DOUBLE NINE SOCIAL CLUB

TERMS AND CONDITIONS

1         Acceptance

(a)      This website (Site) is operated by Double Nine Social Club Pty Ltd ABN 86 636 276 287 t/a Double Nine Social Club (we, our or us). It is available at: https://doubleninesocial.com and may be available through other addresses or channels. Double Nine Social Club is a subscription service which offers a variety of subscription plans (Subscription) for the delivery of fresh meat products (Products).

(b)     By accessing and/or using the Site you:

(1)            warrant to us that you have reviewed these terms and conditions, including our Website Terms of Use (available on the Site) (Terms) and you have read our Privacy Policy (available on the Site);

(2)            warrant to us that you have the legal capacity to enter into a legally binding agreement with us;

(3)            warrant to us that you are a resident in one of our delivery areas set out on the Site; and

(4)            agree to use the Site in accordance with the Terms.

(c)      You must not purchase a Subscription through the Site unless you are at least 18 years old.

2         Creating an account

(a)      You are required to create an account in order to purchase a Subscription from us. 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.

(b)     When you register for an account, you will be asked to input basic contact information such as your name, email address, shipping address, billing address and payment details, and you will need to choose a username and password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

(c)      You may also choose to create an account using your Google, Facebook or other 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 email address, current profile photo and other basic information.  

3         Subscriptions

(a)      You may purchase a Subscription by following the order process on the Site, and you will receive an email from us acknowledging that we have received your purchase.

(b)     The various inclusions of each of our Subscriptions are set out on the Site. The Products included in our Subscriptions are often dependent on what our suppliers have available, to ensure that we can provide you with the freshest produce.

(c)      Depending on availability, you may modify the Products included within your Subscription at least 2 weeks in advance of your next delivery date, and the modification, as well as any modified Subscription Fee, will apply from the next month.

(d)     Subscriptions automatically continue until cancelled in accordance with this clause or until these Terms are terminated. You may request to cancel your Subscription by providing us with at least 1 month’s written notice (via email or through the Site) prior to your next delivery date. We will confirm your cancellation in writing.

(e)      We strive to provide you with high-quality Products. Due to the perishable nature of our Products, and due to market conditions outside our control, sometimes we will need to substitute certain Products. We will always aim to substitute Products with other similar Products.

4         Fees and payments

(a)      You agree to pay us the fees set out on the Site in relation to your chosen Subscription (Subscription Fee). You authorise us to debit your payment method on each relevant payment date for the Subscription Fee, throughout the duration of your Subscription.  Your payment date will be set out in your account, and in some cases, the payment date may change, for example, if payment is unable to be processed or if your Subscription began on a day not contained in a given month.

(b)     All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). The Subscription Fee you pay will include the delivery fee and any payment processing fee. Our delivery fees are set out on the Site and are dependent on your location.

(c)      You are responsible for reviewing the pricing schedule, inclusions and exclusions associated with your Subscription.

(d)     We may modify the Subscription Fee from time to time by giving you written notice, including by email at the address in your account, and/or by a notification in your account. We will endeavour to provide you with notice of any such change no less than 14 days before the change takes effect. The updated Subscription Fee will apply in the next billing cycle after the change has occurred. If you do not agree to the price change, you may cancel your Subscription within 1 week of us notifying you of the modified Subscription Fee.

(e)      You must not pay, or attempt to pay, the Subscription Fee by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final.  If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Subscription Fee.

(f)       If we offer payment via a third party payment processor, such as Tyro/PayPal, the payment will be subject to Tyro/PayPal’s terms and conditions.

(g)      We may from time to time issue promotional discount codes for certain Subscriptions or for the delivery fee on the Site. To claim the discount, you must enter the promotional discount code at the time of purchasing your Subscription, or in advance of your next payment date, through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.  

5         Delivery, Title and Risk

(a)      We will deliver the Products to the delivery address in your account so you must make sure that this address is up-to-date. We currently deliver to certain areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(b)     We may deliver the Products using a range of delivery methods such as Australia Post. During the ordering process, you must choose a delivery date and timeframe. We will aim to deliver the Products to you within that timeframe. If you will not be home at the expected delivery time, we recommend you nominate a cool, safe place near your front door, and you provide us authority to leave the Products at this place.

(c)      We may need to change your delivery date and timeframe from time to time, and we will notify you of any such change as soon as possible.   

(d)     The Products will be packaged in such a way to preserve freshness, but you should aim to place the Products in your fridge or freezer as soon as possible after delivery.

(e)      Title to and risk in the Products will pass to you as soon as they are delivered to the delivery address in your account. Once risk in the Products passes, you will be solely responsible for them.

6         Refunds

(a)      As the Products we sell are perishable, we do not accept returns for change of mind after the Products have been delivered to you.

(b)     If you have cancelled your Subscription in accordance with clause 3(c), we will process any refund due to you within 14 days of the day you gave notice of cancellation, to the payment method you originally used to purchase the Subscription.

Australian Consumer Law

(c)      Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which 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 repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 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.

(d)     If you consider that the Products you received are damaged, defective or fail to comply with the Australian Consumer Law guarantees, you can notify us, including by sending us photographs or descriptions of the defective Products, and we will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.

7         Intellectual property

(a)      All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, the Products, your Subscription, and any recipes that come with the Products or that are available on the Site) will at all times vest, or remain vested, in us.

(b)     You must not, without our prior written consent:

(1)            copy or use, 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, the Products, or your Subscription 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.

8         Limitations

(a)      Despite anything to the contrary, to the maximum extent permitted by law:

(1)            our maximum aggregate liability arising from or in connection with the Terms (including the Products, your Subscription and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Subscription Fee paid by you to us for the Subscription the subject of the relevant claim; and

(2)            we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b)     Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any: 

(1)            loss of, or damage to, the Products, or any injury or loss to any person;

(2)            failure or delay in providing the Products or your Subscription; or

(3)            breach of the Terms or any law,

where caused or contributed to by any:

(4)            event or circumstance beyond our reasonable control, including a Force Majeure Event; or

(5)            act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Products or your Subscription. 

9         Termination

(a)      We may terminate these Terms at any time by giving 1 month’s written notice to you.

(b)     Upon expiry or termination of these Terms:

(1)            we will remove your access to the Site; and

(2)            your Subscription will end, and any unused Subscription Fee will be refunded to your payment method.

10      Collection Notice

(a)      We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your Products and for other purposes set out in our Privacy Policy.

(b)     We may disclose that information to third party service providers who help us deliver our Products and services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our Products or Subscription to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c)      Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 

(d)     By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

11      General

(a)      Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control, including a Force Majeure Event. Force Majeure Event means any one, or combination of law or government regulation which comes into force or any act of God, flood, war, revolution, civil commotion, political disturbance, fire explosion, ionizing radiation, contamination by radioactivity, nuclear, chemical or biological contamination, disease, epidemic, pandemic (including in relation to the coronavirus, severe acute respiratory syndrome coronavirus 2, or any mutation thereof), government sanctioned shutdown, global economic downturn or any other cause whatsoever over which a party to these Terms has no control.

(b)     Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(c)      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 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.

(d)     Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(e)      Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(f)       Photographs: If you provide us with photographs of the Products you receive, or meals you create with the Products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

(g)      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.

(h)     Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(i)       Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(j)       Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(k)      Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to purchasing a Subscription, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Subscription that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you purchased your Subscription.

(l)       Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

For any questions and notices, please contact us at the details below. We try to respond to emails within 48 hours.

Double Nine Social Club Pty Ltd 86 636 276 287 t/a Double Nine Social Club

Email: info@doubleninesocial.com

Last update: 29 May 2020