Terms and Conditions

This page (together with the documents referred to on it) tells the customer (you/your) the terms and conditions (Terms and Conditions) on which Nusameat(we/our/us) will supply to you the products (Products) listed on our website www.nusameat.com.au. Please read these Terms and conditions carefully before accessing or using our website. 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, including those 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. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the 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.

Section 1 – Delivery

– You must live in our delivery area to order.
– Please take care when specifying your delivery address as refunds will not be given if you enter an address incorrectly.
– Delivery windows is 10am-3pm. If you will not be home please make an alternative arrangement and leave specific delivery instructions on the checkout page for our drivers to follow.
– Ownership of the products will transfer to you once we have delivered in accordance with your delivery instructions.
– A delivery fee may apply for order below minimum purchase.
– We do not provide upstairs delivery services.

Section 2 – Acceptance of delivery

For products without quality issues, we do not accept returns or exchanges without a specific reason. Upon delivery, our driver will contact the buyer via phone or SMS. If the driver is unable to make contact and the order is marked as “Leave at Door,” the driver will attempt to place the items in a secure location and take a photo as proof of delivery. For orders marked as “Hand Delivery,” if contact cannot be made, the order will automatically be changed to “Leave at Door.” In the event of a loss for orders marked as “Leave at Door,” the buyer will assume responsibility. If the buyer explicitly indicates they cannot receive the delivery and do not permit leaving the items at the door, this will be considered a delivery failure. We will automatically cancel the order and deduct a delivery fee, a handling fee, and the cost of any perishable items. The remaining amount will be refunded.

Section 3 – Payment

1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.

2 Orders will be charged to your nominated payment method(s). By nominating or adding an alternative payment method, you expressly consent to Nusameat charging your alternative payment method in accordance with the terms and conditions set out herein if your primary payment method is no longer available, is declined or cannot be charged, without prior notice to you.
(a) It is your responsibility to ensure your accepted payment method(s) details are valid and up to date. We accept Visa, MasterCard, and American Express Cards.
(b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.

3 Storage of Collected Information
(a) Nusameat does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
(b) All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the Square® payment gateways for our online payment transactions.
(c) Complete debit/credit card details cannot be viewed by Nusameat or any outside party.

Section 4 – Disclaimer And Limitation Of Liability

1 The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits

2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an “as is“ and “as available“ basis and we do not make any representation or warranty of any kind, whether express or implied, including the reliability of the information, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

3 You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.

4 To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system. We may, from time to time and without notice, change or add on to the Site (including these Terms and Conditions) or the information, Products or Services as prescribed. However, we do not undertake to keep the Site updated. We are not in any way liable to you or any other third party if errors occur in the information of the Site or if the information is outdated.

5 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.

6 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

7 The collection, use and disclosure of your personal information is also subject to our Privacy Policy.

8 To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

9 To the extent permitted by law:
(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:
(i) In the case of the supply of Products:
(A) replacement or resupply of the Products; or
(B)the cost of replacing or resupplying the Products;
(ii) In the case of the supply of Services:
(A) supplying the relevant Services again; or
(B) the cost of supplying the relevant Services again, and;
(b) in any event, will not exceed the fees paid by you to us under the relevant Order.

10 To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.

11 Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Australian Consumer Law.

Section 5 – Force Majeure Events

1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control

2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.

3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

Section 6 – Privacy

1 Our Privacy Policy is a separate document available on the Site. We use, collect and disclose personal information about you to facilitate our dealings and for purposes as set out in the Privacy Policy.

2 We may use your contact information to send you newsletters from us.

Section 7 – General

1 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.

2 The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.

3 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently, negligently or intentionally) that is not set out in these Terms and Conditions.

4 Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.

5 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.

6 These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria.