This website is operated by Vegily. Throughout the site, the terms “we”, “us” and “our” refer to Vegily. Vegily offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and have given us consent to allow any minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose or, in the use of the Service, violate any laws in your jurisdiction.

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in termination or suspension of your Services, subject to applicable law.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and may involve:

(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current, except where required by law.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate or current sources where appropriate.

This site may contain historical information. Historical information is not current and is provided for reference only.

We reserve the right to modify the contents of our website at any time, but we have no obligation to update information on our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, subject to applicable law.

Where a customer has an active subscription, any changes to subscription pricing will be communicated in accordance with applicable law and the terms of the subscription.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot lawfully be excluded.

 

PRODUCTS, FRESH PRODUCE AND SUBSTITUTIONS

Certain products and services may be available exclusively online through the website. These products and services may have limited quantities and are subject to our applicable Returns, Refunds or Cancellation Policy and Australian Consumer Law.

Fresh Produce

Vegily supplies fresh fruit and vegetables that naturally vary in size, shape, colour, appearance, density and weight.

Product images displayed on our website are for illustrative purposes only. The actual produce supplied may naturally vary from the images shown on the website.

Where a product is offered by weight, such as 500g or 1kg, the stated weight represents the intended quantity for that product. Due to the natural variation of fresh produce and the practical process of selecting and packing individual items, individual pieces may vary in size and weight.

Vegily will take reasonable care to provide the quantity selected by the customer and will measure and pack produce in accordance with applicable Australian trade measurement requirements.

Product Availability

Fresh produce is subject to seasonal availability, supplier availability, quality and market conditions. We may occasionally be unable to supply a particular fruit or vegetable selected by a customer.

Substitutions

If an item selected by a customer is unavailable, unsuitable or cannot reasonably be supplied at the time of packing, Vegily may provide a suitable substitute in accordance with the customer's substitution preference where one has been provided.

Customers may nominate preferred fruits or vegetables as replacement options during checkout. Vegily will make reasonable efforts to accommodate these preferences but cannot guarantee that a particular replacement will be available.

If the customer's preferred replacement is unavailable, Vegily may select a suitable alternative based on availability, seasonality, quality and reasonable value.

Where appropriate, Vegily may contact the customer before making a substitution.

Nothing in this section limits any rights or remedies available to customers under the Australian Consumer Law.

Product Changes

We reserve the right to limit the quantities of products or services offered. Product descriptions, availability and pricing may change from time to time.

We reserve the right to discontinue a product or service, subject to applicable law.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us, subject to applicable law.

We may, in our reasonable discretion, limit or cancel quantities purchased per person, per household or per order.

These restrictions may include orders placed by or under the same customer account, credit card and/or billing or delivery address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed.

We reserve the right to limit or prohibit orders that appear to have been placed for resale or commercial distribution without our approval.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account information, including your email address, delivery details and payment information, so that we can complete your transactions and contact you when necessary.

 

SUBSCRIPTIONS

Vegily may offer subscription-based products and services on a weekly, fortnightly or other recurring basis.

By purchasing a subscription, you authorise Vegily and its applicable payment provider to process recurring payments in accordance with the subscription selected at checkout.

The subscription frequency, price and applicable delivery charges will be displayed during the ordering process.

Customers are responsible for maintaining valid payment details and ensuring that sufficient funds are available for scheduled payments.

Customers may cancel their subscription in accordance with the cancellation options available through their Vegily account or by contacting Vegily.

Where applicable, cancellation may take effect immediately or at the end of the current billing period, depending on the customer's selected cancellation option and the terms applicable to the subscription.

If a scheduled payment fails, Vegily may attempt to process the payment again or contact the customer regarding the outstanding payment.

Vegily reserves the right to suspend or cancel a subscription where payment remains unsuccessful or where otherwise permitted by law.

 

OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind, except where required by law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

Any new services or features offered through the website in the future shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links may direct you to websites that are not affiliated with Vegily.

We are not responsible for examining or evaluating the content, accuracy, privacy practices or other policies of third-party websites.

We are not responsible for any harm or damages arising from transactions or interactions with third-party websites, except where liability cannot lawfully be excluded.

Please review the applicable third party's policies before engaging with their services.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us comments, suggestions, ideas, proposals, plans or other materials, you agree that we may use, reproduce, edit or publish those submissions for business purposes, subject to applicable privacy laws.

We are not obligated to maintain comments in confidence, pay compensation for comments or respond to comments.

We may monitor, edit or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, fraudulent or otherwise objectionable, or that violates intellectual property rights or these Terms of Service.

You are responsible for ensuring that comments you submit do not infringe the rights of any third party and do not contain unlawful or malicious material.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

By using our website and Services, you acknowledge that personal information may be collected, used and handled in accordance with our Privacy Policy and applicable Australian privacy laws.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, delivery charges, delivery times or availability.

We reserve the right to correct errors, inaccuracies or omissions and, where permitted by law, to update information or cancel affected orders.

If an order is cancelled because of an error, we will provide any refund required by applicable law.

We undertake no obligation to update or clarify information in the Service except as required by law.

 

PROHIBITED USES

In addition to other prohibitions contained in these Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(c) to violate applicable laws or regulations;

(d) to infringe or violate our intellectual property rights or the rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against others;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or malicious code;

(h) to collect or track the personal information of others without lawful authority;

(i) to spam, phish, pharm, pretext, spider, crawl or scrape the website without permission;

(j) for any unlawful, fraudulent or harmful purpose; or

(k) to interfere with or circumvent the security features of the Service or related websites.

We reserve the right to restrict or terminate access to our Service where a user breaches these Terms, subject to applicable law.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under Australian law, including the Australian Consumer Law.

To the extent permitted by law, Vegily does not guarantee that use of our Service will be uninterrupted, timely, secure or error-free.

To the extent permitted by law, Vegily is not responsible for losses arising from events outside our reasonable control.

Our products and services are provided subject to the consumer guarantees and other protections applicable under Australian law.

To the extent permitted by law, Vegily's liability for any loss or damage arising from the supply of goods or services will be limited to the extent permitted by applicable law.

Nothing in these Terms is intended to exclude liability for matters that cannot legally be excluded, including liability arising under applicable consumer protection laws.

 

INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Vegily, its officers, employees, contractors, suppliers and service providers from claims arising from your breach of these Terms of Service or your unlawful use of the Service.

This section does not apply to the extent that it would require you to indemnify Vegily for loss caused by Vegily's own unlawful conduct or negligence.

 

SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law and the unenforceable portion will be treated as severed.

The remaining provisions will continue in full force and effect.

 

TERMINATION

The obligations and liabilities incurred before the termination date shall survive termination of these Terms of Service where applicable.

These Terms of Service remain effective unless terminated by either you or us in accordance with these Terms and applicable law.

You may stop using our Services at any time.

If we reasonably believe that you have breached these Terms of Service, we may suspend or terminate access to our Services to the extent permitted by law.

Termination does not affect any rights or obligations that arose before termination.

 

ENTIRE AGREEMENT

The failure of Vegily to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted on the website, constitute the agreement governing your use of the Service, subject to any rights and obligations imposed by applicable law.

These Terms supersede prior versions of the Terms of Service relating to the same subject matter.

 

GOVERNING LAW

These Terms of Service and any separate agreements under which Vegily provides Services shall be governed by and construed in accordance with the laws of Australia.

Any applicable state or territory laws will also apply to the extent required.

Nothing in these Terms limits any rights a customer has under applicable Australian law.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or Service following the posting of changes constitutes acceptance of the updated Terms, to the extent permitted by law.

 

CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Email: info@vegily.com.au

Business: Vegily