WISELIST PTY LTD – TERMS AND CONDITIONS
(a) These terms and conditions (Terms) are entered into between WiseList Pty Ltd (ABN 86 625 148 496) (we, our or us) and you, the person using our mobile application available on the Apple App Store and Google Play Store (App).
(b) We may amend these Terms at any time, by providing written notice to you or by advising you by notification on our Platform. By continuing to use our Platform after the notice, you agree to the amended terms. If you do not agree to the amendment, you should cease using our Platform and terminate your Account.
2 Our Platform
(a) Through our App we provide a platform (our Platform) that allows you to order items (Items) from food and alcohol stores (Stores) and then connect you with shoppers and delivery drivers (Shoppers) to shop and deliver your order to your nominated address within the delivery areas, among other services which are set out on our App (Shopper Services).
(b) You understand that we only make available the Platform (The WiseList Services). We do not provide shopping or delivery services, we are not the supplier of the goods (or Items) that you are purchasing from the Stores, and all Shoppers are third party contractors who are not employed by us. We do not accept any Liability for the services provided by Shoppers, the Item supplied by the Stores, or any contract you enter into with them for the supply of these goods or services.
(c) By accessing and/or using our Platform or Services you:
(1) warrant to us that you have reviewed these Terms;
(if you are under 18 years old) represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf; and
(3) agree to use our Platform and accept our Services in accordance with these Terms.
(d) If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform is suitable for the minor, (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.
(e) We may suspend your Account or terminate these Terms immediately:
(1) if you engage in conduct which we determine (in our sole discretion) is in breach of clause 3;
(2) if you breach any provision of these Terms and that breach has not been remedied within 5 business days of being notified by us;
(3) upon notice to you, if there is any reason outside our control which has the effect of compromising our ability to provide the Services;
(4) upon notice to you, if you are unable to pay your debts as they fall due; or
(5) if we advise you that we wish to cease offering The WiseList Services provided that we must give you 30 business days prior notice.
(f) Upon expiry or termination of these Terms:
(1) you must cease using our Platform;
(2) we will immediately cease providing The WiseList Services to you; and
(3) you agree that any payments made by you to us are not refundable to you.
(g) You must not use our Platform, in any way that competes with or damages our business.
(h) You are responsible for your use of our Platform.
3 Conduct we do not accept
(a) We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
(b) When you use our Platform and use The WiseList Services, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Platform or The WiseList Services, which we would consider inappropriate or which might bring us or our Platform or Services into disrepute. This includes:
(1) using our Platform to engage in offensive or inappropriate conduct;
(2) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent or seeking to download personal images available on our Platform) or any other legal rights;
(3) using our Platform to defame, harass, threaten, menace or offend any person;
(4) interfering with any user of our Platform;
(5) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(6) using our Platform to send unsolicited electronic messages;
(7) facilitating or assisting a third party to do any of the above acts; or
(8) downloading any information or images available on our Platform unless such information or image is specifically identified as a downloadable item on our Platform.
(c) We’ve designed our Platform for you to use it personally, and not on a commercial basis. You must not use our Platform, The WiseList Services or any of our content, for your commercial purposes.
(d) We may (in our sole discretion) terminate your Account and/or these Terms and ban you from using our Platform if you engage in conduct prohibited by these Terms.
4 Account Registration
(a) You are required to create an account (Account) in order to access the Platform’s features. .
(c) You may also register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information such as your name and contact details.
(d) You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete. Your Account is personal and you must not transfer it to others, except with our written permission. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
(e) When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details. Your delivery address must be located within the delivery locations listed on our Platform. Shoppers will not accept an Order to purchase Items for delivery to addresses outside these locations.
(f) We may contact you via the Platform using in-Account notifications, push notifications or via off-Platform communication channels, such as text message, phone or email.
(g) Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your in the Account page section of your Account settings.
(a) You may place an order for Items from a Store through the Platform for the price set out on our Platform (Order). We will send you a notification via text message once your Order has been accepted by the Shopper and once your payment has been validated. The text message will confirm that your Order is on its way and will include your order number and a delivery time. Any Order placed through our Platform is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your Order.
(b) We may, at our absolute discretion, reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
(c) Each Order that a Shopper accepts results in a separate binding agreement between you and the Shopper for the supply of products in accordance with the Terms.
(d) It is your responsibility to check the Order details, including selected Items and pricing, before you submit your Order through our Platform.
(e) Please be aware that some of the Items sold through our Platform may not be suitable for your personal circumstances including for children under 18 years old, for pregnant women, for persons with underlying medical issues or persons with allergies. Please take extra care when ordering products if you fall within one of these categories. It is your responsibility to check the suitability of a product you order. We are not responsible for determining the suitability of any of the products you order and will not be liable to you for any lack of suitability.
(a) Some Items on our Platform (including alcohol) are not suitable for, and must not be ordered by, or delivered to, persons aged under 18 years old.
(b) By placing an Order for an age restricted product, you warrant that you are at least 18 years old. If you have ordered a restricted product, and you look under the age of 25 years old, you will be asked by the Shopper to provide proof that you are aged over 18 years old.
(c) The Shopper will refuse to deliver the restricted product to you if: (1) you are under 18 years old; (2) you look under 25 years old and you do not provide valid photo identification; and (3) if you appear to be under the influence of alcohol or drugs.
(d) If delivery is refused by a Shopper under this clause, the Shopper will not provide you with the Item and you will still be charged for that Item.
7 Price and payments
(a) You must pay us the purchase price of each Item you order plus any applicable delivery costs based on the delivery options selected by you as set out on our Platform (the Price) in accordance with this clause. If applicable, we display delivery costs separately from the product price. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
(b) You must pay the Price using one of the methods set out on our Platform, such as Stripe or ApplePay. Only once the Price has been paid in full will your Items be collected by a Shopper and delivered to you.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
(d) If any payment has not been made as set out on our Platform or in the Terms, we may (at our absolute discretion) reject the Order.
(e) As we offer payment via third party payment processors, such as Stripe or ApplePay, the payment may be subject to Stripe or ApplePay’s terms and conditions.
(f) We may from time to time issue promotional discount codes for certain products on our Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your Order through our Platform or in the promo section of your Account in our App. The conditions of use relating to promotional discount codes will be specified on our Platform at the time they are issued or in the off-Platform communication channels, such as text message, phone or email through which the promotional discount code is communicated to you.
(g) We may from time to time run competitions on our Platform or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on our Platform at the time of the competition.
8 Availability and Cancellation
(a) All purchases made through our Platform are subject to availability. We do our best to keep products in stock and to keep our Platform up to date with the availability of products.
(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an Order that a Shopper has previously accepted, including where there is a considerable delay in dispatching your Order, if for any reason the Shopper cannot supply the Items you order (for example for an event beyond our reasonable control) or if Items ordered were subject to an error on our Platform (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order to advise you of any cancellations by us. You may choose to receive a refund or a store credit. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you.
(c) Once you submit an Order for Items on our Platform and that Order has been accepted by a Shopper and processing has begun, you may not cancel your order.
9 Delivery, Title and Risk
(a) We currently deliver to areas as set out on our Platform. Please refer to the delivery information on our Platform to ensure you are in our delivery area. If you are not in our delivery area, please contact us at [Support@WiseList.app] to discuss delivery options.
(b) Delivery costs are set out on our Platform. Delivery costs may be payable based on your delivery address and/or the value of the products you wish to purchase as set out on our Platform.
(c) You may select a delivery time through our Platform. Although Shoppers will use reasonable endeavours to deliver products within the delivery timeframe nominated by you, any delivery periods displayed on our Platform are estimates only.
(d) For a fee, we may, at our absolute discretion, offer to dispatch products sooner than our usual dispatch time.
(e) Once you submit an Order on our Platform, the Order is final. If you need to change the delivery date or delivery address, please notify us immediately via the contact options available on our Platform. We will not guarantee that we can accommodate your revised delivery date or address but will do our best to assist you.
(f) The Shopper will attempt delivery at the delivery address provided with your Order. You will not need to sign for deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, the Shopper will leave the Items at a convenient place without requiring your prior consent and risk in the products will pass to you at this time.
(g) Risk in the Items will pass to you as soon as they are delivered to the delivery address you provided in your Order. Once risk in the Items passes, you will be solely responsible for them.
Change of mind returns
(a) We do not accept returns for change of mind or other circumstances.
(b) To the maximum extent permitted by law and subject to our obligations under the Australian Consumer Law, we do not make any representations or warranties in relation to the Platform (including as to whether the Platform or products are or will be fit or suitable for your particular purposes) or our Services, unless expressly stipulated in these Terms.
Australian Consumer Law
(c) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(d) Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(e) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
11 Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Platform, the Terms and the Services) will at all times vest, or remain vested, in us.
(b) You must not, without our prior written consent:
(1) copy or use, in whole or in part, any of our intellectual property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
(3) breach any intellectual property rights connected with our Platform, our Services or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
(a) To the maximum extent permitted by law, we make no representations or warranties about our Platform or our Services, including (without limitation) that:
(1) our Platform is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(2) access to our Platform will be uninterrupted, error-free or free from viruses; or
(3) our Platform will be secure.
You use and act on our Platform at your own risk.
(b) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including your use of the Platform or our Services, the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, Items, or any injury or loss to any person;
(2) failure or delay in providing Items, the Platform or our Services;
(3) the acts or omissions of any Shopper;
(4) any Items purchased by you;
(5) delivery of any order by a Shopper; or
(6) breach of the Terms or any law,
where caused or contributed to by any:
(7) event or circumstance beyond our reasonable control; or
(8) act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform, our Services or the products.
(b) We may disclose that information to third party service providers who help us deliver our services (including our delivery partners and employees, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
14 Third party usage rules
(a) If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
(b) We may use Google Maps/Earth mapping services, including Google Maps API(s). Any use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
15 Notice regarding Apple
(a) To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
(b) Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
(c) If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
(d) Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
(e) Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
(f) You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
(g) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
(h) You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
(a) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(b) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(c) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(d) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
(e) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
(f) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
(g) Photographs: If you provide us with photographs of the Items, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on our Platform and social media.
(h) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(i) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(j) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(k) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on our Platform. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(l) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The App may be accessed in Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside of Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access our Platform.
For any questions and notices, please contact us at:
WiseList Pty Ltd (ABN 86 625 148 496)
Last update: 20 August 2021