Welcome to OAKBERRY! We provide a mobile app (App) which is your one-stop shop to all things OAKBERRY. On our App you’ll be able to place orders at your local OAKBERRY, join our loyalty program, view and use monthly offers, store your gift cards, and so much more. In these Terms, when we say you or your, we mean you, the person accepting these Terms. When we say we, us, or our, we mean RFP Master Pty Ltd (ACN 630 040 881). These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our App unless you agree to these Terms. Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms. For questions about these Terms, or to get in touch with us, please email: [email protected] These Terms were last updated on 30 August 2023.

OUR DISCLOSURES

Please read these Terms carefully before you accept them. We draw your attention to the fact that:

• we will handle your personal information in accordance with our privacy policy, available at www.oakberry.com.au ;
• subject to your Consumer Law Rights:
  • our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$200;
  • we will not be liable for delays or failures in performance caused or contributed to by an event or circumstance beyond our reasonable control;
• we may amend these Terms at any time, by providing written notice to you, and by clicking “I accept” or continuing to use our App after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by notifying us; and
• we may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our App, or for featuring certain goods or services on our App.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term
   1. These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our App for this period of time only (which may be suspended or revoked in accordance with these Terms).
   2. You must be at least 16 years old to use our App.
   3. Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our App after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our App on and from the date of cancellation.
2. Account
   1. You must sign up for an Account in order to access and use our App.
   2. You may register for an Account using your Apple or Google account (Single Sign-On Account). If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name and contact information.
   3. While you have an Account with us, you agree to keep usernames and passwords secure and confidential, and let us know if you become aware of any unauthorised access to your Account.
   4. We may suspend your access to our App where we reasonably believe there has been any unauthorised access to or use of our App. If we suspend your access to our App, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our App will end.
3. Payments
   1. It is free to register an Account on the App. Online ordering for in-store collection
   2. You may place an order for products at specific OAKBERRY stores via the App. You must make payment for products by credit or debit card, or other payment method made available by us in the App (including Gift Cards).
   3. The availability of products is subject to each store’s opening hours and quantities of ingredients.
   4. It is your responsibility to check the order details, including selected products, store location, collection time and pricing, before you submit your order through the App.
   5. We may ask you to provide photo ID to confirm you are the Account holder before you can collect your order.
   6. Once orders have been placed, they cannot be cancelled by you.
   7. We may notify you in the App that an order has been cancelled at any time, and if this happens, we will reimburse you for any payment already made using the same method you used to pay for your order.
   8. Due to the perishable nature of our products, if you do not pick up your products within a reasonable time after they are ready for pickup, your products may be disposed of at our discretion and (subject to your rights under the Australian Consumer Law) no refunds will be provided.Gift cards
   9. You may purchase virtual gift cards on the App (Gift Card).
   10. Our Gift Cards expire 3 years from the date of purchase. It is your responsibility to keep track of the expiration date. We will not send you any reminders of when your Gift Card will expire. Any unused credit will expire on the expiration date, and cannot be redeemed after this date.
   11. You can redeem your Gift Card on the App at checkout.
   12. If the amount of your Gift Card does not cover the total price for the items you wish to purchase, you will need to pay the remainder of the purchase with another payment method, or with another gift card.
   13. Your Gift Card can be used in conjunction with a discount code.
   14. Gift Cards are not redeemable for cash and cannot be returned for a cash refund or exchanged. This clause does not seek to limit any rights you may have under Australian Consumer Law. Gift Cards cannot be used to purchase Gift Cards.
   15. Any unused balance will remain as credit on the Gift Card and is not transferable for a cash payment. Additional values cannot be added to existing Gift Cards.
   16. If a purchase made using a Gift Card is cancelled or returned, the portion of the purchase attributable to the Gift Card will be refunded as credit to use on our App only.
   17. Your use of the Gift Card may be declined where there is fraud, deception or reasonable suspicion of illegal activities in connection with your use.
       Special offers
   18. We sometimes make special offers available through our App. Special offers may not be combined with any other promotions, discounts or coupons unless explicitly stated. Additional details about any special offers are available on the App.
   19. There may be products on our App that are excluded from the applicability of any special offer.
   20. We may offer a reward point program. We set out on the App the number of reward points you must accumulate before being entitled to free or discounted products. You must indicate that you wish to claim your free or discounted product at the time of submitting your order through the App.
   21. Any refunds offered for products purchased using a special offer will be for the value actually paid for the products after the special offer was applied.
   22. Subject to your rights under the Australian Consumer Law and these Terms, we are not responsible if a special offer is or becomes unavailable.
   23. We can substitute ingredients and inclusions of any special offers as a result of seasonal variation, supplier changes or other factors.
       General
   24. You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our App by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
4. Platform Licence
   1. While you have an Account, we grant you a right to use our App.
   2. You must not:
      
      • interfere with our App, or with any other person’s access to our App;
      • introduce any viruses or other malicious software code into our App;
      • use any unauthorised or modified version of our App, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our App; or
      • access or use our App to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
5. Availability, Disruption and Downtime
   1. While we strive to always make our App available to you, we do not make any promises that it will be available 100% of the time. Our App may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
   2. Our App may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
   3. We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our App.
6. Intellectual Property and Data
   1. We own all intellectual property rights in our App. This includes how our App looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our App.
   2. We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new products, features or promotions), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
      Your Data
   3. We do not own any of Your Data, but when you enter or upload any of Your Data into our App, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
      • supply our App to you;
      • improve, develop and protect our App; and
      • send you information we think may be of interest to you based on your marketing preferences.
   4. You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur of various networks, and may be transferred unencrypted.
   5. When you use our App, we may create anonymised statistical data from Your Data and usage of our App (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our App, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
   6. If you do not provide Your Data to us, it may impact your ability to use our App.
7. Confidential Information and Personal Information
   1. While using our App, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
   2. However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
   3. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available at www.oakberry.com.au , and applicable privacy laws.
   4. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
   5. We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
8. Consumer Law Rights
   1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our App (or, where you have purchased products, resupplying the products), or paying the cost of having our App resupplied.
   2. Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
   3. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
9. Liability
   1. Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
      • a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions of the other party, including any failure by the other party to mitigate its loss; and
      • our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$200.
10. Notice Regarding Apple
    1. To the extent that you are using or accessing our App on an iOS device through a mobile application from the Apple App Store, 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 our App and any content available on our App.
    2. Apple has no obligation to furnish you with any maintenance and support services with respect to our App.
    3. 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.
    4. 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.
    5. 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.
    6. You agree to comply with any applicable third-party terms when using our mobile application.
    7. Apple and Apple 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.
    8. 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.
11. Termination
    1. Either Party may terminate these Terms (meaning, in the case of you, you will lose access to our App, including access to your Account) if:
       • the other Party (Defaulting Party) breaches these Terms and does not remedy that breach within 14 days of the other Party notifying the Defaulting Party of that breach; or
       • the Defaulting Party breaches these Terms and that breach cannot be remedied.
    2. You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.5), and termination will take effect immediately.
    3. Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
    4. Termination of these Terms will not affect any other rights or liabilities that we or you may have.
12. General
    1. Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (Dispute) unless we and you first meet (in good faith) to resolve the Dispute.
    2. Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our App), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
    3. Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales.
    4. Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
    5. Notices: Any notice you send to us must be sent to [email protected] . Any notice we send to you will be sent to the email address registered against your Account.
    6. Survival: Clauses 6 to 11 will survive the termination or expiry of these Terms.
    7. Third Party Sites: Our App may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our App, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our App, or for featuring certain goods or services on our App. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our App.
13. Definitions
    1. In these Terms:
       Account means an account accessible to the individual who signed up to our App.
       Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
       Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
       Your Data means the information, materials, images and other intellectual property or data supplied by you when using our App or stored by or generated by your use of our App, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our App.