SEND APP PTY LTD - WEBSITE TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions for the use of the Send App Pty Ltd (ACN 640 362 947) (Send App, we, us, our) (Terms) to which we provide our services through our website www.sendapp.com.au and any Send App associated mobile application/s through which you access our website or services (Website). Please read these Terms carefully before ordering any products through the Website, as your use of the Website and purchase of any products offered on the Website is subject to these Terms. By ordering products via the Website or continuing to use the Website, you agree to be bound by these Terms. We reserve the right to change these Terms from time to time, to which we will notify you through our Website.

Use of your personal information submitted via the Website is governed by our Privacy Policy.

Any references to Website within these Terms and any related policies, include any current or future version of our website www.sendapp.com.au and any Send App associated mobile application/s through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.

1. USE AND SALE

  • 1.1. Company details: Send App Pty Ltd (ACN 640 362 947) is a company registered in New South Wales, Australia at Unit 13, 18 Redman Road, Dee Why, New South Wales 2099.

  • 1.2. Service: SenWe provide a medium for you to communicate, process and pay for your order/s (Order(s)) for products (Product(s)) to be delivered to you through a vetted shopper partner (Service).

2. WEBSITE USE AND TERMS

  • 2.1. Website access and use: You may access and use some areas of the Website without making an Order or registering your details with us. Most areas of the Website are accessible by the general public.

    When you use the Website or register an account, you will provide us with personal information such as, but not limited to, your name, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.


  • 2.2. Acceptance of Terms: By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

  • 2.3. Revision of Terms: We may revise these Terms at any time. You should check the Website regularly to review the current Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.

  • 2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms and that they comply with them.

3. YOUR STATUS

  • 3.1. Capacity and age: By placing an Order through the Website, you warrant that:

    • 3.1.1. You are legally capable of entering into binding contracts; and

    • 3.1.2. You are at least 18 years old.


  • 3.2. Alcohol and cigarettes: You acknowledge and agree that:

    • 3.2.1. It is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;

    • 3.2.2. Cigarettes are not for sale to persons under the age of 18; and

    • 3.2.3. Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18. In the event that you place an order for alcohol or tobacco products, you will be required by the to present your ID upon delivery. Send App supports the Responsible Service of Alcohol.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

  • 4.1. Compiling your Order: Once you select the Products you wish to order from the menu and provide other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.

  • 4.2. Minimum Order Amount: Our minimum order value is AU$19.99 which is subject to review and change from time to time. Any changes made will be posted on our Website and any associate mobile application/s as appropriate.

  • 4.3. Amending or cancelling your Order: Once you submit your Order and your payment has been authorised, you will not be entitled to change or cancel your Order online (refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and we will attempt to action your requests. However, there is no guarantee that we will be able to fulfil the amendment to your order.

  • 4.4. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed.

  • 4.5. Processing your Order: On receipt of your Order, we will begin processing the order and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by us. We reserve the discretion to reject Orders at any time because of any reasons that may relate to our Website traffic and/ or, due to weather conditions or for any other reason. When we confirm receipt of an Order and there is an expected delay in collection or delivery time, we will send you an SMS confirmation (provided that you have given us your mobile telephone number).

  • 4.6. Product availability: We will do our best to ensure that all Products offered throughout our Website and any associated mobile application/s are in stock and available for you to purchase. Any item/s which may be out of stock will be marked as such. In the unlikely event to which this is not the case, and we are unable to fulfil your order due to certain Product/s being out of stock, we will communicate this to you as soon as possible to which you will then be able to select a replacement Product of similar quality or value. You will also be eligible to receive a full refund to the amount of your Order in the event that there is no suitable replacement. As such, you will be issued with a receipt at the time of purchase and a subsequent amended receipt should any adjustments be made.,

  • 4.7. Delivery of your Order: Estimated times for deliveries and collections that are provided are only estimates. We cannot guarantee that Orders will be delivered or will be available for collection within the estimated times. To the extent permitted by law, including the Australian Consumer Law, Send App accepts no liability associated with the delivery by the accepting the Order.

5. PRICE AND PAYMENT

  • 5.1. Taxes and delivery costs: Prices for individual menu items will be as quoted on the Website are in Australian dollars. These prices include any applicable taxes and any online payment administration charge imposed by your financial institution and associated method of payment (if you pay for your Order online). These will be added to the total amount due where applicable.

  • 5.2. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website

  • 5.3. Card Payments: If you pay by credit or debit card, you may be required to provide proof of your card at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.

  • 5.4. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by Send App, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers.

  • 5.5. Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

6. CUSTOMER CARE

  • 6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by emailing us or by calling the telephone number shown under the "About us" link on the Website. Alternatively, you can access the list of frequently asked questions FAQ.

  • 6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to resolve your query

  • 6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to resolve or fulfil your requests. However, there is no guarantee that we will be able to do so as we may already started to process your Order.

  • 6.4. Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products or the service provided by us, please consider providing feedback in the form of ratings, comments and reviews on the Website (Reviews). The Reviews are an important part of our quality control process.

  • 6.5. Compensation: If you are dissatisfied with the quality of any Products or Services provided by us and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact Customer Care Team directly to lodge your complaint. Please note that we might be not able to provide, and have no responsibility or liability for providing, any compensation to you.

7. LICENSE

  • 7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

    • 7.1.1. You must not misuse the Website (including by hacking or "scraping").

    • 7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.

    • 7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

    • 7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.

    • 7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.


  • 7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

  • 7.3. Reservation of rights: Any rights not expressly granted in these Terms are reserved.

8. SERVICE ACCESS

  • 8.1. Website availability: CWhile we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

  • 8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

  • 8.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

9. VISITOR MATERIAL AND REVIEWS

  • 9.1. General:

    • 9.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) (Visitor Material) will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

    • 9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.


  • 9.2. Visitor Material Policy:

    • 9.2.1. breaches any applicable local, national or international law;

    • 9.2.2. is unlawful or fraudulent;

    • 9.2.3. amounts to unauthorised advertising; or

    • 9.2.4. contains viruses or any other harmful programs.


  • 9.3. Visitor Reviews Policy::

    • 9.3.1. contain any defamatory, obscene or offensive material;

    • 9.3.2. promote violence or discrimination;

    • 9.3.3. infringe the intellectual property rights of another person;

    • 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);

    • 9.3.5. promote illegal activity or invade another's privacy;

    • 9.3.6. give the impression that they originate from us; or

    • 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.


  • 9.4. Removal of Reviews: The transmission of information via the internet is not completely secure. Although we take the stepsThe prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, Send App will not remove or edit reviews where Send App believes that doing so would be in breach of the Australian Consumer Law.

  • 9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials

  • 9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by any other third party arising out of or in connection with any Reviews or other visitor material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

  • 9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

10. LINKS TO AND FROM OTHER WEBSITES

  • 10.1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

  • 10.2. Linking permission: You may link to the Website's homepage (www.sendapp.com.au), provided that:

    • 10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;

    • 10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;

    • 10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));

    • 10.2.4. we have the right to withdraw linking permission at any time and for any reason


11. DISCLAIMERS

  • 11.1. Website information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.

  • 11.2. Specials listed on the Website are subject to change: We may alter our specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through any loyalty discount program are non-transferrable and are not redeemable for cash.

  • 11.3. Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information (Menu Information) from the item menus that are provided to us by our retail partners. However, it is the responsibility of our retail partners to provide this Menu Information and ensure that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with our retail partners directly before ordering.

  • 11.4. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).

12. LIABILITY

  • 12.1. General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Terms.

  • 12.2. Exclusion of liability: Subject to clause 12.1, and your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:

    • 12.2.1. any loss of profits, sales, business, or revenue;

    • 12.2.2. loss or corruption of data, information or software;

    • 12.2.3. loss of business opportunity;

    • 12.2.4. loss of anticipated savings;

    • 12.2.5. loss of goodwill; or

    • 12.2.6. or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.

  • 12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower,

  • 12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

  • 12.5. Indemnity: You agree to indemnify and hold Send App and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

13. TERMINATION

  • 13.1. Grounds for termination: SWe may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

    • 13.1.1. you have used the Website in breach of paragraph 7.1 (Licence);

    • 13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);

    • 13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or

    • 13.1.4. you have breached any other material terms of these Terms.

  • 13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

14. WRITTEN COMMUNICATIONS

  • 14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. EVENTS OUTSIDE OUR CONTROL

  • 15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

  • 15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

    • 15.2.1. strikes, lock-outs or other industrial action;

    • 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

    • 15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic, global pandemic or other natural disaster;

    • 15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

    • 15.2.5. impossibility of the use of public or private telecommunications networks; and

    • 15.2.6. the acts, decrees, legislation, regulations or restrictions of any government

  • 15.3. Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

16. ADDITIONAL TERMS

  • 16.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms by this reference and is available on our Website through our Privacy Policy page.

  • 16.2. Other terms: You should also review our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Terms by this reference.

  • 16.3. Severability: : If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  • 16.4. Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

  • 16.5. No waiver Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

  • 16.6. Assignment You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

  • 16.7. Headings The headings in these Terms are included for convenience only and shall not affect their interpretation.

17. GOVERNING LAW AND JURISDICTION

  • 17.1. These Terms shall be governed by and construed in accordance with the law of New South Wales, Australia. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

18. PROMOTION TERMS & CONDITIONS

  • 18.1. Discount/s on Order/s may apply to the first order made by a Send App Customer via the Website www.sendapp.com.au or the Send App application. Discounts are provided on a discretionary basis by Send App as specified on the Website or Send App application.

  • 18.2. Further terms and conditions may apply.


SEND APP VOUCHER & DISCOUNT TERMS & CONDITIONS

General

1. The following general terms and conditions (Voucher / Discount Terms) will apply to all vouchers issued by Send App from time to time for use on the Website (Voucher(s) / Discount(s)).

2. Individual Vouchers will also be subject to, and the Voucher Terms will be supplemented and/or modified by, additional terms and conditions (Specific Voucher / Discount Terms) that will be specified on the Voucher or at the time the Voucher is issued.

3. Vouchers may only be redeemed towards online Orders made through the Website. The code provided with the Voucher is to be entered at the end of checkout process. The final amount owing after a Voucher has been applied will be shown at the top of the credit card entry page and any remaining balance must be paid by credit or debit card.

4. Vouchers can only be purchased from a verified Send App registered account, and are redeemable once per verified Send App registered account. A registered and verified Send App account is an account with at least one completed order. To purchase a Send App Gift Voucher simply go to: www.sendapp.com.au. Offers are only applicable only for the period of time specified on each respective Voucher and/ or Discount.

5. Subject to the Australian Consumer Law, Vouchers purchased through Send App cannot be exchanged or refunded and are valid for such period specified at the time of issue of the Voucher. Send App reserves the right to cancel any voucher any time without notice. To the extent required by law, including the Australian Consumer Law, Send App will provide a remedy if it cancels a Voucher.

6. One Voucher cannot be used for more than one Order and the full amount must be used in one transaction (no change will be given). Alcohol restrictions apply. Send App reserves the right to charge the value of the Voucher to your allotted credit card if we determine that the Voucher was redeemed contrary to the terms of use.

7. The right to use a Voucher is personal to the intended recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

8. Unless otherwise provided or specified in the Specific Voucher Terms:
  • 8.1 Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;
  • 8.2 Each Voucher will be valid for use by a recipient only once;
  • 8.3 Each customer or household is limited to one Voucher per promotion or offer; and
  • 8.4 The right to use a Voucher is personal to the original recipient and may not be transferred.

9. When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.

10. Vouchers may not be exchanged for cash.

11. To the extent permitted by law, including the Australian Consumer Law, we shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher.

12. To the extent permitted by law, including the Australian Consumer Law, we reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.

13. All standard terms and conditions from time to time for use of the Website and the Service apply.



SEND APP COMPETITIONS TERMS & CONDITIONS

1. The following general terms and conditions (Competition Terms) will apply to all competitions run by Send App

2. Individual competitions will also be subject to, and the Competition Terms will be supplemented and/or modified by, additional terms and conditions (Specific Competition Terms) that will be specified in connection with each competition.

3. Competitions are open to individual residents of Australia aged 18 or over, except employees of Send App, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.

4. Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these Competition Terms and any applicable Specific Competition Terms.

5. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.

6. Completing and submitting a competition entry form will be deemed acceptance of the Competition Terms and any applicable Specific Competition Terms.

7. The Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

8. Any personal data that is collected as part of any Send App competition will be handled in accordance with our Privacy Policy, which is available on our Website

9. To the extent permitted by law, including the Australian Consumer Law, we reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the Competition Terms or the Specific Competition Terms for any competition at any time.

10. All standard terms and conditions from time to time for use of the Website and Service apply.



PROMOTIONS

$30 VOUCHER PROMOTION

This voucher entitles you to $10 off your first shop, $10 off your second shop and $10 off your third shop, for a total promotional value of $30. Minimum spend of $11 per transaction. Only valid for new customers. Not to be used in conjunction with any other promotion. Offer valid until the 30/10/21. This voucher can only be used once per customer.

$10 REFER A FRIEND PROMOTION

The $10.00 refer a friend promotion ends on the 31 October 2021.

You can earn a $10.00 AUD promo code voucher for each qualifying referral that you make.

There is no limit to the number of friends you may refer to us, but we may decline to accept referrals from you at our sole discretion.

One unique referral per person

A "qualified referral” is a new member of SEND who:
(i) signs up using a unique referral promo code on the SEND App
(ii) makes an accumulated minimum purchase of $11 AUD including GST on the SEND App
(iii) Referrals' first purchase must be a legitimate order non-stackable with any other promo codes.

As part of the Promotion the Referral who makes at least one single qualifying transaction of at least $ 11.00 AUD including GST through the SEND App within 30 days after signing up as a member of SEND will also be entitled to receive a ($10.00 AUD) promo code voucher that can be used on the SEND App.

The $10.00 promo code voucher is not redeemable for money

The $10.00 promo code voucher is valid for 1 month from date of issue

You agree that “Spamming” other individuals to join the Service via unsolicited email, direct mail, newsgroups, message boards, or any other means is strictly prohibited for the referral program.