Terms and Conditions

Welcome to the Clean Eats Australia platform (the Platform) which is provided to you by Clean Health Group PTY LTD (ABN 45 670 127 116) (“Clean Eats Australia”, “we”, “us”, “our”). The Platform is accessible via our website.

The Platform provides information about our products and services and you can also open an account and order Products online to be delivered to you. Your use of this Platform and the supply by us of goods and services is governed by these terms and conditions together with our applicable policies, (altogether, the Terms). Please read the Terms (including the policies) carefully and contact us with any questions before you use the Platform. Our contact details are provided at the end of these Terms, (below).

A Binding Legal Agreement

These Terms form a binding legal agreement between you, (our customer), and Clean Eats Australia in respect of your use of the Platform and your purchase of Products from Clean Eats Australia (Products). An Order refers to an order made by using functionality of the Platform, for the purchase and delivery of Products.
Your use of this Platform indicates your acceptance of these Terms and any other applicable policy. If you do not agree to the Terms, please do not use this Platform.
To the extent that any inconsistency arises between these Terms and a separate policy published on our Platform, these Terms will apply.
These Terms take precedence over and wholly replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an Order.
Clean Eats Australia reserves the right to make changes to the Platform and these Terms and the Products at any time.
All dates and times referred to on our Platform or in any communication with you are references to AEST or AEDST as applicable, and all prices or other amounts are in Australian Dollars, inclusive of GST unless otherwise specified

1. License To Use The Platform

1. Our Platform provides information about Clean Eats Australia and the goods and services offered by us. It also functions as an interactive ecommerce platform where you can register your personal information to open an account and order and purchase Products which will be supplied by us.

2. We grant you a non-exclusive, non-transferable, royalty-free licence to use the Platform in accordance with its intended functionality and subject to these Terms.

3. You must not add any content to the Platform:

1. unless you hold all necessary rights, licences and consents to do so;

2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

4. that would bring us, or the website, into disrepute; or

5. that infringes the intellectual property or other rights of any person.

4. The Platform may contain links to other websites including social media sites where there is content which has been created by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked Platform.

You acknowledge and agree that:

1. we retain complete editorial control over the website and may alter, amend or cease the operation of the website at any time in our sole discretion; and

2. the Platform will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2. Registering and opening an account

1. By opening an account and registering your personal details on our Platform, you will be able to place an Order for Products through our Platform

2. In order to use the Platform, you must provide us with certain information about yourself. We will handle and store this information in accordance with our Privacy Policy (www.cleaneatsaustralia.com.au/privacy-policy.html) and clause 18 of these Terms.

You must:

not use a false email address, impersonate others, or misrepresent your affiliation with others
not attempt to gain unauthorised access to computer systems or content through the Platform
not attempt to gain unauthorised access to computer systems or content through the Platform;
not share login credentials (name and/or password) for your account on the Platform with any person;
promptly notify Clean Eats Australia in writing if you become aware of any unauthorised access to or use of your account by any person.
As My Muscle Chef is an online food ordering service our primary means of communication with you will be via the email address and/or the mobile phone number listed on your My Muscle Chef account. My Muscle Chef will not be held responsible for any missed communication due to your contact details being incorrect. If you have more than one email address, please check all email accounts before contacting Clean Eats Australia.
As Clean Eats Australia is an online food ordering service our primary means of communication with you will be via the email address and/or the mobile phone number listed on your Clean Eats Australia account. Clean Eats Australia will not be held responsible for any missed communication due to your contact details being incorrect. If you have more than one email address, please check all email accounts before contacting Clean Eats Australia.

3. Your Responsibilities

The responsibilities in this clause apply when you are placing an Order, unless otherwise stated. You must comply with the policies and procedures we publish on our Platform. You must comply with the policies and procedures set out in these Terms and or as published on our Platform from time to time.
You must ensure that a Product which is ordered by you complies with any allergy or dietary requirements which are applicable to you or the person who will consume the Product. It is your responsibility to determine whether Products are safe and appropriate for consumption by you. You must comply with all Applicable Laws when using the Platform and purchasing Products.
You must:
1. ensure you are legally capable of entering into this binding contract with us when you use the Platform and when you place an Order; and
2. all information provided to us when you registered and during the time you remain registered as a customer or using the Platform is true, accurate, current and complete.
You must not, in relation to your use of the Platform:
1. interrupt or attempt to negatively impact or alter the operation of the Platform in any way;
2. engage in any other practices which may adversely affect the credibility or reputation of the Platform and/or us;
3. use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
4. reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;
5. licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party;
6. except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform; or
7. engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.
If we believe that you have not complied with these Terms or any other agreement with Clean Eats Australia at any time, we may immediately cancel any Order and/or terminate or suspend your access to your account. You agree that we may do so without prior notice to you and without liability to you or anyone else.
If we believe that you have not complied with these Terms or any other agreement with Clean Eats Australia at any time, we may immediately cancel any Order and/or terminate or suspend your access to your account. You agree that we may do so without prior notice to you and without liability to you or anyone else.

4. Intellectual Property Rights

1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Platform.
2. Images and text appearing on the Platform are protected by copyright and trade mark laws. Unauthorised copying or re-distribution of any materials on the Platform is not permitted. Clean Health Group PTY LTD, its affiliates and their respective licensors reserve all of their intellectual property rights throughout the world.

5. Our Liability to You

1. To the fullest extent permitted by law, we exclude all liability, in contract or tort (including negligence), arising in connection with our Platform, Products, or services or these Terms, including any liability in respect of interruption of business, viruses and other harmful components within the Platform or content, loss of data or any indirect, special, punitive, consequential, incidental or similar damages arising from your use of this Platform or its content or services, or from the purchase or supply of any Products.
2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
3. These Terms may be subject to legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations (such as the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010)). If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
  1. in the case of Products:
    1. the replacement of the Products or the supply of equivalent Products;
    2. the repair of the Products;
    3. the payment of the cost of replacing the Products or of acquiring equivalent Products; or
    4. the payment of having the Products repaired; and
  2. in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.
4. In respect of any liability which cannot be excluded in accordance with the above provisions, then we limit such liability, where lawful, to payment in the amount of $10 or the minimum amount permissible by law (if greater than $10).

Your Liability to Us

You are liable and solely responsible for:

verifying the accuracy of any information which you supply to us and ensuring that you have all necessary consents from any third party;
your breach of any person's intellectual property rights (including those of Clean Eats Australia);
Your breach of these Terms or any other agreement with us; and
Your breach of any applicable law.

You agree to indemnify Clean Eats Australia (including our directors, employees, contractors, assigns, and related bodies corporate) (Indemnified Parties) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (d) above. We reserve the right, at our own expense, to assume the exclusive defence and control of any third party claims or matter which is otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.

Changing or Cancelling Orders – Cut-Off Period

In the first instance, if you would like to change or cancel your Order then please contact Clean Eats Australia Customer Support as soon as possible.
Our business model requires that we use fresh ingredients and cook fresh meals to order every day therefore if you want to change your Order (including cancelling because of an error or due to a change of mind), we can only accommodate that change before the Cut-off Period has expired. The Cut-off Period commences when you place your Order and expires on the earlier of:
1. six hours from the time you place the Order; or
2. The cut-off period commences when you place your order, and expires six hours after the time you place the order.
Subject to the non-excludable provisions of the Australian Consumer Law, any change or cancellation requests made after the Cut-off Period has expired cannot be honoured because your Order will already be committed to processing in our kitchens and with our third party suppliers. If your change or cancellation request is not received by us before the Cut-Off Period has expired, you will be charged the full amount of the Order.
Adding, deleting or substituting items on an Order constitutes a change to the original Order. This is not possible after the Cut-Off Period has expired. Instead, a new Order will be required to be placed. We are not able to combine multiple Orders.
Any change to an Order may cause a change in the fees payable and the shipping time frame for that Order.
A refund is only possible if a change or cancellation request is received by us before the Cut-Off Period has expired. At Clean Eats Australia absolute discretion, we may offer you an account credit if you cancel your Order outside of these terms, (but we are not obliged to do so).

Delivery

We deliver to areas in VIC. A flat rate delivery fee is charged for each delivery. You can get more information about our delivery regions and delivery fees on our Delivery Page.
In order to effect delivery of your Products we may elect to engage a third party contractor and you agree to our use of a third party contractor at our sole discretion.
If you are not home at time of delivery we will leave the Order at the front door or in an area specified by you in the instructions when placing your Order. The ice packs in the box mean that it can usually be left in a shaded area for up to 5-8 hours. This is a guide only and may change depending on weather, temperature and other ambient conditions. Clean Eats Australia will not be liable for damage to the Products arising because they were left outside or if the box is damaged or stolen after delivery. The entire risk in the Products passes to you when the Products are delivered to your address.
It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the Order to the correct address at our expense.
We will provide you with an estimated date of delivery of your meals and will make every reasonable effort to deliver on this date. We use third party contractors to perform delivery services and many aspects of the delivery network are beyond our control. We will not be held liable for any loss or damage resulting from late delivery.
If you live in a secured apartment complex, please ensure you are home to receive your delivery.
It is the responsibility of the customer to inform Clean Eats Australia by emailing us if an Order does not arrive. Our contact details are provided at the end of these Terms, (below). Once we learn an Order has not arrived on the due date, we will make enquiries and use reasonable efforts to arrange delivery as soon as possible thereafter. We will not be held liable for any loss or damage resulting from late delivery.

Payment

Any transactions or purchases online can be made via American Express, MasterCard, Visa and Paypal. We reserve the right to vary accepted payment methods at any time and without notice to you. All transactions are processed via Shopify payments.
All payments must be received by Clean Eats Australia before your Order can be processed and delivered. When paying by card, if you have insufficient funds in your account or the card declines - the Order will not be processed. For direct transfers, your Order will only be delivered once the transfer has been completed.
If you cannot pay using the methods above, please contact us and we can try to organise a solution for you. Our contact details are provided at the end of these Terms, (below).

Credit Card Security

We reserve the right to vary our payment gateways at any time and without notice to you. We take reasonable steps to protect your personal information. However, we are not liable for any unauthorised access to this information.

Returns Policy

This policy includes rights you are entitled to under Australian Consumer Law.
If you experience a problem with any of the Products received or if the Products you receive are different to what you ordered, or are otherwise not as expected, please contact Clean Eats Australia Customer Support immediately. Our contact details are provided at the end of these Terms, (below).
If you have received an item that is incorrect, damaged or faulty we require notification as soon as possible after the time the delivery was made. Clean Eats Australia may require reasonable evidence of the error, damage or defect and may, in some circumstances, require you to return the item for assessment.
Clean Eats Australia is not obligated to accept a return or otherwise compensate you:
1. because you have had a change of mind; or
2. for damage to the Products arising because they were left outside or if the box is damaged or stolen after delivery. The entire risk in the Products passes to you when the Products are delivered to your address. Refer to Delivery (clause 8, above).
Account credits and refunds for an approved return will only apply to the Products which are defective and will not cover other Products in your Order or any return postage costs or your original shipping charge.

Account Credit

In some circumstances Clean Eats Australia may offer you credit on your account (for instance as compensation or as a reward for a referral). Account credit is separate from and different to the credit which you receive when you purchase a Gift Card.
In all cases, if you receive a credit on your account, that credit:
1. must be used solely to pay for Products and services purchased from Clean Eats Australia in conjunction with your account;
2. is never redeemable for cash;
3. cannot be transferred, resold, or exchanged; and
4. will expire if it is not used within ONE YEAR from the date on which the credit was applied to your account.
If you wish to close your account and your account is in credit then you may use that credit to purchase Products or services prior to closing the account. Alternatively, the unused credit will be forfeited immediately upon closure of your account and without further compensation to you. Remember, you must use account credit within ONE YEAR from the date on which the credit was applied to your account

Discounts and Promotions

From time to time we may run various promotional campaigns aimed at introducing customers to our product range and/or otherwise improving our business. The campaigns may be in different forms and may provide incentives like account credit (referred to above), promotional codes or discounts.
Account credit, discounts or promotion codes are non-transferable and cannot be transferred, resold, or exchanged for cash.
Clean Eats Australia reserves the right, subject to applicable law, to cancel any promotion or discount without prior notice.
Only a single discount or promotion code is allowed per order and any such code cannot be used in conjunction with any other discounts or promotions.
For more information about the specific terms which are applicable to any of our various promotional campaigns, visit our promotions page in our FAQs here

Gift Cards

Clean Eats Australia offers Gift Cards which are available for purchase through multiple different third party vendors and on this Platform. Gift Cards are redeemable by the holder of the Gift Card for Products and services available on our Platform, up to the value of the stored value associated with that Gift Card.
In order to redeem the stored value on a Gift Card, the holder of the Gift Card may be required to register and open an account on our Platform.
If you purchase a Gift Card, the stored value on that card:
1. must be used solely to pay for Products and services purchased directly from Clean Eats Australia;
2. is never redeemable for cash;
3. cannot be transferred, resold, or exchanged; and
4. will expire if it is not used within ONE YEAR from the date on which the Gift Card was purchased.
A Gift Card which has been lost, stolen, damaged or used without permission cannot be replaced.
After expiry, a Gift Card cannot be used and the stored value cannot be redeemed.

Declining an Order

We reserve the right not to provide Products or services, or to cancel an Order (or part thereof) at our sole discretion at any time. If we exercise that discretion, then we will refund or give you an account credit for the monies paid by you for the Products or services which we do not supply.
Without limiting the operation of any other Terms, we will not be held liable for loss or damage arising from our exercising of these rights, (subject always to our obligations under the Australian Consumer Law).

Privacy

Clean Eats Australia will comply with all applicable Privacy Laws. We will only use your Personal Information in the manner permitted by this Agreement and applicable Privacy Laws. Our Privacy Policy is accessible here www.cleaneatsaustralia.com.au/privacy-policy.html
You authorize Clean Eats Australia and its Affiliates to use your Personal Information to provide the services and Products to you and otherwise meet our obligations under this Agreement,
By ordering or registering on our Platform you grant us the right to:
1. add your contact details to our database;
2. use your Personal Information to contact you regarding your Order, shipping, and other products or promotions;
3. share your Personal Information with contractors (for instance delivery contractors) as a necessary adjunct to provide the services which you reasonably expect from us; and
4. share your Personal Information with third party subprocessors who assist us to perform our services and improve our business offering to you.
From time to time we may contact you (including, for example, by SMS, email, social media messaging or smartphone ‘push notifications’) about offers, promotions, partnerships and new products. You can unsubscribe from this at any time either via a link in any email you receive from us, or by contacting our Customer Support at: info@cleaneatsaustralia.com.au.
We may disclose Personal Information to third party contractors so that they may perform services for us or on our behalf (for instance, for delivery of Products).
Clean Eats Australia, and this Platform, are based in Australia and provide services only inside Australia. Some of the Personal Information may be processed outside Australia by third party service providers who have an agreement with us. We will comply with applicable and customary data security standards and ensure our third party service providers comply with such standards as may be applicable, given the nature of services provided by them.

General

You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
Nothing in these Terms constitutes a relationship of employer and employee, principal and agent or partnership between you and us.
These terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

Contact us

Please feel free to contact us if you have any questions about these Terms at: Email: info@cleaneatsaustralia.com.au or Post: Clean Eats Australia, 266-268 Maribrynong Rd, VIC.

Last updated: 23 Jan 2024