These terms and conditions apply to the use of this website, including the purchase of goods or services over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
In these terms and conditions, the expressions we, us and our are a reference to M&J Chickens. “M & J Chickens” means M & J Chickens Pty Ltd ABN 92 626 875 465.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Subject to our credit application:
- you may offer to purchase goods or services described on this website for the price specified on this website. Your order must contain your name, email address, credit card details and any other ordering information specified on this website;
- within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase our goods or engage our services;
- you may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non‑acceptance of that offer.
If we have not responded to you within seven days, your offer will be deemed to be rejected.
We give no undertaking as to the availability of products advertised on this website.
Delivery of the goods or supply of the services to you will be effected in the manner described on this website.
Title in the goods does not pass to you until payment has been received.
Risk of loss or damage to the goods passes to you upon dispatch.
Payment must be effected in the manner described on the website. Prices are exclusive of goods and services tax, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
The goods and/or services are offered for sale only to persons who can make legally binding contracts.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged or any other way in which payment is charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card or any other type of payment has been charged for the purchase, we will immediately issue a credit in a way and form at our sole discretion for the amount in question.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed only to the extent that it is required by law then it will only be limited for a breach of that condition or warranty to one or more of the following:
(a) If the breach relates to goods,
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods.
(b) If the breach relates to services,
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again;
and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions. In the event we are held liable for whatever reason (which we deny), we will only be limited to our insurance cover. For the avoidance of doubt, we cannot be held liable for any amounts that are in excess of our capped insurance coverage.
Returns and Exchanges
Due to the perishable nature of our goods we do not accept returns and exchanges under any circumstances unless contamination has occurred prior to the risk of the goods passing from us to you in accordance with these terms and conditions and with proof.
We do not represent or warrant that the functions contained in this website including on linked websites will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
We do not make any warranties or representations regarding the use of materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise to the extent permitted by law.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods or services acquired from us over this website will meet your requirements.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website,
without our written permission.
This website includes registered trade marks owned by us (or our licensors) including, but not limited to M&J Chickens, all service marks and trade names of “M&J Chickens” used on this website and our company logo. For the avoidance of doubt, this includes but is not limited to any trademarked names, images, logos, goods, services, company names, company phrases etc.
You must not use any of our trade marks (including but not limited to “M&J Chickens”):
- in or as the whole or part of your own trade marks or business name or company name;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
You must not authorise or assist any person to do any of the acts specified above.
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on‑sell information obtained from this website.
This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
How we handle emails
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble‑shooting or maintenance purposes or if any form of email abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
To Return to the Website
General Use of Website
Harassment in any manner or form on the website, including via email, chat or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a M&J Chickens or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
M&J Chickens does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, M&J Chickens is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. M&J Chickens reserves the right to block or remove communications or materials that it determines to be:
- abusive, defamatory or obscene;
- fraudulent, deceptive or misleading;
- in violation of copyright, trademark or other intellectual property rights of another; or
- offensive or otherwise unacceptable to M&J Chickens in its sole discretion.
You agree to indemnify, defend and hold harmless M&J Chickens, its officers, directors, employees, agents, licensors and suppliers (collectively, the Service Providers) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your M&J Chickens account.