Terms of service

Welcome to www.cress8.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

 

The Website is operated by Senya Pty Ltd trading as ‘Cress 8’ (ABN 44605015245). Access to and use of the Website, or any of its associated Products or Services, is provided by Cress 8. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

 

Cress 8 reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Cress 8 updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of the publication.

  

Acceptance of the Terms

 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Cress 8 in the user interface.

  

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

 All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  

Registration to use the Purchase Services

In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may required to provide personal information about yourself (such as identification or contact details), including:

  • Email address
  • Preferred username
  • Mailing address
  • Telephone number
  • Password
  • Delivery address
  • Credit card details

Please refer to our privacy policy for more details on how we collect and use your personal information.

You warrant that any information you give to Cress 8 in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms if:

(a) you are not over 18 years old; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia.

 

Our products and services are only available to people residing in Australia.

  

Purchase of Products

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

Payment of the Purchase Price may be made through Master card, Visa, Amex and Bank deposits (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

 

Food Allergies

You must notify Cress 8 about any food allergies of your guests prior to making an order on 0466 078 168 or by email info@cress8.com.au. Cress 8 takes maximum precautions not to cross contaminate food allergens, but Cress 8 does not guarantee that there won’t be cross contamination. Cress 8 does not take any liability for any allergic reactions caused by after consuming Cress 8 food.

  

Cancellation & Refund Policy

For catering services following cancellation policy applies:

For 4 days or more cancellation notice Cress 8 will refund 100% of the deposit.

For cancellation notices given 3-2 days before the event 15% cancellation fee apply from the total order amount.

For cancellation notices given within 24 hours 50% cancellation fee applies from the total order amount.

Cancellation of frozen meals requires minimum 24 hours of notice prior to the pick up or delivery date. You can cancel your ready made meals order by calling 0466 078 618.

Please inspect your order upon reception and contact us immediately on 0466 078 618 if the item is defective, damaged or if you receive the wrong item, so that Cress 8 can evaluate the issue and take necessary steps to correct the situation.

Due to the perishable nature Cress 8 products are unable to be returned or refunded, unless in the event that there is a confirmed error on our end and/or you have been incorrectly charged.

This refund policy does not apply to frozen meals which have been opened, used or if not in its original packaging.

Cress 8 refuse to pay any costs associated with any order return if there is no fault at our end. Failure to follow the cancellation and refund policy will result in refusal of any refunds or credits being issues by Cress 8 to the customer.

 

Privacy

Cress 8 takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Senya Pty Ltd's Privacy Policy, which is available on the Website.

 

Warranties & Liabilities

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall Cress 8 any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

 

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of Cress 8 are subject to copyright. The material on the Website is protected by copyright under the laws of Australia. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Cress 8 or its contributors. (b) Cress 8 retains all rights, title and interest in and to the Website and all related content. You may not, without the prior written permission of Cress 8 and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.

 

Dispute Resolution

If a dispute arises out of or relates to the Terms, must give written notice via email info@cress8.com.au detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

 

Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and  construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles,  notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

Severance

 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.