OM Grocery Website and Application terms and conditions for use

This OM Grocery website or app is operated by IBIS Trading Pty Ltd ACN 623 357 773 (we, our or us). This is an e-commerce platform where you can browse, select, and order grocery products, and many more.

Consent: By accessing and/or using our website or app, you agree to these terms of use and our Privacy Policy.

(a) by completing your registration through the Site or App; and

(b) using the site or App to obtain Products from us.

Please read these Terms carefully and immediately cease using our app if you do not agree to them.

If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the site or App. You may not have more than one active account, and your account is non-transferable. You may update, edit, or terminate your account at any time through the site or app.

If you choose to use a workplace email address for your account or to access the site or app, then you are solely responsible for ensuring that you comply with the rules, policies, or protocols that apply to the use of your email address and your workplace facilities.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our app. We recommend you check our app regularly to ensure you are aware of our current terms. Materials and information on this app (Content) are subject to change without notice. We do not undertake to keep our app up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Placing an order for our products

i) You may order Products by selecting and submitting your Order through the App in accordance with these terms and conditions.

ii) Any Order placed through this App for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.

iii) We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the App.

iv) You agree to provide us with current, complete, and accurate details when asked to do so by the App.

v) Minimum purchase of 30$ ( after discount) should be made ( conditions apply)- Any item more than 1kg cannot be included in the “minimum purchase i.e. 30$”.

vi) Charge applicable for the delivery on the basis of time and distance will completely depend on our decision and will be notified to you via message or notification.

We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available if there is an error in the price or the product description posted on the App or there is an error in your order or the order has been placed in breach of these terms and conditions ( please refer to full terms and conditions).

Each Order placed for Products through the App that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions. If we reject an Order placed through the App, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your Order.

You may cancel a Grocery Order (whether it is accepted by us or not):

(a) through the app up to 30 mins before the delivery or collection window period closes i.e. before 7:00 PM the same day of purchase. If so, no fees or charges will apply to that cancellation and the full amount including delivery charge will be refunded.

(b) But if the cancellation is made after 30 mins window period, the cancellation fee of $20 will apply. Also, only the amount of purchased items will be refunded excluding the delivery charge.

Fees and charges

We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):

(a) the purchase price of each Product that is ordered;

(b) the delivery fee provided to you at the time you selected the relevant delivery window when placing your order (“Delivery Fee”); and

(d) any other fees and charges set out in these terms and conditions.

All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.

The purchase price of each Product is shown on the product list on the App at the time you place your order. The purchase price of a Product on the App may not be the same or correspond to the prices in any of our supermarkets for the same Product.

We accept the following credit cards:

(i) Visa and Visa Debit;

(ii) MasterCard and MasterCard Debit;

(iii) Direct Bank Deposit

If we are unable to successfully process your credit card payment for your Order that is accepted by us, then we may notify you of dishonor and cancel your Order.

You authorize OMGrocery to debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.

You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.

You acknowledge that:

We are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the App at our store or vice versa; and

Just like in our grocery store, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.

Returns

The Om Grocery Returns Policy applies to all purchases of Products using Websites or Apps and forms part of these terms and conditions.

If you wish to return Grocery Product in accordance with our Returns Policy, then you may

return the Grocery Product (unopened or sealed) to our grocery store with the receipt of purchase within 24 hrs of purchase and we will refund the full price (excluding delivery for change of mind) but full price including a delivery charge for any default in the product.

Prohibited conduct:

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our app; which we would consider inappropriate; or which might bring us or our app into disrepute, including (without limitation):

I) Anything that would constitute a breach of an individuals privacy (including uploading private or personal information without an individual’s consent) or any other legal rights

II) Using our app to defame, harass, threaten, menace, or offend any person

interfering with any user using our app

III) Tampering with or modifying our app, knowingly transmitting viruses or other disabling features, or damaging or interfering with our app, including (without limitation) that may damage or interfere with our app

IV) Facilitating or assisting a third party to do any of the above acts

We reserve the right to refuse service, terminate accounts, and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the App in a fraudulent or improper manner. OMGrocery also reserves the right to otherwise cancel orders in accordance with the clause.

If we lock, suspend, or delete your account under the clause, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

Warranties

You warrant that:

(a) all information and data provided by you to us through the App (including as part of the customer registration process) or otherwise is true, accurate, complete, and up to date;

(b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorized by you to do so; and

(c) you have and will comply with all relevant laws relating to your use of the App and your placement of any Order to us.

Limitation of liability:

Our 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 and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the product fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.

Without excluding, restricting, or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or OM Grocery’s liabilities under those provisions:

(a) you acknowledge that each App is provided "as is" and that we do not make any warranty or representation as to the suitability of the App or a Product for any purpose;

(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the App or the subject matter of this agreement; and

(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realize expected profits, or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

You:

(a) acknowledge that the copyright in the App, the software, design, text, and graphics comprised in the App, the selection and layout of the App, and the content and materials on the App (together, the “Materials”) are owned by or licensed to us;

(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

You may:

(a) store a reproduction of the content on this App for the sole purpose of viewing the content and Materials; and

(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

This App contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the App or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the App that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

Changes to these terms and conditions

We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.

If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.

General

The App and our website may contain links to external websites that are not operated by us or our related bodies corporate.

These links are provided for your convenience only and you agree that:

(a) We make no representations or warranties, or have any responsibility or liability for those websites; and

(b) These links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

If the whole or any part of a provision of this agreement is void, unenforceable, or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our app may be accessed throughout Australia and overseas. We make no representation that our app complies with the laws (including intellectual property laws) of any country outside Australia. If you access our app from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

OM Grocery attempts to be as accurate as possible and uses its best endeavors to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this App, is accurate, complete, reliable, current or error-free.

Safety: Do not use this phone App whilst driving or refueling your vehicle as it is dangerous.

App usage: This App and our website has been tested and operates on the open-source third generation and above. By using this app you agree that the Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Licensed Application.

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