We are Tucker Street Pty Limited ABN 95 602 533 693 (“Tucker Street”/ “us” / “we”) and operate the website www.tuckerstreet.com.au (“Website”/ “Platform”).
Tucker Street may vary parts of the Website including these terms and conditions from time to time without notice to you. If this occurs, the terms and conditions that will apply to your order will be those in existence as at the time of placing your order. You should therefore read these terms and conditions before placing each order. Continuing to use the website and place orders with Tucker Street indicates your acceptance of any changes to these terms and conditions.
By placing an order through our site, you warrant that:
Orders must be received before posted cut-off times for a given delivery (see Delivery of Products below for details). Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process. You can place your order anytime, up to the Wednesday at 9 pm Eastern Daylight Time before the same week Sunday delivery; Orders must be cancelled by Wednesday at 12 pm Eastern Daylight Time before the same week Sunday delivery. Cancellation of orders after the required cut-off time will result in a full charge.
We reserve the right to accept or reject your order for any reason, including but not limited to if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
Tucker Street will make every effort to fulfil orders placed with the Website, however we will not be liable to any person if we are unable, or decline, to supply a Box or Product for any reason whatsoever.
We reserve the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer’s order is reduced in accordance with this clause, the price payable by you for that order will be adjusted accordingly.
At times, Tucker Street may substitute meal ingredients due to market conditions outside of our control or product quality that is below our standards. In cases of ingredient substitutions, any modifications to cooking instructions will be communicated to the customer.
Tucker Street may delay dispatch of orders due to stock availability. In such cases, Tucker Street will notify the affected Customers.
Tucker Street carefully packages each delivery to ensure that food products will remain fresh in your unopened delivery box at room temperature for five (5) hours from the time of delivery. However, you as the customer are the ultimate arbiter of freshness and should always inspect your delivery boxes to confirm the contents arrive in a cool, refrigerated condition. To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate all perishable items upon delivery. Products are solely at your risk from the time of delivery.
In establishing that a Product was damaged or spoiled on delivery to you, we will require photographic evidence and/or a sample of the damaged or spoiled Product within 24 hours from the delivery.
If a Product was delivered to you in a damaged or spoiled condition, Tucker Street shall, at your request, credit the value of the relevant Product to you. We will, at our choice, credit you by either crediting your credit card or alternatively crediting your account balance in your PayPal account. Tucker Street will not be liable for any incorrectly stored Products.
Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.
Deliveries are made on a Sunday between 7:00 am to 4 pm. You are not able to select time you prefer to receive a delivery.
Please refer to Tucker Street’s delivery information pages for confirmation of where Tucker Street delivers to. As part of the Tucker Street ordering and registration process, you will be immediately and electronically advised if we are able to deliver to your address. Specific delivery locations are accepted based on the suburb and postcode of the delivery address and so it is important that you provide us with your correct address information. If you do not then we may not be able to deliver to you.
Tucker Street accepts no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
You must ensure that your Delivery Point is easily accessible to Tucker Streets’ delivery person, and that it is safe for our delivery person to enter your premises in order to complete the delivery. If in our delivery person’s reasonable opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, you will be contacted to make alternative arrangements. We reserve the right, acting reasonably, to charge you an additional fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements reasonably acceptable to Tucker Street are not reached, we will be relieved of our obligation to deliver the Box but you will be liable for payment for it in full as if you had received the Box.
In the situation where it is safe to complete delivery but there is no person is present at the Delivery Point at the time of delivery, or you or any other person fails or refuses to take delivery of the box, the box will be left at the Delivery Point and be deemed to have been delivered at that point in time.
If you do not provide a specific place for delivery, Tucker Street will leave your order at your front door. If you advise Tucker Street of any specific delivery instructions in your order, Tucker Street will endeavour to comply with these instructions to the extent reasonably within its control.
You will be responsible for your order from the time we deliver your products in accordance with your instructions. We accept no liability or responsibility for any product once the product has been delivered to you.
You must notify Tucker Street immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time up to 11:59 p.m. on Friday evening for Sunday delivery.
Tucker Street always aims to deliver on time but may from time to time be delayed and shall not be liable for failure to deliver on a timely basis.
If Tucker Street considers that the delivery of your order is likely to be substantially delayed, Tucker Street will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and Tucker Street will credit you with the cost of that Box or Boxes.
Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day. In any such case we will endeavour to notify you at least 24 hours before the relevant Delivery Date.
If any Product or Box delivered does not correspond with a Product or Box ordered, you can:
We will, at our choice, refund you by either crediting your credit card or alternatively crediting your PayPal account.
If you choose to reject an incorrectly-delivered Box in accordance with sub-clause (2), Tucker Street reserves the right to collect the incorrectly-delivered Box from you. If you are unable, or refuse, to return the Box when requested, or deliver the Box in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, Tucker Street reserves the right to charge you for that Box.
When you register for a Box subscription, you expressly acknowledge and agree that (a) Tucker Street (or our third party payment processor) is authorized to charge you on a weekly or fortnightly basis for your Box subscription (in addition to any applicable taxes and other charges) for as long as your meal subscription continues, and (b) your Box subscription is continuous until you cancel it or you pause it or we suspend or stop providing access to the sites or products in accordance with these terms.
You can choose to have a weekly or fortnightly regular delivery of a Box. Your order constitutes an order for an ongoing and regular purchase and delivery of a Box selected and will, subject to the rights to pause and terminate set out in these terms and conditions, continue indefinitely.
You can choose to pause (for a period of time) or terminate (indefinitely) your order. You can also choose to change a weekly delivery to a fortnightly delivery and vice versa. The cut off day and time for ordering, or pausing or terminating an order is on the Wednesday at 12 pm Eastern Daylight Time before the same week Sunday delivery.
You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
The prices which will apply to your order are as displayed on Tucker Street Website at the time of placing the order. Product prices displayed on Tucker Street Website and in your order include GST and any other applicable taxes.
Tucker Street only accepts payments made with credit/debit card or PayPal. Your credit/debit card or PayPal account will be charged for your order immediately upon checkout. Tucker Street will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Tucker Street reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Tucker Street may suspend or terminate your access to the Tucker Street Service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Tucker Street may incur in its efforts to collect any unpaid balances from you. Your right to use the Tucker Street Service is subject to limits established by Tucker Street and/or by your credit card issuer.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Tucker Street reserves the right to refuse to accept payment from any particular customer by credit card for any reason whatsoever.
If you are invoiced an incorrect amount for any Box ordered, Tucker Street shall be paid by, or refund to, you the necessary adjustment amount to reflect the correct amount which should have been invoiced. We will, at our choice, refund you by either crediting your credit card or alternatively crediting your account balance in your online account.
You may cancel an order until Wednesday 12 pm ESDT for the same week Sunday Delivery. Tucker Street may or may not accept your cancellation request at our sole discretion after that time. If Tucker Street accepts your cancellation request, we will provide a full refund and delivery of any products you have ordered will not occur. All refunds will be made within 14 days of the date of acceptance of cancellation. This will usually be via the same payment method you used to place the order. If Tucker Street does not accept your cancellation request, the products ordered will be delivered to the nominated delivery address provided by you at the time you placed the order.
Cancellation of orders after the required cut-off time will result in a full charge.
Once goods have been delivered to you, your order cannot be cancelled or returned due to a change of mind.
If you are dissatisfied with a meal for any reason, please contact us via the Services within seven (7) days after delivery. Tucker Street may require the return or photo documentation of the product with which you are dissatisfied before we substitute an acceptable item, issue a credit voucher or give you cash back. We reserve the right to offer compensation at our discretion.
Tucker Street does not guarantee the accuracy of any nutritional information provided by Tucker Street. Tucker Street will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare, and consume are in accordance with your respective dietary needs or restrictions. Although Tucker Street takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals to contain any or all of the common allergens (including milk, wheat, egg, soy, fish, shellfish, peanuts, and treenuts).
Tucker Street gift vouchers can only be purchased online via the Website.
Gift vouchers may be purchased online from anywhere in the world, but we can only deliver Boxes and Products to addresses within Australia that we service (so you need to be certain that your intended recipient is within an area that we service when purchasing a Tucker Street gift voucher).
We will deliver gift vouchers purchased by you via email to your email address.
You are responsible for ensuring that all information provided in relation to purchase is correct.
Only Tucker Street gift vouchers can be redeemed on the Website.
Gift vouchers can be partially redeemed, and the unused balance will be retained on the gift card until it is spent. No change will be given on unused balances of gift cards.
All gift vouchers expire 12 months from date of purchase.
Gift cards cannot be reloaded, and any un-spent balance on the expiry date will be forfeited. We shall not be held liable if a gift card is lost or stolen from the holder or used without the holder’s permission. Gift cards may be reissued by us in these circumstances at our sole discretion but we shall have no obligation to do so.
Gift voucher value cannot be redeemed for cash or credited to a bank account.
All purchases of Boxes or Products using a gift voucher will otherwise be subject to these terms and conditions.
After completing the order process on Tucker Street.com.au, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
The Contract will relate only to the Product or Service you have ordered or subscribed to. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU, AND NOT TUCKER STREET, ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, PREPARATION, STORAGE, AND COOKING OF THE MEALS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, THE SERVICES, THE MEALS, THE CONTENT, THE TRADEMARKS, THE PRODUCTS ON THE PLATFORM, AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE PLATFORM AND THE SERVICES AT YOUR OWN RISK.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE MEALS OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO TUCKER STREET IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
TUCKER STREET HAS MADE EVERY EFFORT TO DISPLAY THE MEALS, THE PRODUCTS, COLOURS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL MEALS AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE MEALS AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL MEAL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE Website MAY CONTAIN INFORMATION ON MEALS, SERVICES, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A MEAL, SERVICE, OR PRODUCT ON THE Website DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE Website MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.
LIABILITY IN RESPECT OF NON-EXCLUDABLE GUARANTEES
Nothing in these terms and conditions is or should be interpreted as an attempt to modify, limit or exclude terms, conditions, guarantees or warranties which are imposed by statute (including but not limited to the Australian Consumer Law) and which cannot be modified, limited or excluded.
If Tucker Street is liable to you for breach of a term, condition, guarantee or warranty which is imposed by statute, then to the extent permitted by law that liability is limited, at the option of Tucker Street, to:
Tucker Street shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Products.
The Platform contains material, such as software, text, graphics, images, sound recordings, audio-visual works, and other material provided by or on behalf of Tucker Street (collectively referred to as the “Content”). The Content may be owned by us or other third parties. The Content is protected under Australian law. Unauthorised use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Tucker Street (the “Tucker Street Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Tucker Street. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Tucker Street Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Tucker Street Trademarks inures to our benefit.
Elements of the Website and the Platform are protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.
Although we encourage you to e-mail us, we do not want you to e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
As noted above, the Services provide subscribers the ability to post and upload User Content to the Platform. You expressly acknowledge and agree that once you submit your User Content, unless you designate it as “private,” it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. You, and not Tucker Street, are entirely responsible for all the user content that you upload, post, e-mail, or otherwise transmit via the platform.
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content that you have not designated as “private,” your username, the picture associated with your username, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and associated picture permitted by the foregoing rights and licenses may include the display of such User Content, username, and associated picture adjacent to advertising and other material or content, including for profit.
If you submit User Content to us, each such submission constitutes a representation and warranty to Tucker Street that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by Tucker Street and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libellous, defamatory, or obscene material or content that violates our community guidelines set forth above.
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Platform or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
A contract between you and us becomes binding on each of us respectively at the time your order is accepted by us and will also be binding on each party’s successors and permitted assigns. We reserve the right to transfer, assign or sub-contract our rights and obligations under that contract.
You must not transfer, assign or sub-contract your rights and obligations under that contract without our prior written consent, although your obligations under this contract will pass to your administrators or trustees should you die, lose capacity, become bankrupt or go into liquidation.
No waiver will arise if, at any time whilst there is a contract between us, we or our employees, sub-contractors, agents or permitted assigns fail to insist upon you performing any of your obligations under that contract, including pursuant to these terms and conditions or if we fail to exercise any of the rights and remedies we may be entitled to exercise from time to time in respect of any default by you.
Waiver by us will only occur in relation to a contract between us if we give you express notice in writing of our agreement to waive specific rights we have in relation to a specific default or defaults by you. If we have waived our rights in respect of any default by you, this will not constitute a waiver in respect of any other or any subsequent defaults by you.
The laws of Victoria, Australia govern the use of the Website and these terms and conditions.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.