Onaro Online/Onaro Plus from Lamark Australia Pty Ltd – User Terms and Conditions

These terms and conditions are important and you should read them fully. But there are some specific terms we wanted to make you aware of. These are set out below.

Site availability: We may stop making our Site available without prior notice. However, if we do, any Orders made won’t be affected unless the relevant products are no longer available or we or one of our supplier partners are prevented from supplying those products.

Cancellations by us: Onaro Online/Onaro Plus may cancel your Order for certain reasons and may reject your Order for any reason. If Onaro Online/Onaro Plus rejects your Order, they will endeavour to provide you with notice of that rejection.

Cancellations by you: If you cancel your Order on the day of delivery or collection, you may have to pay a cancellation fee of no more than $20.

Our Liability (General): Onaro Online/Onaro Plus is not liable for (i) any loss or damage caused to your property or suffered by you in connection with a delivery; or (ii) any external websites accessible on our site.

Our Liability (Consumer rights): Without limiting your consumer law rights, Onaro Online/Onaro Plus: (i) is not liable to you for any indirect or consequential loss other than where such loss arises as a result of our own negligence or wilful misconduct; (ii) is not responsible for the agreement between you and Onaro Online/Onaro Plus, including for the acceptance of Orders and supply and delivery of products; and (iii) our liability to you under these terms will be reduced to the extent you either caused or contributed to that loss or damage.

Our Liability (Products): Onaro Online/Onaro Plus will not be liable for any damage to products delivered by Onaro Online/Onaro Plus from the date and time of delivery, including where such products have been delivered to your nominated courier or transport provider for Remote Delivery Orders. If your Order is a Click & Collect Service, Onaro Online/Onaro Plus will not be liable for any damage to products from the date and time you collect those items from either a Onaro Foods store.

Changes to Terms and Conditions: Onaro Online/Onaro Plus may change these terms and conditions at any time. However, the terms and conditions current as at the time Onaro Online/Onaro Plus accepts your Order will apply.

Site conditions of use

1.1 Introduction

Thank you for shopping with us. Please read these terms and conditions before accessing or using the website at www.onaronline.com or the Onaro Plus mobile application.

The Site/App includes:

Onaro Online/Onaro Plus where you may purchase Products sold by Lamark Australia Pty Ltd Trading as Onaro Foods; and

The Site is operated by:

Lamark Australia Pty Ltd (ABN 191 633 57 800) to the extent the Site/App is in respect of Onaro Online/Onaro Plus; and

Lamark Australia Pty Ltd collectively or individually referred to as Onaro Foods, Onaro Online & Onaro Plus, us or we in these terms and conditions as the context provides.

Your access to and use of the Site, including your order of Products through the Site/App, is subject to these terms and conditions.

1.2 Your agreement to the terms and conditions

By accessing and using the Site/App, including placing orders of Products through the Site/App, you agree that you will be subject to and will comply with these terms and conditions.

1.3 Registration and use of your account

You must complete the customer registration process through the Site/App before placing an Order for Products through the Site.

You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site/App. You may not have more than two accounts per delivery address.

If you choose to use a workplace email address for your account or to access the Site/App, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

1.4 Your obligations

You:

must ensure that your Login ID and password that is used to access the Site/App and the details of your account are kept in a safe and secure manner;

must notify us if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account;

must promptly advise us of any changes to your information provided to us as part of the customer registration process;

are responsible for any costs associated with your access to or use of the Site/App, including Internet access fees;

are responsible and liable for any person that uses your Login ID and password to order Product(s) through the Site/App;

agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Login ID and password through the Site/App; and

should check the labels on the Products before consumption or use.

You must not:

use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

use the Site/App in a manner or way, or post to or transmit to or via the Site/App any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site/App;

make fraudulent or speculative enquiries, purchases or requests through the Site/App;

use another person’s details without their permission or impersonate another person when using the Site/App;

post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

tamper with or hinder the operation of the Site/App;

knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site/App;

use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site/App;

modify, adapt, translate or reverse engineer any portion of the Site/App;

remove any copyright, trade mark or other proprietary rights notices contained in or on the Site/App;

reformat or frame any portion of the web pages that are part of the Site/App;

create accounts by automated means or under false or fraudulent pretences;

use the Site/App to violate the security of any computer or other network or engage in illegal conduct;

take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

use the Site/App other than in accordance with these terms and conditions; or

attempt any of the above acts or engage or permit another person to do any of the above acts.

1.5 Warranties

You warrant that:

all information and data provided by you to us through the Site/App (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;

the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and

you have and will comply with all relevant laws relating to your use of the Site/App and your placement of any Order to us.

1.6 Suspension of account

We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site/App in a fraudulent or improper manner. Onaro Online/Onaro Plus also reserves the right to cancel Orders.

We may immediately suspend, terminate or limit your access to and use of the Site/App and (where relevant) your account if you breach these terms and conditions and:

the breach cannot be remedied;

you fail to the remedy the breach within 10 days of our notice to you of that breach; or

if there is an emergency.

You may stop using the Site/App at any time and for any reason.

We may stop making the Site/App (or any part of it) available without prior notice. If so, any Orders that we have, accepted will not be affected by this unless the Products that have been ordered are no longer available or we are, prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

If we lock, suspend or delete your account under this clause 1.6, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

1.7 Links on the Site/App

The Site/App may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:

we make no representations or warranties, or have any responsibility or liability for those websites; and

these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

1.8 Accuracy of information on the Site/App

Onaro Online/Onaro Plus attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site/App, is accurate, complete, reliable, current or error-free.

1.9 Safety and refusal or cancellation of Orders, delivery, or your account

We are committed to ensuring the safety and protection of our staff and our delivery partner drivers. As such, we may:

refuse to accept or cancel your Order/s;

restrict or remove access to your account and/or ability to place an Order (whether in relation to your account details, or Delivery Address);

refuse delivery of your Order or delivery of any order to your Delivery Address,

or any such other action we deem necessary where we reasonably suspect that:

you (or someone using your account details or present at the Delivery Address) have:

verbally assaulted any of our staff (whether these staff are in-store, online or via Customer Care) or delivery partner drivers;

physically assaulted or attempted to physically assault any of our staff or delivery partner drivers;

engaged in any offensive, inappropriate or threatening behaviour;

damaged or attempted to damage any of our delivery vehicles;

engaged in any fraudulent or potentially criminal behaviour;

have been issued with a banning notice for any physical store; or

there is a hazard at the Delivery Address which creates an unsafe, dangerous or threatening situation for our staff or delivery partner drivers including (but not limited to):

unsecured pets on the property; or

an inaccessible or dangerous environment such as a very steep or long driveway.

Where we do any of the above, we will endeavour to notify you either at the time of the Order, delivery, pick up or within a reasonable time thereafter, however you agree that such notification (and absence of such notification) does not affect our rights detailed in this clause 1.9.

Ordering and purchasing Products generally

2.1 Ordering Products

You may order Products by selecting and submitting your Order through the Site/App in accordance with these terms and conditions.

Any Order placed through this Site/App for a Product is an offer by you to purchase the particular Product for the price notified (including the other charges and taxes) at the time you place the Order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.

You agree to provide us with current, complete and accurate details when asked to do so by the Site/App.

The following minimum amounts apply to Orders placed through the Site/App:

No minimum order amount for Onaro Online/Onaro Plus Click & Collect orders;

$60.00 for each Delivery Onaro Online/Onaro Plus Order, to get within 20KMs free delivery.

Products ordered via Onaro Online/Onaro Plus are supplied by Lamark Australia Pty Ltd T/A Onaro Foods.

These amounts are subject to change by us from time to time, and will be communicated to you through the Site and/or in these Terms and Conditions.

2.2 Fees and charges

You agree to pay, the following fees and charges in relation to an Order that you place through the Site/App which is accepted (as applicable):

the purchase price of each Product that is ordered;

the delivery or service fee provided to you at the time you selected the relevant delivery or collection window when

the cancellation fee for a Onaro Online/Onaro Plus Order that is cancelled as set out in these terms and conditions; and

any other fees and charges set out in these terms and conditions.

All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable. In respect of Onaro Online/Onaro Plus, where a Product contains taxable and non-taxable parts. GST is apportioned on the basis of the taxable parts of that Product and rounded up to the nearest whole percentage (i.e. GST may not be apportioned on the basis of the taxable parts of that Product only). GST will be remitted by the relevant Everyday Market Partner to the Australian Taxation Organisation on this basis.

The purchase price of each Product is shown on the product list on the Site/App at the time you place your Order. The purchase price of a Product on the Site/App may not be the same or correspond to the prices in any of our supermarkets or in other sales channels for the same Product.

We reserve the right to amend, at any time, the Delivery Fee for our Onaro Online/Onaro Plus Order delivery services.

You acknowledge that:

we, as Onaro Online/Onaro Plus, are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site/App at our supermarket or in other sales channels, or vice versa; and

Just like in our supermarkets, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once your Order has been accepted, no changes will be made to the prices that apply to the Products in that Order.

If a Product that you have ordered is not available and we will provided you with a substitute product.

2.3 Payment methods

You must pay the fees and charges online using the online payment methods in clause 2.3(b).

We are using Stripe as our online payment processing software

We accept the following credit cards:

Visa and Visa Debit;

MasterCard and MasterCard Debit;

American Express;

Diners Club;

Simply Groceries Gift Cards;

If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of the dishonour and cancel your Order.

You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

2.4 Invoices

You will be provided with an invoice for Onaro Online/Onaro Plus Purchases.

We will provide you with a receipt for the Woolworths Products in your Order at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the Order and the out-of-stock items.

Onaro Online/Onaro Plus Orders

3.1 Acceptance or rejection of a Onaro Online/Onaro Plus Order

We reserve the right to accept or reject your Onaro Online/Onaro Plus Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site/App or an error in your Onaro Online/Onaro Plus Order.

If we reject a Onaro Online/Onaro Plus Order placed through the Site/App, then we will endeavour to notify you of that rejection at the time you place that Order or within a reasonable time after you submit that Order.

3.2 Product purchase limits

Unless otherwise indicated on the Site/App, you may only purchase up to 12 items of any Product in each Onaro Online/Onaro Plus Order.

You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Onaro Online/Onaro Plus Order or within a reasonable time after you submit that Order.

If we reasonably believe you are placing multiple Orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.

3.3 Delivery of Onaro Online/Onaro Plus Products

We will only deliver Onaro Online/Onaro Plus Products ordered through the Site/App to a location where we provide delivery services.

You may obtain further information on the Site about how we deliver your Onaro Online/Onaro Plus Products.

Your Onaro Online/Onaro Plus Order may be delivered by our staff or by our delivery partner drivers. Please note that our delivery partner drivers do not wear Onaro Online/Onaro Plus uniforms, and while many of your Onaro Online/Onaro Plus Orders will be delivered in vehicles with Onaro Online/Onaro Plus branding by either our staff or by our delivery partner drivers, there may be some Onaro Online/Onaro Plus Orders that are delivered in plain vehicles.

3.4 Onaro Online/Onaro Plus Click & Collect Service

During the ordering process, you can select a store from which you will collect your Onaro Online/Onaro Plus Order (Click & Collect Service). An estimated collection date & time will be displayed at the time your order is placed.

Our Click & Collect Service is only available from selected stores as shown on the Site/App.

You agree to comply with the following collection requirements specified in this clause and such other requirements that we notify to you when you place your Click & Collect Service Order through the Site/App:

you must collect your order from the store selected by you when you place your order;

if you are collecting your Click & Collect Order from a store:

photographic identification and a signature must be provided when you collect your Onaro Online/Onaro Plus Order; and

If you will not be the person collecting your Onaro Online/Onaro Plus Order then your representative must provide us with proof of their identity (including photographic identification).

If you do not supply the appropriate identification:

we will not allow collection of your Woolworths Order; and

If you do not collect your Onaro Online/Onaro Plus Order within the booked collection window then we may charge you a fee of up to $25 and the charges for any perishable Products in your Onaro Online/Onaro Plus Order that we have accepted. In this instance, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may charge you an additional fee for that replacement Onaro Online/Onaro Plus Order.

You acknowledge that we may record the details of any identification provided in relation to collection of Onaro Online/Onaro Plus order.

3.5 Australia Wide Delivery Onaro Online/Onaro Plus Orders

We use Australia Post Parcel Delivery Service as our delivery partner to deliver orders Australia wide that are over 20kms  from 1/27, Hotham Street, Cranbourne, VIC 3977. Please refer to the Australia Post General Terms & Conditions in this regard,

https://auspost.com.au/sending/parcels-australia

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3.6 Risk and title

Where Onaro Online/Onaro Plus Products are delivered by us:

Risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address);

for Onaro Online/Onaro Plus Orders with Click & Collect Service, risk in the Products passes to you on the date and time of collection from a Onaro Foods stores; and

title to the Products passes to you on the later of the date and time of:

3.7 Cancellation of Onaro Online/Onaro Plus Orders

We may cancel any Onaro Online/Onaro Plus Order or part of a Grocery Order (including any Onaro Online/Onaro Plus Orders that have been accepted) without any liability to you for that cancellation at any time if:

the requested Products in that Onaro Online/Onaro Plus Order are not available; or

there is an error in the price or the product description posted on the Site/App in relation to the relevant Product in that Order; or

that Onaro Online/Onaro Plus Order has been placed in breach of these terms and conditions.

If a Onaro Online/Onaro Plus Order is cancelled in accordance with:

clause 3.7(a)(i) or 3.7(a)(ii) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Onaro Online/Onaro Plus Order. If any payment has been taken for the cancelled Grocery Order, then the full payment amount, or other fees and charges, will be refunded to your original payment method or through an alternative means.

if your Onaro Online/Onaro Plus Order is cancelled under clause 3.7(a)(iii), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation.

if you cancel an Order that has been accepted by us:

before the day of delivery or collection, then no fees or charges will apply to that cancellation; and

on the day of delivery or collection, then we may charge you a cancellation fee of the lesser of $20.00 or the costs to Onaro Online/Onaro Plus arising from the cancellation plus the charges for any perishable Products that were ordered.

3.8 Amending your Onaro Online/Onaro Plus Order

You can amend your Woolworths Order at any time prior to:

Onaro Online/Onaro Plus Order dispatch or pick up from Onaro Foods stores

3.9 Substitution of Onaro Online/Onaro Plus Products

You acknowledge that a Onaro Online/Onaro Plus Product that you order may be out of stock or temporarily unavailable. If this happens, then we may not be able to provide you with that Product.

If we are unable to provide you with a Product, for Onaro Online/Onaro Plus Orders, we will endeavour to automatically provide you with a substitute Product:

when the Product you have selected is not available; or

if we are not able to supply to you the Product that you have selected.

We aim to select substitute Products that are of similar value and quality, but we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.

For Onaro Online/Onaro Plus Orders, we will endeavour to provide you with a substitute Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Product you ordered rather than the price of the substitute Product.

Where a Product that you have selected is substituted with another Product, we cannot ensure that that substitute Product caters to your specific dietary requirements, including allergies. Please read the labels of each Product (and any substitute Product provided to you) for dietary and allergy information.

3.10 Unavailable or missing items

For Onaro Online/Onaro Plus Orders paid for using some payment methods (including debit and credit cards) we may charge you the full amount at the checkout and refund you for any out-of-stock items at the time we pick your Order.

If there are any Products missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your card of purchase for the Products that were not supplied.

3.11 Returns

The Onaro Foods Supermarkets Returns Policy applies to all purchases of the Products using the Site/App and forms part of these terms and conditions.

If you wish to return the Product in accordance with our Onaro Foods Supermarkets Returns Policy, then you may:

return the Product to one of our supermarkets; or

contact us to make arrangements to return that Product.

The Onaro Foods Supermarkets Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 4.1.

General

4.1 Liability

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and

to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Our supplier Partners, not us, are responsible for providing you with remedies under the Australian Consumer Law for major and non-major failures in respect of Products supplied by them.

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Onaro Online/Onaro Plus’s liabilities under those provisions:

you acknowledge that each Site/App is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site/App or a Product for any purpose;

we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site/App or the subject matter of this agreement; and

we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

4.2 Intellectual property rights

You:

acknowledge that the copyright in the Site/App, the software, design, text and graphics comprised in the Site/App, the selection and layout of the Site/App and the content and materials on the Site/App (together, the Materials), are owned by or licensed to us;

acknowledge that the listing content and materials that appear on the Site/App in relation to Onaro Online/Onaro Plus are owned and licensed to us;

must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

must not frame or embed in another website any of the material appearing on this Site/App without our prior written consent.

You may:

store a reproduction of the content on this Site/App on your local computer for the sole purpose of viewing the content and Materials; and

print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

This Site/App contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site/App or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site/App that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.

4.3 Changes to these terms and conditions

We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.

If you have a Onaro Online/Onaro Plus Order that has been accepted by us, the terms and conditions that will apply to the relevant Order are the terms and conditions that are applied at the time you place your Order.

4.4 Severability

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

4.5 Jurisdiction

This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

4.6 Privacy and Commercial Electronic Messages

Our Privacy Policy is available to see part of these terms and conditions. You acknowledge that you have read our Privacy Policy, and understand that they govern your use of the Site/App and the Site/App’s related services, including purchasing goods and services from using the Site/App.

You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by Onaro Online/Onaro Plus from Onaro Foods via those channels or media. Your agreement to receive commercial electronic messages from Onaro Online/Onaro Plus from Onaro Foods will be effective until you opt out.

You may opt out of the receipt of commercial electronic messages sent by Onaro Online/Onaro Plus from Onaro Foods by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving customer surveys, requests for feedback and market research (Customer Feedback Messages). If you wish to only opt out of Customer Feedback Messages, you may opt out by using the unsubscribe facility in the footer of any Customer Feedback Message (this won’t opt you out of other commercial electronic messages sent by Onaro Online/Onaro Plus). If you opt out receiving commercial electronic messages sent by Onaro Online/Onaro Plus from Onaro Foods, you will still receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or our collection notice, privacy policy, account transactions or other information relating to products you have purchased.

4.7 Terms and Conditions of Onaro Plus App

By using the Onaro Plus Application (App), you agree to be bound by these Onaro Online/Onaro Plus Terms and Conditions. Using the App also involves you providing your personal information and location to us.

When accessing this App, we need you to be aware of the following product and service specific information:

Safety – This App is not intended to be used while driving. You must comply with the Road Rules and not use the Application or your mobile device in any manner contrary to the Road Rules. The Road Rules provide that it is an offence for a driver to use a mobile phone that the driver is holding in his or her hand.

Specials and Weekly Catalogue – Items on sale for the period specified, unless sold out earlier. Limits per customer may apply. Some Products or varieties may not be available in all Onaro Foods stores or at Onaro Online/Onaro Plus. Specials may not be available in all Onaro Foods stores or at Onaro Online/Onaro Plus. Multibuys apply for the purchase quantity advertised.

In-Store and Online Specials – The Products advertised as an In-Store and Online Special are available customers to buy in both.

In-Store Only Special – The Products advertised as an In-Store Only Special are only available in store. If you select the Online Delivery mode these special will not apply.

Online Only Specials – The Products advertised as an Online Special are available to customers who place an order for delivery or Click & Collect only.

Store Finder – Trading hours correct at time of publication. See in-store for latest information.

Pricing – The purchase price of each Product is shown on the Product Detail page in the App at the time you place your order. The purchase price of a Product will depend on which mode of delivery you have selected. The purchase price of a Product on the App may not be the same or correspond to the prices in any of our supermarkets for the same Product.

You acknowledge that:

there is no requirement on us to match any prices for any Products, including matching any prices for a Product that is available through the App at our supermarket or vice versa; and

Just like in our supermarkets, prices for Products change from time to time and we do not provide any notice of these changes.

Privacy Policy – Lamark Australia Pty Ltd T/A Onaro Foods is committed to supporting the ‘Australian Privacy Principles ‘ which set clear standards for the collection, access, storage and use of personal information which we obtain as part of our business operations. Our respect for our customers’ right to privacy of their personal information is paramount. We have policies and procedures to ensure that all personal information, no matter how or where it is obtained, is handled sensitively, securely, and in accordance with the Australian Privacy Principles. Our Privacy Policy is available to see .

Health and Wellbeing – The information and recipes contained within this App is for general information purposes only; it should not be considered professional medical or health advice. Please consult your doctor or health professional for specific nutritional needs.

App usage – This App has been tested and operates on open source third generation and above. By using this App, you agree that the Application Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application.

Definitions

Capitalised terms used in these terms and conditions have the meanings set out below:

App has the meaning given in clause 4.7.

Contact Hours means Customer Service Centre operating hours, Monday to Friday 6.00 am to 12.00 am (6am to 1am in daylight saving time), Saturday 6.00 am to 10.30 pm and Sunday 6.00 am to 10 pm Australian Eastern Daylight Time.

Delivery Address means the address (or collection location) specified by you for the delivery of Products that we or our delivery partner, will supply to you under these terms and conditions. In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier or postal outlet to which we, or our delivery Partner, will deliver the Products.

Delivery Fee has the meaning given in clause 2.2(ii).

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

Login ID means the email address that you provided to us as part of the registration process to use the Site.

Materials is defined in clause 6.2(a)(i).

Order means any order for a Product or Products submitted using the Site or App.

Pick Up Service is defined in clause 3.4(d)

Product means each good or service that is advertised for purchase by you on the Site.

Site is defined in clause 1.1(a).

Supplier Partner is the party who supplied the products that are available to buy at Onaro Foods stores, www.onaroonline.com or Onaro Plus Application.