Terms & Conditions

What is this section about?

To put it simply, by visiting and using our website, placing an order or using our products, you are entering into an agreement (“agreement”) with us (us meaning energizing nutrition or “Energizing”). The agreement incorporates these terms and conditions and our privacy policy and these are set out on our website.

We urge you to read and familiarise yourself with our very informative FAQ’s page.

We may from time to time need to change or update our terms and conditions and once we have posted such changes or updates on our website then they become effective immediately without any further notice to you. Each time you use our website or place an order then you agree to be bound by the relevant terms and conditions in place at that time and you are directed to keep abreast of any changes by checking this page.

Should you not agree to these terms and conditions then we urge you to cease using this website and/or any associated applications and opt out of all communications from us.

Who we are, our product, our service

Energizing nutrition is a healthy meal and snack delivery service that pride ourselves on making high quality nutritious meals and snacks that are all handmade in small batches using only the best Whole Foods, superfoods and protein we can find.

Energizing nutrition takes no responsibility for any allergic reaction by a customer as a result of consuming energizing nutrition products. While energizing nutrition takes care to keep allergy prone ingredients out of certain products, all products are prepared in a facility and allergy prone ingredients may still be present. It is the consumer’s responsibility to refer to the ingredient and nutritional information of each product before purchase/consumption. Allergens may include peanuts, tree nuts, dairy, soy, sesame and eggs. We pride ourselves on giving exceptional customer service and experience.

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What we will do for you

We will provide you with nutritionally balanced snacks and meals, give you nutritional information and recipes.

From time to time, Energizing Nutrition will run competitions, promotions, discounts and gift certificates. Any information and conditions relating to these will be given at time of issue.

What you’re responsible for

  1. Refrigerating your snacks/meals within 5 hours of delivery
  2. We will not be held responsible for any damage resulting from improper storage of our products.
  3. You are responsible for ensuring you follow all guidelines in relation to food storage, preparation, best before and use by dates and to ensure you follow and comply with these as outlined in our FAQs.

Payment and orders

Payment for online orders is made at the time of checkout. We use a secure payment gateway (Stripe) and accept VISA, MasterCard and Amex debit/credit cards.

We also accept payments by VISA, MasterCard and Amex debit/credit cards over the phone.

Orders will not be processed until payment is confirmed. It is your responsibility to ensure you have sufficient funds prior to placing an order as we will not be liable for any fees or charges for overdrawn accounts.

Once you have placed your order, an automatically generated email will be sent to you containing all the relevant order information. No changes can be made to delivery days after you receive this email.

We urge you to read carefully and understand the contents and ingredients of all our products prior to ordering and ask us any questions or raise any concerns with us by phone or email first prior to placing and/or finalising your order. We are certainly happy to assist or guide

you with ordering and are here to help. The reason for this is that we take no responsibility for any dietary requirements you may have or any issues regarding allergens.

 

Cancellations, order changes and refunds

Once an order is placed and paid for you cannot cancel the order, given the nature of our products and your selection of them.

We will not accept any returns simply because the product is not to your liking or taste.

If you are not satisfied with any of your products delivered for any reason, please contact us at tania@energizingnutrition.com.au. You must report your issues within 5 days of your snacks/meals being delivered. We may or may not provide you with a refund or replacement, depending on the circumstances.

Energizing nutrition may require the return or photo documentation of the snack/meals that you are not satisfied with before we make our decision.

Changes to the following week’s orders must be made via email to orders@energizingnutrition.com.au by Friday 5pm for delivery the next Thursday.

If changes are made past this time, no order or cancellations can be made and your order will still be delivered. You can cancel at any time before the cut off time. Requests made after this time will not take place until the following week.

For ‘once off’ orders, you cannot cancel or change your delivery once your order has been paid for and processed.

 

Health claims

Energizing nutrition give no warranty that this website, any additional information and nutritional information contained or linked therein (weather from third party or otherwise) is free from error, suitable for your purposes, or will deliver any particular result including, but not limited to any weight management or expectations you may have. You also acknowledge that this is not a weight loss or weight gain program. Energizing nutrition snacks and meals are not medically supervised programs. If you have any medical conditions, we recommend in some cases require you to seek physician approval prior to ordering. Please note that nutritional information on our site reflects recent updates evolving around seasonal produce. The nutritional information is at the time of testing and preparing snacks and meals and is outlined on our website.

 

Delivery

Delivery is only available to residential and business addresses within our current delivery areas as found in our delivery area search on our website.

Order cut off and delivery days are stated in our FAQ section. You cannot alter your delivery address, time or day once your order has been processed. If there is an urgency to do so, please contact us and we will do our absolute best to help you in regards to the situation. You must notify us within 24 hours if you have received an incorrect or missing item.

We will deliver to your door to the current address given by you. If the delivery address is past a secure access point, the order will be left at the main entrance to the building. If you specify a location for delivery that is not the front door, or past a secure access point, you agree to accept all liability and indemnify us for all damages, loss penalties, fines, expenses and costs (including legal costs) which arise out of the delivery order beyond the front door. For the purpose of this section, front door means front door or the point beyond entry to the interior building begins. This includes a commercial property, multi-dwelling property or similar. Front door means the entrance to that commercial property or multi-dwelling property and not the entrance to an individual suite, apartment, flat or otherwise.

You must live in our designated area to order.

All deliveries require authority from you to leave at your nominated address and you give us authority to do so once payment is made and received. If you will not be home, please leave specific delivery instructions on the checkout page for our drivers to follow.

Once delivery has been made ‘Energizing Nutrition’ does not take responsibility for the condition of the meals. Once delivered, it is the responsibility of the customer to collect, unpack and store the meals in compliance with the instructions provided on the meal/snack packaging or on our website.

Our meals and snacks contain no preservatives, therefore need to be stored appropriately by refrigerator below 5 degrees or freezer below 18 degrees.

We use a premium refrigerated vehicle to commute all our meals and snacks from our commercial kitchen to your nominated delivery address.

A delivery fee is added at time of checkout for our premium delivery service.

Free pickup is from our kitchen and can be collected on delivery days at specified times. Please not that all uncollected meals will be disposed of after cut-off pick up times and will be disposed of. It is your responsibility to pick up if stated on our websites order form. If you cannot make it to our kitchen between pick up and cut-off times and wish for your delivery to be delivered, an additional fee will be charged and processed through your nominated credit or debit card.

Please refer to our website if we deliver to you address area. An additional service fee may apply if you live outside our delivery areas.

All dollar amounts are in AUD.  The minimum amount of each order is $60.

We will use all reasonable care in providing and delivering this service to you. If you cannot be at home or at your nominated delivery address, we recommend you nominate a safe, cool location for your delivery attire of ordering. We do not recommend the products be left out for lengthy periods of time.

If there has been a confirmed error made by us, we will refund payment accordingly.

 

MARKETING & CONTACT

By signing up to EN you may receive email and text messages from time to time. Both of these services can be stopped by opting out or unsubscribing.

EN reserves the right to contact uses via the details they provide through the website.

EN may contact or send text messages to customers on delivery/pick-up day with specific instructions and contact details.

You may also be required to provide contact information (such as name, phone number, email and delivery address) and financial information (such as credit/debit card number, expiration and ccv numbers).

We use this information for billing purposes and order clarification.

If we have trouble processing an order, we will use this information to contact you.

 

Indemnities and releases

You (and/or your executors, heirs, your estate) agree to unconditionally and irrevocably indemnify and hold harmless Energizing and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners against any and all claims, damages, liabilities or losses to persons and property (whether you or third parties) and all costs and expenses which are incurred by or claimed from Energizing by you or any third party arising out of:

  • Your use of our products;
  • Our supply to you of our products;
  • Your failure to satisfy yourself with all the ingredients and warnings we provide you with to ensure our products are suitable for you;
  • Your failure to adhere to or strictly follow the information contained in our

 

FAQ’s regarding our products;

  • Any errors, omissions or oversights associated with your particular selection of our products;
  • Any occurrence or omission outside Energizing’s control such as:
  1. our products not being available;
  2. failure of our suppliers or service providers;
  • natural disasters;
  1. quarantine restrictions
  2. traffic delays;
  3. Labour disputes or labour shortages.
  • Any breach of these terms and conditions;

 

WEBSITE USE AND CONDITIONS Acceptance of terms of use and amendments

  1. Each time you use or cause access to this web site, you agree to be bound by these terms and conditions, as amended from time to time with or without notice to you.
  2. You must be at least 18 years or older to use this website and your use warrants that you are 18 and over.
  3. If you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use.

 

Licence to use

  1. We give you a licence to view and print from the website for your own personal use, but you cannot:
  • Sell or sub-licence this material;
  • Reproduce it in any way for commercial profit or otherwise;
  • Deal with it in any way other than outlined in this clause;

 

Your responsibilities and registration obligations

  1. In order to use this web site or certain parts of it, you may be required to register for a user account on this web site. In this case, you agree to provide truthful information when requested, and a minimum age of 18 years is required for eligibility for a user account you undertake that you are at least the required age.
  2. By registering for a user account you explicitly agree to this site’s Terms and conditions, including any amendments made by Energizing from time to time that are published herein.

 

Acceptable use

  1. By using this web site or any service provided, you explicitly agree that:
  • you will not provide any content or conduct yourself in any way that may be construed as:
  1. unlawful; illegal; threatening; harmful; abusive; harassing; stalking;
  2. tortious; defamatory; libellous; vulgar; obscene; offensive;
  • objectionable; pornographic;
  1. designed to interfere with or disrupt the operation of this web site or any service provided;
  2. infected with a virus or other destructive or deleterious programming routine;
  3. giving rise to civil or criminal liability; or
  • in violation of an applicable local, national or international laws;
  • you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
  • you will not collect or harvest any information about other users;
  • you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
  • you will not use this web site or any of its features to promote, publicise, link to or operate any service whatsoever, without Energizing’s prior written

consent;

(m) You will not provide any content that may give rise to Energising being held civilly or criminally liable, or that may be considered a violation of any local, national or international laws, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.

Non-compliance with the above listed conditions will result in immediate termination of your account with this website.

 

Third-party services

  1. Goods and services of third parties may be marketed, advertised and/or may be made available on or through this web site by Energizing.
  2. Energizing does not act as agent for the third parties who advertise or market on Energizing website.
  3. Energizing will not be liable to you for any damage or loss:
  • Associated with your dealings or interaction with third parties;
  • Representations made regarding products and services provided by third parties;

 

Indemnity

  1. You agree to unconditionally and irrevocably indemnify and hold harmless Energizing and the Energizing’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, against any and all damages and losses to persons and property and all costs and expenses which are incurred by or claimed from Energizing by you or any third party arising out of:
  2. Your use of the Energizing website;
  3. Your conduct in connection with Energizing website and/or its products or services;
  4. Any claim that you have breached any of these terms and conditions;
  5. Any breach of these terms and conditions;
  6. Any losses and/or damage you may suffer arising from your use of this website;
  7. Any losses and/or damage you may suffer arising from your interaction and/or dealings with third parties who advertise and/or market on this website.

 

No warranties or representations

  1. This web site and the services provided to you on and via this web site are provided on an “AS IS” basis.
  2. Nothing on this website should be taken to be advice of any kind and you should seek your own advice before deciding to use this information in any way.
  3. You agree that Energizing reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Energizing will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
  4. All use of this website is at your own risk.

 

Energizing makes no warranties either express or implied:

  1. That this website will be constantly available or that the information on this website is true or accurate.
  2. Regarding merchantability, fitness for a particular purpose and non-infringement of information contained in this website.
  3. The Australian consumer law may provide certain warranties such as fitness for purpose, merchantability. We exclude all warranties to the extent permitted by the Australian consumer law.
  4. That any part of the service will be uninterrupted, error-free, secure, timely, reliable or of any quality.
  5. That the content is safe for download.
  6. That members will be employed as house sitters or that home owners will secure the services of a house sitter
  7. Regarding the benefits or effectiveness of any information obtained from this Website;
  8. That you will find that the information obtained through this Website will be satisfactory, complete, be of benefit, will be suitable for your own personal circumstances, or that you will find compatible house sitting opportunities.
  9. In relation to the risks in dealing with information and/or third parties, including but not limited to the risk of physical harm, of dealing with strangers, animals, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with third parties with whom you come in contact through the Website and/or from information obtained through this Website.

 

Limitation of Liability

  1. Energizing its subsidiaries, affiliates, officers, directors, employees, agents, and partners, will not be liable to you in contract, tort or otherwise arising out of the use of or in connection with or your ability or inability to use this website for:
  • Any direct, indirect, special, incidental, consequential, punitive or exemplary damages including but not limited to damages for loss of profits, goodwill, data or other losses (even if Energizing has been advised of the possibility of such losses and/or damages);
  • Any loss or damage resulting from:
  1. Any transaction entered into through our service and/or our website
  2. Any unauthorised access to or alteration of your data transmissions;
  • Representations and/or conduct of any third party using our website or service;
  1. Dealing with information from this website and/or third parties whose details may be obtained via this website, including but not limited to the risk of physical harm, of dealing with strangers, animals, foreign nationals, underage persons or people acting under false pretences.
  2. Disputes between you and other users regardless of the nature of the dispute, the reason for the dispute, allegations of fault surrounding the dispute or any other circumstances surrounding such dispute.

 

Intellectual property rights

  1. This website is the property of Energizing and is protected by copyright and trademark laws.
  2. Energizing or any other trading name, trademark, the website name and other intellectual property of Energizing remain the property of Energizing to your exclusion and any unauthorised use is not permitted.
  3. Any other intellectual property rights of third parties displayed on this website remain the property of those owners to your exclusion and any unauthorised use is not permitted.
  4. Energizing reserves all of their rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Energizing may have in respect of this web site, its content, and goods and services that may be provided.
  5. The use of Energizing’s rights and property requires Energizing’s prior written consent.
  6. By making services and products available to you, Energizing is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Energizing’s prior written consent.

 

Severability

  1. If anything in these terms and conditions is unenforceable, illegal or void, it is severed and the rest of the terms and conditions remain in force.
  2. If you breach any of our terms and conditions and we don’t take any action immediately does not mean we waive or give up our rights.

 

Entire agreement

  1. These terms and conditions constitute is the entire agreement and understanding between you and Energizing and supersedes any prior understanding, arrangement, representation or agreements.

 

Law and Jurisdiction

  1. These terms and conditions are government by the legislation of Victoria Australia and any dispute will be subject to the determination and jurisdiction of the Victorian Courts.

 

Definitions  
Energizing means Tania Sickerdick trading as energizing nutrition
You means you as the customer and consumer of our
  products and services
We means Tania Sickerdick trading as Energizing Nutrition