Terms & Conditions

By subscribing to Monkeyfoodz you agree to the conditions set out below.

The Monkeyfoodz website is brought to you by Monkeyfoodz Pty Ltd (ABN 45 632 876 549) (Monkeyfoodz, we, us, our).

Your use of our website is governed by the policies, terms, and conditions set out below (Terms), so please read them carefully and contact us with any questions before you use the website. You can contact us at: info@monkeyfoodz.com.

Monkeyfoodz, together with this website and any other social media related platforms, are based in Australia and provide services only inside Australia. All dates and times referred to on our Website or in any communication with you are references to AEST or AEDST as applicable, and all prices or other amounts are in Australian Dollars, inclusive of GST unless otherwise specified.

1. User Agreement

a. By using the Monkeyfoodz website (and related mobile site) and our social media pages (Website) in respect to the supply or return of goods that is made available on our Website, form the Terms that are applicable between you and Monkeyfoodz. Your use of our website implies your acceptance of these terms and conditions (Terms) and our Privacy Policy.

b. Monkeyfoodz reserves the right to make changes to our Website and these Terms at any time – changes will be posted on the Website. By interacting with, ordering or registering on our Website, you grant us the right to add your contact details to our database where those details will be used to contact you regarding your order, shipping and other products or promotions. From time to time, we may contact you regarding offers, new products and customer feedback. You are able to remove yourself from our subscriber list by unsubscribing through the link in any email you receive from us, or by contacting our team: info@monkeyfoodz.com.

c. To the extent that any inconsistency may arise between these Terms and other policies published on our Website, these Terms overrule those inconsistencies.

d. Monkeyfoodz reserves the right to make changes to the Website and these Terms at any time.

2. Licence to use Website

a. We grant you a non-exclusive, non-transferable, royalty-free licence to use the website in accordance with these Terms.

b. You may access and use the website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the website for your own personal, non-commercial use.

c. You must not add any content to the Website:

i. unless you hold all necessary rights, licences and consents to do so;

ii. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

iii. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

iv. that would bring us, or the website, into disrepute; or

v. that infringes the intellectual property or other rights of any person.

d. The website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

e. You acknowledge and agree that:

i. we retain complete editorial control over the website and may alter, amend or cease the operation of the website at any time in our sole discretion; and

ii. the website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

If we believe that you have not complied with these Terms or any other agreement with Monkeyfoodz at any time, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.

3. Intellectual Property Rights

a. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the website.

b. By posting or adding any content onto the website or otherwise supplying material or information to us by any means, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

c. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

d. The licence in clause 2.c. will survive any termination of these Terms.

e. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clause 2.b. and 2.c.

4. Disclaimer & Liability

a. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

i. errors, mistakes or inaccuracies on the Website or our social media pages;

ii. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;

iii. personal injury or property damage of any nature resulting from your access to or use of the Website;

iv. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

v. any interruption or cessation of transmission to or from the Website;

vi. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or

vii. the quality of any product or service of any linked sites.

b. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

c. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

d. It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service merchant to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. Monkeyfoodz accepts no liability in this regard.

5. Indemnity

a. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

6. General

a. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

b. If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

c. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

d. These terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

7. Direct Debit Service

a. Once you sign up for our direct debit service you will be charged on the same day every week, fortnight or month. The charge day depends on the day you placed your order and will be listed on your profile. Please note, that if your card is declined the charge dates may vary. In order to secure payments for future purchases tokenised payment information is securely stored on our servers. Monkeyfoodz will never store the actual card information on our servers and all payments are processed via a PCI compliant payment gateway.

b. You can change your order anytime. However, to ensure the changes are effected for your next delivery you must make the changes prior to your charge date. Once the charge is processed we will be unable to update your order for that week.

c. You can cancel your direct debit at any time. However, please note that any payments already taken from your account for processed orders cannot be cancelled and will not be refunded.

8. Delivery

a. We currently offer deliveries within the Sydney Metropolitan area within NSW. A flat rate is charged for each delivery based on your suburb. You can get more information about our delivery regions on our Home Page.

b. If you are not home at time of delivery we will leave the order at the front door or in an area specified by you in the instructions when placing your order. The ice packs in the box allows it to be left in a shaded area for up to 5-8 hours (this may change based on weather temperature). Monkeyfoodz Pty Ltd will not be liable for any damage to the product if left outside for extended periods of time nor if box is damaged or stolen after delivery.

c. It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

d. We will provide you with an estimated date of delivery of your meals and will make every effort to deliver by this date.

e. If you live in a secured apartment complex, please ensure you are home to receive your delivery. If no one is available to collect your delivery please arrange a suitable time with our staff prior to the delivery date.

f. It is the responsibility of the customer to inform Monkeyfoodz Pty Ltd by emailing us at info@monkeyfoodz.com should an order does not arrive. Once we learn an order has not arrived on the due date, we will make enquiries and ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

9. Acceptance of Order

a. We reserve the right to accept or reject your order for any reason, such as the unavailability of any product or service, an error in the price of the product or service or an error in your order.

10. Order Cancellations by Us

a. We reserve the right not to provide goods or services, remove or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.