The Tropical Fruit Tribe takes pride in inspiring wellbeing and happiness for all our customers through our products and services and we stand behind the products we create and deliver.
This Website is owned and operated by Lisa Rae Pty Ltd trading as The Tropical Fruit Tribe (ACN 603 163 640) (“TTFT”, “us”, “our” or “we”).
- In these Terms
- “you” means any person visiting or using the Website;
- “Agreement” means the agreement between you and TTFT for the provision of food products as governed by any invoice, ordering and delivery instructions or policies provided to you by TTFT in conjunction with these Terms & Conditions;
- “TTFT facility” means our HQ and Kitchen located at 1/1 General Bridges Crescent, Daceyville, NSW 2032;
- “Website” means the website thetropicalfruittribe.com.au and its related pages, including any mobile site or mobile or other application that we may offer;
2. USE OF WEBSITE
- Your access to, browsing, contributions to and use of this Website are subject to the following Terms as well as all applicable laws, rules and regulations. By accessing or using this Website you accept and agree to the Terms, which are legally binding.
- If you do not agree to any of these Terms, you must not visit, use or continue to use the Website. We will, from time to time, revise and update the Terms and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website.
- All content and all intellectual property which includes text, images, trade marks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks (“Content”) and the selection, arrangement and “look and feel” of all content contained on the Website, is the property of TTFT or third parties who have granted TTFT permission to use it on the Website. All Content contained on the Website whether past, present or future is protected by national and international copyright, design and trade mark and other laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.
- You acknowledge that by using the Website and providing your details to us when ordering, you will receive correspondence from TTFT, including newsletters, relating to the Website and the business of TTFT.
Limited licence to use
- TTFT grants you a revocable limited non-exclusive licence to access, browse, use or contribute to the Website or the Content on your computer or similar device and download and use downloadable Content for personal, private or domestic purposes only or for the sole purpose of making purchases from or interacting with TTFT.
- You warrant that you are not visiting or using the Website or Content or purchasing any goods from the Website or from TTFT for any commercial purpose and will not access, browse, use or contribute to the Website for a commercial purpose.
- Except as expressly permitted in these Terms or on the Website, or with TTFT’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.
- You must not damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content within it.
- TTFT will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, Content, security or access to the Website or Content or in any other way prevent the usual operation of the Website and its availability to the public.
- TTFT offers for sale food and related products (“Products”). Our Products may be available for purchase via our Website or directly from TTFT. All Products that you purchase are subject to any ordering, delivery or other requirements or instructions specified on the Website or otherwise notified to you.
- When placing an order you will be required to select the Products you wish to purchase and provide the requisite details for the order. When ordering Products other than online purchases (such as downloadable books in pdf format), you must provide accurate and up-to-date details in relation to delivery or collection date and time, delivery address and contact at the delivery address (if different from the purchaser), For each order you must provide accurate and up-to-date details of the purchaser, payment details and any other information required to effectively process your order.
- If your Order includes Products other than online purchases, you must provide a street address for delivery. We cannot deliver to a PO Box or parcel locker. You should ensure that the delivery location has available freezer and/or refrigerator space available for the Products where necessary.
- By placing an order, you warrant you are not a legal minor and you are over the age of 18 years and you have full and due capacity and authority to make the order.
- TTFT reserves the right to accept or reject your order for any reason including, the unavailability of any Products, an error in the price or description of any Products or any error in your order, and in the event that we cancel your order, we will provide a full refund of any payments received from you.
- As soon as practicable after the receipt of your order an email notification will be issued to confirm your order including the nominated delivery or collection date and time. The confirmation email will be sent to the email address recorded in your order and TTFT is under no obligation to notify you of confirmation in any other manner. It is your sole responsibility to ensure that your email details are correct and that you have access to your email to receive our notification. If you fail to receive your confirmation email notification because you have recorded incorrect email details or cease having access to the email account, TTFT will not be liable for any loss that may arise.
- If you fail to receive our email notification within 24 hours after placement of your order you should immediately contact us to ensure that you order has been properly processed.
- If, after placement of your order, you are no longer available to receive your order at the specified time, you must contact us to make alternative arrangements. You may change your delivery time and date at no cost provided we are notified of the change prior to your order being dispatched to you.
- Provided we receive notice at least 2 business days prior to the scheduled delivery date for your order, you may cancel an order and receive a refund less our $30 administration fee. No refund will be given in respect of cancellations that occur within 2 days of the scheduled delivery date. Online purchases are delivered immediately upon the order being placed and once the order is finalised they cannot be cancelled.
4. Price and Payments
- Once you have submitted an order, you must make payment in full, including any delivery fee, according to the payment methods referred to on the Website or otherwise notified to you. Your order will not be processed until payment in full in cleared funds have been received by us.
- TTFT accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts. You agree to release and indemnify TTFT against any loss, damage or claim arising, directly or indirectly, from any unauthorised use of your payment details.
- If we suspect any fraudulent or unauthorised use of your payment, credit card or bank account details we may, in our sole discretion, refuse to process any order until verification has been received from you.
- We may in our sole discretion from time to time update the price of any Product. All prices are processed in Australian dollars unless otherwise notified on the Website.
- TTFT offers three types of Products for sale:
– Goods that are frozen or require refrigeration (“Cold Products”)
– Dried goods and merchandise (“Regular Products”)
– Online purchases such as downloadable books that are in pdf format (“Online Products”).
- Unless stated otherwise on the Website, Cold Products are only available for delivery in the Sydney CBD and Regular Products are available for delivery anywhere in Australia (Delivery Area).
- When you place an order you must nominate a delivery or collection date and time. Order for delivery outside the Delivery Area will not be accepted but can be placed as a collection only order.
- Delivery is charged at $12 flat rate (incl GST) unless stated otherwise on the website and is subject to change at any time. TTFT may provide a redeemable code from time to time and at its sole discretion, which will waive this fee when used during the online purchasing process.
- Our delivery days will be notified on the Website and are subject to change from time to time at TTFT’s sole discretion. Please allow at least 2 business days for delivery within the Sydney CBD. For example if an order is placed on Monday with Tuesday delivery selected then delivery will occur on Tuesday the following week. This is to allow payments to be received and processed. It is your sole responsibility to ensure you nominate the appropriate delivery date. We are not responsible nor liable for any loss incurred by you as a result of you selecting a date within the 2 business day period resulting in delivery the following week. Delivery times outside the Sydney CBD will vary depending on location and may be noted to you at the time of placing an order or may be set out on the website.
- You may collect your order from the TTFT facility free of charge at the nominated time and date. The TTFT facility will be open for collections only on the days specified on the Website. If collecting your order, you must ensure that any Cold Products are stored in a suitable container for storage to ensure the integrity of the Products is maintained. In any event, such Products must be in a refrigerated/frozen environment within 1 hour of collection pursuant to this agreement.
- For any delivery order, it is your responsibility to be available to receive the order at the specified time. If you fail to be available to receive the order at the specified time then the order will be returned to the TTFT facility.
- For any order that is returned to the TTFT facility, you must contact us to arrange collection or re-delivery at an additional cost, within 14 days. After 14 days your order will be forfeited and no refund will be available.
- It is your sole responsibility to contact us regarding any undelivered order. We are not responsible nor liable for any loss if you fail to contact us or arrange for collection or re-delivery of your order.
- Any additional costs, including re-delivery costs, must be received in full in cleared funds before re-delivery of your order will be made.
6. YOUR OBLIGATIONS
- We ensure that the Products are transported and delivered at required safe temperatures in frozen refrigerated eskies where required. You must place any frozen or refrigerated Products into your freezer within 1 hour after delivery to maintain the integrity of the Product.
- You acknowledge that you are solely responsible for complying with all terms, conditions or instructions relating to the purchase, delivery, storage or use of any Products purchased from us as described on the Website or otherwise notified to you (“Instructions”).
- TTFT is not responsible nor liable for any loss incurred because of your failure to read, understand or follow any Instructions. If you believe that any Instructions are unclear you must contact us immediately for clarification of your obligations.
- You release and indemnify TTFT against any loss, damage or claims that may arise as a result, directly or indirectly, of the conduct of yourself or any third party in the provision or receipt of any Products or your compliance with the Instructions.
7. RETURNS POLICY
- Since our Products are made from fresh produce and made to order, we are unable to accept any returns or offer any refunds for orders because you made a mistake or changed your mind.
- Immediately on receipt of collected or delivered Products you must inspect the Products to ensure you are satisfied that they comply with the corresponding order and have no defects in quality or otherwise. You must notify us within 48 hours of any defects with your Products and we will advise you of the next steps.
- No returns will be accepted where you have failed to comply with the Instructions related to the Products including the requirement to freeze or refrigerate certain Products pursuant to their Instructions.
8. PERSONAL INFORMATION
- You agree that TTFT may disclose your personal information to third party suppliers for the purpose of delivering the services.
9. Third Party Sites
- TTFT selects third party partners and associates with care and with our customers’ needs in mind. We aim to provide information and services from reputable third parties with quality products or services who will be able to fully deliver those products or those services to you.
- The Website may contain links to third party websites or content (“Third Party Content”). TTFT does not monitor, review or update, and does not have any control over, Third Party Content. Unless expressly stated otherwise, TTFT does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.
- If you use the links contained on our Website to access Third Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trade mark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by TTFT.
10. No Warranties
- The Website and Content are provided “as is” without warranty of any kind, express or implied. Except to the extent required by the law, TTFT does not make any representations or warranties as to the Website, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website.
- TTFT does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website. TTFT does not guarantee continuous, uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of TTFT’s control.
11. Limitation of Liability
- Except to the extent required by the law or as is expressly set out in the Terms, TTFT specifically disclaims all or any liability arising from your access to or use of the Website and Content, making any order or purchasing any Products, and in no event will TTFT, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if TTFT has been advised of the possibility of such damages).
- In any event, TTFT’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any Products.
- TTFT’s liability for breach of any condition or warranty implied by legislation is, at TTFT’s option, limited to supplying Products again or payment of the cost of having Products supplied again.
- Without limiting the above, you acknowledge that TTFT accepts no responsibility or any liability for orders made by you, and you acknowledge that Instructions are to be strictly observed and followed at your own risk. TTFT does not accept any responsibility or liability for any information or errors provided by you in the order, or in receiving any Products, including your failure to do all things necessary to ensure the order, receipt and use of the Products, are suitable and safe for your circumstances.
- You release and forever discharge TTFT, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim.
- This clause 11 and clause 12 apply except to the extent that any legislation applies and cannot be lawfully excluded.
- You indemnify and will keep indemnified, TTFT and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents and will hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also indemnify and will keep indemnified TTFT from any and all damage you may cause TTFT, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.
- You indemnify and will keep indemnified and hold harmless TTFT, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim, for any property or injury to or death of any person, or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or wilful misconduct of yours or any claim, suit or action brought against TTFT as a result of your ordering, booking and receiving any Products.
- This Clause contains continuing separate obligations and it survives termination.
- TTFT reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, and to limit, block or prevent access to and use of this Website without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website and its services, including any licence granted.
- TTFT reserves its right to refuse service, terminate an order or change or remove the Website or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on the order in any way, other than a refund that is expressly permitted under the Terms.
14. Intellectual Property
- You acknowledge that TTFT is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs, which to avoid doubt are absolutely assigned to TTFT.
- You acknowledge and agree that all information and materials provided to you in the delivery of the Products are the sole property of TTFT. You are not permitted to use, distribute or in any manner share any materials or information received by you from TTFT or any other party in the delivery of Products to you.
- Upon contributing or providing content of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant TTFT a licence to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause is sufficient to give effect to the licence. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Content or the Website and you warrant to TTFT you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms. You warrant that any content contributed by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
- All material published on the Website may, at TTFT’s sole discretion, be edited, removed or republished for any reason whatsoever.
15. Updates and Revisions
- We may revise and update these Terms from time to time and will publish the updated Terms on our Website. You acknowledge and agree that you are bound by these Terms as published from time to time including updated and revised Terms. TTFT recommends that you periodically visit this page to review and familiarise yourself with all Terms and review the Website generally to familiarize yourself with updates or revisions. We are not obliged to notify you prior to any changes to the Website or Terms, it is your responsibility to check the Website and Terms from time to time.
16. Other Policies
- Unless otherwise expressly stated, these Terms prevail over any representation made on the Website or by TTFT’s staff and personnel.
- If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing.
- If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of New South Wales.
- These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws.