Online Terms & Conditions

1 General

1.1 The site/link supermarketdeals.com.au (the "Site") is a website where you can select and purchase products advertised on the Site from Auction Alliance Pty Limited ABN 64 096 509 134 (referred to in these terms and conditions as "us" or "we").

1.2 You must read these terms and conditions carefully and understand them before accessing and/or using the Site. By placing an order to purchase a product on the Site, you acknowledge and agree that you have read and understood these terms and conditions. If you are not sure of what one or more term or condition means, please contact us. If you are under 18 years of age, you must obtain your parent or guardian's consent before accessing and purchasing from the Site.

1.3 Your access to and use of and order from the Site is strictly subject to these terms and conditions.

2 Agreement to comply with these terms and conditions

By registering to use the Site and by purchasing products from the Site you agree to be bound, and to comply with, these terms and conditions.

3 Registration Process

3.1 We require you to complete the registration process before you will be able to place an order for products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy.

3.2 You may only have one (1) active account, and your account is not transferable. You may update, edit or terminate your account at any time.

3.3 If you use a work email address for your account or to access the Site, you acknowledge and agree that you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address.

4 Placing orders for Products

4.1 You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions.

4.2 Any order placed by you through this Site for a product is an offer by you to purchase the particular product for the price notified (plus any notified delivery fees) at the time you place the order.

4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process your order which you make through the Site. 4.4 You agree to provide us with current, complete and accurate details if you are asked to do so by the Site.

5 Acceptance or rejection by us of your order

5.1 We reserve the right to accept or reject an order you place on the Site for any reason, including if the requested product is not available, if there is an error in the price or the product description on the Site, or in your order.

5.2 Each order placed by you for products through the Site that we accept results in a separate contract between you and us for the supply of those Products. For each order we accept, we will supply the products in that order to you in accordance with these terms and conditions.

5.3 If we reject an order placed through the Site, we will use our reasonable endeavours to notify you of that rejection at the time you place the order or within a reasonable time after you place an order.

6 Minimum and maximum amounts in each order

6.1 Unless otherwise indicated on this Site:

(a) you may obtain up to twenty (20) items of a particular product in each order (we may set lower quantity-limits for a product under a special or a promotion. We will inform you of such limits on the Site either at the time you place the order or within a reasonable time after you submit the order). This clause does not apply if you order a product and it is delivered to an address in South Australia; and

(b) there is no minimum purchase amount for an order excluding the Delivery Fee.

6.2 You acknowledge and agree that you are not permitted to purchase and will not purchase any items for resale to a third party or for commercial or trade purposes. If we have a concern with the quantity of item/s you have ordered, then we reserve the right not to process the order until we contact you and satisfy ourselves that your order is not for the purpose of commercial or trade resale to a third party.

7 Delivery of Products

7.1 We will only deliver Products you order through the Site to a location where we provide delivery services. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil an order that we have accepted.

7.2 Delivery time takes up to 10 working days from the date your payment is received. Please note that BPAY payments take 1-2 business days to process. In all instances estimated delivery times will be displayed at the checkout for your order. Estimated delivery times are in business days (Monday to Friday excluding Public Holidays). Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your order does not arrive by the estimated delivery time, please contact our Customer Service. We encourage you to visit the "Your Account" section on our website to view the delivery status of your order.

7.3 If an event occurs that prevents us from delivering your order and is beyond our reasonable control, you acknowledge and agree that we will not be liable to you or any other person for any delay in the delivery of the order. In this case, we will use our best endeavours to provide you with notice of such delay as soon as reasonably practicable.

7.4 We will deliver the products to the front door at the relevant delivery address provided to us in your order or on your account. If no-one is available to take delivery of your order, our carrier (Australia eParcel) will leave a card so you can pick up your order from your local Post Office.

7.5 You agree to comply with our delivery requirements specified in these Terms and Conditions and to such other requirements that we notify you from time to time when you order through the Site.

7.6 Photo ID of proof of age will be required for any person accepting delivery of orders containing alcohol products. Failure to produce photo ID will result in the order being taken back to the local Post Office. Your order may be picked up from your local post office by a person with appropriate photo identification of proof of age.

7.7 You acknowledge and agree that any person at the delivery address who receives the product(s) is authorised by you to receive your order.

7.8 We will not deliver to a person who is intoxicated or not of the appropriate legal age.

8 Risk and title

8.1 Risk in the products passes to you on the date and time of delivery to the delivery address. Title to the products passes to you on the later of the date and time of:

(a) payment for those products; and

(b) delivery of those products to the delivery address.

9 Cancellation of an order

9.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

(a) the requested Products in that order are not available for us to deliver to you; or

(b) there is an error in the price or the product description listed on the Site in relation to the relevant product in that order; or

(c) that order has been placed in breach of these terms and conditions.

If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

10 Fees and charges

10.1 For the avoidance of doubt, we will charge you, and you agree to pay, the following in relation to an order that we accept (as applicable):

(a) the purchase price of each product that you order;

(b) the delivery fee applicable to your order provided to you on the Site; and

(d) any other fees and charges set out in these terms and conditions.

10.2 All fees and charges identified in these terms and conditions and all prices for the products on the Site include any GST, where applicable.

10.3 You acknowledge that we are not required or obliged to match any prices for any products, including matching any prices for a Product that is available through other grocery websites or supermarkets; and

10.4 Just like in supermarkets and other online grocery stores, prices for products change from time to time and we may not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.

10.5 If:

(a) a Product that you have ordered is not available and we have not provided you with a substitute;

then we:

(i) will not charge you for the products that were not supplied; and

(ii) for all other payment methods, we will provide you with a credit or refund to the value of the products that were not supplied to you.

11 Payment methods and Processing

11.1 You must pay the fees and charges online using the online payment methods in clauses 11.2 only

11.2 We accept the following payment methods:

(i) Visa; Visa Debit

(ii) MasterCard; MasterCard Debit

(iii) American Express

(iv) PayPal

(v) BPAY

(vi) DealsDollars from DealsDirect.

11.3 Payment processing will not commence until we receive all the information we need. Orders placed on a weekend or Public Holiday will not be processed until the next business day. Business days are Monday through Friday, excluding NSW Public Holidays. For Credit, Debit and PayPal payments a tax invoice will be emailed to you with your order confirmation. Where you pay by BPAY you must pay the price payable in Australian dollars as indicated on your order within 5 days of your order confirmation. If a BPAY payment is not received within 5 days from the date of your order confirmation, we reserve the right to cancel your order. Where you pay by BPAY a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.

Please note:

• We are unable to accept credit cards issued by banks outside of Australia.
• Debit and cheque cards may have daily spending limits that may substantially delay the processing of your order.
• You may be required to provide further identification for additional security reference checks.

11.4 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of the dishonour and cancel your order.

11.5 You authorise Auction Alliance Pty Limited to debit the amount that is payable for an accepted order from your nominated credit card if you use a credit card to pay for the fees and charges.

11.6 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

11.7 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of that cancellation and cancel your order.

12 Substitution or missing items in delivery

12.1 You acknowledge that a product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that product.

12.2 If there are missing items from your delivery, then you should check the packing slip that we provided to you to determine if the missing product is marked as out of stock. If so, then we will provide you with a credit to your account for the products that were not supplied which may be used for future orders or we will provide you with a refund, at your election.

12.3 In all other circumstances, you may contact Customer Service during business hours within 24 hours of the delivery time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, then we will (at your option): (i) provide you with a credit for the Products that were charged but not delivered to you; or (ii) arrange for a refund for the missing item.

13 Credits and Refunds

13.1 If an item delivered arrives damaged, we ask that you contact Customer Service during business hours within 24 hours of the delivery time. We offer a credit or refund at your election for any items that are damaged in transit. We also offer a credit or refund for the capped shipping cost if the order in its entirety is assessed as damaged in transit. A photo may be requested of the damaged item/s. You must provide us with the invoice we issued to you for your order or other proof of purchase to make a claim under this clause.

13.2 If an item is defective, not as described or not of acceptable quality, we ask that you contact Customer Service during business hours. We offer a credit or refund at your election for any items assessed as defective, not as described or not of acceptable quality. A photo may be requested of the item/s. You must supply us with the invoice we issued to you or other proof of purchase when making a claim.

14 DealsDollars

We may credit you with DealsDollars from time to time if so permitted by law. DealsDollars can only be used for the payment of products on DealsDirect.com.au or Supermarketdeals.com.au. Where "Your Account" holds DealsDollars and you place an order for a product or products.

1. Any DealsDollars in "Your Account" credit facility must first be applied towards payment of a product or products.
2. Where the payment due on a product or products is less than the total of the DealsDollars in "Your Account" you retain the future use of any unused DealsDollars to apply towards any future product payments.
3. In the event you do not have sufficient DealsDollars for full payment of the product or products and you hold any Refund Credits in "Your Account" they must be applied towards the outstanding balance due on the product; and
4. In the even that you have insufficient DealsDollars and/or you have insufficient (or no) Refund Credits in "Your Account" you must pay the balance of the payment due on the product or products by PayPal, BPAY, Visa Credit/Debit, Mastercard Credit/Debit or American Express.

15 Your obligations

You:

(a) must ensure that your account ID and password that is used to access the Site and the details of your account is kept in a secure and safe manner;

(b) must notify us on through our Customer Service during business hours if you are or become aware that there is or has been an unauthorised use of your account ID and password or account, or any other security breach relating to your account;

(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;

(d) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;

(e) are responsible and liable for any person that uses your account ID and password to order Product(s) through the Site;

(f) agree that we may charge you for all products that we agree to supply to you that have been ordered using your account ID and password through the Site; and

(g) should check the labels on the Products before consumption or use.

16 General restrictions

You must not:

(a) use the Site for any activities that breach any laws, infringe a third party's rights or are contrary to any relevant standards or codes;

(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;

(c) make fraudulent or speculative enquiries, purchases or requests through the Site;

(d) use another person's details without their permission or impersonate another person when using the Site;

(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

(f) tamper with or hinder the operation of the Site;

(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;

(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;

(i) modify, adapt, translate or reverse engineer any portion of the Site;

(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;

(k) reformat or frame any portion of the web pages that are part of the Site;

(l) create accounts by automated means or under false or fraudulent pretences;

(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;

(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

(o) use the Site other than in accordance with these terms and conditions; or

(p) attempt any of the above acts or engage or permit another person to do any of the above acts.

17 Suspension of your account

17.1 We may:

(a) lock, suspend or delete your account or access to the Site at any time without prior notice to you; or

(b) cease providing the Site or any other product or service that may be available through the Site at any time.

17.2 If we lock, suspend or delete your account under clause 16.1(a), then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

18 Warranties

You warrant to us that:

(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;

(b) the person receiving the products at the delivery address is authorised by you to do so; and

(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.

19 Liability

19.1 Subject to clause 19.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a product for any purpose.

19.2 Subject to clause 19.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.

19.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to, in the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.

19.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

19.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

20 Termination

20.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:

(a) the breach cannot be remedied; or

(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or

(c) if there is an emergency.

20.2 You may stop using the Site at any time and for any reason.

20.3 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered is no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.

21 Our Privacy policy

Our privacy policy, which is available at Privacy Policy forms part of these terms and conditions. You acknowledge and agree to our privacy policy.

22 Our intellectual property rights

22.1 You:

(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the "Intellectual Property") are owned by or licensed to us;

(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public the Intellectual Property without our prior written consent; and

(c) must not frame or embed in another website any of the Intellectual Property appearing on this Site without our prior written consent.

22.2 You may:

(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and the Intellectual Property; and

(b) print hard copies of the content and Intellectual Property for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.

22.3 This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner's consent.

23 Changes to our terms and conditions

We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted by us. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions. If you have an order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.

24 General

24.1 The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:

(a) we make no representations or warranties, or have any responsibility or liability for those websites; and

(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

24.2 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

24.3 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.