Website Terms and Conditions of Use
1. About the Website
Welcome to www.grocerybee.com.au (the 'Website'). The Website provides you
with an opportunity to browse and purchase various products that have been
listed for sale through the Website (the 'Products'). The Website provides this
service by way of granting you access to the content on the Website (the
The Website is operated by Adyatec Pty Ltd ("Grocerybee") PTY LTD (ACN 162
353 399). Access to and use of the Website, or any of its associated Products or
Purchase Services, is provided by Adyatec Pty Ltd ("Grocerybee"). Please read
these terms and conditions (the 'Terms') carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood and agree to
be bound by the Terms. If you do not agree with the Terms, you must cease
usage of the Website, or any of the Purchase Services, immediately.
Adyatec Pty Ltd ("Grocerybee") reserves the right to review and change any of
the Terms by updating this page at its sole discretion. When Adyatec Pty Ltd
("Grocerybee") updates the Terms, it will use reasonable endeavours to provide
you with notice of updates to the Terms. Any changes to the Terms take
immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms
by clicking to accept or agree to the Terms where this option is made available to you
by Adyatec Pty Ltd ("Grocerybee") in the user interface.
3. Registration to use the Purchase Services
In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of
the Purchase Services, you may be required to provide personal information
about yourself (such as identification or contact details), including:
- an email address
- preferred username
- a mailing address
- a telephone number
- a password
- Full Name, date of birth.
You warrant that any information you give to Adyatec Pty Ltd ("Grocerybee") in
the course of completing the registration process will always be accurate, correct
and up to date.
Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Adyatec Pty Ltd
- you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Adyatec Pty
Ltd ("Grocerybee") of any unauthorised use of your password or email
address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Adyatec Pty Ltd
("Grocerybee") providing the Purchase Services;
- you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by Adyatec Pty Ltd ("Grocerybee") for any illegal or unauthorised
use of the Website; and
- you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
Payment of the Purchase Price may be made through one of the following third party providers:
- Paypal (the 'Payment Gateway Providers')
- Stripe (the 'Payment Gateway Providers')
- Cash on delivery, EFTPOS on delivery
Following payment of the Purchase Price being confirmed by Adyatec Pty Ltd ("Grocerybee"), you will be issued with a receipt to confirm that the payment has been received and Adyatec Pty Ltd ("Grocerybee") may record your purchase details for future use.
Adyatec Pty Ltd ("Grocerybee") may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
If you receive damaged products, it is expected that upon inspection you will reject the delivery and hand the products back to the delivery personnel. If you do not notify GroceryBee of damaged goods upon delivery, no claim for return and/or compensation will be accepted. GroceryBee has sole discretion for: credit, replacement, exchange or repair.
If you order and receive Perishables (Vegetables, Cold, Frozen Products etc), You acknowledge and agree that upon inspection you will reject the delivery and hand the products back to the delivery personnel. If you do not notify GroceryBee upon delivery, no claim for return and/or compensation will be accepted.
GroceryBee has sole discretion for: credit, replacement, exchange or repair.
In case of a defective goods sent over 3rd party couriers, we will refund the return postage upon successful inspection of the product once received. In all other normal cases, You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund.
Adyatec Pty Ltd ("Grocerybee")'s Products come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a replacement
or refund for a major failure of the Product. You are also entitled to have the
Products repaired or replaced if the Products fail to be of acceptable quality and
the failure does not amount to a major failure (the 'Warranty').
You may make a claim under this clause (the 'Warranty Claim') for material
defects and workmanship in the Products within from the date of purchase (the
In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to Adyatec Pty Ltd ("Grocerybee") showing the date of
purchase of the Products, provide a description of the Products and the price
paid for the Products by sending written notice to Adyatec Pty Ltd ("Grocerybee")
at 25 Combewood Av, Penrith, New South Wales 2750, Australia or by email at
Where the Warranty Claim is accepted then Adyatec Pty Ltd ("Grocerybee") will,
at its sole discretion, either repair or replace any defective Products or part
thereof with a new or remanufactured equivalent during the Warranty Period at
no charge to you for parts or labour. You acknowledge and agree that you will be
solely liable for any postage or shipping costs incurred in facilitating the Warranty
The Warranty shall be the sole and exclusive warranty granted by Adyatec Pty
Ltd ("Grocerybee") and shall be the sole and exclusive remedy available to you in
addition to other rights and under a law in relation to the Products to which this
All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
The Warranty does not apply to any appearance of the supplied Products nor to
the additional excluded items set forth below nor to any supplied Products where
the exterior of which has been damaged or defaced, which has been subjected to
misuse, abnormal service or handling, or which has been altered or modified in
design or construction.
You acknowledge that the Purchase Services offered by Adyatec Pty Ltd
("Grocerybee") integrate delivery (the 'Delivery Services') through the use of
their own delivery services (the 'Delivery Service Providers').
In the event that an item is lost or damaged in the course of the Delivery
Services, Adyatec Pty Ltd ("Grocerybee") asks that you:
(a) contact us by sending an email to email@example.com outlining in
what way the Products were damaged and we can discuss about refund and other possible solutions.
Orders will be delivered within 7 business days (since order date).
If the order is not delivered within 7 business days, we will notify you(email and/or Phone) about your order status and expected delivery time.
All deliveries are made to the address as given by you, and you will be available in person to receive the delivery.
If you are not available during delivery, We can leave the order at your door if we have your written consent to do so prior to delivery.
We will not be responsible if the parcel is reported as missing after the delivering the order at your door with your written consent.
If you are not available to receive the delivery and we have not received your written consent to leave the delivery at your door,
then we will have to re-schedule the delivery. You will be paying for the delivery charges. Delivery charges are based on your delivery suburb.
8. Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of Adyatec
Pty Ltd ("Grocerybee") are subject to copyright. The material on the Website is
protected by copyright under the laws of Australia and through international
treaties. Unless otherwise indicated, all rights (including copyright) in the site
content and compilation of the website (including text, graphics, logos, button
icons, video images, audio clips and software) (the 'Content') are owned or
controlled for these purposes, and are reserved by Adyatec Pty Ltd
("Grocerybee") or its contributors.
Adyatec Pty Ltd ("Grocerybee") retains all rights, title and interest in and to the
Website and all related content. Nothing you do on or in relation to the Website
will transfer to you:
- the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Adyatec Pty Ltd
- the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Adyatec Pty Ltd
("Grocerybee") and the permission of any other relevant rights owners:
broadcast, republish, up-load to a third party, transmit, post, distribute, show or
play in public, adapt or change in any way the Content or third party contact for
any purpose. This prohibition does not extend to materials on the Website which
are freely available for re-use or are in the public domain.
Adyatec Pty Ltd ("Grocerybee") takes your privacy seriously and any information
provided through your use of the Application and/or the Purchase Services are subject
10. General Disclaimer
You acknowledge that Adyatec Pty Ltd ("Grocerybee") does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding the
Products other than provided for pursuant to these Terms.
Adyatec Pty Ltd ("Grocerybee") will make every effort to ensure a Product is
accurately depicted on the Website, however, you acknowledge that sizes,
colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
- ) Adyatec Pty Ltd ("Grocerybee") we will not be liable for any special, indirect
or consequential loss or damage (unless such loss or damage is
reasonably foreseeable resulting from our failure to meet an applicable
Consumer Guarantee), loss of profit or opportunity, or damage to goodwill
arising out of or in connection with the Purchase Services or these Terms
(including as a result of not being able to use the Purchase Services or the
late supply of the Purchase Services), whether at common law, under
contract, tort (including negligence), in equity, pursuant to statute or
Use of images in the products, Categories, Sub-Categories, Brand etc may not be the images of the actual product. Images are only for the representational purpose.
. Use of the Website, the Purchase Services, and any of the products of Adyatec
Pty Ltd ("Grocerybee") (including the Delivery Services), is at your own risk.
Everything on Website, the Purchase Services, and the Products of Adyatec Pty
Ltd ("Grocerybee"), are provided to you on an "as is" and "as available" basis,
without warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors, third party content providers or licensors of
Adyatec Pty Ltd ("Grocerybee") (including any third party where the Delivery
Services are made available to you) make any express or implied representation
or warranty about its Content or any products or Purchase Services (including the
products or Purchase Services of Adyatec Pty Ltd ("Grocerybee")) referred to on
the Website. This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
- the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
- the Content or operation in respect to links which are provided for the
- any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
Adyatec Pty Ltd ("Grocerybee")'s total liability arising out of or in connection with
the Purchase Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not exceed
the most recent Purchase Price paid by you under these Terms or where you
have not paid the Purchase, then the total liability of Adyatec Pty Ltd
("Grocerybee") is the resupply of information or Purchase Services to you.
You expressly understand and agree that Adyatec Pty Ltd ("Grocerybee"), its
affiliates, employees, agents, contributors, third party content providers and
licensors shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
Adyatec Pty Ltd ("Grocerybee") is not responsible or liable in any manner for any
site content (including the Content and Third Party Content) posted on the
Website or in connection with the Purchase Services, whether posted or caused
by users of the website of Adyatec Pty Ltd ("Grocerybee"), by third parties or by
any of the Purchase Services offered by Adyatec Pty Ltd ("Grocerybee").
You acknowledge that Adyatec Pty Ltd ("Grocerybee") does not provide the
Delivery Services to you and you agree that Adyatec Pty Ltd ("Grocerybee") will
not be liable to you for any special, indirect or consequential loss or damage, loss
of profit or opportunity, or damage to goodwill arising out of or in connection with
the Delivery Services.
12. Termination of Contract
The Terms will continue to apply until terminated by either you or by Adyatec Pty
Ltd ("Grocerybee") as set out below.
If you want to terminate the Terms, you may do so by:
- notifying Adyatec Pty Ltd ("Grocerybee") at any time; and
- closing your accounts for all of the Purchase Services which you use,
where Adyatec Pty Ltd ("Grocerybee") has made this option available to
Your notice should be sent, in writing, to Adyatec Pty Ltd ("Grocerybee") via the
'Contact Us' link on our homepage.
Adyatec Pty Ltd ("Grocerybee") may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any
- Adyatec Pty Ltd ("Grocerybee") is required to do so by law;
- the partner with whom Adyatec Pty Ltd ("Grocerybee") offered the
Purchase Services to you has terminated its relationship with Adyatec Pty
Ltd ("Grocerybee") or ceased to offer the Purchase Services to you;
- Adyatec Pty Ltd ("Grocerybee") is transitioning to no longer providing the
Purchase Services to Users in the country in which you are resident or from
which you use the service; or
- the provision of the Purchase Services to you by Adyatec Pty Ltd
("Grocerybee") is, in the opinion of Adyatec Pty Ltd ("Grocerybee"), no
longer commercially viable.
Subject to local applicable laws, Adyatec Pty Ltd ("Grocerybee") reserves the
right to discontinue or cancel your membership to the Website at any time and
may suspend or deny, in its sole discretion, your access to all or any portion of
the Website or the Purchase Services without notice if you breach any provision
of the Terms or any applicable law or if your conduct impacts Adyatec Pty Ltd
("Grocerybee")'s name or reputation or violates the rights of those of another
When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Adyatec Pty Ltd ("Grocerybee") have benefited from, been subject
to (or which have accrued over time whilst the Terms have been in force) or
which are expressed to continue indefinitely, shall be unaffected by this
cessation, and the provisions of this clause shall continue to apply to such rights,
obligations and liabilities indefinitely.
You agree to indemnify Adyatec Pty Ltd ("Grocerybee"), its affiliates, employees,
agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with any Content you post through the
any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
14. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
If for any reason whatsoever, 30 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association; Conflict
Resolution Service or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
- The mediation will be held in New South Wales, Australia.
14. Dispute Resolution
- All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as "without prejudice" negotiations for the purpose of
applicable laws of evidence.
Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the mediation
and the mediator must do so.
15. Venue and Jurisdiction:
The Purchase Services offered by Adyatec Pty Ltd ("Grocerybee") is intended to be
viewed by residents of Australia. In the event of any dispute arising out of or in relation
to the Website, you agree that the exclusive venue for resolving any dispute shall be in
the courts of New South Wales, Australia.
16. Governing Law:
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted and
construed by, under and pursuant to the laws of New South Wales, Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The validity of
this governing law clause is not contested. The Terms shall be binding to the benefit of
the parties hereto and their successors and assigns.
17. Independent Legal Advice:
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.