CARSNACKS CONSUMER TERMS AND CONDITIONS
Effective Date: 14 May 2025
1. RECITALS
1.1 Carsnacks Pty Ltd (ACN 685 351 866) ("Carsnacks", "we", "us", "our") operates an online technology platform (“Platform”) that connects consumers (“Users”, "you") with independent third-party merchants ("Merchants") and delivery service providers ("Delivery Partners") for the purchase and delivery of food, beverages, and related goods (“Products”).
1.2 These Terms and Conditions (“Terms”) govern your access to, and use of, the Platform, including your placement of Orders and participation in Carsnacks' services.
1.3 By accessing, using, registering with, or placing an Order through the Platform, you accept and agree to be bound by these Terms and the Carsnacks Privacy Policy.
2. DEFINITIONS
Account means a registered user account created by you on the Platform.
App means the Carsnacks mobile application.
Merchant means a third-party restaurant, food outlet, or other business listed on the Platform.
Order means a request by a User to purchase Products via the Platform.
Products means the goods offered for sale by Merchants.
Services means services provided by Carsnacks to facilitate Orders and deliveries.
3. INTERPRETATION
3.1 Headings are for convenience only and do not affect interpretation.
3.2 A reference to “including” is not to be interpreted as limiting the meaning of the general words preceding it.
4. ELIGIBILITY
4.1 You must be:
- At least 18 years of age;
- Capable of forming a legally binding agreement; and
- Using the Platform solely for lawful, personal, non-commercial purposes.
4.2 You represent and warrant that all information provided upon registration is true, accurate, complete, and current.
5. ACCOUNT CREATION AND MANAGEMENT
5.1 To access certain Platform features, you must register and maintain an Account.
5.2 You agree to:
- Maintain the security of your Account credentials;
- Notify Carsnacks immediately of any unauthorised use of your Account;
- Be fully responsible for all activities that occur under your Account.
5.3 Carsnacks reserves the right to suspend or terminate your Account if you breach these Terms.
6. ORDER PROCESS
6.1 By placing an Order, you are making an offer to purchase the selected Products from the Merchant under these Terms.
6.2 An Order is not confirmed until:
- The Merchant accepts the Order;
- Carsnacks confirms acceptance via the Platform.
6.3 Orders may be declined or cancelled by the Merchant or by Carsnacks at any time before delivery without liability.
7. FEES, CHARGES, AND PAYMENT
7.1 Prices for Products are determined by Merchants and displayed on the Platform.
7.2 In addition to the Product prices, you may be charged:
- Delivery Fees;
- Service Fees;
- Small order surcharges (if applicable);
- Other surcharges (e.g., late night or public holiday fees);
- Taxes as required by law.
7.3 All prices and fees shown are inclusive of GST unless otherwise stated.
7.4 Payment must be made at the time of placing the Order, using a valid accepted payment method.
7.5 By providing payment details, you authorize Carsnacks to:
- Charge the full amount to your selected payment method;
- Adjust charges if there is an error or a change in your Order.
7.6 Carsnacks uses third-party payment processors. You agree to their terms when completing a transaction.
8. CANCELLATIONS, REFUNDS, AND ORDER ISSUES
8.1 User Cancellations
You may cancel an Order only before Merchant acceptance via the Platform interface. If a cancellation occurs after Merchant acceptance, you may still be charged in full.
8.2 Merchant or Carsnacks Cancellations
If the Merchant or Carsnacks cancels your Order after payment, you will receive a refund for the amount paid.
8.3 Incorrect, Missing or Damaged Products
If Products are materially different, missing, damaged, or unsafe, please report it via the Platform immediately. Refunds, credits, or other remedies will be provided in accordance with Carsnacks' Refund Policy and the Australian Consumer Law.
8.4 Discretionary Refunds
In some cases, Carsnacks may provide goodwill refunds, credits, or discounts at its sole discretion.
9. USER CONDUCT
9.1 You agree to use the Platform in accordance with all applicable laws and not to:
- Violate any rights of others;
- Interfere with or disrupt the operation of the Platform;
- Transmit harmful or illegal content;
- Attempt to gain unauthorized access to systems or data.
10. INTELLECTUAL PROPERTY
10.1 All intellectual property rights in the Platform and its content belong to Carsnacks or its licensors.
10.2 You may not reproduce, modify, distribute, or otherwise use the Platform or its content without our prior written consent.
11. THIRD-PARTY LINKS AND SERVICES
11.1 The Platform may include links to third-party websites or services that are not owned or controlled by Carsnacks.
11.2 We do not endorse or assume responsibility for any third-party content or services.
12. PRIVACY
12.1 Your privacy is important to us. Please refer to our Privacy Policy for information about how we collect, use, and disclose personal information.
13. DATA SECURITY
13.1 We take reasonable steps to protect your personal data, but we cannot guarantee complete security.
13.2 You are responsible for safeguarding your Account credentials.
14. DISCLAIMER
14.1 The Platform and Services are provided “as is” without warranties of any kind.
14.2 We do not guarantee the accuracy, completeness, or availability of the Platform or the Products.
15. LIMITATION OF LIABILITY
15.1 To the maximum extent permitted by law, Carsnacks is not liable for any indirect, incidental, or consequential damages arising out of your use of the Platform or Services.
15.2 Our total liability to you for any claim is limited to the amount paid by you for the relevant Order.
16. INDEMNITY
16.1 You agree to indemnify Carsnacks against any losses, damages, liabilities, and expenses arising from your breach of these Terms or misuse of the Platform.
17. FORCE MAJEURE
17.1 Carsnacks is not liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, pandemics, labor shortages, or technical failures.
18. TERMINATION
18.1 Carsnacks may suspend or terminate your access to the Platform at any time, with or without notice, for any reason.
18.2 Upon termination, these Terms will continue to apply to any obligations or liabilities incurred before termination.
19. VARIATION
19.1 Carsnacks may amend these Terms from time to time. Updated Terms will be published on the Platform with a new effective date.
19.2 Continued use of the Platform after any changes constitutes acceptance of the updated Terms.
20. ASSIGNMENT
20.1 You may not assign your rights or obligations under these Terms without Carsnacks’ prior written consent.
20.2 Carsnacks may assign or transfer these Terms without restriction.
21. GOVERNING LAW
21.1 These Terms are governed by the laws of Queensland, Australia.
21.2 Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland.
22. ENTIRE AGREEMENT
22.1 These Terms constitute the entire agreement between you and Carsnacks regarding the Platform and Services, superseding all prior agreements.
23. CONTACT DETAILS
Carsnacks Team
Email: Support@carsnacks.com
Address: 22 Pearl Street, Cannonvale QLD 4802