DAILY FOOD DEALS PTY LIMITED

Website Terms and Conditions of Sale

Operator: Daily Food Deals Pty Limited (ABN 21 688 667 601) (“Daily Food Deals”, “we”, “us”, “our”)

Website: www.DailyFoodDeals.co (the “Website”)

Contact: Contact@DailyFoodDeals.co

Last updated: 25 April 2026

 

IMPORTANT NOTICE

These Terms form a binding contract between you and us. By accessing the Website, creating an account, placing an order, or clicking “I Accept”, you agree to be bound by these Terms, our Privacy Policy, and any Acceptable Use Policy displayed on the Website. If you do not agree, do not use the Website.

Some clauses limit our liability and contain mandatory notices required under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the ACL or any other law that cannot lawfully be excluded. To the extent any clause is inconsistent with such a right, it is read down to the minimum extent necessary to give effect to that right.

1.  DEFINITIONS AND INTERPRETATION

1.1  In these Terms:

“ACL” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Account” means the customer account established by you on the Website.

“Confirmation” has the meaning given in clause 4.4.

“Force Majeure Event” has the meaning given in clause 17.

“GST” has the meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Order” means a request by you to purchase Products via the Website.

“Personal Information” has the meaning given in the Privacy Act 1988 (Cth).

“Privacy Policy” means our privacy policy as published on the Website from time to time.

“Products” means the goods listed for sale on the Website from time to time, including food, beverage, grocery, and ancillary items.

“Terms” means these Website Terms and Conditions of Sale, as amended from time to time.

“You” / “your” means the person who accesses the Website or places an Order.

1.2  Headings are for convenience only and do not affect interpretation. References to legislation include any amending or successor legislation. “Including” and similar expressions are non-exhaustive. Singular includes plural and vice versa.

2.  ABOUT THE WEBSITE

2.1  The Website is operated by Daily Food Deals Pty Limited and provides an online retail service for the sale of Products.

2.2  The Website is intended for users aged 18 years or over located in Australia. If you are under 18, you may use the Website only with the supervision and consent of a parent or guardian. We may refuse or cancel any Order placed by a person under 18 who has not obtained that supervision and consent.

2.3  Where Products subject to age restriction (including, if offered, alcohol or tobacco) are sold, additional age verification, identification, and licensing requirements apply at point of delivery, and we may refuse delivery if those requirements are not met. No refund is payable for Orders refused on these grounds beyond the price of the affected Products.

2.4  We may modify, suspend, or discontinue any aspect of the Website (including Products, prices, and features) at any time without liability.

3.  ACCEPTANCE AND VARIATION

3.1  By using the Website, registering an Account, or placing an Order, you accept these Terms, our Privacy Policy, and any Acceptable Use Policy published on the Website.

3.2  We may vary these Terms at any time. We will publish the updated Terms on the Website and, where the change is material, will use reasonable efforts to provide additional notice (such as a banner on the Website or email to registered Account holders) before the change takes effect. The updated Terms apply to Orders placed after their effective date.

3.3  Continued use of the Website after the effective date of an update constitutes acceptance of the updated Terms. If you do not accept any change, you must cease using the Website.

4.  ORDERS AND CONTRACT FORMATION

4.1  Orders must be placed through the electronic order form on the Website. Orders submitted by any other means are not accepted.

4.2  Display of Products on the Website is an invitation to treat, not an offer to sell. Your Order is an offer to purchase, which we may accept or reject in our absolute discretion.

4.3  Without limiting clause 4.2, we may refuse, cancel, or limit any Order, including where: (a) a Product is unavailable; (b) we suspect fraud, misrepresentation, misuse, or breach of these Terms; (c) the Order exceeds quantity limits or appears intended for resale; (d) a pricing, descriptive, or stock error has occurred; (e) we are unable to deliver to your address; or (f) we reasonably suspect the buyer is under 18 or otherwise ineligible.

4.4  A binding contract for the sale of Products is formed only when we issue a written acceptance email (“Confirmation”) or dispatch the Products, whichever occurs first. Any automated order acknowledgement is not a Confirmation.

4.5  You must order any minimum quantity (or multiples) shown on the Website at the time of Order.

4.6  Where supply of the exact quantity ordered is not possible, we may supply a quantity as near as practicable. You may reject the substituted quantity within 24 hours of delivery for a refund of the difference. After 24 hours, the substituted quantity is deemed accepted.

5.  PRICES, PAYMENT AND GST

5.1  Prices are in Australian Dollars and, unless stated otherwise, are inclusive of GST but exclusive of delivery charges, payment surcharges, and any third-party fees.

5.2  Prices apply only to Orders placed via the Website at the time of Order. Prices, Product availability, descriptions, images, and promotional offers may change without notice.

5.3  Payment is due in full at the time of Order by an accepted payment method displayed on the Website. We may apply a payment surcharge (disclosed at checkout) to recover the reasonable cost of accepting a particular payment method, in compliance with applicable surcharging laws.

5.4  You warrant that any payment method used is yours (or you are authorised to use it) and that there are sufficient funds. We may validate payment details and decline payment in our discretion. You authorise us and our payment processor to charge the amount of the Order (and any redelivery, restocking, or chargeback recovery fees) to your nominated payment method.

5.5  Pricing and descriptive errors: Despite reasonable care, the Website may contain errors in price, description, image, or stock availability. Where a manifest error has occurred, we may, at our option, cancel the affected Order and refund any amount paid, or contact you to confirm whether you wish to proceed at the corrected price.

5.6  Promotions: Special prices, discounts, vouchers, and other promotional offers are subject to additional terms displayed on the Website and apply only while stocks last or for the stated period. We reserve the right to limit purchase quantities and to exclude resellers.

5.7  Chargebacks: You agree not to initiate a chargeback in respect of an amount validly charged. If a chargeback is initiated without legitimate grounds, you must reimburse us for the chargeback amount, any associated processor fees, and our reasonable costs of recovery.

6.  ACCOUNT, ACCESS AND ACCEPTABLE USE

6.1  To place Orders, you must register an Account. You must provide accurate, current, and complete information, keep that information up to date, and not impersonate any person.

6.2  You are responsible for maintaining the confidentiality of your Account credentials and for all activity carried out using your Account, whether authorised or not. Notify us immediately at Contact@DailyFoodDeals.co of any suspected unauthorised use.

6.3  You must not, and must not permit any other person to:

• use the Website for any unlawful, fraudulent, harmful, or harassing purpose;
• interfere with, attack, hack, scrape, reverse engineer, decompile, or disrupt the Website, its servers, or its security features;
• introduce any virus, worm, trojan, or other malicious code;
• harvest, extract, or aggregate data from the Website by automated means (including bots, spiders, or scrapers);
• use, reproduce, or transmit Website content to train, evaluate, or fine-tune any artificial intelligence or machine-learning model, or to build any competing dataset, database, or service, in each case without our prior written consent;
• resell, redistribute, or commercially exploit Products or Website content without our prior written consent;
• infringe any third-party right, including intellectual property, privacy, or publicity rights; or
• misrepresent your identity, age, or eligibility to use the Website.

6.4  We may suspend, restrict, or terminate your Account, refuse current or future Orders, and remove user content, at any time, with or without cause, including for suspected breach of these Terms. Where Products have been paid for but not yet dispatched at the time of suspension or termination, we will refund the price paid for those Products.

7.  DELIVERY, TITLE AND RISK

7.1  We deliver to addresses within the delivery zones displayed on the Website at the time of Order. Delivery times, dates, and methods are estimates only and are not guaranteed.

7.2  You must provide a complete and accurate delivery address and ensure a person aged 18 or over is available to receive delivery where required.

7.3  Authority to Leave (ATL): By default and unless you specify otherwise at checkout, you authorise us and our carriers to leave Products at the delivery address without obtaining a signature. Where Products are left under ATL, risk of loss, damage, deterioration, or theft passes to you on delivery to the address.

7.4  Failed delivery: If delivery cannot be completed for reasons attributable to you (including incorrect address, no person available to accept, or refused delivery), you may incur additional storage, redelivery, or restocking charges. We are not responsible for spoilage of perishable Products in these circumstances and no refund is payable for those Products.

7.5  We are not liable for delivery delays or failures caused by carriers, weather events, address errors, public holidays, industrial action, or any cause beyond our reasonable control.

7.6  Title: Title in the Products passes to you only when we have received payment in full of all amounts owing in respect of the Order. Until then, we may, in our discretion, recover the Products.

7.7  Risk: Risk in the Products passes to you on delivery to the address (or to you if you collect), or, where Products are left under ATL, on delivery to the carrier where required by carrier terms.

8.  FOOD-SPECIFIC TERMS, ALLERGENS AND PERISHABLES

8.1  Many Products are perishable or temperature-sensitive. You must inspect Products immediately on delivery, refrigerate or store them in accordance with packaging directions, and consume them by the use-by or best-before date marked on the Product.

8.2  We use reasonable efforts to maintain cold-chain integrity to point of delivery. We are not responsible for spoilage, deterioration, or food-safety issues caused by your delay in collecting Products, refusal of delivery, ATL elections, incorrect storage, or any cause arising after delivery.

8.3  Allergens: Products may contain or come into contact with allergens (including peanuts, tree nuts, milk, eggs, soy, wheat, gluten, sesame, fish, crustacea, molluscs, lupin, and sulphites). You are responsible for reading the Product label and ingredient list before consumption. We are not liable for adverse reactions where the Product label or Website disclosed the relevant allergen or stated possible cross-contamination.

8.4  Substitutions: Where a Product becomes unavailable after Order, we may, with your consent (which may be obtained at the time of Order in respect of permitted substitutions), supply a comparable substitute of equal or greater value. Otherwise we will refund the unavailable Product.

8.5  Recalls: Where a Product is subject to a recall, we will use reasonable efforts to notify affected customers using the contact details on the Account. You must follow recall instructions promptly.

9.  INSPECTION, RETURNS AND REFUNDS

9.1  You must inspect Products on delivery and notify us in writing at Contact@DailyFoodDeals.co of any shortage, damage, defect, or non-conformity:

• for perishable or temperature-sensitive Products: within 24 hours of delivery, supported by photographs of the Product and packaging;
• for non-perishable Products: within 7 days of delivery.

9.2  If notice is not given within these periods, the Products are deemed accepted, except to the extent the ACL or other non-excludable law provides otherwise.

9.3  We do not provide refunds, replacements, or exchanges for change of mind, incorrect ordering by you, or where the Product has been opened, used, consumed, or stored otherwise than in accordance with directions, except as required by the ACL.

9.4  Where a return is approved, we will provide return instructions. Pending return, you must keep the Products in good condition and follow any storage directions we give. Approved refunds will be paid by the original payment method within 30 days of approval.

10.  CONSUMER GUARANTEES (AUSTRALIAN CONSUMER LAW)

Mandatory ACL notice. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the service or Products, you are entitled to cancel and receive a refund for the unused portion or compensation for any reduction in value, and to a refund or replacement for goods. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the Products repaired or replaced.

10.1  The benefits given to you by these Terms are in addition to other rights and remedies you may have under the ACL and any other applicable law.

11.  INTELLECTUAL PROPERTY

11.1  All content on the Website (including text, graphics, logos, photographs, video, audio, software, layouts, product descriptions, and trade marks) is owned by or licensed to us and is protected by Australian and international intellectual property laws.

11.2  You may view and print content for personal, non-commercial use only. You must not reproduce, modify, distribute, transmit, publicly display, frame, scrape, mine, or create derivative works of any Website content without our prior written consent.

11.3  “Daily Food Deals” and associated logos and get-up are our trade marks. No licence to use any trade mark is granted by these Terms.

11.4  User content: If you submit reviews, ratings, photos, or other content to the Website (“User Content”), you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, modify, adapt, publish, translate, and display that User Content in any media for any purpose connected with our business (including marketing). You warrant that you own or are licensed to grant these rights and that the User Content does not infringe any third-party right or any law.

12.  PRIVACY AND ELECTRONIC COMMUNICATIONS

12.1  We collect, use, and disclose Personal Information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy.

12.2  By providing your contact details, you consent to receive transactional and marketing communications from us by email, SMS, push notification, and post in accordance with the Spam Act 2003 (Cth). You may unsubscribe from marketing communications at any time using the unsubscribe link in the message or by contacting Contact@DailyFoodDeals.co. You will continue to receive transactional and account-related communications.

12.3  Notices and other communications under these Terms may be given by electronic means.

13.  THIRD-PARTY LINKS AND CONTENT

13.1  The Website may contain links to, or content from, third-party websites and services. We do not endorse and are not responsible for any third-party content, products, services, or practices, and any dealings with third parties are solely between you and the third party.

14.  WEBSITE AVAILABILITY AND SECURITY

14.1  We use reasonable efforts to keep the Website available, but do not guarantee that it will be available, uninterrupted, error-free, or secure. We are not liable for unavailability, data loss, or transmission errors.

14.2  You are responsible for your devices, internet connectivity, and antivirus protection. We do not warrant that material accessible from the Website is free of viruses or other harmful code.

15.  LIABILITY AND DISCLAIMERS

This clause limits our liability. Read it carefully. Nothing in this clause excludes liability that cannot lawfully be excluded, including under the Australian Consumer Law, and your rights under clause 10 are preserved.

15.1  Subject to clause 10 and to any non-excludable law:

• we exclude all express and implied terms, conditions, warranties, representations, or endorsements not contained in these Terms;
• we are not liable for any indirect, consequential, special, incidental, or punitive loss or damage, including loss of profit, revenue, business, opportunity, goodwill, data, anticipated savings, or for personal injury, death (other than caused by our negligence), or harm to pets, however arising; and
• the Website and all content are provided on an “as is” and “as available” basis without warranty of any kind.

15.2  Cap on liability: Where our liability cannot be wholly excluded, our total aggregate liability arising from or in connection with these Terms, the Website, any Order, or any Product — whether in contract, tort (including negligence), under statute, in equity, or otherwise — is limited, at our option, to:

• for Products: replacement of the Products, supply of equivalent Products, repair of the Products, payment of the cost of replacement or repair, or refund of the price paid for the relevant Products; and
• for any other matter: AUD $100 or the total amount paid by you to us in the 12 months preceding the event giving rise to the claim, whichever is greater.

15.3  Where the Products are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability for any breach of a non-excludable consumer guarantee is limited as set out in clause 15.2(a), to the maximum extent permitted by section 64A of the ACL.

15.4  Time bar: Any claim against us must be commenced within 12 months of the event giving rise to the claim, except to the extent a longer period is mandated by law.

15.5  You acknowledge that the limitations and exclusions in this clause are reasonable having regard to the nature of the Products, the prices charged, and the availability of insurance.

16.  INDEMNITY

16.1  You indemnify us, our related bodies corporate, and our and their officers, employees, contractors, and agents from and against all liabilities, losses, damages, costs (including legal costs on a full indemnity basis), and expenses arising from or in connection with: (a) your breach of these Terms; (b) your negligent or wilful acts or omissions; (c) misuse of the Website or any Product; (d) any infringement by you of any third-party right; (e) any User Content you submit; or (f) any chargeback initiated without legitimate grounds. Our right to be indemnified is reduced to the extent the relevant loss is caused by our negligence or wilful misconduct.

17.  FORCE MAJEURE

17.1  Neither party is liable for any failure or delay in performing its obligations under these Terms (other than a payment obligation) caused by an event beyond its reasonable control, including acts of God, fire, flood, severe weather, pandemic, epidemic, public-health order, government action, embargo, war, terrorism, civil unrest, riot, strike, industrial action, supply-chain disruption, telecommunications or utility failure, internet outage, or cyberattack (“Force Majeure Event”).

17.2  The affected party must promptly notify the other and use reasonable efforts to mitigate the effects. If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate the affected Order on written notice, in which case we will refund any amount paid for Products not yet dispatched.

18.  EXPORTS

18.1  Products are sold for delivery within Australia only, unless we expressly agree otherwise in writing. If we agree to deliver outside Australia, you are responsible at your sole cost and risk for: all import and export duties, taxes, and charges; obtaining any licences and customs formalities; and complying with all applicable laws of the destination jurisdiction. Risk passes to you on delivery to the carrier.

19.  DISPUTE RESOLUTION

19.1  Before commencing court proceedings (other than for urgent injunctive or interlocutory relief), the parties must attempt to resolve any dispute by good-faith negotiation between senior representatives within 30 days of written notice describing the dispute.

19.2  If the dispute is not resolved within that period, the parties must attempt mediation administered by the Resolution Institute (or another mutually agreed mediator) in Sydney, with the parties bearing their own costs and sharing the mediator’s fees equally, before commencing court proceedings.

19.3  Nothing in this clause prevents a party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

20.  GOVERNING LAW AND JURISDICTION

20.1  These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

21.  GENERAL

21.1  Assignment: We may assign, novate, or subcontract any of our rights or obligations at any time without your consent. You may not assign or transfer your rights without our prior written consent.

21.2  Entire agreement: These Terms (with the Privacy Policy and any Order-specific terms) constitute the entire agreement between the parties in respect of their subject matter and supersede all prior representations, except for fraudulent misrepresentation.

21.3  No reliance: You acknowledge that you have not relied on any representation, warranty, or statement not expressly contained in these Terms, and you waive any rights in respect of any such representation other than for fraud.

21.4  Severance: If any provision is held invalid, illegal, or unenforceable, it is severed to the minimum extent necessary; the remainder of these Terms continues in force.

21.5  No waiver: A failure or delay in exercising a right is not a waiver of that right. A waiver must be in writing and signed by the party giving it.

21.6  No partnership: Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between the parties.

21.7  Third-party rights: A person who is not a party to these Terms has no right to enforce any of them.

21.8  Survival: Clauses 5 (to the extent of any amounts owing), 6.3, 11, 12, 15, 16, 19, 20, and any other clause which by its nature is intended to survive, survive termination of these Terms or the closure of your Account.

21.9  Notices: Notices to us must be sent to Contact@DailyFoodDeals.co. Notices to you may be sent to your registered email or postal address. A notice sent by email is deemed received when delivered (or, if delivered outside business hours in the place of receipt, on the next business day). A notice sent by post is deemed received 3 business days after posting.

21.10  Electronic acceptance: These Terms may be accepted electronically and have the same legal effect as a signed agreement.

 

CONTACT

Daily Food Deals Pty Limited  (ABN 21 688 667 601)

Email: Contact@DailyFoodDeals.co

Website: www.DailyFoodDeals.co