Terms of Use (Full)

1. About these Terms

1.1 These Terms of Use ("Terms") govern your use of the Bitely website, apps and related services (the "Platform") and every order placed through it.

1.2 In these Terms, "Bitely", "we", "us" and "our" mean Bitely Pty Ltd (ABN 22 685 183 331) and Bitely Care Pty Ltd (ABN 85 699 765 752), as relevant to the order or service concerned. "You" and "your" mean the person using the Platform and, where an order is placed for another person, include that person.

1.3 By creating an Account, placing an order or otherwise using the Platform, you accept these Terms. If you do not accept them, you must not use the Platform.

1.4 Our Privacy Policy forms part of these Terms.

1.5 A plain-English summary of these Terms is published on our website. If the summary and these Terms differ, these Terms apply.

2. Definitions

• Account: an account created on the Platform.
• Authorised Representative: a family member, carer, guardian, nominee, care partner, support coordinator or other person authorised to act for a Participant.
• Cut-off: the time set by a Kitchen after which an order cannot be changed or cancelled.
• Funded Order: an order paid in whole or in part through a Funding Program.
• Funded Share: the part of a Funded Order to be paid by the Provider.
• Funding Program: Support at Home, the National Disability Insurance Scheme or another government-funded aged care or disability program.
• Kitchen: an independent food business that prepares meals offered on the Platform.
• Participant: a person who receives meals under a Funding Program.
• Provider: the registered provider, plan manager or other person responsible for paying the Funded Share.

3. The Platform

3.1 The Platform lets you browse menus from Kitchens and order meals for delivery.

3.2 Each Kitchen sets its own menu, prices, delivery days and Cut-off times, which are shown on the Platform.

3.3 Your order confirmation and invoice identify the business that supplies your order.

3.4 We aim to keep the Platform available and accurate but do not guarantee that it will be uninterrupted or error-free. Menu photos are for illustration, and meals may vary slightly in appearance, weight and ingredients.

4. Kitchen standards

4.1 Each Kitchen is an independent food business and is responsible for preparing, packing, labelling and, where it delivers, delivering its meals in accordance with food safety law.

4.2 Before a Kitchen joins the Platform, we check its council food registration, Food Safety Supervisor certification and insurance. Kitchens that serve home care (Support at Home) Participants must also have their menu reviewed by an Accredited Practising Dietitian.

4.3 We continue to monitor each Kitchen while it is on the Platform, including annual renewals of its compliance documents and customer feedback.

5. Accounts

5.1 You must be 18 or over to create an Account, or have an Authorised Representative create it for you.

5.2 You must give accurate, complete and current information and keep it up to date.

5.3 You are responsible for keeping your login details secure and for all activity on your Account.

5.4 An Authorised Representative who creates or uses an Account for a Participant confirms that they have authority to do so, and these Terms bind the Participant.

6. Orders

6.1 An order is accepted when we send you an order confirmation.

6.2 We may decline or cancel an order, including where a Kitchen cannot fulfil it, the delivery address is outside the delivery area, or we suspect fraud or misuse. If we cancel an order you have paid for, we refund the amount for anything not delivered.

6.3 Recurring orders continue on their schedule until you change or cancel them.

6.4 Items in your order are not substituted without your consent.

7. Prices and payment

7.1 Prices are shown on the Platform. Prices may or may not include GST, depending on the Kitchen, and your invoice shows any GST. The price that applies is the one shown when you place your order.

7.2 Delivery fees, service fees and minimum order amounts are shown before you pay.

7.3 You must pay your share of each order at checkout using a payment method we accept. Card payments are processed by our payment provider, and we do not store full card numbers.

7.4 If a payment fails or is reversed, we may cancel or pause orders until it is resolved.

7.5 Promotional codes, vouchers and credits are subject to the conditions stated with them and cannot be exchanged for cash.

8. Funded Orders

8.1 For a Funded Order, you pay your share at checkout and we invoice the Funded Share to your Provider after delivery.

8.2 To limit unexpected out-of-pocket costs, we take the steps needed to confirm your budget with your Provider. We contact the person your Provider nominates as the best contact for this. These steps do not change your responsibilities under this clause 8.

8.3 You must give us true, complete and current details of your funding, including your Funding Program, how your plan is managed and your Provider, and tell us promptly of any change.

8.4 You are responsible for making sure meals are a support your plan or budget covers, and for ordering within the budget your Provider or plan allows.

8.5 If your funding details are inaccurate or misrepresented, including where an order is placed without valid funding, you must pay the full price of the affected order.

8.6 If an order exceeds the budget your Provider or plan allows and the Funded Share is not paid as a result, you must pay the shortfall.

8.7 If your Provider does not pay the Funded Share of an order you received for any other reason, you are responsible for the unpaid amount. Before asking you to pay, we will work through the issue with you and your Provider, take reasonable steps to recover the payment, and make allowances where appropriate.

8.8 We may pause new orders on an Account with unpaid amounts after giving you reasonable notice.

9. Changes and cancellations

9.1 You may change or cancel an order up to its Cut-off.

9.2 After the Cut-off, meals may already be in preparation, and the order may not be refundable except as required by law.

9.3 To stop a recurring order, cancel it before the next Cut-off.

10. Delivery

10.1 Delivery days and windows are shown on the Platform and are estimates.

10.2 You must provide an accurate delivery address and any access instructions, and make sure someone can receive the meals or nominate a safe place to leave them.

10.3 If no one is available, the meals may be left at your door or the place in your delivery instructions, and a record of delivery is kept.

10.4 Risk in the meals passes to you on delivery in line with your instructions. Daily service meals should be eaten on the day they are delivered. Fresh and frozen meals must be stored straight away and eaten within the time shown on the item or by the Kitchen, following the storage and reheating directions on the label.

10.5 An order that cannot be delivered because of incorrect details, or because the meals could not safely be left, may not be refunded.

10.6 If your order does not arrive, tell us. We will investigate and arrange redelivery or a refund as soon as we can.

11. Allergies, dietary needs and health

11.1 You must record any allergies, intolerances and dietary needs on your Account and keep them up to date. Kitchens rely on this information.

11.2 Allergens are listed on each menu item and flagged when you order. The person placing the order is responsible for checking them. Kitchens handle a range of ingredients, so we cannot guarantee that any meal is free from a particular allergen or will not cause a reaction.

11.3 If you have a serious allergy, contact us before ordering. Unless we have made a specific arrangement with you, we recommend that you do not order meals that could contain traces of your allergen.

11.4 Nutrition information is a guide. Dietitian reviews assess Kitchen menus in general and are not personal medical or dietary advice.

12. Problems, refunds and your consumer rights

12.1 If something is wrong with your order, tell us within 48 hours of delivery, with a photo if possible, so we can investigate.

12.2 Where an order is faulty, missing or not as described, we will replace the affected meals, refund them or give you a credit, as appropriate.

12.3 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

13. Feedback and reviews

13.1 We will ask for your feedback regularly, to help find meals that suit you and to improve our service. You can also rate your Kitchen and leave comments on the Platform at any time.

13.2 Feedback is shared with the relevant Kitchen and used to improve menus and our service.

13.3 Reviews must be honest and must not be offensive or misleading. We may remove reviews that do not meet this standard.

13.4 You grant us a non-exclusive, royalty-free licence to use feedback and reviews you submit to operate and improve the Platform.

14. Conduct, suspension and closing your Account

14.1 You must treat our team, Kitchens and delivery drivers with courtesy and respect.

14.2 You must not misuse the Platform, including by placing fraudulent orders, interfering with its operation or using it for an unlawful purpose.

14.3 We may suspend or close an Account that breaches these Terms or has unpaid amounts. We will give notice where reasonably possible.

14.4 You may close your Account at any time. Orders already accepted will be fulfilled or cancelled under clause 9.

15. Liability and indemnity

15.1 Subject to clause 12.3, and to the extent permitted by law:

(a) we are not liable for any indirect or consequential loss, or for loss of profit, arising from your use of the Platform or any order, and

(b) where our liability for a failure to comply with a consumer guarantee may be limited, it is limited, at our option, to supplying the goods or services again or paying the cost of having them supplied again.

15.2 We are not liable for any delay or failure caused by events beyond our reasonable control.

15.3 You indemnify us against loss to the extent it is caused by your breach of these Terms or by inaccurate or incomplete information you provide, including allergy and funding information.

16. Intellectual property

16.1 The Platform and its content, including our name, logo, design and software, belong to us or our licensors. You may use the Platform only to browse and order meals for personal use.

17. Privacy

17.1 We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

18. Changes to these Terms

18.1 We may change these Terms by publishing an updated version on the Platform. We will give you reasonable notice of any change that materially affects you.

18.2 If you continue to use the Platform after a change takes effect, you accept the updated Terms.

19. General

19.1 These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of its courts.

19.2 If any part of these Terms is invalid or unenforceable, it is severed and the rest remains in force.

19.3 A failure or delay by us in exercising a right does not waive that right.

19.4 We may assign our rights under these Terms to a related company or to a buyer of our business. You may not assign your rights without our consent.

20. Contact us

Email info@bitely.com.au or call 0485 085 055, Monday to Friday, 11am to 8pm.