any statute or otherwise.
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court decides that any part of these Terms is unenforceable, illegal or void, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will take steps to notify you (for example, by posting an updated version of the terms on the Application). Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.
These Terms are governed by the laws of the state of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact [email protected] straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
Interactive Features Of Our Site
These content standards apply to any and all material which you contribute to our Service or Site (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Australia and in any country from which they are posted. Contributions must not:
contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trademark of any other person;
be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
immediate, temporary or permanent withdrawal of your right to use our Service;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and o
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