Terms and Conditions

1. Key Provisions
These terms and conditions (Agreement) are an agreement between the customer being the person who places the Order through the App (Customer) and Rendr Pty Ltd (ACN 624 723 691) (Rendr).

Important note: Rendr’s services are provided on the basis that, if you are not at the Delivery Address at the  notified time of delivery, you will grant us an authority to leave the Goods in a safe place at the Delivery Address. If you do not agree to grant this authority to leave, or you do not have a safe place to do so, then you should not proceed with Rendr as your delivery partner. By proceeding with the Order you are agreeing to these arrangements. Rendr Couriers will check to see if you are at the Delivery Address before leaving the Goods. We will also provide you with email record of delivery, as well as advance notifications for expected delivery time. You may provide details of any specific safe place to leave the Goods when completing your details for the Order. For further information please refer to support.rendr.delivery (FAQ’s).

1.2  If you have any enquiries or require any assistance then:

(a)            please refer to support.rendr.delivery (FAQ’s) or email us at support@rendr.delivery;

(b)           please contact us during Rendr customer support operating hours: Mon – Fri 9:00am – 5:00pm, Saturday and Sunday 7am – 1pm;

(c)           if your enquiry relates to the Goods that you have purchased or intend to purchase, you should contact the relevant. Merchant using the details made available by the Merchant; and/or

(d)            if your enquiry relates to the delivery platform or delivery services, you should contact us in first instance insert contact details.


1.3  If you agree to proceed with an Order, you will be responsible for payment of the Delivery Price. In some cases, the Merchant may agree to cover some or all of the Delivery Price on your behalf. If this applies, this will be stated on the Merchant Site or Delivery Platform. Terms and conditions may apply, and you should check these arrangements with the relevant Merchant before placing an Order. We are not involved in the Merchant’s decision whether to cover Delivery Price.

1.4  We will always aim to meet the timing in the confirmed Delivery Option, however circumstances beyond our control may arise (including, for example, heavy traffic or weather conditions) which prevent us from doing so. You agree that we will not be liable to you for any costs, loss or damages suffered by you as a result of any delay in the delivery of the Goods.

2. Important Notice  

These terms and conditions (Terms) are an agreement between any user of the Delivery Platform (you) and Rendr Pty Ltd (ACN 624 723 691) (Rendr, us or we).

2.1    You should read these Terms carefully.

2.2    By downloading, installing or using the Delivery Platform, or accessing or using any Services, you confirm that you have read and understood, and agree to be bound by, these Terms.

2.3   We may change these Terms from time to time. If we do this, we will post the changes on the landing page of the Delivery Platform, and the most current version of the Terms will be published on the Delivery Platform. Your continued use of the Delivery Platform, or access or use of any Services after such changes have been made, indicates your acceptance of the updated Terms.  If you do not agree to any changes, you must cease using the Delivery Platform and the Services.  If you have a Rendr account, you may cancel it at any time by following the instructions in the ‘How to Terminate Your Account’ section at support.rendr.delivery or email us at support@rendr.delivery.

2.4   You acknowledge that the Delivery Platform is merely an online platform to facilitate the purchase by you of Goods from Merchants (if used through the Rendr Site), and otherwise to facilitate delivery of the Goods to your Delivery Address. You are responsible for payment of the Delivery Price.  

2.5  Other than ensuring that the Delivery Services are provided in accordance with these Terms, we are not responsible for the acts, omissions or conduct of Rendr Couriers.

2.6  We are not, and do not represent or hold ourselves out to be, a courier service provider or common carrier.

 2.7   Capitalised words used in these Terms have the meaning given in paragraph 24, unless otherwise indicated.

3. Registration and Use of the Delivery Platform
 
3.1  The Delivery Platform:

(a)            facilitates your ability to purchase Goods from Merchants; and

(b)            allows you to purchase Delivery Services from us using one of the following Delivery Options, in each case subject to availability of that Delivery Option, and any conditions or requirements, as specified through the Delivery Platform or Merchant Site:

(i)             FAST –delivery of the Goods to your Delivery Address within the shortest possible time after you have received an Order Confirmation (i.e. a delivery time of no more than 4 hours).

(ii)            FLEXIBLE– delivery of the Goods to your Delivery Address on the same day that you receive an Order Confirmation.

(iiii)             STANDARD -delivery of the Goods to your Delivery Address with a minimum overnight and feasible multi day delivery time after you have received an Order Confirmation.

(c)             In some cases, the Delivery Option you wish to select may not be available, or may not be possible (for example, where you request delivery outside Delivery Hours or Collection Point opening hours). In this case, the Platform will allow you to select the next best available Delivery Options.

You do not need to Register in order to browse the Delivery Platform (although you must enter a Delivery Address in order for us to populate the Delivery Platform relevant to your area), however you must Register if you wish to place an Order. To Register, you will be required to provide certain information, for example:

(a)            your full name;

(b)            your default Delivery Address;

(c)            your email address; and

(d)            other contact details (such as your phone number).  

3.3   When you place an Order, you will have the opportunity to update relevant information, and you must also provide payment information (such as credit card details) and any other requested information.

3.4   When you Register, and each time you place an Order, you must provide us with accurate and complete information. A failure to do so may mean that you do not receive your Goods as requested.

3.5    You will be asked to create a password or other secure login details for your Rendr account. You must keep this information confidential and immediately notify us (by contacting support at support.rendr.delivery (FAQ’s) or by email at support@rendr.delivery if you become aware of any unauthorised use of your Rendr account. You are solely responsible for all activity that occurs on your Rendr account and will be responsible for payment of all Orders, even if they were placed by an unauthorised third party.

3.6   We may immediately and without notice close or suspend your Rendr account, and cease making the Delivery Platform and/or Services available to you, if:

(a)            we believe that your account is being used in an unauthorised way;

(b)            we consider that you are using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts;

(c)            we consider that you are abusing our Services, have provided information to us that is inaccurate, not current or incomplete, or have otherwise breached these Terms; or

(d)            you breach any part of these Terms,

or for any other reason set out in these Terms

3.7   You acknowledge that:

(a)            you will need a compatible (and updated, as required) smart phone and/or other equipment to access the Delivery Platform and/or Services, and we do not provide these to you;

(b)            use of the Delivery Platform and/or the Services requires internet connectivity; and

(c)            you must pay all fees associated with your access to and use of the Delivery Platform and/or the Services.

4. Your assurances

4.1   By using the Delivery Platform and/or the Services, you represent and warrant that:

(a)  you are at least 18 years of age and are legally entitled to enter into these Terms, or if you not 18 years of age, you have the permission of your parent or legal guardian to do so, and to place Orders;

(b) the information you provide to us is true and correct and you will promptly notify us of any chances to such information and provide us with Acceptable ID if requested;

(c) you will not use the Delivery Platform and/or the Services for any fraudulent or unlawful purposes or to cause nuisance, annoyance or inconvenience; and

(d) you will keep your Rendr account information (including your password and other secure login details) confidential at all times.

4.2 Whether or not you Register for a Rendr account, you must not (without our express permission):

(a)            post or transmit anything to the Rendr Site or Delivery Platform, or otherwise use the Rendr Site or Delivery Platform in any way, that is misleading, fraudulent, or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy, vulgar, offensive, obscene, profane or objectionable;

(b)            restrict or stop other users from using or enjoying the Rendr Site or Delivery Platform;

(c)            access data or any part of the Rendr Site or Delivery Platform that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;

(d)            modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on the Rendr Site or Delivery Platform;

(e)            use or attempt to use any material published on the Rendr Site or Delivery Platform to create any other website or publication;

(f)             transfer or sell any information, functionality, or products or services made available on or through the Rendr Site or Delivery Platform, or represent that you are entitled to do so;

(g)            pretend that you are or represent someone else;

(h)            probe, scan, or test our website or any related system or network for the purpose of breaching security or authentication measures or interrupting access or functionality;

(i)              track or monitor any content, user, or website functionality; or

(j)              impose an unreasonable load on our systems or networks.

5. Merchant as seller of the Goods
 

These terms and conditions (Terms) are an agreement between any user of the Delivery Platform (you) and Rendr Pty Ltd (ACN 624 723 691) (Rendr, us or we).

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.1           We may facilitate your purchase of, and will provide Delivery Services in relation to, Goods, however you acknowledge that any Goods which are the subject of an Order will be fulfilled by the relevant Merchant, and the purchase of Goods is a transaction between you and the relevant Merchant.

5.2           As a condition of placing the Order, you must accept any terms of sale or other requirements stipulated by the relevant Merchant.

5.3           Use of the Delivery Platform and/or the Services does not make Rendr a party to any transaction between you and the relevant Merchant.  If you have any issues or questions relating to the Goods (as opposed to the delivery of the Goods), you must deal with the Merchant directly.  We will not intervene in any matter, enquiry, discussion or dispute between you and a Merchant in relation to any Goods (other than where it relates to delivery).

5.4           We do not provide any warranties with respect to the Goods or any services or information provided by Merchants and we are not responsible or liable for any:

(a)            product liability claims;

(b)            claims that the offer or sale of Goods or services fails to conform to any applicable legal or regulatory requirement;

(c)            claims in respect of the Merchant’s Goods, services, or practices arising under consumer protection or similar legislation (including the Australian Consumer Law); or

(d)            any inaccurate, incomplete or out of date information provided by the Merchant.

6. Ordering 

6.1           The ordering process is as follows:

(a)            once you select Goods for purchase, you will be provided with available Delivery Options and Delivery Price(s) for delivery of the Goods, based on the Collection Point, Delivery Address and Vehicle Selection;

(b)            you may select an available Delivery Option and submit payment for the Goods and Delivery Services based on that Delivery Option (and you acknowledge that where you are using the Delivery Platform through the Rendr Site, we are accepting payment of the Goods Price on behalf of the Merchant);

(c)            once payment has been processed and your Order has been accepted, we will provide you with an Order Confirmation (via email and/or SMS); and

(d)            the Goods will then be delivered in accordance with the Order Confirmation. We will also send you an email / SMS once a delivery driver has been assigned to your Order, which you will be able to track, and status updates as your Order is progressed.

6.2           The Merchant may agree to cover some or all of the applicable Delivery Price. You will only see the component of the Delivery Price payable by you on the Delivery Platform.

6.3           You may only place an Order:

(a)            if your Delivery Address is within the Delivery Radius;

(b)            if your nominated Delivery Option is available within the Delivery Hours (and if it is not, we will give you an option to select the next best available Delivery Option); and

(c)            with a single Merchant at any one time (that is, if you wish to purchase Goods from different Merchants, this must be done as separate Orders).

6.4           When you click the "place order" button on the Delivery Platform or take any other similar steps required to confirm an Order, you are committing to purchase the Goods and to pay the Total Price. You must pay the Total Price (using any payment method made available on the Delivery Platform or via the Merchant Site).

6.5           Once you have placed an Order and a Rendr Courier has arrived at the Collection Point, you will not be able to cancelthe Order except as stated on the Delivery Platform or in these Terms. Fees may apply. Please refer to our FAQs [here] for how to cancel an Order.

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.6           We will notify you if we are unable to accept your Order for any reason. We may determine this in our absolute discretion. In this case you will not be charged the Goods Price or the Delivery Price.  We may decline or cancel an Order at any time prior to Order Confirmation.

6.7           We may also decline or cancel any Order if we believe that it is in breach of any law or regulation in relation to the sale, supply and/or delivery of the Goods. You will receive notification if this is the case, and we will refund you any amounts paid (other than the Delivery Price if already incurred) for the cancelled Order using the same payment method you originally used.

6.8           In the event that Goods are listed on the Rendr Platform at an incorrect Goods Price or with incorrect information due to typographical error or error in pricing or product information, we may refuse or cancel any Orders placed for such Goods (including if such Orders have been confirmed or payment has been processed).

6.9           Once you have received an Order Confirmation, you will receive status updates (by your preferred communication method) regarding the progress of your delivery. You may also log into the portal of the Delivery Platform to view this.

7. Availability of Goods

7.1           All Goods are subject to availability. We do not guarantee availability, nor that the Goods Price is the lowest price at which the Goods are sold. The Merchant is responsible for Goods pricing and Goods availability, and we are merely displaying this information as made available to us by Merchants).

7.2           If you have received an Order Confirmation but Goods are subsequently unable to be supplied by the Merchant or the Merchant does not make the Goods available for collection, we will contact you as soon as reasonably practicable.  We can only do this where the Merchant makes us aware of any unavailability of Goods. In this case:

(a)            where delivery is delayed, we will notify you of the delay and the revised estimated delivery time, as soon as we are able to do this; and

(b)            where delivery is not possible and a Rendr Courier has not yet arrived at the Collection Point, we will refund you any amounts you have paid to us in relation to the cancelled Order.  This process may take up to 10 Business Days.

7.3           In some cases, a Merchant may advise us that it is only able to partially fulfil your Order in accordance with the requested Delivery Option.  In this case, we will make all reasonable efforts to promptly contact you and ask whether:

(a)            you would like to amend your Order to reflect the Goods than can be delivered (in which case you will incur the Delivery Price for those Goods);

(b)            you would like to wait until a later date when your Order can be fulfilled in its entirety (in which case you will still incur the Delivery Price); or

(c)            you would like your Order to be cancelled, in which case we will refund you any amounts paid. This option may only be selected if a Rendr Courier has not yet arrived at the Collection Point for your delivery.

7.4           In the event that we cannot reach you within a reasonable period of time or you do not give us clear instructions, your Order will be automatically cancelled and we will refund you all amounts paid.

8. Delivery of Goods
 

8.1           We will endeavour to deliver the Goods to you in accordance with the confirmed Delivery Option.

8.2           You must ensure that the Delivery Address is safe and accessible.

8.3           We will always aim to meet the timing in the confirmed Delivery Option, however circumstances beyond our control may arise (including, for example, heavy traffic or weather conditions) which prevent us from doing so. Where this occurs, we will contact you as soon as we reasonably can and inform you of a revised delivery time, and we will try to deliver the Goods as close as possible to the timeframes in the originally requested Delivery Option. You agree that we will not be liable to you for any costs, loss or damages suffered by you as a result of any delay in the delivery of the Goods.

8.4           We may refuse to deliver the Goods for any reason.

8.5           If we are unable to deliver the Goods, or the Merchant is unable to fulfil your Order, as a result of your failure to comply with these Terms or on the basis of any information you have (or have not) provided to us or any act or omission by you, we will immediately discontinue the delivery, you will be deemed to have cancelled your Order and we will arrange to return the Goods to the Merchant.  In this case, we will refund you the Goods Price (if authorised to do so by the Merchant) but not the Delivery Price.

8.6           In the event that an incorrect Delivery Address was entered, address changes can only be made before the Order is collected.  We cannot accommodate all address change requests.  We accept no responsibility for Orders shipped to a Delivery Address provided by you that is incorrect or invalid and we are not liable for any Loss arising from an Order being shipped to such an address.

9. Acceptance of Goods

9.1           Your Order is completed at the time the Goods are delivered to you.  We will have no responsibility for the return of any Goods (except where due to an error in delivery) and it will be your responsibility to return them directly to the Merchant.

9.2           Legal title to the Goods will transfer to you (i.e., the Goods will become your personal property) at the time the Goods are delivered to the Delivery Address.

9.3           Risk in the Goods will transfer to you at the time the Goods are delivered to the Delivery Address.

10. Cancellations

10.1           You may cancel an Order for delivery via the Delivery Platform:

(a)            without charge of the Delivery Price, at any time before a delivery driver has arrived at the Collection Point for your Order (as displayed in the Delivery Platform); and

(b)            subject to payment of the Delivery Price, at any time after a delivery driver has arrived at the Collection Point for your Order (as displayed in the Delivery Platform).

10.2           To cancel a delivery Order, please contact us via support@rendr.delivery or call us on 1300 69 73637.

10.3           You acknowledge that any refund of the Goods Price is a matter to be resolved directly between you and the Merchant, and even if you are able to cancel a delivery Order you may be liable for some or all of the Goods Price as determined by the Merchant.

11. Exchanges, Refunds & Returns

11.1           Exchanges, refunds and returns of Goods are controlled and managed by the relevant Merchant. Please contact the Merchant for assistance.

11.2           You acknowledge and agree that:

(a)            the Merchant is solely responsible and liable for any Goods related enquiries or customer claims, including in respect of compliance with the Australian Consumer Law or any other applicable laws;

(b)            we are not responsible for the management of any exchanges, refunds, returns or similar issues or complaints related to Goods (other than if such issue or complaint arises as a direct result of our failure to deliver the Goods in accordance with these Terms in which case paragraph 12.1 applies); and

(c)            if you are not satisfied with the Goods for any reason, you must deal directly with the Merchant and will be bound by the Merchant’s policies relating to exchanges, refunds and returns.

11.3           You may at any time request a receipt of any delivery transaction undertaken via the Delivery Platform by logging into the Rendr Site portal. The Merchant is responsible for issuing tax invoices in relation to Goods.

11.4           Where you return any Goods to a Merchant, you will not be entitled to a refund of the Delivery Price.

12. Consumer Rights

12.1           You retain all of your rights under The Australian Consumer Law in relation to the Goods

12.2           To the extent permitted by law, and except as otherwise expressly set out in these Terms, all express or implied guarantees, warranties or representations relating to these Terms or its subject matter excluded.

12.3           If any guarantee, warranty or representation is implied into these Terms and cannot be excluded at law but can be limited, our liability for breach of such guarantee, warranty or representation is limited to (at our option):

(a)            delivering the Goods again; or

(b)            the payment of the cost of delivering the Goods again.

12.4           You acknowledge and agree that paragraphs 12.2 and 12.3 relate to the consumer rights in respect of the delivery of the Goods only, and does not relate to consumer rights in respect of the actual Goods, which if applicable must be claimed directly against the Merchant.

13. Disclaimers

13.1         We do not represent or warrant that:

(a)            any content or information accessible via the Delivery Platform is accurate, complete, reliable, current or error-free (including but not limited to information regarding the Goods Price, Delivery Price, Delivery Options, description of Goods or availability of Goods) and you acknowledge that such content and information is subject to change without notice;

(b)            your use of the Delivery Platform and/or the Services will be continuously available or uninterrupted (including as a result of interference or prevention of access to the Delivery Platform and/or Services as a result of the operation of any telecommunications network, computer network and/or the internet) or that any information (or messages) transmitted via the Delivery Platform and/or the Services will be transmitted accurately, reliably, in a timely manner or at all;

(c)            the Delivery Platform and/or the Services will be error free or free from viruses or anything else which may have a harmful effect on any technology;

(d)            the Delivery Platform will be accessible on your equipment and/or systems; or

(e)            the Delivery Platform and/or the Services will meet your needs.

13.2         If you experience any problems with the Delivery Platform and/or the Services, you can contact us by support@rendr.delivery or call us on 1300 69 73637 or visit support.rendr.delivery.

13.3          We will use our reasonable endeavours to resolve any problems and/or offer any assistance as soon as practicable.


14. Suspension and Termination

14.1         If you breach these Terms, we may:

(a)            immediately cease making the Delivery Platform and/or the Services available to you (in whole or in part); and/or

(b)            close, suspend or terminate your Rendr account without notice.

14.2         We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of these Terms.

14.3         In the event of termination, the following paragraphs will survive: [#]. If you use the Delivery Platform or Services again, then the version of these Terms that then apply will govern your re-use of the Delivery Platform or Service.

14.4         Our rights under this paragraph 14 will not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

15. Indemnity

You agree to indemnify and hold harmless us and our Related Bodies Corporate, directors, officers, employees, agents and licensors (each an indemnified party) against any Loss suffered or incurred by an indemnified party arising out of or in connection with:

(a)            your misuse of the Delivery Platform; or

(b)            any breach by you of these Terms.

16. Limitation of Liability

16.1.         To the maximum extent permitted by law and subject always to your rights under The Australian Consumer Law and paragraph 12, we exclude all liability and responsibility for Loss or damages of any kind, including without limitation indirect or consequential damages (such as loss of profits, loss of goodwill, loss of value, loss of revenue), or any damages whatsoever arising from:  

(a)            the accuracy, completeness, fitness for purpose or legality of any product (including Goods) or information accessed using the Services or Delivery Platform or otherwise;

(b)            the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;

(c)            your use of any information or materials on the Delivery Platform (which is entirely at your own risk and responsibility); and

(d)            your use and consumption of the Goods.

16.2         Subject to paragraphs 12 and 16.1 and to the extent permitted by law, our total aggregate liability to you (whether in contract, tort, statute or otherwise) for each Order placed by you and confirmed by way of an Order Confirmation is limited to the Total Price actually paid by you in relation to that Order.

17. Privacy

17.1         Our Privacy Policy (available via the Delivery Platform) is incorporated into and forms part of these Terms.

17.2         We may update our Privacy Policy from time to time, with the most current version being published on the Delivery Platform.

17.3         By accessing and using the Delivery Platform, you consent to us collecting, storing and using your personal information in accordance with our Privacy Policy. If you do not agree to this then you should cease use of the Delivery Platform and/or Services.  

18. Links to Other Sites

18.1         Where the Delivery Platform contains advertisements or links to third party apps, sites or resources (together Other Sites), those Other Sites are linked to provide information only and are solely for your convenience.

18.2         We have no control over and do not accept or assume any responsibility for Other Sites or for the content, products or services of Other Sites (including without limitation relating to social networking sites), and we accept no responsibility for any Loss that may arise from your use of them.

18.3         If you decide to access any Other Sites, you do so entirely at your own risk.

19. Reviews

19.1         You may submit a review of your experience using the Delivery Services and Delivery Platform / Goods that you Ordered to the Rendr Site (Review). You will receive a link to rate your Order and answer a series of delivery and product related questions via the “Order Delivered” email which is linked to your Rendr customer profile portal.

19.2         A Review must comply with any of our policies specified on the Rendr Site. Despite the existence of such policies, a Review must be honest, given in good faith, and accurately reflect your experience that is the subject of the Review. A Review must not:

(a)            be defamatory or use language or contain any content that is discriminatory, profane, vulgar, obscene, violent, threatening or harassing;

(b)            be misleading or deceptive;

(c)            contain advertising or any other commercial content;

(d)            contain any spam;

(e)            purpose to originate from any other person;

(f)             be for commercial gain, including any financial rewards obtained by you or on your behalf for submitting the Review; or

(g)            contravene paragraphs 3.6, 4.1 or 4.2 of these Terms.

19.3         We do not as a matter of course verify or moderate Reviews and are not responsible or liable for the content of any Review.

19.4         We may comment on or remove a Review in our sole discretion.

20. Intellectual Property Rights

20.1         The names, images and logos identifying Rendr or third-party suppliers (including Merchants) and their Goods and services, are proprietary marks and no use should be made of them by you unless with our (or the relevant owner’s) prior written consent.

20.2         We (or our licensors) own all intellectual property rights in and to the Delivery Platform, Services and Rendr Site, including any enhancements, additions, modifications and variations of the Delivery Platform, Services and Rendr Site, and any Reviews or other content posted on the Delivery Platform or Rendr Site.

20.3         You must not:

(a)            make any claim of interest in the Delivery Platform or any of the Services;

(b)            reverse engineer, disassemble, decompile, modify, copy or otherwise attempt to derive the source code of the Delivery Platform;

(c)            enable or develop methods to enable unauthorised persons to use the Delivery Platform; or

(d)            purport to sell, distribute, provide, licence, lease, lend, share or otherwise make available the Delivery Platform or any performance information or analysis of the Delivery Platform to or with any third party.

21. Suspension and Termination

21.1         If we are involved in a sale, acquisition, restructure, change in control or other similar event, we may assign, novate or otherwise transfer our rights and obligations under these Terms without reference to you so that in the future, the Delivery Platform and Services are provided by a different party.

21.2         In such circumstances, we may transfer or assign your personal information as provided by you to us, subject to the terms of our Privacy Policy.

22. General

22.1         All prices set out on the Delivery Platform are in Australian Dollars.

22.2         Except where indicated otherwise, all prices set out on the Delivery Platform include GST.

22.3         These Terms are the entire agreement between you and us regarding its subject matter. The Delivery Platform is provided to you under our operating rules, policies, and procedures.

22.4         All provisions of these Terms apply equally to and are for the benefit of us, our Related Bodies Corporate and our third party content providers and licensors, and each will have the right to assert and enforce such provisions directly or on its own behalf (except that these Terms may be varied or rescinded without the consent of those parties).

22.5         If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision is deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms is not affected.

22.6         The Service and Delivery Platform are controlled and offered by us from Victoria, Australia. All sales occur and are appropriated in Victoria, Australia​. We make no representation that the Services and Delivery Platform are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for local laws.

22.7         These Terms (and all non-contractual relationships between you and us) are governed by and construed in accordance with the law of Victoria and both you and us hereby submit to the exclusive jurisdiction of the courts of Victoria.

23. Suspension and Termination

23.1         From time to time, you may have access to promotional discounts or benefits (Promotional Offers).

23.2         We may, in our absolute discretion, offer, withdraw, amend, cancel or determine eligibility for any Promotional Offer.

23.3         Any credit applied to an account as part of a Promotional Offer may be, in our absolute discretion, withdrawn, amended or cancelled.

23.4         Promotional Offers may take the form of discount codes (Promo Codes).

23.5         Promo Codes may be subject to minimum spend criteria.

23.6         Unless stated otherwise, Promo Codes expire fourteen (14) days from receipt.

24. Glossary

24.1         In these Terms the following definitions apply:

Acceptable ID means a current Australian driver licence, driver learner permit, Proof of age card, Key pass card or Australian or foreign passport.

Australian Consumer Law means the law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)

Business Day means any day that is not a Saturday, Sunday or public or bank holiday in Melbourne, Australia.

Collection Point means the Merchant location from which Goods will be collected by Rendr Couriers, as specified on the Delivery Platform and an Order Confirmation.

Delivery Address means the delivery location for the Goods, as submitted by you and accepted in an Order Confirmation, which must be in the Delivery Radius.

Delivery Hours means our designated delivery hours as set out on the Delivery Platform which are subject to change from time to time. Our Delivery Hours are necessarily linked to the opening hours of each Collection Point.

Delivery Option means the delivery options set out in paragraph 3.1(b) or otherwise made available to you for purchase via the Delivery Platform.

Delivery Platform means the software application for Delivery Services known currently as ‘Rendr’, which may operate as a standalone application or via the Rendr Site, or as an integration into a Merchant Site.

Delivery Price means the price payable by you for delivery of the Goods as specified on the Delivery Platform (and inclusive of GST) and as confirmed in an Order Confirmation. The Delivery Price is separate from, and in addition to, the Goods Price.

Delivery Radius means the geographical radius within which Delivery Services will be provided, as measured from the applicable Collection Point, as specified on the Delivery Platform.

Delivery Services means the delivery of the Goods to your Delivery Address, in accordance with a selected Delivery Option as confirmed in an Order Confirmation.

Goods means the goods and services that may be purchased by you from the Rendr Site or Merchant Site and that may be delivered via the Delivery Platform.

Goods Price means the price for the purchase of the Goods as set by the relevant Merchant in its absolute discretion.  The Goods Price is separate to the Delivery Price.

GST has the meaning given in the A New Tax system (Goods and Services Tax) Act 1999 (Cth).

Loss means any liability, loss, damage, expense or cost (including legal costs on a full indemnity basis).

Merchant means a retailer of Goods that utilises the Delivery Platform to sell and/or deliver Goods.

Merchant Site means a Merchant’s website and/or application through which you may purchase Goods and which integrates with the Delivery Platform.

Order means an order to purchase Goods and/or Delivery Services, which may be placed via the Delivery Platform or Merchant Site (as applicable) and which is delivered and facilitated via the Delivery Platform.

Order Confirmation means a notice sent by us or a Merchant to you confirming acceptance of your Order.

Privacy Policy means Rendr’s privacy policy as made available on the Delivery Platform.

Register means the Rendr account registration process completed by you via the Delivery Platform to create an account with Rendr.

Related Body Corporate has the meaning in the Corporations Act 2001 (Cth).

Rendr Courier means a driver engaged through the Delivery Platform to deliver Goods that have been confirmed in an Order Confirmation.

Rendr Site means the website “rendr.delivery” or such other website(s) that we utilise for the Delivery Platform from time to time.

Services means all or any of the services that we provide to you facilitated by the Delivery Platform (including the ability for you to place an Order to purchase Goods (from the Merchant) and Delivery Services).

Total Price means, in relation to an Order, the Goods Price plus the Delivery Price.

Vehicle Selection means the vehicle allocated by the Delivery Platform as being appropriate to deliver the Goods which are the subject of an Order, as specified in the Order Confirmation.