Warranties

Moon Delight warrants to the Customer that:

the Food provided is consistent in all material respects with the description and/or image advertised and represented by Moon Delight.
the Food delivery to the Customers is fit for human consumption and complies with all applicable Australian food service, manufacture and safety standards, the Food Standards Code (available at http://www.foodstandards.gov.au/code/pages/default.aspx), regulations, and laws; and

Moon Delight complies at all times with the Australian Consumer Law.

Acknowledgment

The warranties in clause 1 are given by Moon Delight on the understanding that you acknowledge and agree:

Moon Delight cannot guarantee any Food product that it supplies will be free from any allergen or that it will not cause an allergic reaction to a Customer or children;

while all reasonable care is taken in sourcing its ingredients, Moon Delight cannot be responsible for any allergen or other defect in the ingredients provided by a supplier or material non-disclosure on the part of a supplier to Moon Delight;

the Customer is responsible for informing Moon Delight of any allergy the Customer or the Customer’s children may have to certain foods. If you have a serious allergy, then in the absence of any specific agreement with Moon Delight concerning the supply to you of appropriate Food, it is advisable you do not purchase Food from Moon Delight as it cannot guarantee the complete absence of such ingredients from its Food;

although Moon Delight Food products are made fresh prior to delivery, there may be slight discrepancies in the actual weight of meals and reasonable variants in ingredients or nutrient qualities.

Liability

In respect of these terms and conditions:

to the fullest extent permitted by law, we exclude all representations, warranties, or terms (whether expressed or implied) other than those expressly set out in these terms;

these terms are to be read subject to any 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). To the extent such law applies, we limit our liability in respect of any claim to, at our option:

the supply of the services again; or

the payment of the cost of having the services supplied again, but in respect of any liability which cannot be excluded in accordance with the above provisions, then our liability (to the extent that it is lawful) is limited to payment in the amount of $10.00 or the minimum amount permissible by law if greater than $10.00;

you are responsible for your breach of these terms or any other agreement with us and indemnify Moon Delight against any claims, liability, costs, and expenses incurred by Moon Delight to the extent they are caused or contributed to by the Customer or arise out of any material non-disclosure by the Customer.

Delivery

If you are not at home at the 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. Moon Delight will have no liability for any damage to the Food if left outside for extended periods of time or if the Food container is damaged or stolen after delivery.

The Customer is responsible for providing the correct delivery address details at the time of ordering.

If you are picking up your Food order from a Moon Delight location, it is your responsibility to pick up the Food order on the day of delivery within the specified timeframe.

It is the responsibility of the Customer to inform Moon Delight if an order does not arrive. If Moon Delight is advised that an order has not arrived on the due date, it will make inquiries and ensure delivery occurs as soon as possible, but Moon Delight will not be liable for any loss or damage resulting from late delivery.

Payment

1. All deposits must be made in Via direct bank transfer before the food order can be delivered. Failure to make the required deposit will result in the order not being processed.

2. In the event of a failure to execute the contract for reasons other than force majeure, a default fee of $50 will be charged after 7 days.

3. For general customers: Once a session has begun, all fees must be paid on the first delivery day. Failure to do so may result in the suspension of services.

4. For HCP/NDIS customers:Upon approval, customers will be notified and able to place orders, with an upfront payment of 30% of the total amount due.

5. We will coordinate with the Care Provider to collect the remaining 70% of the funds. If the Care Provider fails to make the remaining payment, the customer assumes full responsibility for the payment of the outstanding balance.

6. Any disputes or discrepancies regarding payments shall be resolved in accordance with the laws and regulations governing contractual agreements.

Acceptance and Cancellation of Orders

Moon Delight reserves the right to:

accept or reject your order for any reasons such as the unavailability of any product or service, an error in the price of the Food order or service, or an error in your order;

not provide goods or services, remove or cancel orders (or part thereof) in the sole discretion of Moon Delight at any time, including as a result of force majeure events outside the control of Moon Delight which may prevent the provision of goods and services.

Privacy

Moon Delight will use all reasonable endeavors to meet its obligations under the Privacy Act 1988 and the Australian Privacy Principles (Australian Privacy Law).

The personal information that you provide to Moon Delight is required to provide its products and services to you and may be used to provide you with information and updates concerning Moon Delight services and products but is only supplied to a third party when it is required for the delivery of our services.