Woolworths at Work Terms and Conditions
These terms and conditions are important and you should read them fully. But there are some specific terms we wanted to make you aware of. These are set out below.
- Woolworths may cancel your Order for certain reasons and may reject your Order for any reason. If we reject your Order, we will endeavour to provide you with notice of that rejection (see clauses 5 and 15 for more details).
- Without limiting your consumer law rights, Woolworths: (i) is not liable if you make changes to the addresses, quantity of Products or dates of delivery within 24 hours of delivery (ii) is not liable to you for any indirect or consequential loss other than where such loss arises as a result of our own negligence or wilful misconduct; (iii) is not liable for any external websites accessible on our site; and (iv) our liability to you under these terms will be reduced to the extent you either caused or contributed to that loss or damage; and (v) our liability to you arising under or in connection with these terms and conditions will be limited to the greater of the price of your Ordered Products or $100.00 (see clauses 8(j), 25 and 33 for more details).
- You will be liable for (i) any loss or damage suffered by us in connection with our delivery of Products beyond the entrance of your delivery address; (ii) any damage to products delivered by Woolworths on the date and time of delivery or date and time of collection (as applicable). You must indemnify us from any loss or claim related to (i) your storage or handling of products; (ii) your misuse of products; (iii) warranties or representations made by you without our permission; (iv) any breach of these terms and conditions; and (v) any negligence, wrongful act or omission, or breach of statutory duty (see clauses 8(c), 14 and 26 for more details).
- If you do not collect your Order within the booked collection window or cancel your Order on the day of delivery or collection, then you may have to pay a cancellation fee of no more than $25 and the charges for any perishable products in your Order (see clauses 9(g) and 15 for more details).
- Woolworths may stop making this website available to you without any notice. However, any Orders already accepted will not be affected unless there’s an issue with the products ordered (see clause 27(c) for more details).
- Woolworths may change these terms and conditions at any time without notice. However, the terms and conditions current as at the time Woolworths accepts your Order will apply (see clause 32 for more details).
[a] These Woolworths at Work Terms & Conditions (Terms & Conditions) will apply to a business (the Customer).
[b] Woolworths Group Limited (ABN 88 000 014 675) (Woolworths, us and we) agrees that the Customer’s personnel (including its officers, employees, contractors, consultants and agents) (Authorised Personnel) may access the Site to browse, select and Order Products for the Customer from Woolworths.
[c] The Customer must at all times comply with these Terms & Conditions, and ensure that each of its Authorised Personnel also comply with these Terms and Conditions. To the extent that these Terms and Conditions involve the giving of consent by or on behalf of Authorised Personnel, the Customer enters into these Terms and Conditions as agent of each of its Authorised Personnel.
2. Customer’s and Authorised Personnel’s Warranty
[a] By accessing and using the Site, the Authorised Personnel represents, warrants and undertakes that he or she is a duly authorised representative of the Customer for the purposes of entering into and accepting these Terms and Conditions on the Customer’s behalf and has all necessary, current and valid legal authority to enter into these Terms & Conditions on behalf of the Customer and bind the Customer to them.
[b] The Customer and the Authorised Personnel warrant that:
- all information and data provided by the Customer or the Authorised Personnel to us through the Site (including as part of the customer registration process) is true, accurate, complete and up to date;
- the person receiving the Products at the Delivery Address or collecting the Products on the Customer’s behalf is authorised by the Customer to do so; and
- the Customer and the Authorised Personnel will comply with all relevant laws relating to the Customer’s use of the Site and the Customer’s placement of any Order to us.
[a] The Customer must complete the customer registration process before placing an Order for Products through a Site.
[c] The Customer:
- is not entitled to transfer (including to related entities) its account;
- is responsible for maintaining the confidentiality of all login details (and Woolworths is not responsible or liable for unauthorised access to the Customer’s account); and
- may update, edit or terminate its account at any time through a Site.
[d] If Authorised Personnel choose to use a workplace email address to set up the Customer’s account or to access a Site, then the Authorised Personnel is responsible (including on behalf of the Customer) for ensuring that he or she complies with the rules, policies or protocols that apply to the use of that email address.
4. Order for Products
[a] The Customer may Order Products by selecting and submitting an Order through the Site in accordance with these Terms & Conditions.
[b] Where an Order is placed through a Site for a Product using the Customer’s registered account, the Customer acknowledges that it is an offer by the Customer to purchase the particular Product for the price notified to the account user (including the delivery and other charges and taxes) at the time the Order is placed.
[c] We may ask the Customer to provide additional details or require the Customer to confirm account details to enable us to process an Order placed through a Site.
[d] The Customer must provide us with current, complete and accurate details when asked to do so by the Site.
5. Acceptance or rejection of an Order
[a] Woolworths reserves the right to reject the Customer’s Order for any reason, including if the requested Product is not available, if there is an error in either the price or the Product description posted on a Site or an error in the Customer’s Order or a customer account is on credit block.
[b] Each Order placed for Products through a Site that Woolworths accepts results in a separate binding agreement between the Customer and Woolworths for the supply of the Ordered Products. For each Order accepted, Woolworths will supply the selected Products in that Order to the Customer in accordance with these Terms & Conditions.
[c] If Woolworths rejects an Order placed by the Customer through a Site, Woolworths will use reasonable endeavours to notify the Customer of that rejection at the time the Customer placed the Order or within a reasonable time after the Customer submits the rejected Order.
6. Restricted Products
[a] The Customer (and the Authorised Personnel):
- acknowledge that it is against the law to sell or supply alcohol or tobacco Products to, or obtain alcohol or tobacco Products on behalf of, a person under the age of 18 years; and
- warrant that neither are obtaining alcohol (including liquor Products) or tobacco (including tobacco Products) on behalf of a person under the age of 18 years.
[b] If the Authorised Personnel acting on behalf of the Customer is under 18 years of age such Authorised Personnel may not use a Site to place an Order for Restricted Products.
7. Products not for resale
Unless otherwise agreed, the Customer is not permitted to purchase any items for resale to a third party or for trade purposes. If Woolworths has a reasonable suspicion in relation to the quantity of item/s the Customer has Ordered, then we may contact the Customer to investigate the Order. Woolworths reserves the right to rescind an agreement to supply Products where it reasonably determines that the Customer has exceeded the maximum number of items allowed in a single Order.
8. Delivery of Products
[a] We will only deliver Products Ordered to a location(s) where we provide delivery services. The Customer may receive multiple deliveries in relation to a single Order. Where there are multiple deliveries in relation to a single Order, each delivery will be described at the checkout point.
[b] The Customer may obtain further information on the Site about our delivery timeframes and how we will deliver the Customer’s Products.
[c] We will deliver the Products to the relevant Delivery Address nominated in writing by the customer at the time of placing the Order. If the Customer requests us to deliver the Products inside a premises or building at the Delivery Address and we agree to do so, then the Customer is responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the entrance of the Delivery Address, provided that the person delivering the Products does not act with gross negligence or wilfully causes harm to a person or property.
[d] The Customer agrees to comply with certain delivery requirements specified below and such other requirements that we notify the Customer of when the Customer places its Order through a Site.
[e] If the delivery relates to the Customer’s first Order or the Order contains a Restricted Product, then Authorised Personnel must be present to accept the delivery of that Order and, at our request, the Authorised Personnel will be required to provide us with photographic identification.
[f] We will require the Authorised Personnel accepting the delivery of the Customer’s Order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age.
[g] If there is no one or no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to receive the Order, or you select the “bagless to bench” service and are not present at the time of delivery, if Authorised Personnel are required to be present at the time of delivery and such Authorised Personnel are not present at that time, then:
- we will not deliver the Products the Customer has Ordered; and
- we may charge the Customer a fee of up to $25 and the charges for any perishable Products in the Customer’s Order that we have accepted.
[h] Where there is no one or no appropriate person at the Delivery Address, we will endeavour to contact the Customer or the Customer may contact us to arrange for delivery at a different time, and we may charge the Customer an additional Delivery Fee for that replacement delivery .
[i] Other than as required under paragraph (e) for the Customer’s first Order or Orders containing Restricted Products, the Customer:
- acknowledges and agrees that any person at the Delivery Address who receives the Products is authorised by the Customer to receive the Customer’s Order and, where relevant, make payment for that Order; and
- will ensure that the person receiving any tobacco, liquor or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law.
[j] In the event that multiple orders are delivered to multiple locations:
- the provisions in this clause apply as if each delivery was a separate Order;
- if the address of any of the locations needs to change, the Customer must provide 24 hours’ notice in writing to Woolworths of that change; and
- Woolworths will not be held liable if the Customer makes any changes to the address locations, quantity of Products or dates of delivery provided less than 24 hours before delivery.
[k] Without limiting any of the provisions above, we will not deliver:
- alcohol or liquor Products to a person who is intoxicated or not of the appropriate legal age; and
- tobacco Products (including cigarettes) or other Restricted Product to a person that is not of the appropriate legal age.
[l) The Customer, and its Authorised Personnel, acknowledge and agree that we may record the details of any identification provided in relation to delivery of Products.
9. Pick up and Direct to boot services
[a) Pick up and Direct to boot are only available from selected stores as shown on the Site. During the ordering process, you need to select a store from which you will collect your Order. An estimated collection date will be displayed at the time your Order is placed.
[b] If you select our Pick up or Direct to boot service, you must select whether your Order is to be made available at the store:
- in bags, which may be recycled in the bins provided in store or with your delivery driver at the time of your next delivery Order; or
- where available for your selected store, through our free “BYO bags” service.
[c] The “BYO bags” service is only available for selected stores. If you select the “BYO bags” service, your Order will be made available at your selected store in a trolley. In order to collect your Order, you agree to bring your own bags and re-pack your Order from the trolley into your bags at the store. For food safety reasons, you may find that some of the Products in your Order have been made available for collection in produce bags or reusable bags.
[d] You agree to comply with the following collection requirements specified in this clause and such other requirements that we notify to you when you place your Pick up or Direct to boot Order through the Site:
- you must collect your order from the store selected by you when you place your Order;
- while our staff will be available to assist where possible, if you select to have your Order made available through our “BYO bags” service, you are responsible for unpacking your Order from the trolley provided into your own bags;
- if you are collecting your Order from a store
- photographic identification and a signature must be provided when you collect your Order; and
[e] If you will not be the person collecting your Order then your representative must provide us with proof of their identity (including photographic identification), the order number, and, where relevant, their age.
[f] If you do not supply the appropriate identification:
- we will not allow collection of your Order; and
- we may charge you a fee of up to $25 and the charges for any perishable Products in your Order that we have accepted.
[g] If you do not collect your Order within the booked collection window then we may charge you a fee of up to $25 and the charges for any perishable Products in your Order that we have accepted. In this instance, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may charge you an additional fee for that replacement Order.
[h] You agree to ensure that the person collecting any tobacco, liquor or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law. We will not allow collection of an order of:
- alcohol or liquor Products to a person who is intoxicated or not of the appropriate legal age; and and
- tobacco Products (including cigarettes) or other Restricted Product to a person that is not of the appropriate legal age.
[i] You acknowledge that we may record the details of any identification provided in relation to collection of Products.
[j] If you select to use our Pick up or Direct to boot service, the licensee at the relevant premises from which your Order is accepted and fulfilled will deliver your products to be available with your order at the nominated store.
[k] The minimum purchase amount for each Pick up or Direct to boot Order is $30.00 and for each Delivery Order is $50.00 excluding the Delivery Fee, Bag Fee and any Crate Service Fee.
10. Exclusive 2 hour delivery window
[a] 2 hour windows are available to Woolworths at Work customers in select areas as detailed on the Site (selected metro only). 2 hour delivery windows are available Monday to Friday only.
[b] A total of five (5) different 2 hour delivery windows are available to Woolworths at Work Customers:
AM: 6-8am, 7-9am, 8-10am
PM: 3-5pm, 4-6pm
[c] Customers can place their order for 2 hour windows up until 6pm the day before. 2 hour delivery windows are subject to availability and are not guaranteed.
[d] Delivery fees may apply and such fees will vary depending on the Customer’s Order value.
11. Free next day delivery on Orders over $99
The Customer is eligible for free Delivery (excluding same day delivery) for orders over $99 (including GST) (Minimum Spend) when selecting a 2 hour, 3 hour, 5 hour, or 8 hour window only (Relevant Window). Free delivery will be applied automatically when the Authorised Personnel’s basket reaches the Minimum Spend and they select a Relevant Window. The Minimum Spend excludes any amounts spent on vouchers or offers, liquor, gift cards, cigarettes, and tobacco products.
12. Remote Delivery
[a] Remote delivery locations include the deliveries to the following postcodes:
- 6710; and
[b] If the Customer’s Order is made to any of the above delivery locations, remote delivery fees shall apply and such fees will vary depending on the Customer’s delivery location.
[c] If the Customer would like to find out the exact remote delivery fee payable in respect of the Customer’s Order before the Customer place the Customer’s Order, the Customer or its Authorised Personnel should contact our Business Support Team on 1300 665 386 during Contact Hours or email on email@example.com.
[d] For the purposes of these Terms and Conditions, deliveries can only be made within Australia.
13. Fraud and risk assessment
[a] We have processes in place to assist in detecting transactions that may be illegal or in breach of these Terms & Conditions. We may contact the Customer by telephone or email to confirm the Customer’s payment and information details. If we are unable to confirm the Customer’s details, we may make further inquiries or cancel the Customer’s Order.
[b] If the Customer (or its Authorised Personnel) are unsure whether the person contacting the Customer is from Woolworths, please contact our Business Support Team on 1300 665 386 during Contact Hours or email on firstname.lastname@example.org. Otherwise please dial 1800 000 610 after the Contact Hours.
14. Risk and title
Risk in the Products passes to the Customer on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address) or date and time of collection for Pick up and Direct to boot Orders (as applicable)
Title to the Products passes to the Customer on the later of the date and time of:
[a] payment for those Products; and
[b] delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address), or collection of those Products for Pick up and Direct to boot Orders (as applicable).
15. Cancelling an Order
[a] We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to the Customer for that cancellation at any time if:
- the requested Products in that Order are not available;
- there is an error in the price or the Product description posted on the Site in relation to the relevant Product in that Order; or
- that Order has been placed in breach of these Terms & Conditions.
[b] If we cancel an Order in accordance with:
- paragraph (a)(i) or (a)(ii) (where Product is unavailable or there is a pricing or Product description error): we will provide the Customer with reasonable notice of that cancellation, and will not charge the Customer for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to the Customer via the original payment method or through an alternative means; or
- paragraph (a)(iii) (where the Customer is in breach of these terms and conditions): we will provide the Customer with reasonable notice of that cancellation. If the Customer’s Order is cancelled before the day of delivery or collection, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to the Customer’s original payment method or through an alternative means. If the Customer’s Order is cancelled on the day of delivery or collection, provided we are not also in breach of these Terms & Conditions, then we may charge the Customer a cancellation fee of the lesser of $25 or the value of the payments made, in addition to the charges for any perishable Products that were Ordered. If any payment has been made in excess of $25 plus the charges for any perishable Products that were Ordered, we will refund that excess amount to the Customer’s original payment method or through an alternative means.
[c] The Customer may cancel an Order (whether it is accepted by us or not):
- through the Site, by calling 1300 665 386 or emailing email@example.com up to 24 hours before the delivery or collection window closes (as specified on the Site). If the Customer cancels the Order before the delivery or collection window closes, no fees or charges will apply to that cancellation; or
- in all other circumstances, by contacting Business Support on 1300 665 386 during Contact Hours. In this instance, if the Customer cancels an Order that has been accepted by us:
- before the day of delivery or collection, then no fees or charges will apply to that cancellation; and
- on the day of delivery or collection, then we may charge the Customer a cancellation fee of the lesser of $25 or the costs to Woolworths arising from the cancellation plus the charges for any perishable Products that were Ordered.
- If the Customer cancels an Order in respect of which we have taken payment, then the full payment amount, including any Delivery Fee and other fees and charges (other than any fee payable under clause 15(a)(iii)) will be refunded to the Customer using the original payment method or through an alternative means.
[d] If a cancellation is made in respect of one location, the same provisions in this clause apply to that cancellation as if it were an individual Order.
16. Fees and charges
[a] We will charge the Customer, and the Customer agrees to pay, the following fees and charges in relation to an Order that we accept (as applicable):
- the purchase price of each Product that is Ordered;
- the delivery fee (if applicable) provided to the Customer at the time the Customer selected the relevant delivery option when placing the Customer Order (Delivery Fee);
- the cancellation fee for an Order that is cancelled (if cancelled within 24 hours of delivery); and
- any other fees and charges set out in these Terms & Conditions.
[b] All fees and charges identified in these Terms & Conditions and all prices for the Products include GST where applicable.
[c] The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our supermarkets for the same Product.
[d] The Customer acknowledges 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 woolworths.com.au or our supermarket or vice versa; and
- all pricing displayed on the Site may differ depending on the postcode the Customer has selected (for example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne).
[e] Similar to pricing of goods in our physical supermarkets, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms & Conditions, once we have accepted the Customer’s Order, we will not change any prices that apply to the Products in that Order.
[f] If a Product that the Customer has Ordered is not available and we have not provided the Customer with a substitute, we will provide the Customer with a refund within 3-5 business days to the Customer’s Openpay account or such other payment method used by the Customer to make the payment, to the value of the Products (excluding delivery) that were not supplied to the Customer.
[g] 1 hour partner driver delivery windows (Partner Driver) are not included in any free Delivery offer(s) that may apply to the Customer and/or its Authorised Personnel.
17. Payment methods
[a] The Customer must pay the fees and charges for orders via the payment provider and/or payment method notified by Woolworths to the Customer from time to time.
[b] We have nominated Openpay as our payment solution provider for our payment on account option. In order to allow us to determine the Customer’s suitability to a credit facility, the Customer consents and agrees to Openpay undertaking a credit inquiry on the Customer, which may include Openpay ordering a report from an external credit reporting body (CRB). A CRB may include information about the Customer in credit reports to credit providers (such as Woolworths) to assist them in assessing the Customer’s creditworthiness. We may seek further information to verify Customer’s or the Authorised Personnel’s identity, which Customer must procure and provide to us on request. We reserve the right to reject an application for an on account payment method or credit facilities from us.
[d) If Customer completes registration of an Openpay account and we confirm that the Customer has been granted credit facilities, Customers may use Woolworths 15 day credit facility to place Orders on the Site.
[e) The Customer will be able to perform the following functions via the Openpay portal:
- Review transactions in real time by signatory, store, banner and date;
- Review statements, balance and payment history;
- Manage account payment method and requirements;
- Manage purchase orders;
- Manage any Work Account by Woolworths Group cards (Work Account Cards) if applicable; and
- Manage signatories.
[f] If we approve the Customer for a credit account or consolidated invoice, Customer must pay credit accounts and consolidated invoices in full within 15 days (or as otherwise agreed in writing) of invoice issue. If we approve the Customer for individual invoices with purchase, payment must be made in full within 15 days (or as otherwise agreed in writing) from statement containing the individual invoice. A Customer can only select one type of invoicing for their organisation at any given time.
[g] The Customer acknowledges that if the Customer fails to meet its payment obligations or if the Customer commits a serious credit infringement, we may be entitled to disclose this to a CRB and third party collections agency.
[h] Illion and DBCC Pty Ltd trading as Dun & Bradstreet Consumer Credit, are the credit reporting bodies related to these Terms and Conditions. Contact details for these parties are set out below:
Level 20/201 Elizabeth St, Sydney NSW 2804
Ph: 13 23 33
- DBCC Pty Ltd
Ground Floor, 479 St Kilda Road, Melbourne Victoria 2004.
[i] We accept the following credit cards: MasterCard, VISA, AMEX, and Diners.
[j] If you choose to pay for your Order via credit card, you authorise us to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
[k] The Customer must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
[l] We will provide the Customer with a delivery docket at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the Order and the out of stock Products including the dollar value refunded to the Customer’s Openpay account.
[m] The Customer acknowledges and agrees that its ability to place an Order for Products may be affected if:
- the Customer fails to pay the fees and charges for Orders via the payment solution provider and/or payment method notified by Woolworths to the Customer from time to time when due; and/or
- we (acting reasonably) revoke approval for Customer’s use of our credit facilities, a credit account, individual invoice with purchase or consolidated invoice, provided we provide Customer 3 days prior written notice of such revocation.
18. Substitution or missing items in delivery
[a] The Customer acknowledges that a Product that the Customer Orders may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide the Customer with that Product.
[b] For Orders, we will provide the Customer with a substitute Product:
- when the Product the Customer has selected is not available; or
- if we are not able to supply to the Customer the Product that the Customer has selected.
[c] We aim to select substitute Products that are of similar value and quality, but we reserve the right not to provide the Customer with a substitute Product even if a suitable substitute Product is available.
[d] For Orders, we will endeavour to provide the Customer with a substitute Product for most Products. However, we do not provide the substitute option for tobacco, cigarettes, baby food, baby formula, and gluten free Products or any other Products that are specified as such on the Site.
[e] For Orders, we will endeavour to provide the Customer with a substitute Product where the price for that substitute Product is of equal or greater value than the Product the Customer selected. If so, then we will charge the Customer the price of the Product the Customer Ordered rather than the price of the substitute Product of greater value. If a substitute Product provided is of lesser value than the Product the Customer selected, we will credit the difference in value back to the Customer’s Openpay account or such other payment method used by the Customer. All substituted items will be reflected in the dispatch note, and the value charged to the Customer will be detailed in the Customer’s Openpay account at month end.
[f] Where a Product the Customer has selected is substituted with another Product, we cannot ensure that the substitute Product caters to specific dietary requirements, including allergies. Please read the labels of each Product for dietary and allergy information.
[g] In all other circumstances, the Customer may contact Customer Service on 1300 665 386 during Contact Hours within 24 hours after the delivery or collection 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 the Customer, we will provide the Customer with a credit to the Customer’s Openpay account or such other payment method used by the Customer to make the payment within 3-5 business days for the Products that were charged but not delivered to the Customer.
[a] The Woolworths Returns Policy applies to all purchases of Products using the Site and forms part of these Terms & Conditions.
[b] If the Customer wishes to return Product in accordance with our Returns Policy, then the Customer may:
- return the Product to one of our supermarkets; or
- contact our Business Support by telephone to make arrangements to return that Product. In this instance, the Customer may return the Product (excluding perishable Products) to us at the time we deliver the Customer’s next Order. Upon confirmation from the driver that the goods have been received we will refund the Customer’s card of purchase with the funds being available within 3-5 business days.
[d] The Woolworths Returns Policy applies in addition to any other rights to which the Customer may be entitled under applicable legislation (including, where relevant, the Competition and Consumer Act 2010 (Cth)). Our liability to the Customer under this agreement is otherwise, to the maximum extent permitted by applicable legislation, limited as set out in clause 25 below.
20. Fresh or Free Guarantee
[a) In addition to the Customer’s other rights and remedies at law and our standard refund/exchange policy, we also offer the Customer a “Fresh or Free Guarantee” on fresh food items. If the Customer is not satisfied with one of the Customer’s fresh food items, notify the Business Support Team on 1300 665 386 or email firstname.lastname@example.org. The Customer will receive a refund on the items back to the Customer’s Opypro account. Alternatively, the Customer can take the items back to a Woolworths store with the Customer’s online invoice and the store will refund the item and replace it for the Customer. Woolworths will not refund any Delivery Fees (if applicable).
[b) The above Fresh or Free guarantee applies to fresh food items purchased online via the Site.
21. RECALL OF GOODS
[a] If either party becomes aware that it is necessary or desirable to recall any Product because:
- the Product does not comply with these Terms & Conditions;
- the Product does not comply with relevant Laws and/or industry codes;
- the Product is defective or damaged;
- a relevant authority has ordered or directed, or is likely to order or direct, that the Product be recalled; and/or
- of some other reason, that party must immediately notify the other party in writing of that fact.
[b] If Woolworths conducts a recall the Customer must fully and promptly cooperate with all reasonable requests made by Woolworths in connection with the recall.
22. The Customer’s general obligations
[a] The Customer:
- must procure the relevant consent from its Authorised Personnel to provide the LoginID to us for the purpose of setting up an account;
- must ensure that the Customer’s LoginID and password that is used by its Authorised Personnel to access the Site and the details of the Customer’s account are kept in a safe and secure manner;
- must notify us through Business Support on 1300 665 386 during Contact Hours if the Customer (or its Authorised Personnel) is or becomes aware that there is or has been an unauthorised use of the Customer’s LoginID and password, Work Account Card or account, or any other security breach relating to the Customer’s account;
- must promptly advise us of any changes to the Customer’s information provided to us as part of the Customer’s registration process, including whether any Authorised Personnel’s access to the Site, Openpay account or ability to use their Work Account Card needs to be disabled;
- must notify us immediately if any Authorised Personnel’s Work Account Card is lost or stolen;
- is responsible for any costs associated with the Customer’s (or its Authorised Personnel’s) access to or use of the Site, including Internet access fees;
- is responsible and liable for any person that uses the Customer’s LoginID and password to Order Product(s) through the Site, other than where the Customer’s LoginID was accessed by a person fraudulently; and
- agrees that we may charge the Customer for all Products that we agree to supply to the Customer that have been Ordered using the Customer’s LoginID and password through the Site.
[b] The Authorised Personnel:
- must provide us with their date of birth to place an Order for a Restricted Product (for example, a Product that contains liquor, alcohol or tobacco) or where a relevant law requires us to obtain or verify the Authorised Personnel’s date of birth before we agree to supply that Product to the Customer; and
- should check the labels on the Products before consumption or use.
23. General restrictions
The Customer (and its Authorised Personnel) must not:
[a] use the Site for any activities that breach any laws, infringe a third party’s right (including any Intellectual Property 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 or the Customer’s details without their permission or impersonate another Customer or 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 & Conditions; or
[p] attempt any of the above acts or engage or permit another person to do any of the above acts.
24. Suspension of the Customer’s account
[a] We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that the Customer has acted in breach of these Terms & Conditions or have used the Site in a fraudulent or improper manner. Woolworths also reserves the right to otherwise cancel Orders in accordance with clause 15.
[b] If we lock, suspend or delete the Customer’s account under clause 24(a), then we will refund all credits that the Customer is entitled to receive under these Terms & Conditions by direct deposit to the Customer’s nominated account once we have conducted all our verification and other relevant checks.
[a] Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, the Customer is entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
[b] The Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done the Customer is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
[c] The Customer may also be entitled to remedies that cannot be excluded under the Competition and Consumer Act 2010 (Cth) if any services supplied by us to the Customer fail to meet a condition, guarantee or warranty under that legislation.
[d] Without excluding, restricting or modifying the rights and remedies to which the Customer may be entitled under the Competition and Consumer Act 2010 (Cth) or Woolworths’ liabilities under those provisions:
- the Customer acknowledges that each 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;
- we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of these Terms & Conditions.
[e] Subject to paragraph (g) and to the maximum extent permitted by applicable law, our liability in connection with or arising under these Terms & Conditions whether in contract, tort (including negligence), statute or any other cause of action is limited to the greater of the purchase price of the Ordered Products or $100.00.
[f] To the maximum extent permitted by applicable law, we will not be liable to the Customer in connection with or arising under these Terms & Conditions whether in contract, tort (including negligence), under any statute or otherwise for any loss or damage which is:
- special, indirect, incidental or consequential; or
- a loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind,
except and to the extent that such loss or damage arises as a result of our own negligence or wilful misconduct.
[g] Our liability to the Customer for loss or damage of any kind arising out of or in connection with these Terms & Conditions is reduced to the extent (if any) that the Customer causes or contributes to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
26. Indemnity by the Customer
The Customer must indemnify Woolworths and each of its employees and agents from any Loss or Claim directly or indirectly arising out of, or relating to:
[a] storage or handling of the Products by the Customer;
[b] misuse of the Products by the Customer;
[c] warranties or representations made by the Customer without the authority of Woolworths;
[d] any breach of this agreement by the Customer; or
[e] any negligence, wrongful act or omission, or breach of statutory duty by the Customer or by its employees, contractors, officers or agents.
27. Suspension and Termination
[a] We may immediately suspend, terminate or limit the Customer’s access to and use of the Site and (where relevant) the Customer’s account if the Customer is in breach of these Terms & Conditions and:
- the breach cannot be remedied; or
- the Customer fails to the remedy the breach within 10 days of our notice to the Customer of that breach; or
- if there is an emergency.
[b] The Customer may stop using the Site at any time and for any reason.
[c] We may stop making a Site (or any part of it) available without prior notice to the Customer. If we stop making a Site (or any part of it) available, we acknowledge that any Orders that we have accepted prior to not making a Site (or any part of it) available will not be affected unless the Products that have been Ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify the Customer and will refund to the Customer all valid payments received by us for those Products.
The following definitions apply in this clause.
Discloser means the party giving information.
Recipient means the party to whom information is given.
Confidential Information means any written or oral information of the Discloser and includes information about the Recipients business, including information of a technical, business or financial nature that is expressly stated by any provision of this document to be Confidential Information, or that the Discloser makes the Recipient aware is considered by the Discloser to be confidential and proprietary, and includes:
[a] all information that is personal information for the purposes of the Privacy Act 1988 (Cth); and
[b] in the case of the Customer, includes details of the Customer’s end customers, including their Personal Information (as defined in the Privacy Act 1988 (Cth)),
but does not include information which the Recipient can establish:
- was in the public domain when it was given to the Recipient;
- becomes, after being given to the Recipient, part of the public domain, except through disclosure contrary to this document;
- was in the Recipient’s possession when it was given to the Recipient and was not otherwise acquired from the Discloser directly or indirectly; or
- was lawfully received from another person having the unrestricted legal right to disclose that information without requiring the maintenance of confidentiality.
The Recipient must not:
[a] disclose Confidential Information directly or indirectly in any form to anyone else;
[b] use or make a copy of any Confidential Information except to:
- acquire or check information in connection with this document and the transactions contemplated by it; or
- perform any of its obligations under this document or in relation to any of the transactions contemplated by it.
28.3 Exceptions to obligations of confidentiality
The obligations in clause 28.2 do not apply to a Recipient where:
[a] the Discloser has first agreed in writing to the particular disclosure, use, or copying;
[b] the information is disclosed to an officer or employee of the Recipient who needs to know the information concerned to perform his or her duties, or to a professional adviser, banker or financial adviser of the Recipient, or to a person whose consent is required under this document, or for a transaction contemplated by it, and that person makes an undertaking to the Discloser (which the Recipient must ensure that person observes):
- not to disclose any of the Confidential Information in any form to anyone else; and
- only to use the Confidential Information for the purposes of performing his or her duties to the Recipient in a manner consistent with this clause 28, or advising the Recipient, or financing the Recipient, or considering whether to give that consent (as the case may be).
29.2 The Customer and its Authorised Personnel agree that we may send them commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) about our Products, the use of this Site by the Customer or any of its Authorised Personnel, and the Customer’s account where they have not opted out (as described below) from receiving such electronic messages sent to them by Woolworths via those channels or media. The Customer’s and Authorised Personnel’s agreement to receive commercial electronic messages from us will be effective until they opt out.
29.3 If the Customer or any of its Authorised Personnel wants to update where we send the communications referred to in clause 29.2, they can update their contact details by logging into the Customer’s account from this Site, or by contacting our Customer Service on 1300 665 386 during Contact Hours. Please note that if the Customer or any of its Authorised Personnel update their contact details, it may take up to 5 business days before we send communications to the updated address, so the relevant person may still receive communications from us at their previous contact details during this time.
29.5 Opting out of receiving commercial electronic messages from Woolworths will not withdraw the Customer’s and/or its Authorised Personnel’s consent to receive messages from other Woolworths brands. Any consent the Customer and its Authorised Personnel has provided to receive commercial electronic messages from other Woolworths brands are governed under separate terms and conditions that apply to those other Woolworths brands. If the Customer and/or its Authorised Personnel would like to opt out of receiving commercial electronic messages from other Woolworths brands, they can do so by following the opt out facilities in those other Woolworths brands messages sent to them or other opt out options set out in those Woolworths brands’ relevant terms and conditions.
30. Intellectual property rights
[a] The Customer:
- acknowledges 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 “Materials”) are owned by or licensed to us;
- must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
- must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
[b] The Customer may:
- store a reproduction of the content on this Site on the Customer’s local server for the sole purpose of viewing the content and Materials; and
- print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
[c] Each Site contains registered trade marks and other trade marks which are protected by law (including the Trade Marks Act 1995 (Cth)). The Customer 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. The Customer 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.
31. Dispute Resolution
31.2. Dispute Resolution
If a dispute arises out of or in relation to these Terms & Conditions (including any dispute as to breach or termination of these Terms & Conditions or as to any claim in tort, in equity or pursuant to any statute) (a “Dispute”), a party may not commence any court or arbitration proceedings relating to the Dispute unless it has complied with this clause except if the party seeks urgent interlocutory relief.
31.3. Notice of Dispute
A party claiming that a Dispute has arisen in relation to these Terms & Conditions shall give written notice to the other party specifying the nature of the Dispute (a “Dispute Notice”).
Upon receipt of a Dispute Notice, the parties shall procure that their respective Account Manager meet to endeavour to resolve the Dispute expeditiously by negotiation.
31.5. Resolution of Dispute
If the parties have not resolved the Dispute under clause 31.3 within 45 days of receipt of a Dispute Notice the parties shall endeavour to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by the parties.
Subject to clause 31.2 if the parties do not agree within 60 days of receipt of a Dispute Notice (or such further period as the parties agree in writing) as to:
[a] the dispute resolution technique and procedures to be adopted;
[b] the timetable for all steps in those procedures; and
[c] the selection and compensation of the independent person required for such technique,
then the parties shall mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales, and shall participate in good faith in such mediation.
31.7. Court proceedings
If the Dispute is not resolved despite compliance with the rest of this clause, within 3 months of commencement of dispute resolution procedures under clause 31.4 or 31.5, then the parties may commence court proceedings in respect of the Dispute and any matter related to the Dispute.
32. Changes to these Terms & Conditions
[a] We may change these Terms & Conditions at any time without notice to the Customer and such changes will be effective as soon as they are posted to the website. We recommend the Customer reads these Terms & Conditions carefully each time the Customer agrees to them during the Ordering process.
[b] If the Customer has an Order that has been accepted by us, the Terms & Conditions that will apply to the Order are the Terms & Conditions that applied at the time the Customer placed the Customer Order.
[a] The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for the Customer’s convenience only and the Customer agrees that:
- we make no representations or warranties, and have no responsibility or liability for those websites; and
- these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
[b] The Customer agrees that the Customer may access and use the Products and services made available at those external websites solely at the Customer’s risk.
[c] If the whole or any part of a provision of these Terms & Conditions are void, unenforceable or illegal in a jurisdiction such provisions will be read down (to the extent possible) or severed for that jurisdiction. The Customer acknowledges the remainder of these Terms & Conditions remain in 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 these Terms & Conditions or is contrary to public policy.
[d] These Terms & Conditions are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which the Customer is entitled under the Competition and Consumer Act 2010 (Cth) arise independently of these Terms & Conditions and this clause does not apply to any claim the Customer may have under the Competition and Consumer Act 2010 (Cth).
[e] Woolworths attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to Product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
Capitalised terms in these Terms & Conditions have the following meanings unless the context indicates otherwise:
Contact Hours means Business Support Team operating hours, Monday to Friday 6.00 am to 1.00 am, Saturday 7.00 am to 9.30 pm and Sunday 8.00 am to 5.30 pm Australian Eastern Daylight Time.
Delivery Address means the address specified by the Customer during the customer registration process or in writing at the time of placing an Order for the delivery of Products that we will supply to the Customer under these Terms & Conditions.
Delivery Fee has the meaning given in clause 16(a)(ii).
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
LoginID means the email address that the Authorised Personnel provided to us as part of the registration process to use the Site.
Order means any Order for a Product or Products submitted using the Site.
Product means each good or service that is advertised on a Site.
Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing liquor, tobacco or sharp objects.
35. Free standard packaging
The Customer will receive free standard packaging for all Orders placed via the Site. Standard packaging options include paper bags, plastic bags, and bagless to bench, with the default option being paper bags unless such bags are unavailable at the time the Order is packed.
Through our “bagless to bench” service, your order will be delivered to you in a crate and unpacked by your driver at the Delivery Address. If you select the “bagless to bench” service you will not be able to select the “leave unattended” option at the checkout as we cannot leave the crate unattended. The option of a “Bagless to Bench” service may be suspended or terminated by Woolworths at any time and at its discretion. Due to food safety reasons, certain produce items will continue to be packed into produce bags. Some other products, such as chilled and frozen items, currently still need to be packed into produce or reusable bags for food safety reasons.