Terms and Conditions
NATURALLY COOKED PTY LTD (ACN 661 102 496) – TERMS AND CONDITIONS
Our Disclosures:
Our complete terms and conditions are contained below, but some important points for you to know before you become a
customer are set out here:
- All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order.
- We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment method used for the order.
- Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss.
- We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.
Nothing in these terms limit your rights under the Australian Consumer Law.
Introduction
(a) This website (Site) is operated by Naturally Cooked Pty Ltd (ACN 661102496) (we, our or us). These terms and conditions
(Terms) are between us and you, the person placing an order for products through the Site.
Use of the Site
(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal
information without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
Accounts
(a) You may purchase products from us without an account for one-off purchases. However, if you would like to be eligible
for our Reward system, you will be required to create an account on the Site. You may also register for an account
using your Facebook or other social media network account (Social Media Account). If you sign in to your account
using your Social Media Account, you authorise us to access certain information on your Social Media Account
including but not limited to your current profile photo and other basic information.
(b) You acknowledge that by creating an account, you will be able to access a record of all of your purchases with receipts. If
you are employed as a tradesman, you may be able to claim back your purchases of our products (in particular,
sunscreen) on tax. However, you agree and acknowledge that this does not constitute tax or financial advice and you
are required to make your own inquiries in relation to any tax requirements, we are not liable if any tax deduction is
refused or unable to be made.
(c) You further acknowledge that particular promotions and/or rewards may only be available for account holders.
(d) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All
personal information that you give to us will be treated in accordance with our Privacy Policy.
(e) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account,
including purchases made using your account details.
Referral System
(a) You are eligible for a free “naturally cooked” corduroy cap (Reward) when you refer four (4) New customers, accumulating ten
(40) reward points, subject to the criteria set out below.
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(b) ‘New’ means a customer who has never purchased a product from the Site, and/or created an account with us.
(c) To be eligible for the Reward, you must have an account (Social Media Account accepted) on the Site.
(d) once you have accumulated 40 reward points and claim your Reward, your reward points revert to 0, and for each New
customer referred, you will receive 10 reward points.
Orders
(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site
(the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where
applicable) will be set out separately.
(b) You must pay the Price upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or
credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, for
example, Afterpay, ZipPay, or Stripe. You acknowledge and agree that we have no control over the actions of the third-
party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e) We do not store any credit card details, and all payment information is collected and stored through our third-party
payment processor.
(f) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to
the Price.
(g) We may from time-to-time issue promotional discount codes for certain products on the Site.
(h) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the
Site.
(i) If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may
display the date that the product is expected to be available for dispatch to you. These dates are an approximation
only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
(j) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time
run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be
made available on the Site at the time of the competition.
Price and payments
(a) This clause 6 applies to all purchases of our products.
(b) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site
(the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where
applicable) will be set out separately.
(c) You must pay the Price upfront using one of the methods set out on the Site.
(d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or
credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(e) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for
example, Afterpay, ZipPay or Stripe. You acknowledge and agree that we have no control over the actions of the third-
party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(f) You acknowledge that payment of the Price through a third-party payment provider or credit card may incur processing
fees, which will be passed onto you.
(g) We do not store any credit card details, and all payment information is collected and stored through our third-party
payment processor.
(h) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to
the Price.
(i) We may from time to time issue promotional discount codes for certain products on the Site.
(j) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the
Site.
(k) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time
run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be
made available on the Site at the time of the competition.
Delivery, title and risk
Refer to our delivery, title and risk policy on the Site.
Australian Consumer Law
(a) We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair,
replacement or refund under the Australian Consumer Law.
(b) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal
rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which
are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such
warranties and conditions are fully expressed in these Terms.
(c) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated
costs (for example delivery costs) of you returning the products to us.
(d) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and,
depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the
relevant product. Please contact us for further information.
Limitations
(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(1) neither Party will be liable for Consequential Loss;
(2) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the
relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any
failure by that Party to mitigate its losses; and
(3) our aggregate liability for any Liability arising from or in connection with the Terms (including the products
and/or the subject matter of the Terms) will be the portion of the Price paid by you in the 12 months
immediately preceding the act, event or omission giving rise to the Liability (and where there has been less
than 12 months of the Price paid, an amount equal to 12 months of the Price calculated on a pro rata basis
having regard to the amount of the Price paid and the period of time)
(b) You agree that any information contained on the Site and any materials provided with our products
(collectively Materials) are provided for general information purposes only and do not take into account your personal
circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for
professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or
condition and you are solely responsible for determining the suitability of our products for your circumstances and your
reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a
medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-
patient relationship.
Intellectual property
(a) You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted,
modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the
products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner
in which it was intended to be used.
(c) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual
Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without
limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property
to be framed or embedded in another website; or creating derivative works from any of Our Intellectual
Property.
(d) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media
page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair,
misleading or deceptive; and
(4) you comply with all other terms of these Terms.
Content you upload
(a) We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish,
submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site
and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
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(b) If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a
worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the
right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform,
transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and
our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may
request that any of your User Content is removed from the Site or social media by sending us an email to the address at
the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
(c) You agree that you are solely responsible for all User Content that you make available on or through the Site, including
on social media using a Tag. You represent and warrant that:
(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents
and releases that are necessary to grant to us the rights in such User Content (as contemplated by these
Terms); and
(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User
Content or our use of the User Content on, through or by means of our Site (including on social media) will
infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or
privacy, or result in the violation of any applicable law or regulation.
(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole
discretion), remove any User Content.
General
(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party
to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve
the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate
to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at
the details provided when you submitted your order or in your account. Any notice may be sent by standard post or
email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of
transmission in the case of transmission by email.
(c) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these
Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely
on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force
Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to
minimise the duration and adverse consequences of the Force Majeure Event.
(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint,
please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our
prior written consent.
(f) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally
submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from
those courts and waives any right to object to proceedings being brought in those courts.
(g) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do
not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you
make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a
third party website linked from the Site, such third party provides the goods and services to you, not us.
Definitions
(a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach,
act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation
of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission,
and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of
opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your
obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
(b) Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
(c) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding
or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever
arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving
a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
Naturally Cooked Pty Ltd (ACN 661102496)
Address: 15 Panorama Drive, Tweed Heads West, NSW, 2485, Australia
Phone Number: +61 435 673 667
Email: hey@naturallycooked.com.au
Last update: 08 February 2024
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