Table of Contents
Terms of Service
- Acceptance of Terms
- Accuracy of Information
- Limitation of Liability
- Names and Logos
- Electronic Communications and Your Conduct
- Grant of Licence to Alowishus Delicious
- Third party links and advertising
- Errors and Omissions
- Your Privacy
- Collecting Personal Information
- Using and disclosing your Personal Information
- Third Party Links and Advertising
- Securing your Personal Information
- Accessing your Personal Information
- Contacting the Privacy Officer
- Terms & Conditions
- Definitions and Interpretation
- Discount Codes
- Force Majeure
- Limitation of Liability
- Entire Agreement
- Governing Law
Terms of Service
1. Acceptance of Terms
2. Accuracy of Information
2.1 All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an ‘as available’ basis. Neither Alowishus Delicious, its related bodies corporate nor its or their directors or employees make any representation or warranty that:
2.2 Alowishus Delicious will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
3. Limitation of Liability
3.1 Alowishus Delicious and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Alowishus Delicious does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.
3.2 The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Alowishus Delicious of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights“). Alowishus Delicious does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
3.3 Except as provided for by the Non-excludable Rights:
(c) Alowishus Delicious does not warrant that:
(i) the functions contained in any Content or any Communications Facility (as defined in clause 8.2) or your access to the Website will be uninterrupted or error-free;
(ii) any defects will be corrected; or
(iii) the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
3.4 To the maximum extent permitted by law, under no circumstances (including, but not limited to, any act or omission on the part of Alowishus Delicious) will Alowishus Delicious or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Alowishus Delicious does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
3.5 To the maximum extent permitted by law, Alowishus Delicious’ liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Alowishus Delicious, to the following:
(a) in the case of services supplied or offered by Alowishus Delicious;
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
You agree to indemnify and hold harmless Alowishus Delicious and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.
5.3 All software used on this Website is the property of Alowishus Delicious or its software suppliers and is protected by Australian and international copyright laws.
6. Names and Logos
6.1 The Alowishus Delicious name and logo and the names and logos of Alowishus Delicious products (“Alowishus Delicious Names & Logos“) form a part of the established corporate brand and image of Alowishus Delicious and its related bodies corporate, which Alowishus Delicious considers to be a significant proprietary asset. Unless the prior written consent of Alowishus Delicious is obtained, you agree to not use any of the Alowishus Delicious Names & Logos in any way including, but not limited to:
otherwise hold yourself out as being associated with, related to or connected with Alowishus Delicious or its business.
6.2 Other product and company names or logos mentioned or displayed on this Website from time to time may be the trademarks of other people or entities. Nothing displayed on this Website should be construed as granting any licence or right of use of any trademark displayed on this Website, without the express written permission of the relevant owner.
7.1 In consideration of your use of the Website, you agree to:
7.2 You must provide your real name and email address when providing Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Alowishus Delicious has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Alowishus Delicious has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
7.3 If you use the Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
8. Electronic Communications and Your Conduct
8.1 When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8.2 The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Alowishus Delicious, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities“).
8.3 It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
8.5 Alowishus Delicious reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
9.1 Alowishus Delicious may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions“). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Alowishus Delicious disclaims any and all liability in connection with Contributions. Alowishus Delicious assumes no responsibility for monitoring any Contributions, and does not endorse any Contributions. Alowishus Delicious is under no obligation to treat your Contribution as confidential.
9.2 Alowishus Delicious may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion and without prior notice to you.
10. Grant of Licence to Alowishus Delicious
10.1 By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Alowishus Delicious and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:
10.2 The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Alowishus Delicious and any other party authorised by Alowishus Delicious all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Alowishus Delicious, you will execute and deliver to Alowishus Delicious such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
At Alowishus Delicious we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us:
Please report any suspicious activity to Alowishus Delicious immediately.
12. Third party links and advertising
12.1 Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of the Website and are not under the control of Alowishus Delicious or its related bodies corporate and neither Alowishus Delicious nor its related companies have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites, you leave the Website and do so entirely at your own risk.
12.2 The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Alowishus Delicious or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.
12.3 If you contact a third party using functionality provided on the Website, including via email, Alowishus Delicious accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
13. Errors and Omissions
Alowishus Delicious endeavours to maintain the accuracy of all product images, product descriptions, stock availability and prices shown on the Website. However, Alowishus Delicious reserves the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.
1. Your Privacy
1.1 At Tsedaqah Pty Ltd we are committed to protecting your Personal Information so that you can enjoy and feel secure during your online experience with us. The following details in general terms the way we manage your Personal Information as per the Privacy Act 1988 (Cth).
2. Collecting Personal Information
2.1 As an online retailer, only Personal Information which is necessary for us to conduct our business will be collected from you. This information is given to us by you when you contact us, register or subscribe to our website or information obtained during the course of a transaction. The types of Personal Information that may be collected from you include your name and contact details, and any other information that comes to us during the course of a normal transaction. Personal Information may also be collected regarding individuals who may not be customers of ours but whose details are given to us by those individuals or given to us by others during the course of a transaction.
3. Using and disclosing your Personal Information
3.1 Generally, any Personal Information collected from you will be used and disclosed for the primary purpose of provided you with the goods and services that you have requested and to enable us to conduct our business. We will also disclose Personal Information in cases where it would be reasonably expected of us to do so, or if you have given us your consent to do so, or if we are required by law to do so.
3.2 We may share your Personal Information with related entities of Tsedaqah Pty Ltd to inform you of our other products and services and you will be given the opportunity to unsubscribe if you so wish.
We may also disclose your Personal Information to third parties that provide services to us to enable us to provide you with the goods or services you have requested. Such third parties include Freight and Logistics suppliers, I.T. support services and Financial Institutions for payment gateway purposes.
4. Third Party Links and Advertising
4.1 Hyperlinks and pointers to websites operated by third parties will appear on our website from time to time. These websites do not form part of the Alowishus Delicious website and are not under the control of Alowishus Delicious or its related bodies corporate and neither Alowishus Delicious nor its related companies have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites, you leave our website and do so entirely at your own risk.
4.2 The alowishus.com.au website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Alowishus Delicious or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.
4.3 If you contact a third party using functionality provided on our website, including via email, Alowishus Delicious accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party
5.1 The alowishus.com.au website uses “cookies” to help you personalize your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used: a persistent cookie and a session cookie. A persistent cookie gets entered by your web browser into the “Cookies” folder on your computer and remains in this “Cookies” folder after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer.
5.2 The alowishus.com.au website may also use web “beacons” (also called “clear GIFs” or “pixel tags”) in conjunction with cookies for the same reasons. Web beacons are small strings of code that are placed in a Web page.
5.3 Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
5.4 One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize alowishus.com.au pages, or register with the alowishus.com.au website or services, the cookie helps record your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same alowishus.com.au website, information you previously provided can be retrieved, so you can easily use the features that you customized.
5.5 You can configure your internet browser (such as Microsoft Internet Explorer, Mozilla Firefox, or Safari) to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browsers instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies, if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the alowishus.com.au websites.
6. Securing your Personal Information
We take all reasonable precautions to safeguard any Personal Information collected. All electronic information is stored in a controlled secure environment until it is deleted or destroyed when no longer needed. Precautions taken include firewalls, passwords, secure servers, encryption and secure sockets.
While Tsedaqah Pty Ltd takes all reasonable steps to keep your personal information secure, accurate and current, the internet is not always a secure method of transmitting personal information. Accordingly, Tsedaqah Pty Ltd cannot accept responsibility for the security of information you send to us or receive from us over the internet or for any unauthorised access or use of that information.
7. Accessing your Personal Information
You may, upon written request, access the Personal Information that we hold as per your right of access as detailed as per the Privacy Act 1988 (Cth). Please note, some requests for access may be denied if it is unlawful for us to disclose information or if we deem it to impact on other people’s privacy or if we deem it to be prejudicial to any existing or anticipated legal proceeding. If you would like to request access to personal Information either write to us or email us on the addresses provided in the “Contact Us” section of this policy.
Tsedaqah Pty Ltd may amend this Policy from time to time. You should visit the Website regularly to ensure that you are aware of any changes to this policy.
9. Contacting the Privacy Officer
If you would like more information about the way we manage personal information which we hold about you, or are concerned that we may have breached your privacy, please contact our Privacy Officer by email, fax or post:
Shop 4, 176 Bourbong Street
BUNDABERG QLD 4670
Email us at [email protected]
If you require any further information about the Privacy Act and the National Privacy Principles, you can visit the Federal Privacy Commissioners website at www.privacy.gov.au.
1. Terms & Conditions
1.2 Tsedaqah Pty Ltd (“Alowishus Delicious”) reserves the right to amend these Terms & Conditions from time to time. You should visit the Website regularly to ensure that you are aware of any changes to these Terms & Conditions.
1.3 All Orders are accepted and handled by Alowishus Delicious in accordance with these Terms & Conditions. We recommend that you read these Terms & Conditions carefully before submitting an Order with Alowishus Delicious.
1.4 If you do not agree to these Terms & Conditions, please do not use the Website.
2. Definitions and Interpretation
In these Terms & Conditions, the following definitions and interpretations apply
2.1 Words importing the singular number include the plural and vice-versa and words importing any gender include all other genders.
2.2 Headings are for reference only and shall not affect the construction of these Terms & Conditions.
2.3 A reference to a party if more than one is to them jointly and severally.<
2.4 Any reference to a statute ordinance code or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements.
2.5 Any reference to a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal entity.
2.6 A reference to “we“, “us” or “our” is a reference to Alowishus Delicious.
2.7 A reference to “you” or “your” is a reference to the person who is taken to agree to these Terms & Conditions pursuant to clause 1.
2.8 The following words shall have meaning given to them:
“Consumer Legislation” means the Competition and Consumer Act 2010 (Cth) and any other consumer legislation in force from time to time.
“Content” has the meaning given to this term in clause 4.
“Discount Codes” has the meaning given to this term in clause 8.
“Estimated Delivery Time” means the estimated time for delivery notified to you on the Website when you submitted your Order which, in the case of delivery to an Australian address, will not normally exceed 21 days from the date we have received both your Content and your payment for your Order .
“Goods” means any goods, items or products which are available for purchase via the Website.
“Content” means any information provided to Alowishus Delicious when you submit an Order, including but not limited to any text entered on the website or Alowishus Delicious social media applications.
“Intellectual Property” includes:
(c) all rights to apply for or register such rights.
“Order” means an order submitted by you for Goods from the Website in accordance with clause 5.
“Related Body Corporate” shall have the same meaning as set out in Section 50 of the Corporations Act 2001 (Cth).
“Website” means Alowishus Delicious’ website www.alowishus.com.au.
“Website Terms” means Alowishus Delicious’ terms and conditions for the use of the Website, a copy of which is available from the Website.
3.1 Subject to clause 5.4, Alowishus Delicious provides a number of resources, accessible via the Website, which may assist you with the purchase of your Goods including, but not limited to, knowledge base articles, email and telephone support. However, you acknowledge and agree that due to the automated processes used by Alowishus Delicious in the supply of Goods:
3.2 Subject to clause 5.4, by submitting an Order, you are confirming that Alowishus Delicious may immediately commence supply the Goods and you warrant that:
3.3 Subject to clause 5.4, Alowishus Delicious will not accept any amendments to an Order once it has been submitted by you and your payment has been received
3.4 Once you have submitted and paid for an Order and delivery is in progress, your Order cannot be cancelled. However, your Order may be cancelled if delivery of the Order has not commenced yet, provided that you have:
4.1 You acknowledge and agree that Alowishus Delicious will not commence supply of the Goods until Alowishus Delicious receives full payment for your Order, together with all applicable delivery charges, in accordance with the prices listed on the Website, which are subject to change from time to time.
4.2 All prices listed on the Website are in Australian dollars.
4.3 You agree to pay any other fees or charges which may be incurred in relation to the delivery of your Order which may include, but are not limited to, duty imports, value-added taxes or customs clearance charges.
4.4 Payment for Orders and all applicable delivery charges must be made by online credit card transaction. All personal credit card information provided to Alowishus Delicious is encoded using ‘Secure Sockets Layer’ technology.
4.5 Alowishus Delicious will email you an electronic Order confirmation to your nominated email address once your Order has been captured in Alowishus Delicious’ system and your payment has been processed.
5. Discount Codes
5.1 Alowishus Delicious may, from time to time, conduct various forms of marketing or promotion whereby Alowishus Delicious will offer or provide discount codes that offer a specific discount which may be used when paying for an Order (Discount Codes). Discount Codes may be delivered to you or advertised publically including, but not limited to, on the Website.
5.2 Discount Codes may be used when paying for any Order unless the Discount Code specifically states that it may only be used in respect of Orders for specific Goods in which case the Discount Codes may not be used to pay for any other Goods.
5.3 Discount Codes may, if applicable, be delivered to you either via e-mail or post, at Alowishus Delicious’ absolute discretion. You are solely responsible for the security of Discount Codes delivered to you. Alowishus Delicious has no obligation to re-issue or re-publish any Discount Code which Alowishus Delicious has previously issued or published.
5.4 Discount Codes may not be used after the expiry date or time stated on the Discount Code or advertised with the marketing or promotion in which the Discount Code was made available.
5.5 In order to apply a Discount Code towards payment for an Order via the Website, you must ensure that you enter the Discount Code at the time of submitting and paying for your Order. Discount Codes cannot be applied towards payment for an Order after the Order has already been submitted by you. You are advised to confirm that the Discount Code entered by you has been applied correctly in reduction of the price for your Order before making payment.
5.6 In using your Discount Code, you acknowledge that all Discount Codes are subject to the following further conditions:
6. Force Majeure
6.1 Alowishus Delicious shall not be considered in default in the performance of its obligations, or be liable for any failure to deliver or for any delay in delivery of an Order to the extent that such failure or delay is caused by an event of Force Majeure.
6.2 In the event of a delay arising from an event of Force Majeure, the time of the performance of delivery of an Order shall be extended by a period of time reasonably necessary to overcome the effect of the delay.
6.3 For the purposes of this clause, ‘Force Majeure’ means:
or any other cause whether similar or dissimilar to any of the causes or categories described above and which is beyond the reasonable control of Alowishus Delicious.
7.1 You agree to indemnify and hold harmless Alowishus Delicious and its Related Bodies Corporate (and the officers, agents, partners and employees of these) against:
7.2 The indemnity given by you in these Terms & Conditions:
8. Limitation of Liability
8.1 You acknowledge and agree that in using the Software and submitting your Order, you have not relied in any way on any of Alowishus Delicious’ representations, descriptions, illustrations, specifications, skill or judgment which are not expressly stated in these Terms & Conditions or on the Website. You further acknowledge and agree that you have satisfied yourself as to the condition and suitability of the Software for your purposes.
8.2 Unless these Terms & Conditions expressly provides otherwise:
8.3 Alowishus Delicious’ liability for a breach of these Terms & Conditions, statutory causes of action, or common law or tort (including negligence) in any way arising from these Terms & Conditions will be limited to the extent that Alowishus Delicious will not be liable for any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
8.4 Notwithstanding clause 14.3, nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Consumer Legislation. If Alowishus Delicious breaches any provision of these Terms & Conditions or a condition or warranty which has been implied by the Consumer Legislation and cannot be excluded, Alowishus Delicious’ liability will be limited, where possible, to:
(a) in the case of the supply of goods:
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;whichever Alowishus Delicious prefers to provide.
8.5 The rights and remedies which you have pursuant to these Terms & Conditions are in addition to the rights and remedies under the Consumer Legislation.
8.6 Clauses 14.3 to 14.5 inclusive will survive the termination of these Terms & Conditions and will continue for the benefit of, and be enforceable by, Alowishus Delicious.
No failure to exercise and no delay in exercising on the part of you or Alowishus Delicious of a right, power or privilege under these Terms & Conditions shall operate as a waiver nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise or the exercise of any other right, power or privilege.
10. Entire Agreement
If any of part of these Terms & Conditions or any provision of any agreement in which the terms of these Terms & Conditions are expressly or impliedly incorporated, shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that part or provision shall to that extent be deemed not to form part of these Terms & Conditions or of such contract and the enforceability of the remainder of these Terms & Conditions and of the contract shall not be affected.
12. Governing Law
These Terms & Conditions are governed by the applicable law in the State of Queensland, Australia and you irrevocably submit to the authority of the Courts having jurisdiction in the State of Queensland, Australia.
Tsedaqah Pty Ltd uses reputable and reliable delivery agents for all deliveries of orders and reserves the right to change its nominated delivery agent at any time without prior notice to you.
All orders are professionally handled and packed to avoid any damage during delivery.
Tsedaqah Pty Ltd will use its bestendeavours to ensure that all orders are delivered to the delivery address supplied by you within its estimated delivery time. However, many factors beyond our control can impact our delivery times and we cannot take any responsibility for delays that may occur. We do not allow pickups to be made from our location. Please note that delays may be experienced during peak or holiday times.
You acknowledge and agree that:
(b) the estimated delivery time is an estimate only and is not an essential term of these Terms & Conditions;
(c) any delay in the delivery of an order does not entitle you to cancel the order or to a refund of your payment for the order; and
(d) Tsedaqah Pty Ltd is not liable for any delay in delivery, including delay caused by delayed payment by you, an incorrect address supplied by you or any other delays resulting from an event of Force Majeure.
Customer satisfaction is important to us, so please take the time to familiarise yourself with our returns and exchange policy.
All orders are professionally handled and packed to avoid any damage during delivery.
If you find that you receive an item that is damaged or cannot be used for its intended purpose, Tsedaqah Pty Ltd will offer to remedy the situation by way of a refund or replacement at your discretion if the problem is of a major nature. The Australian Competition and Consumer Commission defines a major problem occurring when the item:
If the problem with the item is not of a major nature as detailed above any refund or replacement will be at our discretion. Please note that under Australian Consumer laws, we are not obliged to give a refund or offer a replacement if you have simply changed your mind about a purchased item.
All returns are subject to the following conditions being met:
You acknowledge and agree that: