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Terms of Use and Privacy Policy

Introduction

Thank you for choosing Pocket platform, operated by Chef G Pty Ltd (ACN 92 162 190 070) (referred to as "Pocket", "Chef G Pty Ltd", "we", "us", or "our"). Our platform is accessible via our website and provides information about our products and services. Through our platform, you can register for an account and order products for delivery.

These Terms and Conditions ("Terms"), together with our applicable policies, govern your use of our platform and our supply of goods and services. Please review these Terms carefully before using our platform. If you have any questions, our contact details are provided at the end of this document.

Legal Agreement

By using our platform or purchasing products from us, you enter into a legally binding agreement with Pocket. Your use of our platform indicates your acceptance of these Terms and any applicable policies. If you disagree with these Terms, please refrain from using our platform.

In case of inconsistency between these Terms and any separate policy on our platform, these Terms will prevail. These Terms take precedence over and replace any subsequent terms or conditions you may provide in connection with an Order.

Pocket reserves the right to modify the platform, these Terms, and our Products at any time. All times and dates referenced are AEST or AEDST as applicable, and all prices are in Australian Dollars inclusive of GST unless specified otherwise.

Platform Usage Rights

Our platform provides information about Pocket and our offerings, while also functioning as an interactive e-commerce platform where you can register, create an account, and purchase Products.

We grant you a non-exclusive, non-transferable, royalty-free license to use the platform according to its intended functionality and subject to these Terms.

Content Restrictions

When using our platform, you must not add content that:

﹒You don't have the necessary rights, licenses, or consents to share
﹒Would cause either party to breach any law, regulation, rule, code, or legal obligation
﹒Could reasonably be considered obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or privacy
﹒Would bring us or our platform into disrepute
﹒ Infringes on intellectual property or other rights of any person

Our platform may contain links to other websites or social media sites with user-generated content. We do not endorse, sponsor, or approve such content or any content on linked platforms.

You acknowledge that:

﹒We maintain complete editorial control over the website and may alter, amend, or cease operations at our discretion
﹒The platform may not operate continuously and may be unavailable at times, including for maintenance

Account Registration

Creating an account and registering your personal details allows you to place Orders through our platform. We handle your information according to our Privacy Policy and the privacy provisions in these Terms.

When registering, you must:

﹒ Not use false email addresses, impersonate others, or misrepresent affiliations
﹒ Not attempt unauthorized access to computer systems or content
﹒ Not share your login credentials with anyone

As an online food ordering service, our primary communication channels are email and mobile phone. Pocket is not responsible for missed communications due to incorrect contact details. If you use multiple email addresses, please check all accounts before contacting us.

Your Obligations

General Responsibilities

When using our platform and placing Orders, you must:

﹒Comply with our published policies and procedures
﹒Ensure ordered Products meet your dietary requirements and allergies
﹒Comply with all Applicable Laws
﹒ Confirm you are legally capable of entering into contracts
﹒ Provide true, accurate, current, and complete information

Prohibited Activities

You must not:

﹒Disrupt or negatively impact platform operations
﹒ Engage in practices that could harm our reputation
﹒ Use the platform in ways that violate laws, intellectual property rights, or are fraudulent, obscene, unprofessional, offensive, misleading, or defamatory
﹒Reverse engineer or decompile the platform
﹒Commercially exploit or make the platform available to third parties
﹒ Modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell any platform information without permission
﹒Engage in misleading, deceptive, or other conduct that contravenes Australian Consumer Law

If we believe you've violated these Terms or any other agreement with us, we may immediately cancel Orders and/or suspend your account access without prior notice and without liability.

Intellectual Property

Nothing in these Terms transfers any intellectual property rights. All intellectual property rights in the platform remain our property.

Images and text on the platform are protected by copyright and trademark laws. Unauthorized copying or redistribution is prohibited. Chef G Pty Ltd, its affiliates, and licensors reserve all intellectual property rights worldwide.

Liability

Our Liability to You

To the fullest extent permitted by law, we exclude all liability arising from our platform, Products, services, or these Terms, including liability for business interruption, viruses, data loss, or indirect, special, punitive, consequential, incidental, or similar damages.

We exclude all representations, warranties, or terms (express or implied) except those expressly stated in these Terms.

These Terms may be subject to legislation prohibiting exclusion of certain warranties or guarantees (such as Australian Consumer Law). Where such legislation applies, we limit our liability for claims to, at our option:

For Products:

﹒Replacement or supply of equivalent Products
﹒ Repair of Products
﹒Payment for replacement or equivalent Products
﹒Payment for repairs

For services:

﹒ Re-supply of services
﹒ Payment for re-supply of services

For any liability that cannot be excluded, we limit such liability to $10 or the minimum amount permissible by law (if greater).

Your Liability to Us

You are responsible for:

﹒Verifying information accuracy and ensuring necessary third-party consents
﹒Any breach of intellectual property rights
﹒Breaching these Terms or other agreements with us
﹒Violating applicable laws

You agree to indemnify Pocket (including directors, employees, contractors, assigns, and related bodies corporate) against all claims, liabilities, costs, expenses, and losses arising from the above matters. We reserve the right to assume defense and control of third-party claims subject to your indemnification.

Ordering

One-off Orders

Our service requires fresh ingredients and made-to-order preparation. Once Order Confirmation occurs, your Order enters processing in our kitchens, logistics facility, and with third-party suppliers.

To prevent food waste, subject to Australian Consumer Law, you cannot change or cancel one-off Orders after the Cut-Off Period begins. The Cut-Off Period starts upon Order Confirmation (when you select "Confirm Order" on our website).

No refunds or changes are permitted after the Cut-Off Period begins. You are responsible for your selections in accordance with Order Confirmation, Cut-Off Period, and No Refunds policies. Before confirming, ensure you understand:

﹒Order Confirmation is final
﹒The contents of your Order
﹒Delivery address and timing specifications

Delivery

We deliver to areas in VIC with flat-rate delivery fees based on your suburb. Information about delivery regions and fees is available on our Delivery Page.

We may engage third-party contractors for delivery at our discretion. If you're not home during delivery, we'll leave the Order at your front door or in your specified location. Our packaging includes ice packs that typically maintain freshness for 5-8 hours in shaded areas, though this varies with weather conditions.

Pocket is not liable for damage to Products left outside or if boxes are damaged/stolen after delivery. All risk transfers to you upon delivery.

You must provide correct delivery address details. If you enter an incorrect address, we are not obligated to re-deliver at our expense.

We provide estimated delivery dates and make reasonable efforts to meet them, but many aspects of delivery are beyond our control through third-party contractors. We are not liable for losses from late delivery.

For secured apartment complexes, please ensure you're home to receive deliveries. Customers must inform us if Orders don't arrive by contacting us. We will make inquiries and reasonable efforts to arrange delivery as soon as possible but are not liable for losses from late delivery.

Payment

Online transactions can be made via American Express, MasterCard, Visa, PayPal, and Zippay. We reserve the right to change accepted payment methods without notice. All transactions process through our payment service partner, Stripe.

For future purchases, especially subscriptions, tokenized payment information is securely stored. Pocket never stores actual card information, and all payments process through PCI-compliant gateways.

We require payment before processing and delivering Orders. Orders with insu fficient f unds or declined cards will not process. For direct transfers, delivery occurs only after transfer completion

If you cannot use these payment methods, please contact us to arrange alternatives.

Credit Card Security

All credit card payments process securely through PCI-compliant payment gateways (Stripe Payments) to protect your details. Zippay purchases process through Zippay. Pocket does not store credit card information on our servers.

We reserve the right to change payment gateways without notice. While we take reasonable steps to protect your information, we are not liable for unauthorized access.

Returns Policy

This policy includes rights under Australian Consumer Law. If you experience problems with received Products or receive incorrect items, please contact Customer Support immediately.

For incorrect, damaged, or faulty items, notify us as soon as possible after delivery. We may require evidence of the error, damage, or defect and sometimes request item return for assessment.

Pocket is not obligated to accept returns or provide compensation for:

﹒Change of mind
﹒Damage occurring after delivery, when items are left outside, or if boxes are damaged/stolen after delivery

Account credits and refunds for approved returns apply only to defective Products, not to other Products in your Order, return postage costs, or original shipping charges.

Account Credit

Pocket may offer account credit as compensation or referral rewards. Account credit differs from Gift Card credit and:

﹒Must only pay for Pocket Products and services linked to your account
﹒ Is never redeemable for cash
﹒Cannot be transferred, resold, or exchanged
﹒Affects membership level updates based on three-month purchase history

If closing an account with credit, you may use the credit for purchases before closure. Otherwise, unused credit is forfeited without compensation.

Discounts and Promotions

We periodically run promotional campaigns to introduce customers to our products and improve our business. Campaigns may offer account credit, promotional codes, or discounts.

These incentives are non-transferable and cannot be exchanged for cash. Pocket reserves the right to cancel promotions without notice, subject to applicable law.

Only one discount or promotion code is allowed per order and cannot combine with other discounts or promotions.

'Specials' prices apply only to orders placed and processed during the Promotional Period or until stock depletion. Orders outside the Promotional Period are ineligible for promotional pricing. Products, prices, and duration remain active only while displayed on our website, while stocks last. Order quantity limits apply.

For specific promotional campaign terms, visit our promotions page in our FAQs.

Duration and Validity

Offer Promotions are ongoing without specified end dates, subject to terms regarding deadlines for New Offer Orders. Pocket reserves the right to cancel or modify terms without notice at our discretion.

Customers receive email notification of significant changes or termination of Offer Promotions as deemed appropriate by Pocket.

Marketing and Communication

Offer Promotions communicate through various channels including email, SMS, social media, and targeted digital advertising at Pocket's discretion and in accordance with Terms, Privacy Policy, and relevant legislation.

Order Declination

We reserve the right not to provide Products or services, or to cancel Orders (partially or entirely) at our discretion. If exercised, we will refund or credit monies paid for undelivered Products or services.

Subject to Australian Consumer Law, we are not liable for losses arising from exercising these rights.

Privacy

Pocket complies with applicable Privacy Laws and uses Personal Information as permitted by this Agreement and Privacy Laws. You authorize Pocket and Affiliates to use your Personal Information to provide services and Products and meet our obligations.

By ordering or registering, you grant us the right to:

﹒Add your contact details to our database
﹒Use your Personal Information for Order, shipping, and promotional communications
﹒Share your Personal Information with necessary contractors
﹒Share your Personal Information with third-party subprocessors who assist our service and business improvement

We may contact you about offers, promotions, partnerships, and new products. You may unsubscribe via email links or by contacting Customer Support.

We may disclose Personal Information to third-party contractors performing services for us (such as delivery).

Pocket and this platform operate in Australia, providing services only within Australia. Some Personal Information may process outside Australia by third-party service providers under agreement with us. We comply with applicable data security standards and ensure third-party providers do likewise.

General Provisions

﹒You must not assign, sublicense, or otherwise transfer your rights under these Terms
﹒If any provision is invalid or unenforceable, it will be read down or severed without affecting remaining provisions
﹒Each party must do everything necessary to give full effect to this Agreement
﹒Nothing in these Terms creates employer-employee, principal-agent, or partnership relationships
﹒ These Terms are governed by Victorian law, and parties submit to Victorian courts' jurisdiction

Contact Us

For questions about these Terms, please contact us:

﹒Email: support@pocketstore.com.au
﹒Post: Pocket, Shop 4, 540 Little Collins St

Last updated: 12 May 2025

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