1. Important Notice
These terms and conditions (Agreement) are an agreement between the customer being the person who places the Order through the App (Customer) and Rendr Pty Ltd (ACN 624 723 691) (Rendr).
1.1 The Customer should read this Agreement carefully.
1.2 In purchasing any Products and / or by using the App the Customer is agreeing to be bound by this Agreement.
1.3 Rendr reserves the right to change thisAgreement from time to time. Notice of the changes will be posted on the landing page of the App and the most current version of this Agreement will be published on theApp. Use of the App or purchase of any Products through the App after a change has been made to the Agreement will be deemed an acceptance of any changes.
2.1 In this Agreement the following definitions will apply:
2.1.1 Acceptable ID means Australian driver licence, Victorian learner permit, Proof of age card, Key pass card, Australian or foreign passport. No other form of identification will be accepted.
2.1.2 App means the mobile application of Rendr or the website being www.rendrtrade.com.
2.1.3 Delivery Fee means the delivery fee for delivering the Products based on the size of the order as set out in the App.
2.1.4 Delivery Hours means the delivery hours set by Rendr on the App which are subject to change.
2.1.5 Mark-Up means the amount which a Product is marked-up by from the actual price charged by the Supplier.
2.1.6 Order means a commitment by the Customer to purchase the Products when the Customer clicks the button to place the order.
2.1.7 Order Price means the total of the Product Price and Delivery Fee of theProducts that the Customer wish to purchase.
2.1.9 Product Price means the price charged for the Products.
2.1.10 Products means the goods and the delivery services provided by Render available through the App.
2.1.11 Purchase means the Order that Rendr has accepted.
2.1.12 Register means create an account through the App.
2.1.13 Related Body Corporate means as defined in the Corporations Act 2001 (Cth)
2.1.14 Service means all or any of the services provided via the App (or via other electronic or other communication) including the information services, content and transaction capabilities on the App(including the ability by the Customer to Order and Purchase).
2.1.15 Supplier means that party from which Rendr purchases the Products from.
3. Use of the App and the Service
3.1 The Products are supplied and delivered to the Customer directly by Rendr however, Rendr reserve the right to decline or cancel any Order and Purchase by the Customer if Rendr reasonably believe that such Order or Purchase is or may be in breach of the applicable laws and regulations in relation to the sale and supply of the Product.
3.2 Rendr reserve the right to prevent theCustomer using the Apps and the Service (or any part of them) and to prevent the Customer from making any Order and Purchase.
3.3 The use of the App and the Service do not include the provision of a smart phone or other necessary equipment to access the Apps or the Service. To use the Apps or Service, the Customer will require internet connectivity and appropriate telecommunication links. Rendr shall not be liable for any telephone costs, telecommunications costs or other costs that the Customer may incur as a result of using or accessing the Apps or Service.
3.4 The Customer does not need to Register to use much of the functionality of the Apps or to access much of the Service.However, the Customer must Register in order to Order and Purchase from theApps. To Register the Customer needs to supply Rendr with:
3.4.1 full name;
3.4.2 delivery address;
3.4.3 email address;
3.4.4 contact details; and
3.4.5 other relevant information requested.
3.5 The Customer must provide accurate and complete information. A failure by the Customer to provide correct and/or accurate personal information to Rendr or the provision by the Customer of false or misleading information is a breach of this Agreement.
3.6 Once the Customer has finished Registration, the Customer must keep the password confidential and immediately notify Rendr if any unauthorised third party becomes aware of that password or if there is any unauthorised use of the Customer’s account or any breach of security known to the Customer. The Customer may never use another person’s account or allow any other person to use the Customer’s account. The Customer are solely responsible for the activity that occurs on the Customer’s account and theCustomer must keep the Customer’s password secure.
3.7 Rendr reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Australian user pretends to be a user, or disrupts the App or the Service in any way.
Rendr are the operator of the App and merely facilitates the order, sale and purchase and delivery of the Products to theCustomer as the Customer’s agent. Rendr is not the supplier of the Products and any issues with the Products or any consumer rights that the Customer has in respect of the Products is a matter to be resolved between the Customer and theSupplier directly.
5. Purchase of Products
5.1 The Customer may only place an Order if theCustomer meet the following requirements:
5.1.1 the Customer’s total Order Price exceeds the minimum order requirement set by Rendr from time to time as set on the App;
5.1.2 the nominated place of delivery of the Products is within the area Rendr deliver to;
5.1.3 the nominated delivery time of the Products is within the Delivery Hours;
5.1.4 the Customer agree to make payment to Rendr for the Order Price, comprising of the Product Price and Delivery Fee; and
5.1.5 the Customer agree that the Delivery Fee is non-refundable in any circumstances subject to clause 8.
5.2 When the Customer click the "place order" button, the Customer make a commitment to purchase the Products at the Order Price, An automatic email will be sent by Rendr to the Customer confirming that the Order has been received and a text message will be sent by Rendr to the Customer once the driver has been assigned to the Order.
5.2.1 if Rendr accept the Customer’s order whereupon the purchase is completed; or
5.2.2 if Rendr decline or is unable to accept the Customer’s Order.
5.3 Rendr will take payment of the Order Price once the Customer’s Purchase is complete.
5.4 By making an Order, the Customer acknowledge that the Order and the Purchase is made subject to this Agreement.
5.5 The Order Price for the Products is inclusive of any GST.
6. Partially Fulfilled Orders
6.1 If Products are unable to be sourced from the Supplier, Rendr will contact the Customer upon processing of the Order, or while a Driver is at the Supplier.
6.2 Rendr will seek instructions from the Customer if they would like their Order:
6.2.1 partially fulfilled meaning that all the Products which are available to be delivered; or
6.2.2 cancelled meaning the whole Order is cancelled and a full refund is processed.
6.3 In the event that the Customer cannot be reached in a reasonable period of time the Order will be deemed to be cancelled.
7. Delivery of Products
7.1 Rendr will use Rendr’s reasonable endeavours to deliver the Products to the Customer by the time and date selected by theCustomer.
7.2 The Customer agrees that:
7.2.1 in respect of orders less than $500 (including GST and Delivery Fee) that:
(a) the Customer will not be contacted to confirm the Order;
(b) the Customer does not need to be at the property to receive the Order;
(c) by selecting that they consent to leaving the products unattended upon delivery, the Customer accepts full responsibility for the Products ;
7.2.2 in respect of orders more than $500 but less than $1,000 (including GST and Delivery Fee) that:
(a) the Customer will not be contacted to confirm the Order; and
(b) the Customer must present in person Applicable ID for the Order upon delivery;
7.2.3 in respect of orders more than $1,000 (including GST and Delivery Fee) that:
(a) the Order will be verbally confirmed with the Customer before a driver is assigned;
(b) the Customer must show Acceptable ID upon delivery.
7.3 The Customer acknowledges that while Rendr aims to have the Products delivered in the time set out in the App, there are sometimes circumstances which arise out of their control that may result in a delay in the delivery of the Products. Rendr will not be liable to the Customer for any costs, loss or damages suffered by the Customer as a result of the said delay.
7.4 Rendr reserve the right to refuse to deliver the Products for any reason.
7.5 In the event that Rendr are unable to deliver the Products or complete the Order as a result of the Customer’s failure to comply with this Agreement, Rendr will immediately discontinue the delivery and return the Products to the store and charge the amounts as set out in clause 7.8
7.6 Rendr will use Rendr’s reasonable endeavours to complete the delivery in one attempt, however Rendr reserve the right to complete the delivery in more than one attempt depending on the size of the order and Product availability.
7.7 In the case of Order over $500 (including GST and Delivery Fee) and the Customer must be present as set out in clause 6.2. Rendr will wait up to five (5) minutes at the nominated place of delivery. If the Customer or the Customer’s authorised representatives are not present within (5) minutes to accept delivery of the Products, Rendr shall return the Products and charge the amounts as set out in clause 7.8.
7.8 In the event of unsuccessful delivery, theOrder shall be deemed cancelled and the Order Price less Delivery Fee andMark-Up will be refunded to the Customer within seven (7) days of the deliverydate.
7.9 Legal title to the Products will transfer to the Customer (i.e. the Products will become the Customer’s personal property)when the Products are delivered to the nominated place of delivery.
8.1 If the Customer accepts the delivery of the Order, Rendr will have no responsibility for the return of any wrong Products and it will be the responsibility of the Customer to return them to the Supplier.
8.2 If a Customer elects for their Products left unattended at the delivery location, Rendr will have no responsibility to theCustomer due to but not limited to damage or theft.
9. Cancellation of Order
9.1 The Customer may cancel an Order up untilDriver has been assigned to the Order as displayed in the App.
9.2 After the Driver has been assigned but before Products have been purchased from the Supplier the Customer can cancel the order but will still be charged the Delivery Fee.
9.3 After the Products have been purchased theCustomer cannot cancel the Order but may upon processing of the Order return the Products themselves to the Supplier but will not be entitled to a refund of the Delivery Fee or Mark-Up, a copy of the receipt from the Supplier can be requested in accordance with clause 10.2.
9.4 The Customers must contact Rendr urgently to cancel their Order.
10. Refunds & Returns
10.1 If the Customer is unsatisfied with a Product provided, if the Product provided is not as advertised or a major problem is identified with the Product the Customer may seeking a refund / return of aProduct to directly to the Supplier.
10.2 The Customer will upon written request be provided with a copy of the receipt from the Supplier and will be bound by the Supplier’s standard return policy.
10.3 In the event of the return of any of theProducts there will be no refund of the Delivery Fee or Mark-Up.
10.4 It is the responsibility of the Customer to facilitate their own refund once Rendr has provided the copy of the receipt. The Customer will likely receive the refund in the form of store credit but this Is subject to the refund policy of the store.
11. Consumer Rights
11.1 To the extent permitted by law all consumer as set out in the Australian Consumer Law are excluded and to the extenthey cannot be excluded Rendr’s liability is capped at its election to:
11.1.1 refund of the Delivery Fee and Mark-Up; or
11.1.2 the reproving of the Service. 11.2 Clause 10.1 related to the consumer rights in respect of the delivery of the Products only and is not in respect of the consumer warranties and guarantees in respect of the actual Products which must be claimed if required to against the Supplier.
12. Warranty Disclaimers
12.1 Rendr do not represent or warrant that:
12.1.1 any content or information accessible via the App is accurate, complete reliable, current or error-free including the Product Price, Delivery Fee, theDelivery Hours, the Product description and the Product availability. Such information is subject to change without notice;
12.1.2 the Customer’s use of the Service or the App will be uninterrupted andRendr do not warrant that any information (or messages) transmitted via the Service or the App will be transmitted accurately, reliably, in a timely manner or a tall; and
12.1.3 the Service or the App is free from viruses or anything else which may have a harmful effect on any technology.
12.2 Rendr will use reasonable endeavours to any errors or omissions as soon as practicable after being notified of any. This includes but is not limited to returns, product liabilityand fulfillment speed.
13. Suspension and Termination
13.1 If the Customer use the App or Service in-contravention of this Agreement, Rendr may suspend the Customer’s use of the Service and/or App (in whole or in part).
13.2 Rendr shall fully cooperate with any law enforcement authorities or court order requesting or directing Rendr to disclose the identity or locate anyone in breach of this Agreement.
13.3 Rendr’s rights to terminate this Agreement shall not prejudice any other right or remedy Rendr may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
The Customer shall indemnify and hold Rendr and Rendr’s Related Body Corporate, directors, officers, employees, agents, licensors and the contractors) harmless against any claim, action, demand, loss or damages made or incurred by Rendr arising from the use of the App by the Customer or any breach of this Agreement by the Customer including but not limited to delays in delivery, inaccurate description of Products, and such other matters which are outside of Rendr’s control.
15. Limitation of Liability
15.1 Rendr exclude, in so far as it is legally possible all liability and responsibility for damages including, but not limited to, indirect or consequential damages, or any damages whatsoever arising from:
15.1.1 the accuracy, completeness, fitness for purpose or legality of any Product or information accessed using the Service or App or otherwise; and
15.1.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
15.1.3 the Customer’s use of any information or materials on the App (which is entirely at the Customer’s own risk and it is the Customer’s responsibility); and
15.1.4 the supply, delivery, use and consumption of the Products.
15.2 This waiver extends to all claims regardless of whether such damages are reasonably foreseeable or known to Rendr. Rendr’s liability for loss or damage or claim shall not exceed the amount of theDelivery Fee paid.
17. Links to and from Other App
Where the App contains advertisements or links to third party App or resources provided by third parties (together Other Sites), those Other Sites are merely linked to provide information only and are solely for the Customer’s convenience. Rendr have no control over and do not accept and Rendr assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites) and Rendr accept no responsibility for any loss or damage that may arise from the Customer’s use of them. If the Customer decide to access any of the Other Sites linked to the App, the Customer do so entirely at the Customer’s own risk.
18. Intellectual Property Rights
18.1 The names, images and logos identifying Rendr or third-party supplier and their products and services, are proprietary marks and no use should be made unless with prior written consent.
18.2 The Customer acknowledge that no title or interest to Rendr’s intellectual property rights is transferred to the Customer and the Customer agree to make no claim of interest in any of Rendr’s services or App.
19. Sale and Assignment
19.1 If Rendr are involved in a merger, acquisition, asset sale or change in control, Rendr may assign, novate or otherwise transfer its rights and obligations that arise under these terms without reference to the Customer so that in the future, the Services are provided by a different party. 19.2 In such circumstances, Rendr reserve the right to transfer or assign the Customer’s personal information as provided by theCustomer to Rendr.
20.1 All prices are in Australian Dollars.
20.2 Except where indicated otherwise, prices include GST.
20.3 Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
20.4 This Agreement contains all the terms agreed between Rendr and the Customer regarding its subject matter. The Service is provided to the Customer under Rendr’s operating rules, policies, and procedures.
20.5 All provisions of this Agreement apply equally to and are for the benefit of Rendr, Rendr’s subsidiaries, Related Body Corporate and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
20.6 In any event, the provisions that are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event the Customer use the App or Service again, then the provisions of the terms and conditions that then apply will govern the Customer’s re-use of the App orService.
20.7 If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
20.8 The Service and App are controlled and offered by Rendr from Victoria,Australia. All sales occur and are appropriated in Victoria. Rendr make no representation that theServices and App are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for local laws.
20.9 This Agreement (and all non-contractual relationships between the Customer and Rendr) shall be governed by and construed in accordance with the law of Victoria and both parties hereby submit to the exclusive jurisdiction of the courts of Victoria.
21. Promotional Offers
21.1 From time to time, the Customer may have access to promotional discounts or benefits (Promotional Offers).
21.2 At Rendr’s absolute discretion Rendr reserve the right to; offer, withdraw, amend, cancel or determine eligibility for any Promotional Offer.
21.3 Any credit applied to an account as part of a Promotional Offer may be, at Rendr’s absolute discretion, withdrawn, amended or cancelled.
21.4 Promotional Offers may take the form of discount codes (Promo Codes).
21.5 Promo Codes may be subject to minimum spend criteria.
21.6 Unless stated otherwise, Promo Codes expire fourteen (14) days from receipt.
21.7 The Customer is prohibited from sharing the Promo Code with any third-party and doing so will be the basis for the cancelation of the Promo Code and Suspension and Termination in accordance with clause 12.