Welcome to Pickie. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the "Items") from our http://pickie.com.au website or mobile applications and related services (each referred to as an “Application”).
Please read these Terms carefully before ordering any Items from our Application. If you have any questions relating to these Terms please contact info@pickie.com.au before you place an order.
If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.accc.gov.au/consumers/consumer-rights-guarantees. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Pickie account, you confirm that you accept these Terms.
http://pickie.com.au is operated by App4 Pty Ltd ABN 16 638 186 731, a company incorporated in Australia, whose registered office is at Unit 1/ 783 Station Street, Box Hill North, Victoria, 3129, Australia. The terms “we” or “us” or “Pickie” in these Terms refer to App4 Pty Ltd. In either case you may contact us at info@pickie.com.au or by using the instant messaging facility on our Application.
Our objective is to link you to the Shops we partner with (“Partner Shops") and allow you to order Items for delivery (our “Service”). Where you order from a Partner Shops, Pickie acts as an agent on behalf of that Partner Shops to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by Pickie (“Pickie Delivery”) or our Partner Shops (“Partner Delivery”) (each a “Delivery”) depending on the Partner Shops you have selected. In some cases, the Partner Shop may be owned by or affiliated with us.
Before you can place orders for Items using our Application, you need to open a Pickie account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
Each Partner Shops has a prescribed delivery area. This delivery area may change at any time due to a number of factors including weather, or demand on our service. This is to ensure that Items reach your door at their best. Our Partner Shops each decide their own operating hours. That means that the availability of our Service, and the range of Partner Shops from which you can order, depends on the Partner Shops in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Partner Shop, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
When you place an order through our Application, it needs to be accepted by us or the Partner Shop before it is confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Partner Shops operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability. Partner Shops may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Shop prior to ordering if you have an allergy. Pickie cannot guarantee that any of the Items sold by our Partner Shops are free of allergens.
When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order.
Unfortunately, despite our, and our Partner Shop’s best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. We will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
You have a legal right to receive goods which match their description, which are of acceptable quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know as you have a legal right to have the issue remedied. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will remedy any failure in accordance with your legal rights. This may include providing a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Shop when determining the remedy that will apply in the circumstances.
Age restricted products (including, alcohol) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Pickie operates the Challenge 25 age verification policy whereby customers who look under aged 25 will be asked by the delivery driver to provide proof that they are aged 18 or over. The driver may refuse to deliver any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Partner Shop and the delivery driver may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.
You may cancel an order without charge at any time before the Partner Shop has started preparing the food (a "Started Order"). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Application. If the Partner Shop confirms the order was not a Started Order, we will refund your payment using the same payment method as you used to originally pay for the order (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms for more detail https://pickie.com.au/legal). If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the driver has been despatched you will also be charged for delivery.
Pickie and the Partner Shop may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Shop, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.
Prices include GST. You confirm that you are using our Service for personal, non-commercial use unless you request a GST invoice. Pickie may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner Shops. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect orders after a Confirmation Notice has been issued orders. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where Pickie or any Partner Shop makes a delivery, we or the Partner Shop may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.
Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Pickie. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Pickie acting as agent on behalf of the Partner Shop only. Payment may also be made by using vouchers or account credit. Use of these is subject to Pickie's Voucher and Account Credit Terms https://pickie.com.au/legal.
Partner Shops sometimes make special offers available through our Application. These are visible when you look at a Partner Shop menu. These offers are at the discretion of the Partner Shops. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.
When you place an order, you will have the option to make a discretionary payment in the form of a tip or gratuity to i) your rider and ii) your Shop. The discretionary payment will form part of your overall order total and charged to your nominated payment method. In each case, your rider and your Shop will receive 100% of any discretionary payment you choose to make.
Once you’ve received your order, you may receive a notification that enables you to pay a tip to your rider at your discretion. Pickie will collect payment on behalf of the rider, as their limited payment collection agent, and payment of the tips shall be considered a direct payment from you to the rider. Your rider will receive 100% of any discretionary payment you choose to make. As this payment is made after you receive your order, this payment is non-refundable and does not form part of your order. Depending on the payment method used for your original order, your tip may show up on your bank/credit card statement as a separate payment.
We acknowledge that the Competition and Consumer Act 2010 (Cth) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms is intended to exclude or restrict the application of such non-excludable terms to these Terms.
Accordingly, nothing in these Terms affects any rights that you may have which we can’t by law exclude. If Pickie breaches a non-excludable term or condition, it will be liable for that breach.
However, to the extent permitted by law, any liability of Pickie is limited to the re-supply of the relevant Item, or payment of the cost of re-supplying the relevant goods or services again.
Subject to the information set out above in this clause 12, and to the maximum extent permitted by law:
All personal information that you supply in connection with the Application will be collected, used, disclosed and managed by us in accordance with our Privacy Policy which can be found at https://pickie.com.au/privacy. You consent to Pickie dealing with your personal information in accordance with the Privacy Policy.
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court decides that any part of these Terms is unenforceable, illegal or void, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will take steps to notify you (for example, by posting an updated version of the terms on the Application). Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.
These Terms are governed by the laws of the state of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website http://pickie.com.au (our "Site") or any application we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.
http://pickie.com.au is a website operated by App4 Pty Ltd 16 638 186 731 ("we" or "us" or "Pickie"), ABN 16 638 186 731, whose registered office is at Unit 1/ 783 Station street, Box Hill North VIC 3129 Australia. Pickie is a business where the food is prepared by independent Shops (our "Partner Shops") and delivered by us.
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact info@pickie.com.au straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Service or Site (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Australia and in any country from which they are posted. Contributions must not:
Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
To the maximum extent permitted by law, Pickie provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. To the maximum extent permitted by law and subject as provided below, Pickie and any Partner Shop expressly disclaim all warranties and conditions with regard to any portion of our Service, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to:
To the maximum extent permitted by law, neither Pickie nor any Partner Shop shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use our Service. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that Pickie or the Partner Shop is found to be liable to you, our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order.
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:
We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.
Any material you upload to our Service or Site, or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The Victorian courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of Victoria.
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
If you have any concerns about material which appears on our Service, please contact info@pickie.com.au
Pickie makes available from time to time: (i) Vouchers (which are promotional credits that may be offered by us or by Partner Shops on our Site) and (ii) Account Credit (which is credit that may be applied to a customer’s account at Pickie’s discretion). Vouchers and Account Credits both operate as credits applying to a customer’s Pickie account, redeemable (subject to conditions, as set out below) against the cost of Items. Vouchers and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits.
These Credit Terms apply to your use of any Credits to pay for Items using the Pickie Service. These Credit Terms apply together with the Pickie Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms and Conditions of Service unless they are defined in these Credit Terms.
You can “apply” a voucher to your account by (i) entering the Voucher code (if any) at the point you place an order, or (ii) by adding any reward that we make available to you in the “Your offers and rewards” section of your account page. Unless otherwise stated, a voucher that has been applied to your account will remain there until it is “redeemed” against an eligible order, or expires (whichever is sooner). Account Credits are Credits that we apply to your account ourselves. In either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Items, unless it is lost, or, in the case of Vouchers, it expires in accordance with the terms of that Voucher. The reasons why Credits may be lost or Vouchers may expire are set out in these Credit Terms.
Any personal information supplied by a Customer in connection with the use of a Voucher, for example when registering a new Pickie Account, will be handled in accordance with our Privacy Policy which can be accessed here https://pickie.com.au/privacy
Unless we tell you otherwise, vouchers offered in a particular country and currency cannot be used in a different country or currency. Vouchers are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (eg new customers), or for use only at a particular Partner Shop or for a particular Item. If conditions apply they will be stated when we offer the Voucher.
Some Vouchers are only available to new Pickie’s customers ("New Customer Vouchers"). That means that the Voucher is applied (subject to any other applicable conditions) automatically when the Customer registers a new Pickie account and will be redeemed when the Customer places their first eligible order. Pickie reserves the right to refuse to apply and/or allow you to redeem a new customer Voucher if you are registering a new account using credit card details or a delivery name and address already on our system.
Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or that the Voucher may only be redeemed at specific Partner Shops or on specific Items. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Voucher, if any. If there is a Voucher credit on your account which does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.
Unless we tell you otherwise, all Vouchers must be redeemed within one calendar month of the date they are applied to your account.
Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer. If you have more than one eligible Voucher applied to your account when you place an order, the Vouchers are redeemed in order of expiry date, with the Voucher expiring the earliest redeemed first.
Vouchers cannot be redeemed in conjunction with any other Pickie offer.
If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used. If the Voucher was a New Customer Voucher, you will no longer be a new customer and will not be eligible for any subsequent new customer Vouchers.
Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit.Vouchers cannot be redeemed in conjunction with any other Pickie offer.
Credits cannot be exchanged for cash or any other alternatives and have no monetary value.Vouchers cannot be redeemed in conjunction with any other Pickie offer.
Any attempt to manipulate our Site and our offers of Credits by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. Pickie is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification or closing the accounts of any customers it reasonably believes have carried out any such acts.
These T&Cs apply to you if you have a Pickie subscription on your Pickie account. These do not replace the Terms and Conditions of Service for your Pickie account, which will continue to apply except to the extent these T&C vary them.
We know these T&Cs are quite long to read! You can find a summary in the Pickie Customers FAQ sheet (“Customer FAQ”) at https://pickie.com.au/faq
The Customer FAQ should not be used as a substitute for reading the Pickie Terms and Conditions.
Pickie is a customer program (“Pickie”) offered to some Eligible Users at Pickie's discretion. It allows those Eligible Users to subscribe to obtain free delivery on Eligible Orders (as further described in section 2 below) through our Service.
Subscribers to Pickie will receive free delivery on all Eligible Orders from Participating Shops (as further described in section 2) placed through our Service in Participating Cities (as further described in section 2). Pickie, acting in its sole discretion, may offer selected Eligible Users other types of benefits at its discretion (for example, Shop offers, special promotions, memberships, or services) which may among other things depend on the Eligible User’s location and/or frequency of use of the Service.
Occasionally we may make changes to Pickie including the benefits available to you and/or these Terms. We will communicate any material changes to you prior to being implemented via email or by displaying a prominent notice on our Service (“Change Communication”). We will take your continued use of our Service following receipt of our Change Communication as acceptance of the relevant change. We recommend reading all Change Communications that we send you carefully.
If you do not want to continue with your pickie account Subscription following receipt of a Change Communication you may cancel your pickie account Subscription with immediate effect (see below).
We may offer pickie account and/or some aspects of pickie account, including any Free Trial Period, to selected Eligible Users at our discretion.
To qualify as an Eligible User, you must meet the following criteria when you sign up for a Pickie account and at all times during your Pickie subscription:
You must:
You may only use your pickie account primarily within the country in which you established your account.
Eligible Orders
Pickie subscribers will receive free delivery on all Eligible Orders. ‘Eligible Orders’ are all orders that are placed with a Participating Partner Shop and meet the specified minimum order value. The minimum order value will be communicated to you at the time of subscribing to pickie account and when placing orders on the Service. Minimum order values may vary from time to time and may differ between our Participating Shops. Pickie reserves the right to vary the minimum order value for any Participating Shop at any time in accordance with section 1.
Participating Shops
Pickie is only available for orders with Participating Shops. Pickie in its sole discretion, may determine which Partner Shops are “Participating Shops” for Pickie Account, and may change the Participating Partner Shops at any time. Any changes to Participating Shops may be notified to you in accordance with Section 1.
Fraudulent Activity
You must limit your Pickie account to your personal use, and not share your Pickie account details with any third party at any time during your Pickie account subscription. If we have reasonable grounds to suspect that you are not using your pickie account in accordance with these Terms Pickie may (in its sole discretion) immediately suspend or terminate your Pickie account subscription (along with any other steps Pickie is entitled to take in accordance with the Terms and Conditions of Service for your Pickie account).
If Pickie account is available to you, you can sign up for Pickie account through our Service by:
The Pickie subscription is available for a periodic fee which will be communicated at the time of subscribing (“Pickie Fee”). The Pickie Fee may vary from customer to customer depending on what other services, Shop offers, special promotional plans or memberships are offered in combination with free delivery at the time of signing up.
If you have been offered a Free Trial Period (“Free Trial Period”), you will not be charged the applicable Pickie Fee for the duration of the Free Trial Period. After the Free Trial Period ends, you will be charged the Pickie Fee at the relevant intervals for the remainder of your Pickie Account Subscription Period in accordance with the terms and conditions set out in the “Payment and Billing” section below.
You acknowledge and agree that Pickie may vary the Pickie Fee during your Pickie Account Subscription Period. Any increase to your Pickie Fee will be notified to you as described above. You acknowledge that you will be required to pay any Service Fees in accordance with section ten of the Terms.
Your Pickie Account subscription period (“Pickie Account Subscription Period”) will be communicated and chosen by you at the time of subscribing.
Subscriptions will automatically renew at the end of each Pickie Account Subscription Period until your Pickie membership is cancelled (by you) or terminated (by us) in accordance with these terms and conditions. Your first Pickie Subscription Period will start on the day you sign up, or, if you are offered and eligible for a Free Trial Period, the day immediately following the date on which your Free Trial Period expires (“Start Date”).
All information relating to your Pickie membership will be contained in the “My Account” section of your profile under “Pickie Account”. From here, you will be able to view the remaining time on your Free Trial Period, cancel your Pickie membership and update your Payment Method.
Cancellation of Pickie: You may terminate your Pickie subscription at any time. Following cancellation, you will continue to receive the Pickie service for the duration of your current Pickie Subscription Period. If you cancel a free trial the pickie benefits will cease immediately. If you cancel within your Cooling Off Period you will be entitled to a full refund.
Cooling Off Period: You have a right to cancel a Pickie membership during the Cooling-Off Period. The Cooling-Off Period will expire either:
Exercising Your Right to Cancel: To exercise the right to cancel under this section, you may either use the option within “My Account” area of your profile or you must inform our Customer Support Team by email (at info@pickie.com.au) of your decision to cancel your Pickie membership by clear statement.
Reimbursement: If you cancel your Pickie membership during the Cooling-Off Period, we will reimburse you for the payment you have made at the date of cancellation. . If a reimbursement is due and payable to you, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract using the same means of payment as you have used to pay your Pickie Subscription Fee.
You agree that Pickie, in its sole discretion, may terminate, deactivate and/or suspend any account (or part thereof) you may have with us or use of the Service and remove and discard all or part of your account and/or discontinue, modify or alter any aspect, feature or policy of the Service or Pickie. In the event that Pickie terminates, deactivates and/or suspends your account (for any reason other than in relation to a breach of these Terms and Conditions) Pickie will reimburse your Fee on a pro-rata basis.
Last updated: 1 December 2020
This page sets out the terms that apply to E-Gift Cards supplied by App4 Pty Ltd ("Pickie"), a company registered in Australia with ABN 16 638 186 731. Our registered address is Unit 1 / 783 Station Street, Box Hill North VIC 3129.
Please read these terms carefully before purchasing or using any E-Gift Card on our service. By purchasing or using an E-Gift Card, you confirm your acceptance of these terms. We may change these terms and from time to time, so we recommend that you check back regularly.
These E-Gift Card terms and any dispute or claim arising out of them are governed by the laws of Australia and subject to the exclusive jurisdiction of the Australian courts.
These terms have two parts:
If you are a business registered in Australia, you are eligible to place an order for the purchase of Pickie E-Gift Cards ("Order"). Orders may be subject to a minimum Order value. Pickie may refuse an Order in its discretion, including if Pickie believes an Order is not a genuine purchase.
Payment for your Order must be made via credit card, charge card or debit card or, if available, via bank transfer at the time that the Order is placed. Service fees may apply to your purchase of E-Gift Cards.
Exceptionally, we may agree to accept payment after the time of Order - this is always subject to our written approval and may be subject to credit checks. If we do give this approval, payment must be made within 14 days of the placement of the Order.
Pickie is under no obligation to issue any E-Gift Cards until full payment for your Order has b
een received. Title to an E-Gift Card passes to you on full payment.
All E-Gift Cards will be sent to you by email. Risk in an E-Gift Card passes to you upon delivery. If there are any issues with your Order, you must notify Pickie within 72 hours of delivery.
Purchases of E-Gift Cards by businesses are non-refundable. Purchases of E-Gift Cards by consumers (but not businesses) have a 14 day refund period from date of receipt, after which they are non-refundable. On refund, E-Gift Cards will be cancelled and the E-Gift Card will become void.
Pickie reserves the right not to fulfil an E-Gift Card that has not been redeemed, in which case the purchaser will be refunded.
In the event that:
Pickie may cancel its contracts with you, suspend any further Orders from being placed or fulfilled and deactivate any E-Gift Cards which have not been paid for, without liability to you.
Pickie will not be liable, in contract, tort (including, without limitation, negligence) or otherwise pursuant to or in connection with these terms for:
suffered or incurred by you out of or in connection with the provision of any E-Gift Cards or under these terms. In the event that an E-Gift Card does not work, your sole remedy and our sole liability will be the replacement of the E-Gift Card.
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence or fraud.
You may not use any trade mark, logo, service mark, designation, product image or any other trading name or get-up of Pickie ("Pickie Brand") without our prior written consent. We may withdraw such consent at any time by notifying you.
Pickie’s Privacy Policy at https://pickie.com.au/privacy explains how we collect or handle personal information.
In addition to these terms, the general Pickie terms and conditions found on https://pickie.com.au/legal will apply to your purchase of E-Gift Cards. A person who is not a party to these terms will acquire no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or take the benefit of any of these terms.
Contact info@pickie.com.au for further details or if you have any questions.
Pickie E-Gift Cards may only be redeemed for purchases of menu items from https://pickie.com.au/ or the Pickie AU app.
E-Gift Cards cannot be:
Your E-Gift Card expires on the date stated on the email in which the E-Gift Card was delivered by us. If there is no expiry date specified (or the date stated on the email in which the E-Gift Card was delivered is less than 3 years after the date your E-Gift Card was purchased) E-Gift Cards will expire 3 years after the date the E-Gift Card was purchased. You will be unable to use any E-Gift Card not redeemed before this expiry date.
Once you redeem your E-Gift Card, you must use that credit before the expiry date of the E-Gift Card. Any credit that has not been spent by the expiry date will be cancelled and will no longer be available in your Pickie account.
To redeem your E-Gift Card, enter the unique code on the E-Gift Card at the checkout when you place your next order and your Pickie account will be credited with the amount loaded on your E-Gift Card. Once credited to a Pickie account E-Gift Cards are non-refundable and non-transferable.
If your purchase exceeds your total credit, the rest of your order must be paid with another payment method accepted under our general terms (see https://pickie.com.au/legal).
If your purchase is less than your total credit, the balance of your credit will remain available on your account for future purchases. To view your credit balance, visit your Pickie account.
If you use credit (in full or in part) to pay for your Pickie order and your order is cancelled or you are entitled to a refund, your refund will be issued to you in the same form as the original payment was made (ie as a credit). There will be no monetary exchange for returned or cancelled orders made with credit.
Please look after your E-Gift Card. Pickie is not responsible if any E-Gift Card is lost, stolen, or used without your permission and if this happens your E-Gift Card will not be replaced.
Pickie is not responsible for E-Gift Cards sold or distributed by an unauthorised third party.
If an E-Gift Card is abused, or an E-Gift Card which we know or suspect was obtained fraudulently is redeemed and/or used to make purchases on our service, Pickie may:
When you use your E-Gift Card on our website or our app, the general Pickie terms at https://pickie.com.au/privacy will also apply.
Pickie’s Privacy Policy (available on https://pickie.com.au/legal) explains how we use your personal information.
If you have any issues with your E-Gift Card, contact our Customer Support Team at info@pickie.com.au.
This section (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the "Items") from our http://pickie.com.au website or mobile applications and related services (each referred to as an “Application”) to be collected by you from the relevant Shop (each a “Pick-up Order”). Please read these Terms carefully before placing any Pick-up Orders on our Application. If you have any questions relating to these Terms please contact info@pickie.com.au before you place a Pick-up Order. If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.accc.gov.au/consumers/consumer-rights-guarantees. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Pickie account, you confirm that you accept these Terms.
http://pickie.com.au is operated by App4 Pty Ltd ABN 16 638 186 731 a company incorporated in Australia and whose registered office is Unit 1/ 783 Station Street, Box Hill North VIC 3129. Our ABN is 16 638 186 731. You may contact us at info@pickie.com.au or by using the instant messaging facility on our Application.
Our objective is to link you to the Shops we partner with (“Partner Shops") and allow you to order Items for collection (our “Service”). Where you order from a Partner Shop, Pickie acts as an agent on behalf of that Partner Shop to conclude your Pick-up Order from our Application and to manage your experience throughout the order process. Once you have placed a Pick-up Order, you will be required to collect your Items directly from the Partner Shop at the location specified in the Application (the “Pick-up Location”). In some cases, the Partner Shop may be owned by or affiliated with us.
Before you can place Pick-up Orders using our Application, you need to open a Pickie account. If you have a Pickie account for delivery orders, you will use the same account for Pick-up Orders. If you open an account for Pick-up Orders, you will also use that account for delivery orders. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with a Pick-up Order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
You will be able to place Pick-up Orders from a range of Partner Shops within a prescribed area, based on proximity to your current location on the Application. Our Partner Shops each decide their own operating hours. That means that the availability of our Service, and the range of Partner Shops from which you can order to pick-up, depends on the Partner Shops in your area. If you try to place a Pick-up Order outside the operating hours of a Partner Shop, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
When you place a Pick-up Order through our Application, it needs to be accepted by us or the Partner Shop before it is confirmed. Your Pick-up Order may be rejected at any time. Our Partner Shops may, for example, reject your Pick-up Order if they are too busy or the Items you have ordered are temporarily unavailable.
We will send you a notification if your Pick-up Order has been accepted (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account and for complying with these Terms, even if you have ordered the Item for someone else. Some Partner Shops operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.
Partner Shops may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Shop prior to ordering if you have an allergy. Pickie cannot guarantee that any of the Items sold by our Partner Shops are free of allergens.
When you place a Pick-up Order which is accepted by the Partner Shop, the Partner Shop will tell you the time when your Items are expected to be ready for pick-up (“Target Pick-up Time”). The Target Pick-up Time is not guaranteed by either us or our Partner Shops. You will be required to collect your Items directly from the Partner Shop at the Pick-up Location. You must arrive at the Partner Shop to collect your Items at or just before the Target Pick-up Time. Our Partner Shops will hold your Items for you for 30 minutes after the Target Pick-up Time. If you fail to collect your Items within 30 minutes after the Target Pick-up Time, the Partner Shop may dispose of your Items. You will still be charged for the Item in the event you fail to pick-up your Item from the Partner Shop.
Unfortunately despite our, and our Partner Shops’, best efforts things do not always go to plan and there may be times when your Items are not ready for pick-up at the Target Pick-up Time. We will work with you to make things right unless you have caused the delay (e.g. because you changed your Pick-up Order after it was confirmed).
You have a legal right to receive goods which comply with their description, which are of acceptable quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Pick-up Order. If you are still at the Pick-up Location and you believe that the Items you have picked up do not comply with these legal rights, please raise this issue with the Partner Shop directly so they can try to resolve your issue.
If you have left the Pick-up Location by the time that you believe the Items you have picked up do not comply with your legal rights, or if the Partner Shop is unable to resolve your issue in the first instance, then please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, unless we have reasonable cause to believe that the problem was caused after pick-up.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the Pick-up Order, your account history, what happened on or immediately after pick-up and information from the Partner Shop.
Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold to persons aged 18 or over. By placing a Pick-up Order for an age restricted product, you confirm that you are at least 18 years old. Pickie operates the Challenge 25 age verification policy whereby customers who look younger than 25 years old will be asked by the Partner Shop to provide proof that they are aged 18 or over. Partner Shops may refuse to sell any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Partner Shops may also refuse to sell alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If the sale of any age restricted product is refused, and the Partner Shop confirms to Pickie that the relevant Item was not provided to you, Pickie will process a refund for the relevant Item to the card from which you paid for your Pick-up Order. If you paid for your Pick-up Order in cash at the Partner Shop, the Partner Shop will process the refund for you.
You may cancel a Pick-up Order without charge at any time before the Shop Partner has started preparing the food (a "Started Order"). If you wish to cancel a Pick-up Order before it becomes a Started Order, please contact us immediately via our Application. If the Partner Shop confirms the Pick-up Order was not a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the Pick-up Order - see Voucher and Account Credit Terms for more detail). If you cancel any Pick-up Order after it becomes a Started Order, you will be charged the full price for the Items.
Pickie and the Partner Shop may notify you that a Pick-up Order has been cancelled at any time. You will not be charged for any Pick-up Orders cancelled by us or the Partner Shop, and we will reimburse you for any payment already made using the same method you used to pay for your Pick-up Order. We may also apply credit to your account to reflect the inconvenience caused.
Prices include GST. You confirm that you are using our Service for personal, non-commercial use unless you request a GST invoice. Pickie may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Partner Shops. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed Pick-up Orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any Pick-up Orders in process and appearing within your basket, provided you complete and place the Pick-up Order within 2 hours of creating the basket. If you do not conclude the Pick-up Order before the 2 hour cut-off, the items will be removed from your basket automatically and the price change will apply if you re-add the relevant items to your basket. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the Pick-up Order at the original price or cancelling the Pick-up Order without charge and with a full refund of any money already paid.
The total price of your Pick-up Order will be set out on the checkout page on our Application, including the prices of Items and applicable Service Fees and taxes.
We are authorised by our Partner Shops to accept payment on their behalf and payment of the price of any Items to us will fulfil your obligation to pay the price to the Partner Shop. Payment for all Items can be made on our Application by credit or debit card, or such other payment method made available by Pickie. Once your Pick-up Order has been confirmed, your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Pickie acting as agent on behalf of the Partner Shop only. Payment may also be made by using vouchers or account credit. Use of these is subject to Pickie's Voucher and Account Credit Terms.
Partner Shops sometimes make special offers available through our Application. These are visible when you look at a Partner Shop menu. These offers are at the discretion of the Partner Shops. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.
We acknowledge that the Competition and Consumer Act 2010 (Cth) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms is intended to exclude or restrict the application of such non-excludable terms to these Terms.
Accordingly, nothing in these Terms affects any rights that you may have which we can’t by law exclude. If Pickie breaches a non-excludable term or condition, it will be liable for that breach.
However, to the extent permitted by law, any liability of Pickie is limited to the re-supply of the relevant Item, or payment of the cost of re-supplying the relevant goods or services again.
Subject to the information set out above in this clause 11, and to the maximum extent permitted by law:
Our liability to you for any loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage whether our liability is in contract, tort (including negligence), under any statute or otherwise.
All personal information that you supply in connection with the Application will be collected, used, disclosed and managed by us in accordance with our Privacy Policy which can be found at https://pickie.com.au/privacy. You consent to Pickie dealing with your personal information in accordance with the Privacy Policy.
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waive their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.
These Terms are governed by the laws of the state of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
From time to time, Pickie may make special offers available to new users of our platform.
