TERMS AND CONDITIONS
1.1 You may be required to enter personal information such as your name, address, Delivery Address, contact number, email, payment details, date of birth and gender when you access the Website or create an Account on the App (‘Personal Information’).
1.2 You acknowledge that Top Juice relies on the accuracy of the Personal Information You have submitted in order to carry out the Services to a satisfactory standard and shall not be responsible for any loss or damage to You arising from an inaccuracy or misrepresentation of Your Personal Information or any other information you provide to Top Juice.
1.3 If you wish to make an Order through the Website, You can enter Personal Information and delivery information at the time of ordering and do not need to create an account.
1.4 To make an Order through the App, You must first create an Account via the App.
1.5 In respect to Your Account, You agree and acknowledge that:
(a) You are fully responsible for the safekeeping of Your Personal Information, passwords and payment details as provided in connection with the creation and use of the Account on the App;
(b) Your payment information is not stored on your Account on the App and the security of all payment information is managed by Stripe or Cyber Source.
(c) Setting up Your Account may include the retrieval of third party login credentials (such as from You’re already established social media accounts) and it is entirely Your choice to link Your Account to any third party accounts. Where you have chosen to link Your Account to a third party account, Top Juice can access, make available and store any information disclosed through this account. You acknowledge that you are responsible for disabling the connection between Your Account and any third party account if necessary. Top Juice accepts no liability whatsoever in this respect;
(d) You agree to notify us promptly at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that You become aware of involving or relating to an Order or performance of the Services.
1.6 In respect of Your Order, You agree and acknowledge that:
(a) All details relating to your Order (including, if applicable, selection and quantity of Goods, Personal Information and time preferences for delivery) are correctly supplied by You to Top Juice. Should these details be incorrect, Top Juice will accept no liability whatsoever in this respect;
(b) All Orders made are deemed to be an express intention to purchase the Goods and engage the Services for the online prices as advertised;
(c) Where You have placed an Order through the Website, Top Juice will email You an Order Confirmation in respect to the Goods and Services;
(d) Where You have placed an Order through the App, You shall receive an Order Confirmation via the App advising when the Order has been processed;
(e) You are solely responsible to ensure that all details in the Order Confirmation are correct. Any incorrect details must immediately be notified to Top Juice after receipt of the Order Confirmation and Top Juice accepts no liability whatsoever in this respect.
1.7 Top Juice reserves, at its sole discretion, the right to refuse any Order for Services, to terminate access to Your Account on the App and/or to cancel or amend any Order made without prior notice to you. You shall have no right to claim any loss, damage or compensation whatsoever against Top Juice should Top Juice exercise any of its rights in the Terms and Conditions.
2.1 At the time of making an Order on the Website:
(a) You may nominate Your Delivery Address and preferred time period for delivery; or
(b) You may opt to collect the Goods yourself or through an authorised representative.
2.2 Top Juice shall endeavour to deliver Orders made through the Website in accordance with the following time frames:
(a) Next day delivery (factoring into account a two hour window indicated by You on the Order) for Orders made before 12:00pm on a weekday in Sydney;
(b) For Orders required to be delivered on a Saturday or Sunday in Sydney, delivery within a two hour window indicated by You on the Order so long as the Order was placed before 12:00 am on the preceding Friday, and additional delivery charges may apply;
(c) For Orders required to be delivered in Canberra, Melbourne metropolitan area or the Gold Coast, as discussed in correspondence between You and Top Juice and Your payment of any additional delivery charges.
2.3 Top Juice will use its best efforts to ensure the Services are provided to the Delivery Address within the time frames in clause 2.2 herein but cannot guarantee this due to factors outside its control. Top Juice will notify You of instances where it cannot conform to estimated times of delivery.
2.4 You are required to ensure an authorised representative is present to receive the Goods at the Delivery Address.
2.5 Top Juice personnel may require the authorised representative to show proof of the Order Confirmation upon arriving at the Delivery Address.
2.6 If nobody is present at the Delivery Address to receive the Goods, Top Juice reserves the right to retain the Goods and shall be deemed to have performed the Services. You shall not be refunded in this event.
2.7 Top Juice will not be responsible for any lost or stolen Goods which are left at a Delivery Address upon Your instructions or request.
2.8 You or Your authorised representative may collect an Order made through the Website upon the following terms:
(a) For Orders made prior to 12:00 pm on a week day in Sydney, You may collect the Goods from Top Juice’s central kitchen located at 204a Hume Highway, Greenacre NSW 2190 on the next business day, keeping in mind the central kitchen closes at 3:00 pm.
(b) For Orders which require collection on a Saturday, You must make the Order before 12:00pm on the preceding Friday and may collect the Goods from Top Juice’s central kitchen located at 204a Hume Highway, Greenacre NSW 2190 prior to 12:00pm.
(c) For Orders to be collected in Canberra, Melbourne metropolitan area or the Gold Coast, You can collect the Order from any Top Juice store in those locations after 48 hours of making the Order as long as the Order is placed on a Monday to Friday before 12:00pm. You should check the individual store’s trading hours and contact the store you will be collecting from to ensure the Order can be fulfilled.
2.9 Orders made through the App are not eligible for delivery and must be collected by You or Your authorised representative at the Top Juice store which You selected when making Your Order.
2.10 You understand that the opening hours of each Top Juice store may differ and that these hours are set by the individual centres and premises in which the stores operate.
2.11 In the event that a pick up time has been confirmed with You in relation to Your Order, it is Your (or Your authorised representative’s) responsibility to collect the Goods within a reasonable time and You acknowledge that Top Juice shall not be liable to replace Your Order where the Goods have changed consistency, flavour, temperature or quality due to Your lateness.
2.12 If you have authorised a representative to collect the Order, You must ensure that the authorised representative can show Top Juice a copy of the Order Confirmation. Top Juice may refuse to hand over the Goods relating to an Order if the person collecting the Goods cannot show proof of an Order Confirmation.
2.13 Top Juice shall not be liable for handing over Goods to a person who claims to be an authorised representative on your behalf if that person has misrepresented its authority or capacity.
2.14 You acknowledge that the availability of Goods may vary from store to store and Top Juice cannot guarantee that the Goods shall be at your nearest store at the time of your Order. Prior to collecting the Goods, You should contact the store you will be collecting from to ensure the Order can be fulfilled.
3.1 Payment for the Goods and shall be made by you:
(a) At the time of placing Your Order on the Website, through the use of a third party provider (Stripe); or
(b) At the time of placing your Order on the App, through the use of a third party provider Stripe; or Cyber Source
(c) In store upon your collection of the Goods (where Top Juice has provided prior consent to this in relation to your Account), in which case you acknowledge that pricing of the Goods may vary from store to store.
3.2 By making a payment transaction through the App, you agree that the transaction shall be in accordance with Stripe’s Terms.
3.3 By making a payment transaction through the Website, you agree that the transaction shall be in accordance with Cyber Source Terms.
3.4 You agree that Top Juice shall not be held liable for any payments or financial transactions that relate to your Order and that all issues or disputes relating to the processing of financial transactions must be actioned through Stripe or Cyber Source
3.5 Top Juice is not liable for loss or damage from errant or invalid transactions, including transactions that were not processed due to a network communication error. It is your responsibility to verify that the transaction was successfully processed.
3.6 Any refunds agreed to apply to your Order through the App shall be processed by Stripe or Cyber Source.
3.7 You must not attempt to process payments through Stripe or Cyber Source using stolen credit cards or unauthorised credit cards.
3.8 You agree to purchase the Goods for the prices which are displayed on the App or Website at the time that your Order is processed.
3.9 All prices displayed by Top Juice are in Australian dollars.
3.10 Should the payment transaction for the Goods and Services be declined by Stripe or Cyber Source or otherwise fail, Top Juice reserves the right, at their absolute discretion, to refuse delivery of the Goods and performance of the Services.
4.1 You must act reasonably and in good faith in your conduct with Top Juice and the App.
4.2 Top Juice encourages you to submit Feedback but you agree and acknowledge that:
(a) Your rights and interests in this Feedback, including any copyright, are waived and transferred immediately to Top Juice;
(b) Top Juice obtains all proprietary interests in this Feedback; and
(c) Top Juice may use this Feedback as it deems fit.
4.3 Top Juice reserves the right to deal with, remove or delete, at its sole discretion, any reviews or comments provided by You should Top Juice determine, in its sole discretion, that such comments interfere with the Services, violate any law or regulation, are or may be false, misleading, deceptive, defamatory, threatening, harassing, discriminatory, obscene or harmful in any way. You shall not be entitled to any compensation from Top Juice for any loss or damage sustained in this respect.
4.4 If You are registering, accepting or using the Services or creating an Account on behalf of an individual, company or other organisation, You represent that You have authority to bind the represented individual, Company or organisation by Your actions.
5.1 Except as required under the Competition and Consumer Act 2010 (Cth) (as amended from time to time) or any other relevant legislation, Top Juice makes no warranties and/or representations in respect to the Goods and Services, including but not limited to the quality, temperature, freshness or availability of the Goods and/or the availability or performance of the Services. Top Juice is not liable for any claims, loss or damages made by You in this respect.
5.2 Where the Goods relating to your Order fail to meet the description as indicated on the Website or the App or the Order is otherwise incorrect, You must immediately contact Top Juice using the contact details provided at clause 12 and Top Juice shall use its best endeavours to rectify Your Order or offer you a refund where Top Juice is directly at fault.
5.3 You acknowledge that in making an Order, you have not relied on the images of the Goods represented on the Website or App as images are indicative only and may not be an accurate depiction of the Goods.
5.4 Top Juice are not liable for any loss, theft or damage caused to Goods once they have been delivered to You or collected by You or an authorised representative.
5.5 Top Juice accepts no liability for any failure to perform the Services where the App or Website are not functioning properly due to circumstances beyond its control.
5.6 Top Juice puts You on notice that it may use peanuts, tree nuts, milk, eggs, sesame, fish, shellfish, soy, wheat, lupin or other allergens in the preparation of the Goods. You take full responsibility for the Orders submitted including informing Top Juice of any allergies which may impact on the Order.
5.7 You acknowledge that if You are under 18 years old or pregnant, some Goods (such as Goods containing protein or caffeine) may not be suitable for You and Your purchase of such Goods is at your own risk.
5.8 To the full extent permitted by the Competition and Consumer Act 2010 (Cth) (as amended from time to time) or any other relevant legislation, Top Juice’s liability for any loss or damages sustained by You is limited to the sums paid by You for the particular Order to which the loss or damage relates.
5.9 Top Juice reserves its right to amend any typographical errors in the displayed prices for the Goods and Services as offered through the App.
5.10 Where the App or Website contains links to third party websites, applications, products or services, Top Juice does not endorse the accuracy or lawfulness of these links and You access these links at Your own risk.
5.11 No advice or information, whether oral or written, obtained from Top Juice or through the Services, will create any warranty not expressly made herein.
6.1 You agree and acknowledge that:
(a) the App and its entire content and technology is the property of Top Juice or its Related Entity (as defined in the Corporations Act 2001 (Cth));
(b) Top Juice grants You a non-exclusive, non-transferable and revocable licence to download and install a copy of the App onto an electronic mobile or tablet device owned by You from an online store such as the App Store or Google Play;
(c) Any content contained on the App and the Website including but not limited to text, data, information, graphics, images, audio, video, domain names, tagline, organisation, and user look-and-feel is the intellectual property of Top Juice;
(d) You shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, license, sublicense or otherwise deal with the App, related software, or intellectual property contained on the Website;
(e) the Top Juice brand names and trademarks are the property of Top Juice or its Related Entity and must not be used by You without the prior written consent of Top Juice or its Related Entity;
(f) In the event that You are offered software downloads via the Website or the App, such software and data is licenced to You by Top Juice or a third party for Your personal non-commercial use at the time of download; and
(g) all goodwill generated from the use of the App shall vest in Top Juice or its Related Entity.
7.1 Top Juice may collect Personal Information you have divulged via the Website or the App.
7.3 Top Juice may also use your Personal Information to send You information and communications relating to Top Juice’s Goods and Services through the App by using push notifications. You may opt out of receiving such information and communications by disabling the push notifications feature of the App.
8.1 Top Juice prohibits You from engaging in the following activities in respect to the Website and/or App:
(a) Using the same Personal Information to create more than one Account;
(b) Deleting and re-creating an Account to receive the same Offer;
(c) Creating duplicate Accounts;
(d) Obtaining or collecting information about other users of the Services without authorisation, and using that information for the purpose of sending unsolicited emails, mailings, telephone calls, or other communications of any form;
(e) Engaging in any illegal activity, including but not limited to:
iii. transmitting any file through the Website or App which contains contaminating or destructive features;
(f) Interfering with other customers’ use of the Website or App in any way, including deliberately placing a disproportionate burden on the infrastructure which will negatively affect the availability of the Services for others.
8.2 Top Juice reserves the right to investigate and prosecute violations of any restricted activity pursuant to clause
8.1 and any other unlawful activity including intellectual property rights infringement and security issues, to the fullest extent of the law. Top Juice may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that Top Juice has no obligation to monitor Your access to or use of the Website or App or to review or edit any Feedback, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Top Juice reserves the right, at any time and without prior notice, to remove or disable access to any content, including any Feedback, that Top Juice, in its sole discretion, considers to be in violation of these Terms and Conditions or otherwise harmful to the Services.
9.1 From time to time, Top Juice may publish Offers on the App or Website.
9.2 Offers can only be accessed if You have an Account and through the use of Your individualised QR Code which is connected to Your Account. Any available Offers will be tracked on your Account and will be displayed prior to You placing an Order on the App or Website.
9.3 Only one Offer may be redeemed at any one time (whether through an Order or in-store purchase) and no Offer is available in conjunction with any other Offer.
9.4 You may either redeem an Offer when placing an Order through the App or Website by using your Account or by presenting the QR Code which is linked to Your Account in store at the time of making your purchase.
9.5 You acknowledge and agree that Offers advertised on the App (or Website) may stipulate special conditions or requirements which You will need to read at the time and may need to satisfy.
9.6 Offers are not applicable to and cannot be redeemed for small sized drinks.
9.7 In the event You are employed by Top Juice, You will be permitted to make use of the staff special offer to receive 20% off Goods for personal consumption (including catering orders for personal/domestic events). This particular Offer is only valid during the course of Your employment with Top Juice and shall expire immediately upon the termination of your Employment. For clarify, this particular Offer is not available for redemption in conjunction with any other Offer and is an exemption to clause 9.6.
10.1 In the event of a Dispute, the complainant who raises a Dispute must notify the respondent in writing the nature of the Dispute, what outcome the complainant wants and what action the complainant believes will settle the Dispute, after which the parties shall attempt to resolve the Dispute amicably by agreement between them.
10.2 Any attempts made by the parties to resolve a Dispute pursuant to this clause shall be without prejudice to any other rights or entitlements of the parties, by law or in equity.
11.1 The Terms and Conditions are governed by the laws of New South Wales. Any unresolved Dispute between You and Top Juice that arises in whole or in part from the Terms and Conditions shall be decided exclusively by a court of the competent jurisdiction in Sydney, New South Wales. The Terms and Conditions constitute the entire agreement between You and Top Juice.
11.2 If for any reason a court of competent authority finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect.
12.1 Any notice, complaint or written communication to Top Juice must be in English and can be delivered by post or email to the following addresses:
Post: Top Juice Support Office
18A Anzac Street
Greenacre, NSW, 2190
Phone: +61 2 8095 9884
13.1 Top Juice may amend the Terms and Conditions from time to time without prior notice to You. Top Juice will publish the latest version of the Terms and Conditions on its Website and App.
For the purpose of these Terms and Conditions:
Account means the user account You have created by entering Your Personal Information on the App to enable You to access the Services.
App means the Top Juice application which is downloadable onto electronic mobile and tablet devices via an online store.
Delivery Address is the location address nominated by You to which the Goods shall be delivered.
Dispute means any claim, disagreement or dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination.
Feedback means any online or social media comments or reviews regarding Your experience with the Website or the App.
Goods means the food and drink products available from Top Juice for which You have placed an Order.
Offer means a special offer, discount or promotion published on the App or Website which allows You to purchase the Goods at a reduced price or receive multiple Goods for a lesser price under your Account.
Order means any requests made to order the Goods and/or engage the Services via the Website or the App, irrespective of whether payment has already been made to Top Juice.
Order Confirmation means an electronic communication sent by Top Juice to You containing details of Your Order after it has been placed.
Personal Information is defined in clause 1.1.
Services means the supply and delivery of Goods and provision of online ordering platforms by Top Juice.
Stripe means the US based payment platform used by Top Juice for processing credit and debt card transactions.
Stripe’s Terms means Stripe’s services agreement for its Australian customers found at https://stripe.com/au/ssa and Stripe’s privacy statement found at https://stripe.com/au/Privacy
Website means https://topjuice.com.au/
You/Your means the customer acquiring the Goods or Services or otherwise engaging with Top Juice.
Version: 23 March 2020