Terms & Conditions
- Juicy Banana Pty Ltd General Terms & Conditions UsersPART 1 – INTRODUCTION1.1 Juicy Banana Pty Ltd (ABN 82 648 769 742) (www.bigsamyoung.com.au) operates an online ordering platform at this website (Site) for users (you) to purchase pre-prepared refrigerated meals, food, beverages (including alcohol) and retail products (Products) from Juicy Banana Pty Ltd, hospitality and retail providers (Restaurant and Retail Partners) which will be delivered to you.1.2 Juicy Banana provides a platform for the sale and delivery of Products and facilitates the transaction between you and Juicy Banana.
1.3 This Site is only intended for use by people residing in Australia.
PART 2 – TERMS
2.1 You are required to comply with these terms and conditions and any Juicy Banana policies (Policies) (together, the Terms) to access or use the Site, platform, content, Products and Juicy Banana’s Services.
2.2 You agree to the Terms when you access and use the Site. You may not access or use the Site if you do not agree.
2.3 The Terms that apply are those that are published at the time of your access or use of the Site. Juicy Banana reserves all rights to alter the Terms from time to time and at its sole discretion.
2.4 Before using this Site you are required to be aware of and comply with the Terms that apply at the time you use or access the Site.
2.5 Juicy Banana reserves all rights, acting reasonably, to restrict, suspend or terminate you from accessing or using Juicy Banana’s Services, or any part of those services, at its sole discretion, immediately and without notice to you on the following grounds: (a) You have or are likely to breach the Terms or Policies; (b) You do not or are likely not to meet one or more of the requirements or conditions set out in the Terms or Policies; (c) You do not or are likely not to qualify under one or more of the requirements or conditions to use the Juicy Banana’s Services at law.
2.6 Otherwise Juicy Banana reserves all rights, acting reasonably, to restrict, suspend or terminate you from accessing or using Juicy Banana’s Services, or any part of those services, at its sole discretion, by giving you written notice for any legitimate business, legal or regulatory reason.
PART 3 – JUICY BANANA’S SERVICES
3.1 Juicy Banana provides you access and use of the Site and online ordering platform to: (a) Search for, order and pay for Products from Juicy Banana and Retail Partners; and (b) arrange delivery of Products from Juicy Banana and Retail Partners. (Juicy Banana’s Services)
3.2 Juicy Banana’s Services are for your personal, non-exclusive, non-commercial, non-transferable use.
3.3 Some of Juicy Banana’s Services are only available for use by persons 18 years of age or over, including ordering, purchase, collection or delivery of alcohol.
3.4 You must comply with Juicy Banana’s Alcohol Policy in respect of the ordering, purchase, collection or delivery of alcohol.
3.5 You agree to receive promotional emails, text messages or other communications in connection with your use of Juicy Banana’s Services.
PART 4 – ORDERING
4.1 You are able to order Products from Juicy Banana and Retail Partners for delivery.
4.2 When you order Products, your order will be allocated to Juicy Banana and or the relevant Retail Partner for fulfilment.
4.3 Where your order is to be delivered, it will be allocated to delivery date displayed on the item or the delivery date selected at checkout in accordance with the table below:
Wednesday Sydney metro, Sydney regional, Sydney South-West, Blue Mountains, Central coast, Taree, Port Macquarie, Singleton, Coffs Harbour, Grafton, Orange, Bathurst, Dubbo, Lithgow, Forbes, Mudgee, Cowra Thursday Sydney metro, Sydney regional, Sydney South-West, Southern higlands, South coast Friday Sydney metro, Sydney regional, Central coast, Sydney South-West, Wollongong, Newcastle metro Saturday Sydney metro, Sydney regional, Southern Highlands, South coast, Wollongong, Central coast, Taree, Port Macquarie, Singleton, Walcha, Coffs Harbour, Grafton, Orange, Bathurst, Dubbo, Lithgow, Forbes, Mudgee, Cowra
4.4 Orders will not be delivered on Sundays, or public holidays and delivery dates may be subject to availability.
4.5 If you order a Product that is unavailable at the time of collection or delivery to you, Juicy Banana or Retail Partner will contact you to make alternate arrangements (suitable to you) or refund you the price of the Product that is unavailable.
4.6 Items can be added or removed from an existing order only before 6AM 48 hours prior to the delivery date
PART 5 – DELIVERIES
5.1 You are able to order Products from Juicy Banana and Retail Partners for delivery (delivery charges apply).
5.2 Deliveries will be made by Juicy Banana’s chosen Delivery Partner who will endeavour to have your order delivered to you between 8AM-6:30PM.
5.3 Deliveries will be made by Juicy Banana (or its External Provider/Agent), to the address nominated by you, using reasonable endeavours to obtain a receipt or signed delivery docket from someone at the delivery address in order to acknowledge delivery, including a signature in electronic form as part of an Electronic Communication; however if the delivery address is unattended or a receipt or docket cannot reasonably be obtained, Juicy Banana (or its External Provider/Agent) may, and is authorised to, at its sole discretion, to leave your delivery unattended at your delivery address’s (which shall be conclusively presumed to be due delivery) doorstep (subject to any reasonable directions from you with your order).
5.4 If your nominated delivery address is an apartment, unit or other secured building you must provide us the access code, instructions or such other means to enter (subject to any reasonable directions from you with your order), otherwise the delivery (including non-delivery) will be at the discretion of Juicy Banana (or its External Provider/Agent).
5.5 Juicy Banana determines, at its sole discretion, the locations to which Products can be delivered. There is no guarantee that Juicy Banana will deliver to your location or postcode. If you order Products, such as pre-prepared meals or food requiring refrigeration (Refrigerated Products), your order will be refrigerated to the point of delivery. Refrigerated Products will be packaged in a Juicy Banana Box Pack which includes a gel pack to maintain temperature to the point of delivery.
5.6 Once the delivery has been made, you are responsible for ensuring any refrigerated Products are promptly refrigerated and that the temperature of the Refrigerated Products are maintained within safe levels. Juicy Banana will not be responsible for any loss (including theft) of delivered Products or their spoilage following delivery.
5.7 You acknowledge and accept that your use of the Juicy Banana’s Services may require Juicy Banana to engage one or more External Providers/Agents in order to deliver the Juicy Banana Services and you agree to Juicy Banana’s use of External Providers/Agents at its sole discretion.
5.8 The Products will be at your risk at the time of delivery to you.
5.9 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5.10 If you wish to change your nominated delivery address you will have to email firstname.lastname@example.org by 6AM 72 hours prior to your delivery date.
PART 4 – YOUR OBLIGATIONS
6.1 When accessing and using the Site to order and purchase Products, you warrant that: (a) you are legally capable of entering into binding contracts; (b) you are at 18 years of age or over (if you are ordering and purchasing alcohol); (c) you are the registered card holder or you have express authority from the card holder when making payment for an order by credit card; (d) you are the account owner, or you have express authority from the account owner when making payment for an order by Paypal; (e) you are resident in Australia; and (f) you are accessing the Site from Australia.
6.2 You agree to comply with all applicable laws and for lawful purposes when accessing or using Juicy Banana’s Services.
6.3 You may be asked to provide proof of identity/age to access or use Juicy Banana’s Services or to collect or receive delivery of Products (including alcohol). You acknowledge that you may be denied access or use, collection or delivery if you refuse to provide proof of identity/age upon request
6.4 Some of the Products available to purchase on the Site from Restaurant and Retail Partners will not be suitable for persons with allergy and dietary requirements. You acknowledge that it is your responsibility to determine what Products are suitable for you.
PART 7 – FEES AND PAYMENTS
7.1 The price of the Products and our delivery charges will be as quoted on the Site from time to time, except in cases of obvious error.
7.2 All prices include GST (goods and services tax) and are quoted in Australian dollars.
7.3 We may change Product prices and delivery charges at any time, but changes will not affect confirmed orders.
7.4 Payment for all Products must be by credit or debit card or Payal. Juicy Banana accepts payment with Visa,Mastercard & AMEX.
7.5 Orders will be allocated to Juicy Banana and or Retail Partners for fulfilment once full payment has been cleared. If the card payment is declined by your issuer for any reason, Juicy Banana cannot hold or allocate your order.
7.6 You will be provided a receipt (and, where requested, a tax invoice) in respect of Products purchased from Juicy Banana.
PART 8 – COMPLAINTS AND REFUNDS
8.1 You may make a complaint or request a refund to Juicy Banana.
8.2 Juicy Banana will manage requests for refunds in accordance with the Juicy Banana Refund Policy and the Australian Consumer Law.
8.3 If you have concerns with a Product purchased you should report the concern to the relevant Juicy Banana as soon as you become aware of any problem.
8.4 To the extent permitted by law, Juicy Banana limits its liability, at the option of Juicy Banana, to the replacement or resupply of a purchased Product, or the payment of the cost of replacement or resupply.
8.5 Juicy Banana will not offer a refund or return where you change your mind in respect of any purchase of a Product.
8.6 This Part is not intended to exclude, restrict or modify any of your consumer guarantee rights under the Competition and Consumer Act 2010 (Cth) and corresponding provisions of State or Territory legislation.
PART 9 – OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY
9.1 You acknowledge that: (a) Juicy Banana is the owner or licensee of all rights, title and interests, including Intellectual Property Rights, in the Site and its content; (b) The Site and its content are protected by copyright, trade mark or other Intellectual Property Rights and laws; (c) You will not use, or claim any ownership rights over Juicy Banana’s Intellectual Property Rights, unless you are expressly permitted, nor will you challenge Juicy Banana’s ownership rights over Juicy Banana’s Intellectual Property Rights; (d) You will not infringe any of Juicy Banana’s or any External Provider’s Intellectual Property Rights; and (e) You will not copy, reproduce, republish, or otherwise use, the Site or its content in any way except for your own personal, non-commercial use, as permitted by law.
PART 10 – WARRANTIES
10.1 Consumers have certain rights under the Australian Consumer Law, including consumer guarantees, which cannot be excluded at law, and the corresponding provisions of State or Territory legislation containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances. Nothing in these Terms operates to exclude those rights.
10.2 To the extent permitted by law you acknowledge and accept that your use of the Site and Juicy Banana’s Services: (a) is at your own risk; (b) is on condition that you have power and authority to purchase the Products you order under these Terms; (c) is on condition that Juicy Banana makes no warranties as to the suitability or fitness of the Site, the Products or Juicy Banana’s Services for you; (d) is on condition that Juicy Banana makes no warranties as to the reliability, correctness and accuracy of the information or content contained on the Site, or the availability of the Site or Juicy Banana’s Services; (e) is on condition that Juicy Banana will not be liable to you or any third party in connection with the Site, its contents or Juicy Banana’s Services, or any Products obtained by you through the Site, including with respect to any claim, proceeding, suit or demand that is made, threatened or commenced against Juicy Banana by a third party (including an External Provider or Customer) relating to your use of the Site or Juicy Banana’s Services; and (f) You will use reasonable endeavours to mitigate any loss, damage, liability, expenses and costs suffered by you under or arising out your use of the Site or Juicy Banana’s Services.
10.3 To the extent permitted by law, Juicy Banana is not responsible for, nor gives any warranty in respect of any Products or other materials ordered, purchased, collected or delivered by Juicy Banana and or Retail Partners or used by you which gives rise to: (a) any damage suffered by you or any person using or consuming any Products purchased or delivered by Juicy Banana, including any allergy or intolerant reaction; and (b) loss (including theft or damage) of Products or their spoilage following delivery, including where you or a third party improperly handles or stores the Products after delivery.
PART 11 – LIMITATION OF LIABILITY
11.1 If we fail to comply with these terms and conditions, to the maximum extent permitted by law, Juicy Banana will only be liable to repay to you the purchase price of the Products.
11.2 To the maximum extent permitted by law, you agree that Juicy Banana will not be liable for any damage or loss suffered by you as a result of Juicy Banana’s inability to provide the Site and/or Juicy Banana’s Services and/or to carry out its obligations under these Terms caused by any of the following: (g) a malfunction or error of the Site and/or Juicy Banana Services arising from, or caused by, a third party or event in respect of which Juicy Banana has no control; (h) an inability of Juicy Banana to provide access to the Site and/or Juicy Banana’s Services (in whole or in part) caused by or arising from your actions; (i) the occurrence of a Force Majeure Event; (j) orders or directions from government or judicial institutions to halt business activities; (k) a breach of these Terms by you; (l) use or reliance on the Site and/or Juicy Banana’s Services in contravention of this Agreement; and (m) the use of the Site and/or Juicy Banana’s Services by unauthorised third parties not due to a breach by Juicy Banana of this Agreement.
11.3 To the maximum extent permitted by law: (a) the Site and Juicy Banana’s Services are provided “as is” and all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) that are not expressly contained in these Terms are excluded; and (b) the liability of Juicy Banana to you for any claims under, arising from, or in relation to a term or condition in these Terms or its subject matter, regardless of the form of action (including in contract, tort (including negligence), product liability, competition and consumer protection legislation, statute or regulation, breach of warranty or other legal or equitable grounds (Claims), is limited to a maximum total claim by you equal to the price paid by you for the Product on which the cause of action of the Claim accrued.
11.4 You will use reasonable endeavours to mitigate any loss, damage, liability, expenses and costs suffered by you under or arising out of these Terms.
11.5 If any term is implied into this Agreement or applies by operation of law (which may include the Competition and Consumer Act 2010 (Cth) and corresponding provisions of State or Territory legislation) and cannot be excluded but Juicy Banana is able to limit its liability for a breach of term the liability of Juicy Banana is limited, to the extent permitted by law to: (a) in the case of goods: the replacement or repair of goods; or the supply of equivalent goods; or the payment of the cost of replacing the goods or having the goods repaired or of acquiring equivalent goods; and (b) in the case of services: the supply of the services again or the payment of the cost of having the services supplied again.
11.6 You indemnify Juicy Banana and undertake to keep Juicy Banana indemnified (and to hold Juicy Banana harmless): (a) against any claim, proceeding, suit or demand that is made, threatened or commenced against Juicy Banana by a third party (including an External Provider or Customer); and (b) make good against any liability, loss, damage or expense (including legal costs on a full indemnity basis), or any monies paid by Juicy Banana to a third party or Customer to settle or compromise a claim or demand; which Juicy Banana incurs or suffers, as a direct result of your use of the Site or Juicy Banana’s Services, including where your use results in the corruption or loss of your or Juicy Banana’s Data, a breach of Juicy Banana’s Intellectual Property Rights, or a breach of the rights, title or interests of an External Provider, third party or Customer.
11.7 Juicy Banana will use its best efforts to ensure that the information and content provided on the Site is up to date. However, Juicy Banana does not warrant or represent that the information, content and material displayed on the Site is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
11.8 You acknowledge that all Products listed on the Site are described by Juicy Banana to the best of its ability. All care is taken to ensure that all Product information is correct, but Juicy Banana cannot eliminate the possibility of error.
11.9 To the extent permitted by law, Juicy Banana accept no responsibility for the information or content (including advertising material) posted to the Site by third parties (or External Providers), including (without limitation), any error, omission or inaccuracy.
11.10 Juicy Banana reserves the right to vary, modify, change or discontinue any feature or part of this Site and the hours of availability, without notice and without liability.
PART 12 – CONTACTS
12.1 You may contact us at email@example.com.
12.2 All complaints or refund requests or disputes are to be lodged at firstname.lastname@example.org in in writing, explaining the relevant details.
PART 13 – GENERAL CONDITIONS
13.1 The laws of NSW govern these Terms.
13.2 In the case of the happening of any such Force Majeure Event, the time for Juicy Banana’s performance this Agreement will be extended for any period during which performance is prevented by the event.
13.3 Any provision of these Terms which is prohibited, unenforceable or invalid in whole or in part is only ineffective to the extent of that it is prohibited, unenforceable or invalid and does not affect the remaining provisions, which will continue in full force and effect.
PART 14 – DEFINITIONS
14.1 In this Agreement, unless the context otherwise requires or permits: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Confidential Information” means any confidential, proprietary or other non-public information disclosed by one party (the disclosing party) to the other (the receiving party), whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information does not include information that: (a) was previously known to the receiving party without an obligation of confidentiality; (b) was acquired by the receiving party without any obligation of confidentiality from a third party with the right to make such disclosure; or (c) is or becomes publicly available through no fault of the receiving party. Confidential Information means, in respect of each party (a “Disclosing Party”), all: (a) information which is proprietary to, about or created by the Disclosing Party including, without limitation, any business plans, pitches, marketing, branding, forecasts, staffing, recruitment and all other information which is used or created by the Disclosing Party in relation to its business; (b) information which relates to any actual or potential business, property or transaction (including this Agreement) in which the Disclosing Party may be or has been concerned or interested or information the disclosure of which could be detrimental to the interests of the Disclosing Party; (c) information which is designated as being Confidential Information by the Disclosing Party; (d) information which from all the relevant circumstances could reasonably be assumed by the other party to be confidential and proprietary to the Disclosing Party or to any third party with whose consent or approval the Disclosing Party uses that information; (e) any such information which is commercially sensitive or price sensitive; and (f) the provisions and subject matter of this Agreement.
“Customer” means a user, client or customer of Juicy Banana (or an External Provider), including a user of the Site and/or user, purchaser or consumer in respect of Juicy Banana’s Services.
“Data” means all data and information (whether or not Confidential Information) that is provided to or collected by Juicy Banana in connection with the provision of the Platform or Juicy Banana Services relating to you and its operations, business, Customers, Suppliers, distributors, personnel, consultants, advisors, assets and transactions in whatever form such information may exist and which is provided to or collected by Juicy Banana in relation to this Agreement, and includes any: (a) data or information relating to your goods or services, such as your product and rate plans, product information, codes, facts, figures, pictures, graphics, images and any other materials; (b) data that is generated in respect of your use of the Platform and/or Juicy Banana Services, with respect to the sale and/or marketing of your goods and/or services, Customer lists, correspondence with Customers and transactions and other reports that you can generate using the Platform; (c) data or information belonging to you, such as any formulas, algorithms, methodologies, statistics, measurements or notes that are provided by you to Juicy Banana; (d) data or information relating to your Customers, such as Personal Information, Sensitive Information and contact details, billing details and details regarding the Customer’s use and consumption of your goods or services; (e) such data or information provided by, or collected from, a third party at your direction or request; (f) database in which such data or information is contained; (g) documentation or records related to such data or information; and (h) products resulting from the use or manipulation of such data or information, regardless as to whether such data or information is provided by, or collected from, you and/or your Suppliers.
“External Provider” means any third party that provides goods and/or services that are used to facilitate: (a) the provision of the Site or Juicy Banana’s Services by Juicy Banana; and/or (b) the use of Juicy Banana’s Services by you.
“Force Majeure Event” means strikes, lock-outs, or other labour disputes, riots, civil disturbance, actions or inaction of governmental authorities, epidemics, wars, embargoes, storms, floods, fires, earthquakes, acts of God or the public enemy, computer downtime, disruptions to public utilities, nuclear disasters or default of a common carrier.
“GST” means the Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).
“Intellectual Property Rights” means all present and future rights conferred by Law in or in relation to copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions and Confidential Information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include: (a) all rights in all applications to register these rights; (b) all renewals and extensions of these rights; and (c) all rights in the nature of these rights, excluding moral rights.
“Law” means any law (including subordinate or delegated legislation or statutory instruments of any kind) and also any judgment, order, policy, guideline, official directive or request (even if it does not have the force of law) of any government agency or regulatory body, including a stock exchange, applicable to any of the parties, as amended or replaced from time to time.
“Location” means the physical address at which you request delivery.
“Marks” means any trademarks, service marks, trade names, Business Names, copyrights, logos, slogans and other identifying symbols and indicia (both registered and unregistered) of the applicable party and any Intellectual Property Rights in them.
“Order” means the selection, ordering and purchase of Products by you in a single transaction.
“Personal Information” has the same meaning as is defined in the Privacy Act.
“Privacy Act” means the Privacy Act 1988 (Cth).
“Juicy Banana Policies” means the policies of Juicy Banana that apply to the use of the Site and/or Juicy Banana’s Services, as amended from time to time, including the Alcohol Policy and Refund Policy.
“Sensitive Information” has the same meaning as is defined in the Privacy Act.
“You” includes your agents, representatives, advisors, subcontractors, executors, administrators, directors, employees, assignees and successors.
14.2 In this Agreement, unless the context otherwise requires or permits: (a) where any word or phrase is given a defined meaning, then other parts of speech and grammatical forms of that word or phrase will have a corresponding meaning; (b) the use of headings, underlining or marginal notes are included for convenience and ease of reference only and do not affect interpretation of this Agreement; (c) references to the singular includes the plural and vice versa; (d) reference to parties means the parties to this Agreement and to a party means a party to this Agreement; (e) references to a party will include as the context requires that party’s respective agents, representatives, advisors, subcontractors, executors, administrators and successors; (f) references to a successor to a party includes its successors, assigns and licensees and all further successors, assigns and licensee of the relevant party or such successors, assigns or licensees; (g) references to a person includes any other entity recognised by law; (h) references to any legislation or legislative provision will include modifying, consolidating, or replacing legislation or legislative provisions; (i) the words “including” and “includes” and similar words are not words of limitation;
Juicy Banana Refund Policy
- Juicy Banana will manage refunds to Customers in relation to the Products: a) sold by Juicy Banana to Customers; and b) delivered to Customers by the Distributor, where the Customer approaches Juicy Banana directly with a claim for a refund.
- Juicy Banana will manage refunds in accordance with the terms of this Refunds Policy and in accordance with the Australian Consumer Law.
- When a Customer makes a claim for a refund Juicy Banana will review the Customer’s claim and: a) determine on the basis of the information provided in the Customer’s claim and using its records and information, whether the claim is genuine (and not fraudulent); b) determine on the basis of the information provided in the Customer’s claim, Juicy Banana’s records and information, together with any information provided by the Distributor or the Restaurant Provider, whether the claim arises as a result of a failure by either of the Distributor or Juicy Banana to comply with the applicable party’s obligations, including its contractual or statutory obligations; This determination will identify the ‘Refunding Party’ for the purposes of this Policy. c) make a determination on whether the Customer claim is a ‘minor problem’ or a ‘major problem’ for the purposes of the Australian Consumer Law. d) advise the Refunding Party on the results of its determination. (the Claim Determination)
- If Juicy Banana makes a Claim Determination that the Customer’s claim is a ‘minor problem’ Juicy Banana will discuss with the Refunding Party an appropriate solution to seek to resolve the claim with the Customer to the Customer’s satisfaction (for example, by fixing a fault or deficiency in a Product), and will liaise with the Customer to determine whether any non-monetary or in kind compensation may be provided by the Refunding Party to resolve the Customer’s claim.
- If Juicy Banana makes a Claim Determination that a Customer’s claim is a ‘minor fault’ that requires financial compensation to be paid to the Customer or a ‘major fault’ that requires a refund to be paid to the Customer, Juicy Banana will: I. advise the Refunding Party on the quantum of the refund to be paid; then II. pay the Customer the refund directly; then III. deduct the refund from the next payment made by Juicy Banana to the Refunding Party under the terms of its Agreement with Juicy Banana.
- Juicy Banana will use its best endeavours to make Claim Determinations objectively and based on the information before it.
- Subject to its review of each Customer Claim on a case-by-case basis, Juicy Banana will use the following table as a guide when making Claim Determinations
1.1 Type of Customer Complaint Likely Refunding Party Products missing or incomplete from order inside Box Pack Likely refunding party – Juicy Banana
Box Pack Damaged during Delivery (including leading to spoilage of contents inside Box Pack) Likely refunding party – Juicy Banana
Box Pack not handled according to Delivery Policy from point of collection from Juicy Banana to delivery to Customer Likely refunding party – Juicy Banana
Box Pack not packed properly, or in a manner inconsistent with Juicy Banana Policies prior to pick up by the Distributor (including leading to spoilage of contents inside Box Pack) Likely refunding party – Juicy Banana
- The Distributor will cooperate with Juicy Banana’s reasonable requests to provide it with information to assist in making a Claim Determination.
- The Distributor agree that Juicy Banana’s Claim Determination is final for the purposes of this Policy.
- If a the Distributor believes that Juicy Banana has deducted a refund in error, Juicy Banana will take reasonable steps to investigate and will report on the outcome.
JUICY BANANA ALCOHOL POLICY
- Juicy Banana and the Distributor must ensure (and represents and warrants) that in the event that it makes available for sale or delivers Products that contain alcohol that it:
- has current licences and permits from the appropriate regulators and licensing authorities that permit and allow for the sale and delivery of Products that contain alcohol in accordance with the terms of its Agreement with Juicy Banana;
- complies with all legal and regulatory requirements with respect to the sale or delivery of any Products containing alcohol to Customers;
- ensures that all of its employees and agents comply with all legal and regulatory requirements with respect to the sale or delivery of any Products containing alcohol to Customers;
- will never provide, or make available for sale, or deliver alcohol in a manner that is contrary to this Policy, or in beach of the law, or licensing and permit conditions, including with respect to the sale of alcohol to minors, or persons who are intoxicated or disorderly; and
- will always and in every case refuse to supply or deliver any Products containing alcohol to Customers where it is legally required to do so.
- It is the responsibility of Juicy Banana and the Distributor to ensure that it fully complies with all of its obligations under the law when making available for sale, supplying or delivering any Products containing alcohol to customers.
- Juicy Banana and the Distributor are responsible for ensuring that its use of the Platform to sell or deliver Products complies with its licence and permit conditions.
- Juicy Banana and the Distributor agree that any failure by it to comply with its legal obligations could:
- place it in breach of its Agreement with Juicy Banana; b. lead to Juicy Banana terminating its Agreement; c. lead to the cancellation of its licence or permit; or d. lead to a fine or imprisonment.