In these terms and conditions, the expressions we, us and our are a reference to Oppenheimer Pty Ltd.
Use of the Platform
If you use this Platform, you agree your use is for personal use only and that you are bound by the terms and conditions listed below.
You represent and warrant that your use of the Platform will not:
- violate any laws or regulations;
- violate any third party terms such as your mobile phone or internet service provider agreement;
- be false or misleading;
- infringe any third-party rights, including intellectual property rights;
- distribute malicious code or viruses;
- threaten our infrastructure or affect the quality of access to the Platform;
- collect personal information about other users; or
- jeopardise the security of the Platform or any users' account.
You understand that:
- you are responsible for maintaining the confidentiality and security of your personal information such as usernames, passwords, residential address, date of birth and payment methods;
- unless you log out of the Platform, you may remain logged in even after your browser or the App is closed;
- your access to the Platform may be withdrawn at any time without notice if you breach any provision of these terms and conditions;
- these terms and conditions survive any withdrawal of access to the Platform;
- you are fully responsible and liable for the actions of any individual who accesses the Platform using an electronic device which remains logged in; and
- the App may not operate in the same manner or functionality as our Website.
If you do not accept these terms and conditions, you must refrain from using the Platform.
By logging in to your account, you can order our products via the Platform. We may accept or reject your order in our discretion which we will notify to you via email. If we reject your order, we will refund you any money paid.
You understand and acknowledge that by ordering products via the Platform, your order is deemed to be an express intention to order the product for the stated price and you indemnify us from all claims, expenses, losses, damage and liability as a result of any act or omission directly or indirectly arising from ordering products on the Platform.
If the order is accepted, and full payment has been made, we will:
- make the ordered products available for collection at the collected point stipulated in the order; or
- deliver the ordered products to the nominated delivery address specified at the time you submitted your order (provided it is within our Delivery Area) (Delivery Address). If a specific suite, flat, apartment or other designation is provided we will deliver to the building or complex entrance only. We take no responsibility as a result of products that are damaged or missing as a result of you nominating an incorrect delivery address or requesting the products be left unattended. See Delivery terms below for further details.
If adding additional products/snacks to your meal plan, you agree to receive these additions in your first delivery. You acknowledge that any timeframes given by us in relation to the collection or delivery are an estimate only, and are not binding on us.
'Click to Stick' Subscription Plan Policy
You may subscribe to a Subscription Plan via the Platform. We may accept or reject your subscription in our discretion which we will notify to you via email. If we reject your subscription, we will refund you any money paid.
Once you have subscribed to a Subscription Plan, the Products applicable to the Plan will be delivered weekly or fortnightly, depending on your Plan. The Subscription Plan will continue until you notify us of your request to cancel the plan in accordance with the cancellation policy below.
You will be charged for your first order at the time you subscribe to a Subscription Plan. All subsequent and recurring payments will be made according to the listed price for the applicable Subscription Plan. You have the option of subscribing to a weekly or fortnightly Subscription Plan. Payments will be drawn from your nominated account prior to the next scheduled delivery, depending on your chosen Plan, or until your Subscription Plan is cancelled.
Orders for each weekly or fortnightly Subscription Plan, as applicable, must be placed before midnight (Australian Eastern Standard Time) each Monday 00:01am or second Monday 00:01am, as applicable, prior to the next scheduled delivery.
You may cancel or modify your subscription at any time. However, any payments which have been paid prior to the cancellation may not be refunded at our discretion. In order to cancel your Subscription you must cancel your plan in accordance with the cancellation policy and notification requirements provided below.
If the Subscription Plan is accepted, and full payment has been made, we will deliver the products within the Subscription Plan for the relevant period to the nominated delivery address specified at the time you subscribed (provided it is within our Delivery Area) (Delivery Address) See Delivery terms below for further details.
Temporarily Suspending Subscription Plans / Modifying Subscription Plans
If you wish to temporarily suspend (pause) your Subscription Plan, you must provide us with at least one week's notice prior to your next scheduled delivery.
Your Subscription Plan may be temporarily suspended (paused) for up to a maximum period of four (4) weeks, after which your Subscription Plan will resume unless cancelled by you. See our cancellation policy below for further details.
Purchasing and Billing Policy
By agreeing to these Terms, you warrant and acknowledge that you have the legal right to provide the Payment information and to make payments using the Payment Information. You also authorise us to use the Payment Information in any way we consider necessary to process payments in accordance with these Terms.
By agreeing to these Terms and placing an individual order for a Product, you will be charged the applicable fees for the product orders that you place on each individual basis.
By entering into these Terms and subscribing to a Subscription Plan, you accept and acknowledge that the Subscription Plan you have selected requires recurring payments which will be directly debited from your nominated account using the Payment Information you have provided at the times identified above. You also accept and agree that we may also authorise your payment using the Payment Information from time to time in payment of fees and charges applicable to your Subscription Plan.
Delivery of products
Products ordered in accordance with the above Ordering terms, will be delivered in accordance with the following:
- Please refer to the website for detailed product information and all nutritional information. Even though an item may be listed as free from a direct ingredient, please note - we cannot guarantee against cross contamination, so trace elements may be present. Whilst we aim to provide up-to-date images of our products, the products actually delivered may differ in presentation and in accordance with seasonal availability.
- Products will only be delivered once full payment has been received. If you cancel your order, we may charge you a cancellation fee.
- Delivery is only available to residential and business premises within the following areas: Sydney, Melbourne, Brisbane, Canberra, Adelaide, Perth (Delivery Areas). Click here for a full list of the Delivery Areas. Orders for delivery outside of the Delivery Areas will not be processed.
- If you have tailored delivery requirements, we will endeavour to meet those requirements, however, we require two weeks' notice in writing detailing your particular delivery requirements.
- After ordering, you will receive an email confirmation containing your order details to the email address you provided.
- You cannot alter your delivery day for your area and must adhere to the company delivery schedule. We are unable to adhere to requests for specific delivery times.
- The delivery addresses and days cannot be altered. Customers may request alterations to addresses and delivery days to firstname.lastname@example.org.
- Customers must notify THR1VE if they have received an incorrect product or are missing a product within 24 hours of delivery
- We will use our best endeavours to deliver your order on the agreed day but cannot provide specific timeframes for delivery. Delivery may occur at anytime within 48 hours of the selected day.
- We will deliver your order to the Front Door of the Delivery Address. If the Delivery Address is passed a secure access point and access is not granted, the order will be left at the main entrance to the building. If you specify a location for delivery that is not the front door or past a secure access point you agree to accept all liability and indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of the delivery of your order beyond the front door. If you cannot be home to accept delivery we recommend that you nominate a cool, safe location for the products to be stored. We do not recommend that products remain outside for lengthy periods of time. If there is someone present at the Delivery Address who receives the order, we will assume that they have the relevant authorisation to do so. For the purposes of this paragraph, Front Door means the front door or other point beyond which entry to the interior of the building begins and for the purposes of a commercial property, multi-dwelling property or similar, front door means the entrance to that commercial property or multi-dwelling property and not the entrance of an individual suite, apartment, flat or otherwise.
- Once your order is delivered to the front door of the Delivery Address, risk and title of the products pass to you.
- We will use reasonable care in providing this service to you.
- We will not be in breach of this agreement or liable for any failure or delay in the performance of our obligations under this agreement to the extent that the failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission by the Customer. Force Majeure Event means any occurrence or omission outside a party's control and includes products not being available, any failure of a third-party supplier or service provider, physical natural disaster, war or other state of armed hostilities, insurrection, riot, civil commotion, act of public enemies, national emergency, declaration of martial law, epidemic or quarantine restriction, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency, law taking effect after the date of this agreement, strike, lock-out, stoppage, labour dispute or labour shortage.
- Free deliveries may be restricted to selective postcodes, cities or regions and may only apply under certain business conditions such as minimum order values, number of products or order frequency.
For the purposes of this clause,Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Sydney or Melbourne.
Delivery of Products - liability
- All of our products are provided fresh to you and care should be taken to adhere to all guidelines in relation to food storage, preparation, best before and use by dates. You agree to accept all liability and indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out your failure to comply with these guidelines. If a product smells or tastes as if it is not fresh do not consume it and notify us immediately.
- If it is not contrary to law and it is reasonable and fair to do so, we limit our liability arising from any breach of warranty whether express or implied to: in the case of a supply of goods, us replacing the goods or supplying equivalent goods, or in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
- We will be responsible for loss suffered by you (where that loss was reasonably foreseeable at the time) due to personal injury or death which was caused by our negligence, or loss suffered by you caused by a material breach of a material term of this Agreement by us.
- Subject to the preceding paragraph (h) and to the extent permissible at law, we will not be liable for Consequential Loss suffered or incurred by you in connection with this agreement. For the purposes of this clause Consequential Loss includes: loss of bargain; loss of revenues; loss of reputation; indirect loss; loss of profits; consequential loss; loss of actual or anticipated savings; lost opportunities, including opportunities to enter into arrangements with third parties; and loss or damage in connection with claims against you by third parties.
- For clarity, the limitations contained in the preceding paragraphs do not apply to any implied condition or warranty by legislation which will not permit our liability to be limited.
Cancellation, Returns & Refund Policy
- To cancel your order, you must contact our customer services team directly at email@example.com - THR1VE has no obligation to cancel your order and refund you any money.
- Due to the nature of our business, we require the following notice to successfully cancel your order:
- For individual product orders, a minimum notice of 48 hours' notice prior to order cut off;
- For a weekly Subscription Plan, a minimum of 7 days prior to the next scheduled payment; and
- If you have received a delivery in error, you must contact THR1VE within 5 hours of receipt of goods. Failure to do so will confirm your acceptance of the delivery and you will be charged accordingly.
- If the delivery is rejected or refused, items will return to THR1VE and customers will be required to make arrangements to pick-up within 48 hours. Customers bear all costs associated with the refusal and return of any order to our kitchen.
- If there has been a confirmed error by THR1VE, we will refund payment accordingly.
- If it is the case where products are returned to THRIVE, products and orders must be returned in their original condition.
Intellectual property rights statement
All intellectual property rights in the Platform, including design, text, graphics, logos, icons, sound recordings and all software relating to the Platform belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.
You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Platform), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or App or create derivative works from any part of the Platform or commercialise any information obtained from any part of the Platform without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.
You agree to immediately inform us if you consider any part or content of the Platform infringes any third party intellectual property rights.
Communication between Thrive & Customer
THR1VE uses personally identifiable information for essential communications, such as emails, SMS messages, account details, and customer service details. We may also use this information for other purposes, including weekly promotional email communication, SMS reminders, newsletters and offers. If at any time you do not wish to receive such correspondence, you can request to be removed from any mailing lists by unsubscribing using the link provided in all email communication, or emailing us at firstname.lastname@example.org
or by calling us.
We do not collect your personal information for any third party agent/service providers not related directly to THR1VE.
THR1VE may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. THR1VE does not share any customer information with third parties for any unknown or unrelated uses.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to the Platform is transmitted at your own risk. If you become aware of any problems with the security of the data or the Platform, please contact us immediately.
You must ensure that your access to the Platform is not illegal or prohibited by laws which apply to you.
We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep the Platform updated. The information on the Platform is not, and is not intended to be, advice. You should not act or refrain to act on the basis of any of the material on the Platform without first satisfying yourself as to the truth or accuracy of all information given.
We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on the Platform.
You must take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or other hardware (including your mobile device) which arises in connection with your use of the Platform or any linked website.
The 10MEALS and THR1VEREVIVED discount codes only apply to NSW, VIC, QLD and ACT first time customers. Any discount code advertised on the site may generally not apply to all states within Australia. Additional discount codes used may be produced for one-time use only, for specific purposes, specific persons or entities and may not apply to all customers. Customers should clarify whether advertised discounts codes provided are supported within their region.
Use of Platform - limitation of liability
Unless it is contrary to law, we are not liable for any loss or damage, however caused suffered by you in connection with this agreement or your use of the Platform. We make no warranty or guarantee relating to the use of the Platform (including accuracy of information) and are not liable for any loss or damaged suffered by you in connection with the Platform. You use the Platform at your own risk.
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
A THR1VE gift card cannot be used for Subscription Plans. You will have to cancel and purchase a new subscription plan to use a THR1VE gift card.
Otherwise, the THR1VE gift card may be used up to the balance only to purchase goods online for THR1VE@home products. THR1VE gift cards are not redeemable for other gift cards, and is not redeemable for cash.
This voucher will not be replaced or refunded if lost or stolen. The risk of loss and title for Cards passes to the purchaser upon sale. We are not responsible if a gift card is lost, stolen, destroyed or used without your permission.
Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities unless you obtain THR1VE's prior approval. If you are interested in using the THR1VE gift cards for any promotional purpose, please email email@example.com and someone from the Thr1ve team will contact you directly. If bought as a single item THR1VE gift cards do not carry any shipping costs as the item is sent as an e-gift card. If bought with other THR1VE products, the value of the gift card will not count towards free shipping, the free shipping threshold will still apply to all other items in the cart.
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the Platform. Your continued use of the Platform following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
If you access the Platform in a jurisdiction other than New South Wales, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.