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MILKRUN Australia Terms and Conditions

For New Zealand related Terms and Conditions, please view here

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These terms and conditions are important and you should read them fully. But there are some specific terms we wanted to make you aware of. These are set out below. 

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  • We may stop making the App available without prior notice. However, if we do, any Orders made won’t be affected unless the relevant products are no longer available or we or one of our partners are prevented from supplying those products. (see clause 1.6(d) for more details). 
     

  • We may cancel your Order for certain reasons and may reject your Order for any reason. If we reject your Order, we will endeavour to provide you with notice of that rejection. (see clauses 1.9, 2.5, 3.1 and 3.5 for more details).
     

  • MILKRUN is not responsible for the delivery of your Order, and is not liable for any external websites accessible on the App. (see clauses 1.7, 3.3(a) for more details).
     

  • If you request your Order to be delivered inside a premises or building and we agree to do so, you are responsible for loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address (see clause 3.3(g) for more details)
     

  • Without limiting your consumer law rights, MILKRUN and Woolworths are not liable to you for any indirect or consequential loss other than where such loss arises as a result of our own negligence or wilful misconduct. Our liability to you under these terms will be reduced to the extent you either caused or contributed to that loss or damage. (see clause 4 for more details).
     

  • We will not be liable for any damage to products delivered by us or our delivery Partners from the date and time of delivery, including unattended deliveries at the Delivery Address (see clause 3.4 for more details).
     

  • MILKRUN has its own returns policy for products purchased via the App (see clause 3.7 for more details).
     

  • We may change these terms and conditions at any time. However, the terms and conditions current as at the time we accept your Order will apply (see clause 4.3 for more details).

1. App Conditions of Use

1.1 Introduction

  1. Thank you for shopping with us. Please read these terms and conditions before accessing or using the MILKRUN mobile application (the App) and/or www.MILKRUN.com. (the Site).
     

  2. References to “you” or “your” in these terms and conditions are references to the customer.
     

  3. The App is operated by MILKRUN Delivery Pty Limited (ABN 64 654 921 525) (MILKRUN, us or we).
     

  4. For Orders, MILKRUN acts as an agent on behalf of Woolworths Group Limited (Woolworths).

1.2 Your Agreement to the terms and conditions

By accessing and using the App, including placing Orders through the App, you agree that you will be subject to and will comply with these terms and conditions.

1.3 Registration and use of your account

  1. You must complete the customer registration process through the App before placing an Order through the App.
     

  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 the App.
     

  3. You are responsible for maintaining the confidentiality of all login details (and MILKRUN is not responsible or liable for unauthorised access to your account).
     

  4. This App is not intended to be used while driving. You must comply with any road rules and not use the App or your mobile device in any manner contrary to the road rules. The road rules provide that it is an offence for a driver to use a mobile phone that the driver is holding in his or her hand

1.4 Your obligations

A) You:

  1. must ensure that your LoginID and one time password that are used to access the App and the details of your account are kept in a safe and secure manner; 
     

  2. must notify us through our Customer Service Centre on 1300 092 577 during Contact Hours if you are or become aware that there is or has been an unauthorised use of your account, or any other security breach relating to your account;
     

  3. must promptly advise us of any changes to your information provided to us as part of the customer registration process;

  4. ​
     

  5. are responsible for any costs associated with your access to or use of the App, including Internet access or data fees;
     

  6. are responsible and liable for any person that uses your LoginID and password to place an Order through the App;
     

  7. agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the App; and
     

  8. should check the labels on the Products before consumption or use.
     

B) You must not:

  1. use the App for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
     

  2. use the App in a manner or way, or post to or transmit to or via the App any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the App;
     

  3. make fraudulent or speculative enquiries, purchases or requests through the App;
     

  4. use another person’s details without their permission or impersonate another person when using the App;
     

  5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
     

  6. tamper with or hinder the operation of the App;
     

  7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the App;
     

  8. use any robot, spider, app search and retrieval application or other mechanism to retrieve or index any portion of the App;
     

  9. modify, adapt, translate or reverse engineer any portion of the App;
     

  10. remove any copyright, trade mark or other proprietary rights notices contained in or on the App;
     

  11. reformat or frame any portion of the pages that are part of the App or the Site; 
     

  12. create accounts by automated means or under false or fraudulent pretences;
     

  13. use the App to violate the security of any computer or other network or engage in illegal conduct;
     

  14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
     

  15. use the App other than in accordance with these terms and conditions; or
     

  16. attempt any of the above acts or engage or permit another person to do any of the above acts

1.5 Warranties

You warrant that:

  1. all information and data provided by you to us through the App (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
     

  2. the person receiving the Products at the Delivery Address or collecting the Products is authorised by you to do so; and
     

  3. you have and will comply with all relevant laws relating to your use of the App and your placement of any Order to us

1.6 Suspension of account

  1. We reserve the right to refuse service, terminate or suspend accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the App in a fraudulent or improper manner. MILKRUN also reserves the right to otherwise cancel Orders in accordance with clause 3.5 of these terms and conditions.
     

  2. We may immediately suspend, terminate or limit your access to and use of the App and (where relevant) your account if you breach these terms and conditions and

    • the breach cannot be remedied;

    • you fail to the remedy the breach within 10 days of our notice to you of that breach; or

    • if there is an emergency.
       

  3. You may stop using the App at any time and for any reason.
     

  4. We may stop making the App (or any part of it) available without prior notice. If so, any Orders that have been accepted will not be affected by this unless the Products that have been ordered are no longer available or the Products are unable to be supplied, in which case, we will notify you and will arrange for all valid payments received by those Products to be refunded to you.

1.7 Links on the App

The App may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:
 

  1. we make no representations or warranties, or have any responsibility or liability for those websites; and
     

  2. these links do not indicate, expressly or impliedly, that we endorse the websites or the products or services that are provided at those websites.
     

You agree that you access and use the products and services made available at those Apps solely at your own risk

1.8 Accuracy of information on the App

MILKRUN attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this App, is accurate, complete, reliable, current or error-free

1.9 Safety and refusal or cancellation of Orders, delivery or your account

A) We are committed to ensuring the safety and protection of our staff and our delivery partner drivers.
As such, we may

  1. refuse to accept or cancel your Order/s;
     

  2. restrict or remove access to your account and/or ability to place an Order (whether in relation to your account details, or Delivery Address); 
     

  3. refuse delivery of your Order or delivery of any order to your Delivery Address; or 
     

  4. any such other action we deem necessary,

    where we reasonably suspect that:
     

  5. you (or someone using your account details or present at the Delivery Address) have

  • verbally assaulted any of our staff (whether these staff are in-store, online or otherwise) or delivery partner drivers;

  • physically assaulted or attempted to physically assault any of our staff or delivery partner drivers;

  • engaged in any offensive, inappropriate or threatening behaviour;

  • damaged or attempted to damage any of our delivery vehicles; 

  • engaged in any fraudulent or potentially criminal behaviour; or

  • have been issued with a banning notice for any physical store; or

  • there is a hazard at the Delivery Address which creates an unsafe, dangerous or threatening situation for our staff or delivery partner drivers including (but not limited to):

  • unsecured pets on the property; or

  • an inaccessible or dangerous environment such as a very steep or long driveway.

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B) Where we do any of the above, we will endeavour to notify you either at the time of the Order, delivery, pick up or within a reasonable time thereafter, however you agree that such notification (and absence of such notification) does not affect our rights detailed in this clause 1.9

2. Ordering and Purchasing Products Generally

2.1 Ordering Products

  1. You may order Products by selecting and submitting your Order through the App in accordance with these terms and conditions.
     

  2. Products are sold by Woolworths, each Order that is accepted by Woolworths, results in a separate binding agreement between you and Woolworths for the supply of the Products. MILKRUN are not a party to that agreement nor do we assume any responsibility arising out of or in connection with it. For each Order accepted by us, Woolworths will supply each Product in that Order to you in accordance with these terms and conditions. 
     

  3. Woolworths, not MILKRUN, is responsible for:

    • the quality of Products;

    • the App information displayed on the relevant Product detail page; and

    • providing remedies to you in respect of any claims and any other issue arising out of or in connection with the agreement between you and Woolworths.
       

  4. Any Order placed through this App for a Product is an offer by you to purchase the particular Product from Woolworths for the price notified (including the delivery and other charges and taxes) at the time you place the Order through the App.
     

  5. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the App.
     

  6. You agree to provide us with current, complete and accurate details when asked to do so by the App.
     

  7. The following minimum amounts apply to Orders placed through the App:


    Dependant on the store your order is placed from, excluding Delivery Fee. (This will be communicated in our app).

    These amounts are subject to change by us from time to time, and will be communicated to you through the App and/or in these terms and conditions.

2.2 Fees and Charges

  1. You agree to pay the following fees and charges in relation to an Order that you place through the App which is accepted (as applicable):

    • the purchase price of each Product that is ordered as identified in the App;

    • the delivery and/or service fee shown on the App and displayed when you place your Order (Delivery Fee); and

    • any other fees and charges set out in these terms and conditions.
       

  2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable. 
     

  3. The purchase price of each Product is shown on the product list on the App at the time you place your Order. 
     

  4. If a Product that you have ordered is not available and we have not provided you with a substitute or the Product is a weight ranged product and is supplied below the maximum weight then where we have taken payment for your Order at the checkout, we will provide you with a refund within 3-5 business days to your original payment method or alternative means to the value of the Products (excluding the Delivery Fee) that were not supplied to you. 
     

  5. You acknowledge that:

    • there is no requirement on us to match any prices for any Products, including matching any prices for a Product that is available through the App at a Woolworths supermarket, Woolworths Metro store, or vice versa; and

    • all pricing for a Product displayed on the App may differ depending on the postcode you have selected (for example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne).
       

  6. Just like in Woolworths’ supermarkets, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted the Order, we will not change any prices that apply to the Products in that Order.

2.3 Payment methods

  1. You must pay the fees and charges in the App using the mobile payment services in clause 2.3.2.
     

  2. We accept the following mobile payment services:

    • Apple Pay;

    • Google Pay;
       

  3. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of the dishonour and cancel your Order.
     

  4. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

2.4 Invoices

We will provide you with a receipt for the Products in your Order at time of delivery (as applicable) which specifies the total fees and charges for the Products in the Order and the out of stock items (if any).  Where we have charged you for the Products in your Order at the time your Order was confirmed, the receipt will also include the dollar value refunded to your card of purchase for any out of stock items or weight ranged items supplied below the maximum weight.

2.5 Fraud and risk assessment

We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms and conditions. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from MILKRUN or Woolworths, please contact our Customer Service Centre on 1300 092 577 during Contact Hours or email help@milkrun.com.

2.6 Everyday Rewards

MILKRUN customers will need to create an online account in the MILKRUN App and link their registered Everyday Rewards account in the ‘My Account’ page of the app to start collecting Everyday Rewards points on eligible purchases. Customers will earn 1 standard Everyday Rewards point for every dollar spent in the MILKRUN app for orders paid for and delivered, after discounts or vouchers have been applied. Customers will not be able to collect additional Everyday Rewards points via points boosters, unless stated otherwise in the points booster's terms and conditions. Visit everydayrewards.com.au/terms for full terms and conditions

3. Products

3.1 Acceptance or Rejection of an Order

  1. Woolworths and/or MILKRUN may accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the App or an error in your Order.
     

  2. If we reject an Order placed through the App, then Woolworths or MILKRUN will endeavour to notify you of that rejection at the time you place that Order or within a reasonable time after you submit that Order. If any payment has been processed for an Order that has been cancelled or part thereof, we will refund the relevant amount.

3.2 The sale of Restricted Products - Liquor products

  1. For MILKRUN Orders containing liquor, we act as an agent on behalf of Endeavour Group Limited (ABN 77 159 767 843) (Endeavour).
     

  2. If accepted, the sale of liquor pursuant to the agreement to sell from this Site is made at the Endeavour licensed premises, as set out in the Liquor Licence page. Your contract of sale is with the relevant licensee at the relevant premises from which your order is accepted and fulfilled. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the above mentioned licensed premises.
     

  3. MILKRUN and Endeavour both support the responsible service of alcohol. It is an offence to supply alcohol to a person under 18 years of age. It is Endeavour’s policy to check ID upon delivery of anyone who appears under 25.
     

  4. For MILKRUN Orders containing liquor, MILKRUN reserves the right to check ID at the point of purchase through a third party verification service.
     

  5. MILKRUN and Endeavour reserve the right not to fulfil or deliver the entire Order if the Order contains liquor or other Restricted Products and we, or our delivery partners, are unable to fulfil or deliver the liquor or other Restricted Products in accordance with this clause 3.2 or our legal obligations.
     

  6. You are not permitted to purchase any liquor or other age-restricted items for resale to a third party or for trade purposes. If we have a concern with the quantity of item(s) you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order and/or reduce the size of the Order. Refer to information about retail purchasing limits here.
     

  7. You:​​

    • acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years;​

    • warrant that you are not obtaining alcohol (including liquor Products) on behalf of a person under the age of 18 years; and

    • acknowledge that MILKRUN will not deliver liquor Product to a person who is intoxicated

3.3 Product Purchase Limits

  1. MILKRUN and Woolworths may at their sole discretion place limits on the number of Products or items available for sale in one transaction. We will inform you of such limits when you place an Order or within a reasonable time after you submit your Order.
     

  2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit that Order.
     

  3. If we reasonably believe you are placing multiple Orders, whether under the same or different registration details, other than for personal use, all such Orders may be cancelled by us without notice to you and we reserve the right to suspend or terminate your account in accordance with these Terms and Conditions.

3.4 Delivery of Products

  1. You acknowledge that MILKRUN is not responsible for the delivery of your Order.
     

  2. You cannot pick up your MILKRUN Order from a Woolworths Metro store or Woolworths supermarket.
     

  3. We will only deliver Products ordered through the App to a location where we provide delivery services. You can check our delivery areas by entering your postcode or location in the App.
     

  4. You may obtain further information on the App about our delivery timeframes and how we deliver your Products. Although we endeavour to deliver those Products within the estimated 60 minute timeframe provided at the time of your Order, these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and MILKRUN will not provide any refund or discount on your Order or Delivery Fee for late deliveries.
     

  5. You agree to comply with certain delivery requirements specified in these terms and conditions and such other requirements that we notify to you when you place your Order through the App.
     

  6. We will deliver your Order using a contactless delivery services where we deliver to you (unless you have chosen the “leave at door” option) and will deliver the Products to the front door at the relevant Delivery Address, take a photo of the Products to confirm delivery and knock on your door or otherwise attempt to notify you of your delivery.If you request us to deliver your Order inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.  If select the “deliver to you” option for your Order but you are not present at the Delivery Address to accept the delivery or we cannot contact you, we will leave your order unattended at your nominated spot at the Delivery Address or such other spot which we determine is suitable for delivery at the time.
     

  7. If you select the “leave at door” option for your Order, we will endeavour to contact you at the Delivery Address or on your nominated telephone number once we arrive at the Delivery Address (unless you have requested that we do not attempt to contact you). If we cannot contact you, we will leave your order unattended at your nominated spot at the Delivery Address or such other spot which we determine is suitable for delivery at the time.
     

  8. You acknowledge that we or our Partners may record the details of any identification provided in relation to delivery of Products.
     

  9. If your MILKRUN Order contains a Restricted Product, then you (in Victoria) or you or a nominated recipient (in NSW) must be present to accept the delivery of that MILKRUN Order and, at our or our delivery partner’s request, provide us with photographic identification.
     

  10. If there is no one or no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to receive the MILKRUN Order then we will not deliver any of the MILKRUN Products that you have ordered.
     

  11. In this instance, we will cancel and refund the MILKRUN Order. We will not attempt to re-deliver the Order.
     

  12. You:

    • ​acknowledge and agree that any person at the Delivery Address who receives the MILKRUN Order is authorised by you to receive your MILKRUN Order and, where relevant, make payment for that MILKRUN Order;

    • will ensure that the person receiving any  liquor or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law;

    • will ensure that Restricted Products are not delivered to unattended locations; and

    • acknowledge that we may record the details of any identification provided in relation to delivery of MILKRUN Products.

3.5 Risk and Title

Where Products are delivered by us or our Partners: 

  1. risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address);
     

  2. title to the Products passes to you on the later of the date and time of:

    • payment for those Products; and

    • delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address).

3.6 Cancellation of Orders

  1. We may cancel any Order or part of a Order (including any Orders that have been accepted) without any liability to you for that cancellation at any time if:

    • the requested Products in that Order are not available; or

    • there is an error in the price or the product description posted on the App in relation to the relevant Product in that Order; or

    • that Order has been placed in breach of these terms and conditions.
       

  2. If your Order is cancelled: 

    • under clause 3.5(a)(i) or 3.5(a)(ii) (where product is unavailable or there is a pricing or product description error) we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee, or other fees and charges, will be refunded to your original payment method or through an alternative means. 

    • under clause 3.5(a)(iii), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation.

    • in all other circumstances, you may cancel your Order (in full and not in part) by contacting our Customer Service Centre on 1300 092 577 during Contact Hours before your Order has been collected for delivery to you by our delivery partner. 

3.7 Substitution of Products

  1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we may not be able to provide you with that Product.
     

  2. If we are unable to provide you with a Product we will, unless you have opted out of substitutions, endeavour to provide you with a substitute Product:
     

    • when the Product you have selected is not available; or

    • if we are not able to supply to you the Product that you have selected.
       

      We aim to select substitute Products that are of similar value and quality, but we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available. We may not provide a substitute option for some Products (e.g. baby formula). Where you have opted in to receiving substitute Products, we may contact you via telephone, SMS or email to discuss possible alternatives to include in your Order.
       

  3. We will endeavour to provide you with a substitute Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Product you ordered rather than the price of the substitute Product. Where we have provided you with a substitute Product of lesser value, we will refund you to your original payment method or through an alternative means the difference in price of your selected Product and substituted Product.
     

  4. Where a Product that you have selected is substituted with another Product, we cannot ensure that that substitute Product caters to your specific dietary requirements, including allergies. Please read the labels of each Product (and any substitute Product provided to you) for dietary and allergy information.
     

  5. You may opt out of receiving substitutions for a Product that is out of stock or temporarily unavailable. If so, we will notify you of those Products in your Order, and will arrange for all valid payments received by those Products to be refunded to you.

3.8 Returns Policy

  1. If you change your mind
     

    • Until further notice, neither we nor Woolworths will provide a refund or exchange where you have changed your mind about Products purchased from on the App.
       

    • If you have purchased additional items, we encourage you to share with those in need, in particular the elderly and most vulnerable.
       

  2. Faulty Products
     

    • If a Product you purchase on the App is faulty, please contact our Customer Service Centre on 1300 092 577 during Contact Hours or email help@milkrun.com and we will cheerfully refund the purchase price for the Product or speak to you about another suitable solution. Our Customer Service team may require you to provide identification showing your name, address and signature in the above instances, as well as a verification of the faulty Product. These details will be recorded for loss prevention purposes. If you wish to obtain information on our Privacy Policy, you can find it here.
       

    • For some high value items, we reserve the right to have the product assessed for acceptable quality prior to providing you with a suitable remedy. For products that cannot be assessed by us, we will arrange for the product to be sent to the manufacturer for assessment.
       

    • It may be more convenient for you to liaise with the manufacturer directly (which may be more time efficient). You certainly have that option. Our Customer Service Team is happy to provide you with their relevant contact details to assist you.
       

  3. Rainchecks
     

    • Rainchecks will not be available on any advertised stock purchased until further notice. ‘Advertised stock’ includes any Product advertised for sale, or which is on promotion on the App.
       

  4. Additional information
     

    • If your Product cannot be easily returned because of the nature of the fault, the size of the Product or because it is affixed to your premises, please contact our Customer Service Team on 1300 092 577 during Contact Hours and we will arrange for the product to be assessed and a suitable remedy provided.
       

    • Where applicable, when you return a product we ask that you return the product with accessories and instruction manuals.
       

    • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

      • to cancel your service contract with us; and

      • to a refund for the unused portion, or to compensation for its reduced value.
         

    • You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. 
       

    • Woolworths, not MILKRUN, are responsible for providing you with remedies under the Australian Consumer Law for major and non-major failures in respect of Products.
       

    • Our returns policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 4.1.

3.9 Fresh or Free Guarantee

  1. In addition to your other rights and remedies at law and the return policy set out above, Woolworths also offers you a “Fresh or Free Guarantee” on certain packaged fresh food items in Orders. If you are not satisfied with any packaged item marked with the “Fresh or Free Guarantee” in an Order, notify Customer Service Centre on 1300 092 577 during C`ontact Hours or email help@milkrun.com. You will receive a refund on the affected Products back to your original payment method and a credit to the value of the affected Product which you can use to purchase a replacement Product from the App as part of a future Order.
     

  2. The above Fresh or Free guarantee applies to all packaged items marked with the “Fresh or Free Guarantee” purchased across the App. Please contact our Customer Service Centre on 1300 092 577 during Contact Hours if you have any queries.

4. General

4.1 Liabilty

  1. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or MILKRUN’s or Woolworths’ liabilities under those provisions:
     

    • you acknowledge that the App is provided "as is" and that we do not make any warranty or representation as to the suitability of the App for any purpose;
       

    • we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the App or the subject matter of this agreement; and
       

    • we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
       

  2. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

4.2 Intellectual property rights

A) You:

  1. acknowledge that the copyright in the App, the software, design, text and graphics comprised in the App, the selection and layout of the App and the content and materials on the App (together, the Materials), are owned by or licensed to us;

  2. acknowledge that the listing content and materials that appear on the App in relation to Products are owned by Woolworths or their partners and licensed to us;

  3. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

  4. must not frame or embed in another App any of the material appearing on this App without our prior written consent.
     

B) You may:

  1. store a reproduction of the content on this App on your local computer or mobile device for the sole purpose of viewing the content and Materials; and

  2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
     

C) This App contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the App or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the App that are owned by other third parties (including Woolworths, our Partners and our suppliers) without obtaining the relevant third party owner’s consent.

4.3 Changes to these terms and conditions

  1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms and conditions may therefore be different. We recommend that you read these terms and conditions carefully each time you agree to them during the ordering process.
     

  2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the relevant Order are the terms and conditions that are applied at the time you placed your Order.

4.4 Severability

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

4.5 Jurisdiction

This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

4.6 Privacy and Commercial Electronic Messages

  1. Our Privacy Policy is available here and forms part of these terms and conditions. You acknowledge that you have read our Privacy Policy, Collection Notice, and understand that they govern your use of the App and the App’s related services, including purchasing goods and services from us or our Partners using the App.
     

  2. By using this app you agree that the we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the relevant technology.
     

  3. You agree that we and our Partners (via us) may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by MILKRUN via those channels or media. Your agreement to receive commercial electronic messages from MILKRUN will be effective until you opt out.
     

  4. You may opt out of the receipt of commercial electronic messages sent by MILKRUN by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving customer surveys, requests for feedback and market research (Customer Feedback Messages). If you wish to only opt out of Customer Feedback Messages, you may opt out by using the unsubscribe facility in the footer of any Customer Feedback Message (this won’t opt you out of other commercial electronic messages sent by MILKRUN). If you opt out receiving commercial electronic messages sent by MILKRUN, you will still receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or our collection notice, privacy policy, account transactions, Orders or other information relating to Products you have purchased.
     

  5. Opting out of receiving commercial electronic messages from MILKRUN will not withdraw your consent to receive messages from other Woolworths brands or MILKRUN Partners you have signed up to independently of your MILKRUN account. If you would like to opt out of receiving commercial electronic messages from other Woolworths brands or Partners, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.

5. Promotions

1. N/A

N/A

5. Definitions

Capitalised terms used in these terms and conditions have the meanings set out below:

App is defined in clause 1.1(a).

Contact Hours means Customer Service Centre operating hours, Monday to Sunday 9.00 am to 9.00pm Australian Eastern Standard Time.

Delivery Address means the address specified by you for the delivery of Products that we, or a delivery partner will supply to you under these terms and conditions. 

Delivery Fee has the meaning given in clause 2.2(a)(ii).

Order means an Order that contains one or more Products.

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

LoginID means the email address or phone number that you provided to us as part of the registration process to use the App.

Materials is defined in clause 4.2(a)(i).

Order means any order for a Product or Products submitted using the App.

Partner means any company which MILKRUN engages to assist with the provision of goods and/or services to customers including but not limited to Woolworths supermarkets.

Product means each good or service that is advertised for purchase by you on the App.​

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