Terms And Conditions

Terms and Conditions applicable to a buyer of Products using KLIKNPIK Market website.

Welcome to our website located at https://www.kliknpik.com.au. We appreciate that you have chosen us to be part of your local grocery shopping experience. Although these terms and conditions are vital of our business, however you as our customer are more important to us. If you have any issues or complaints, we are here at every step of the way to fix it. So please feel free to reach us anytime you feel the need to.

By using this site, you agree and accept our terms and conditions of use. If you do not agree with our terms and conditions of use, you may not use this site. These terms and conditions are the contract between you and KLIKNPIK Market (“KNP”, “us”, “we”). By visiting or using Our Website, you agree to be bound by them. Our Partner Stores may also impose additional terms and conditions to which your contract with them will be subject.

KLIKNPIK Market is a trade name of KLIKNPIK MARKET Pty Ltd, ACN 643 672 833, whose registered office is at Wantirna South, Victoria-3152, Australia.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy a Product on your behalf.

If you use Our Website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website and stop using the Services.


1.          Definitions

“Content”

means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

“Our Website”

means any website of ours and includes all web pages controlled by us.

“Pickup Order”

means a form of a Scheduled Order where you can place an order from Our Partner Stores through Our Website and pick up the same from their Store at your selected date and time.

"Post"

means upload or place on or into Our Website any Content or material of any sort by any means.

“Product”

means any item offered for sale on Our Website, whether physical goods or downloads.

“Partner Store”

means a person or entity who offers a Product for sale on Our Website. This is also referred to herein as the “Partner”.

“Scheduled Order”

Means an Order placed for a particular time later in the same day or at a later date.

“Service”

means any service we provide through Our Website, whether free or charged.

2.       Our contract

2.1         KNP is neither a buyer nor seller of Products offered for sale in any form. KNP is never either a principal or agent in a buying transaction.

2.2         KNP is a marketplace. We are agents of Our Partner Store only to the extent of use of Our Website as a platform for sale of their Products and for collection and forwarding of your money.

2.3         We are not responsible to you further than to take your money and pass it to Our Partner Store.

2.4         We do monitor our Partner Stores very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. We welcome any comment or complaint about a Partner Store, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of KNP members.

2.5         We are not responsible for any Product you order or for the returns should you decide to return a Product for any reason.

2.6         These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.

2.7         We provide a market place for the supply of Products. We are in no way responsible for:

2.7.1    your locating and ordering a Product;

2.7.2    your choice of a Product;

2.7.3    any aspect of the provision of the Product;

2.7.4    any complaint about any Product.

2.8         In any dispute with a Partner Store, you should deal only with Our Partner Store. We have neither legal obligation nor detailed information about the Product.

2.9         We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.


3.       Your account and personal information

3.1         You must complete the customer registration process through the Website before placing an order for Products through the Website. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy

3.2         You may not have more than one active account, and your account is non-transferable. You may update or edit your account at any time through Our Website.

3.3         If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

3.4         When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.5         You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.


4.       The buying procedure

4.1         KNP is not responsible for the fulfilment of your contract to buy a Product.

4.2         Unless it is clear to the contrary, you may assume that every sale is made by Our Partner Store in the course of their business.

4.3         Products may be offered for sale subject to any discount or promotion arranged between KNP and Our Partner Store.

4.4         Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

4.5         You may order Products by selecting and submitting your order through Our Website in accordance with these terms and conditions.

4.6         Placing your Order: Once you have selected the Products that you intend to order from the listings of your chosen Store and have provided special instructions (if any), you will then have the opportunity to book a collection window spread in one hour intervals within the operating hours of the relevant Stores for upto seven days in advance. You may then submit your order by selecting the "Proceed to Checkout", "place my order", "checkout" or similar button. Please make sure that you double check all the information that you enter and correct the errors before proceeding as once we begin processing your order, the errors cannot be corrected.

4.7         Minimum Order Amount: Our Partner Stores have a choice to set a minimum order amount in place. If so, you may not place an order with that Store until the value of your Order exceeds that amount. Please note, the minimum order amount shall be met after you apply any coupons or discounts that reduce the total Order value.

4.8         Payment authorisation: In instances where you make a payment and it is not authorised for any reason, your Order will not be processed by or communicated to the relevant Store.

4.9         Processing of your Order and Orders rejected by Stores: Once we receive your Order, we will process it by sending it to the relevant Store and you will get an email notification by SMS or email that your Order has been received and is being processed. Any confirmation page that you will see on Our Website and the Order confirmation email that you may receive merely means that we have received your Order and are processing it. Under no circumstance does it mean that the relevant Store has accepted your Order. Although we encourage our Partner Stores to accept all Orders, Our Partner Stores have the discretion to reject Orders at any time and for any reason they see fit. We also encourage our Partner Stores to communicate any rejection promptly and we will accordingly notify by SMS or email as soon as practicable if the relevant Store has rejected your Order. Once the relevant Store confirms your Order, you will receive an SMS or email confirmation. Lastly, once the relevant Store has prepared your order, we will then send you an SMS or email notification confirming that your Order is ready for Pickup.

4.10      Fulfilment (packing) of your Order: We encourage our Partner Stores to start picking your Orders shortly before your collection window begins and accordingly stored for maximum freshness, including refrigeration for products that require it. To the extent possible, we also encourage our Partner Stores to have your Orders ready for pickup at the start of the collection window that you selected at the time of placing the Order. Neither we nor our Partner Stores guarantee that Orders will be fulfilled or will be available for pickup within the collection window that you selected at the time of placing the Order. All of the packaging and fulfilment are the sole responsibility of the relevant Store accepting the Order. To the extent permitted by law, including the Australian Consumer Law, KNP accepts no liability associated with the packaging and fulfilment by the relevant Store accepting the order.

4.11      You must pickup your order from the relevant Store selected by you when you place your order.

4.12      If you do not collect your Order within your booked collection window, your Order will be cancelled and you'll need to place your Order again. We may charge you a cancellation fee of upto $20 in addition to the charges for any perishable Products in your Order that Our Partner Store have accepted. These charges will be deducted from your Order’s total value.

4.13      Although we encourage our Partner Stores to maintain adequate stock levels of Products that are listed on our Website, we do not monitor their stock levels and therefore cannot guarantee the availability of those Products for your standing Order or an Order that you have made in advance. For any reason, if any of your ordered Product is out of stock or is unavailable and you have selected to “Allow Substitutions” in the cart page, Our Partner Stores may offer other alternatives that are comparable to the original items based on brand, flavour, size and price.


5.       Price and payment

5.1         Prices listed on Our Website by our Partner Stores are quoted in n Dollars and are inclusive of any applicable taxes.

5.2         All orders will be subject to a ‘convenience fee’ which is charged as a flat fee. This value will be shown separately at the pay point. It may be changed at KNP’s sole discretion.

5.3         Due to fluctuating market conditions, prices listed on our website are subject to change without notice. However, the current prices will be published on the website and available before you place an order.

5.4         Due to any reason, if a price changes and that affects your standing order or an order that you have made in advance, we will notify you via phone, email or SMS informing you of the updated price. The responsibility to amend your order as desired lies with you.

5.5         Prices published on Our Website may vary slightly from in-store prices as some Our Partner Stores may elect to offer their everyday store prices while other others elect for a higher online mark-up.

5.6         Some product's pictures might include price tags which are not relevant to our Partner Stores’ real price, therefore it has been made only for visual understanding of the product.

5.7         Payment for all products can be made by credit or debit card through Our Website. Once you have submitted your Order we will send you an email notification with your order details and your credit or debit card will have been authorised and the amount marked for payment.

5.8         If for any reason our Partner Store rejects or cancels your Order (as described in clause 4.9 above), your bank or card issuer will refund the relevant amount. However, this may take upto 2 weeks depending on your bank or card issuer. You acknowledge and agree that neither we nor the relevant Store will be accountable or liable for any delays that are caused by your bank or card issuer to release the funds back into your account.

5.9         The weight of Products such as produce, deli, meat and seafood listed on our Website are based on approximations. Their prices may vary depending on the Product and its weight if it is not in accordance to the approximate price. When our Partner Store packs your Order, they will endeavour to match what you’ve ordered, down to the nearest weight or count (less than or equal) and will charge the exact price for those Products.

5.10      Once our Partner Store have matched your order down to the nearest weight or count, your final payment will be processed based on what is actually supplied.

5.11      Payment is made directly to KNP and is subsequently passed on by KNP to Our Partner Store. We are authorised by Our Partner Store to accept payment on their behalf and payment of the price of any products to us will discharge your obligations to pay such price to the Partner Store.


6.          Security of your card details

We take care to make Our Website safe for you to use.

6.1         Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

6.2         Given the need to update your charged amount after you pick your order, you can be ensured that we do not store your card details after you have placed the order. None of your card details are stored or available to anyone at KNP. Your details are stored with our payment provider, Stripe (www.stripe.com.au). Stripe has been audited by the PCI-certified auditor and certified to PCI Service Provider Level 1.


7.        Order cancellation & modifications

7.1         You have the right to cancel provided that you cancel your order before the cut-off time of 1 hour before your booked collection window.

7.2         In this instance, if you cancel an order that has been accepted by us:

7.2.1    before the cut-off time, then no fees or charges will apply to that cancellation; and

7.2.2    after the cut-off time up until the end of your booked collection window, then we may charge you a cancellation fee of upto $20 which will be deducted from your Order’s total value.

7.3         KNP or its Partner Store hold the right to cancel the order at their sole discretion. You will not be charged for any orders cancelled in accordance with this clause.

7.4         Once you have placed the Order and have booked a collection window, you will still have the option to modify your order provided you modify it before the cut-off time of 24 hours before your booked collection window. If you would like to modify your Order after the cut-off time, you may do so by cancelling your order and placing it again, but you may lose your booked window. You will not be charged for doing so, subject to you meeting the criteria specified in Section 7.1.


8.        Products returns and refund

8.1         You have the option of returning the product back to Our Partner Store using your order confirmation receipt. However, the return will be subject to the Stores return policies, which will vary store by store.

8.2         You are responsible for the cost and risk of returning the Products to the relevant Stores.

8.3         Once Our Partner Store accepts the return and you would like to request a refund, you shall notify us within 3 days of pickup. Refunds are processed immediately, but it may take up to 2 weeks to see the funds in your account, depending on your bank.


9.        Customer care

9.1         General: Our Customers are extremely important to us. Subject to clauses 8 and 17, we will therefore try to assist you to the extent possible if you are facing any problems with your Order. You can contact us through the chat function on the bottom right had side of the Website or by emailing us or by filling out the contact form or by calling the telephone number shown on the home page of the Website. Alternatively, you can view list of FAQ's.

9.2         Complaints or feedback: Reviews and ratings are an important part of our quality control process. You can provide your feedback in the form of reviews and ratings on the Products and Service that you received from our Partner Stores on the Website (found in “Orders” section under “Account tab”).


10.    How we handle your Content

10.1      Our privacy policy is strong and precise. It complies fully with current privacy law which is can be found here.

10.2      If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

10.3      Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

10.4      We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

10.5      We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

10.6      You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.

10.7      You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

10.8      Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

10.9      You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

10.10   You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

10.11   Please notify us of any security breach or unauthorised use of your account.


11.      Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content (including without limitation Reviews) or undertake any activity which is or may:

11.1      be unlawful, or tend to incite another person to commit a crime;

11.2      consist in commercial audio, video or music files;

11.3      be obscene, offensive, threatening, violent, malicious or defamatory;

11.4      be sexually explicit or pornographic;

11.5      be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

11.6      use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

11.7      request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

11.8      be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

11.9      include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

11.10   facilitate the provision of unauthorised copies of another person's copyright work;

11.11   link to any of the material specified in this paragraph;

11.12   use distribution lists that include people who have not given specific permission to be included in such distribution process;

11.13   send age-inappropriate communications or Content to anyone under the age of 18.

11.14   give the impression that they originate from us.

11.15   promote violence or discrimination.

11.16   Breach any legal duty owned to a third party (such as duty of confidence).

11.17   Promote illegal activity or invade another’s’ privacy.


12.      Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

12.1      hyperlinks, other than those specifically authorised by us;

12.2      keywords or words repeated, which are irrelevant to the Content Posted.

12.3      the name, logo or trademark of any organisation other than yours.

12.4      inaccurate, false, or misleading information.


13.   Removal of offensive Content

13.1      For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

13.2      We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

13.3      If you are offended by any Content, the following procedure applies:

13.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

13.3.2 we shall remove the offending Content as soon as we are reasonably able.

13.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.

13.3.4 we may re-instate the Content about which you have complained or we may not.

13.4      In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

13.5      You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.


14.      Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

14.1      modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

14.2      link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

14.3      download any part of Our Website, without our express written consent;

14.4      collect or use any product listings, descriptions, or prices;

14.5      collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

14.6      aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

14.7      share with a third party any login credentials to Our Website.


15.    Copyright and other intellectual property rights

15.1      All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Products for sale. It is all protected by international copyright laws.

15.2      You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.


16.    Interruption to the KNP Service

16.1      We give no warranty that the KNP Service will be satisfactory to you.

16.2      We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of KNP Service for repairs, maintenance or other reason. We may do so without telling you first.

16.3      You acknowledge that our Service may also be interrupted for reasons beyond our control.

16.4      You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.


17.   Our Disclaimers

17.1      Our Website may contain links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

17.2      We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

17.3      The KNP Website and KNP Services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:

17.3.1 of satisfactory quality;

17.3.2 fit for a particular purpose;

17.3.3 available or accessible, without interruption, or without error.

17.4      So far as concerns a Product you buy through Our Website, we are not liable for:

17.4.1 any product or service complying with the requirement of any law or being available;

17.4.2 Our Partner Store performing his contract.

17.5      You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.


18.      Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

18.1      any act, neglect or default of yours in connection with this agreement or your use of the Services;

18.2      your breach of this agreement;

18.3      your failure to comply with any law;

18.4      a contractual claim arising from your use of the Services and purchase of a Product.


19.   Termination

19.1      If you or any third party are in breach of any material term of this agreement, we may:

19.1.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

19.1.2 terminate your account and refuse access to Our Website;

19.1.3 remove or edit Content, or cancel any order at our discretion;

19.1.4 issue a claim in any court (including without limitation pursuing) civil, criminal or injunctive redress.

19.2      Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

19.3      No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.


20.   Force Majeure

20.1      Neither us nor Partner Stores will be liable for any delay in performing or failure to perform any of its obligations under this Agreement if such delay or failure is caused by force majeure, such as civil disorder, military action, natural disaster and other circumstances which are beyond the control of us or our Partner Stores.

20.2      Both us and our Partner Stores’ performance under these Terms is deemed to be suspended for the period that any Force Majeure event continues, and we will have an extension of time for performance for the duration of that period.


21.    Promotion policy

21.1      The validity of the promotion will be specified on the adverts, coupons, emails, pamphlets etc.

21.2      You can use only one discount, voucher or code per order and any remainder credits cannot be carried forward to any other or subsequent orders.

21.3      You can use only one discount, voucher once per household.

21.4      Unless otherwise stated, all discounts, vouchers and codes are only applicable for first time Customers.

21.5      You are not supposed to use discounts, vouchers or codes in conjunction with any other offers, discounts, vouchers or codes.

21.6      The discounts, vouchers or codes hold no monetary value and cannot be exchanged for cash or any other alternatives.


22.    Miscellaneous matters

22.1      If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

22.2      When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

22.3      Any communication to be served on either of us by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. It shall be deemed to have been delivered:

22.3.1 if delivered by hand: on the day of delivery;

22.3.2 if sent by post to the correct address: within 72 hours of posting;

22.3.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

22.4      In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

22.5      So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

22.6      We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.

22.7      In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

22.8      This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

22.9      The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.