The wholekids.com.au website is operated by Nourish Foods Pty Ltd ABN: 83 101 453 847. The use of this site is governed by the policies, terms and conditions as set out below. By using this site, you agree and accept our terms and conditions. Please read them carefully.
Any order placed by you on this website is an offer to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Nourish Foods Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.
Credit Card Payments
All orders are subject to pre-authorisations checks to ensure sufficient funds are available and to confirm the validity of the payment method. Authorisations will appear as pending charges on your card, but you will only be charged once for a single order when it is despatched. Orders cancelled before shipment will still have this authorisation held.
Limitation of liability
Nourish Foods maximum liability to you for products purchased from our website shall be limited to the refund of the purchase price you have paid for the products. Nourish Foods will not be liable for any property damage, personal injury, loss of use, interruptions of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages, however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise except which it is unlawful to exclude.
Nourish Foods is not liable for any losses or damages caused by any website linked to or from this website.
We aim to deliver your order as quickly as possible, however delivery times provided by Nourish Foods are estimates only. Nourish Foods will not be held liable for late deliveries or loss or damage relating to late deliveries. Nourish Foods will not be held liable for any unforeseen damage or theft to your order when left in a designated area by you.
By agreeing to our terms and conditions you acknowledge all information as detailed under our Shipping & Delivery policy.
Acceptance of the Goods
The buyer is responsible for inspecting the goods for fault and notifying us within 5 working days of receiving the goods should there be a fault.
Change of Address
The shipping address for your order is shown in the checkout and under My Account information. In the event that an incorrect address was entered, address changes can only made until the order begins processing. Nourish Foods cannot accommodate all address change requests. Nourish Foods takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss associated.
Prices of products and delivery and other charges displayed on this website are current at the time of issue, but are subject to change without notice. All credit cards are charged in Australian Dollars.
Prices displayed on this website are inclusive of GST.
Returns and Refunds
All requests for refund must be made within 7 days. Please read our Returns & Refunds Policy for further details.
If notified before goods have been dispatched, SurfStitch.com can accommodate order cancellations. If items have been shipped, Nourish Foods reserves the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.
Copyright and Trademarks
This site is owned and operated by Nourish Foods Pty Ltd. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, packaging artwork and design, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Nourish Foods Pty Ltd. Where third party images or content has been used, all appropriate approvals and licences regarding the use of such material on our site has been obtained or the ownership source has been noted and acknowledged next to each material.
You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.
No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Nourish Foods Pty Ltd.
All rights not expressly granted herein are reserved.
“Whole Kids®”, “Nourish®”, “Nourish Foods®”, “real people, real food, real good®”, and “Frooshies®” and all registered trademarks of Nourish Foods Pty Ltd.
Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Nourish Foods shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
Nourish Foods shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is cancelled, Nourish Foods shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Nourish Foods is not responsible for the operation of or content located on or through any such site.
Nourish Foods does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Nourish Foods will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information.
While the information contained in the website is believed to be accurate and current, Nourish Foods Pty Ltd, the company’s directors, officers and employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.
The website is for use in Australia only and complies with Australian laws. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
Inviting friends and earning referral credit
When you invite friends to join the Whole Kids community, you will receive a $20 Referral Credit for each friend who makes a qualified first purchase. Your friend must be a new member (this offer excludes returning or existing members) and must live in a different household to you.
You will only receive a Referral Credit for your friend’s first qualified purchase if the purchase was a result of an invite from you via an authorized referral method. If your friend does not click on the personal referral link in their invite email or other invite mechanism to accept your invitation, or if your friend purchases from a different device than the one used to get the discount code, you may not receive a Referral Credit and we will have no liability to you because there is no discernible way to identify that the purchase resulted from your referral.
A qualified purchase is considered to be a minimum $40 purchase on our website: wholekids.com.au. There is no limit to the amount of Referral Credits you can earn; however you cannot accumulate the credit. That is, you cannot use multiple Referral Credits in a single purchase on our website. Only one Referral Credit can be used for each future purchase you make.
You can track your Referral Credits by logging into your rewards page.
The program is limited to Australia.
Spending Referral Credit
Referral Credits are valid until the 31th of January 2015.
You can check the amount of Referral Credits you have earned at any time by visiting your rewards page.
Prohibitions and Cancellation
Referral Credits cannot be transferred between users. Credits cannot be bartered, exchanged or sold.
Referral Credits are a promotional offer and are not a payment instrument. Referral Credits are issued without any exchange of money or value to you and you have no vested property right or interest in them.
Referral Credits have no cash value by themselves; they are only deemed to have a notional cash value of $20 if they are used in connection with an eligible purchase on our site.
We reserve the right to limit or cancel your Referral Credits in our sole discretion if we determine that you have violated these Terms of Service, including through fraudulent or misleading referral activity (for example, by inviting fake people to join Whole Kids, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us). You may also be liable for civil and/or criminal penalties under applicable law.
Changes to Referral Credit Terms
We reserve the right in our sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include, without limitation, how you may earn and spend Referral Credits, how long Referral Credits last, minimum purchase amounts with which Referral Credits may be used and the lifetime maximum amount of Referral Credits that you may earn.
Nourish Foods Pty Ltd (Whole Kids)
Office: Level 1 / 370 Bay Street, Port Melbourne, Victoria, 3207 Australia
Postal address: PO Box 1191 South Melbourne, Victoria, 3205, Australia
Contacting this Website
If you have any questions about these Terms & Conditions, please contact us at email@example.com