MILKRUN AU Pty Ltd (ABN 64 650 334 473), and its related bodies corporate (MILKRUN), operate the www.milk.run website (Website) and the MILKRUN mobile application (App) through which consumers can order our goods and services (Items) (altogether our Services).
These Terms and Conditions apply to our Services and any Items ordered by you through our Services.
Please read these Terms and Conditions carefully before creating a MILKRUN account or using our App. By accessing the Website, downloading the App and/or setting up a MILKRUN account you agree to these Terms and Conditions prior to ordering any Items. The order and delivery of Items is governed by these Terms and Conditions. If you do not accept these Terms and Conditions, you should leave the Website or App immediately, and you will not be able to order any products through the Website or App.
Most customers will be considered consumers under the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). If you are a consumer pursuant to the Australian Consumer Law, you have certain legal rights when you order Items through the App or Website. These rights are set out in more detail at:https://www.accc.gov.au/consumers/consumer-rights-guarantees. Your legislated consumer rights exist in addition to any rights provided to you under these Terms and Conditions and are not affected or replaced by these Terms and Conditions.
We are contactable via email at email@example.com or where applicable, by using the live chat facility on our Website or App.
If we need to contact you, we will do so via the App, email or telephone number your registered with us when setting up your MILKRUN account.
Use of Our Services
You must be over 18 years of age to set up a MILKRUN account, use our Services and order Items from us.
You may use our Services only for lawful purposes. You may not use our Services in any way that breaches any applicable laws or regulations. You also agree not to access without authority, interfere with, damage or disrupt any part of our Services or any network or equipment used in the provision of our Services. You must not misuse our Services (including by hacking or scraping).
It is your responsibility to create and maintain a secure and private password or secure login method. 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 (and we take all reasonable efforts to maintain your account in utmost privacy). You must notify us immediately if you become aware of any unauthorised use of your MILKRUN account.
To order Items you will need to provide a delivery address. This address may be updated or changed each time you order Items.
Service Availability and Ordering
We deliver Items in specific locations. This can be checked entering your postcode or location into the ‘check delivery availability’ function on the Website or App. Certain Items are only available to specific locations. Once you confirm your delivery address in our App when ordering only product available to your address will be displayed.
Items are ordered following onscreen prompts on our App or Website. Prices (including GST) where applicable are displayed for each Item and delivery fees are displayed at the check-out. Once added to your cart, you will have the opportunity to check and correct any errors in your order up until the point at which you place your order by clicking the Pay button on the order summary page. No changes can be made to your order after this point (including cancellation).
Once you have clicked Pay, we will take payment through your chosen payment method. If payment is successful, you will receive a notification via the App/Website containing your order confirmation number and stating that we are processing your order. Following delivery, we will send the invoice to the email address you provided when registering your MILKRUN account.
A contract between us is formed at the point we dispatch your order and confirm the Items you will receive. The point of dispatch is also the point of supply.
Once your order is ready for dispatch, you will receive a notification via the App that the Items are ‘being delivered’ to confirm when your Items will be delivered to you. If for any reason we cannot provide you with any items in your order, you will be contacted by our customer services team using the telephone number you provided when registering and/or a refund will be applied.
Items may only be ordered for consumer use in standard household quantities. We reserve the right to cancel orders or deliver using multiple deliverers and multiple delivery fees in the event that an order is in excess of a household quantity.
Whilst we endeavour to ensure our Services are available 24 hours a day every day of the year, we do not undertake any obligation to do so, and we are not be liable to you if our Services are unavailable at any time or for any period. Further, access to our Services may be suspended temporarily at any time and without notice.
We deliver daily, subject to deliverer availability in your area and any government mandates, rules, laws or regulations.
At the time you place orders you may choose delivery ASAP or a scheduled delivery time. We will also inform you of the then-current delivery time period, as delivery times can exceed our standard 10 minutes in times of peak ordering, inclement weather, traffic issues or other elements impacting our ability to deliver fast.
We provide an estimated delivery time before you place your order. We cannot guarantee delivery times as there may be extraneous circumstances that require our riders to slow down or take an alternative route including unforseen traffic, accidents or other safety related matters. You must be available to accept delivery at the estimated delivery time and for at least 20 minutes before and after that time.
Delivery will be made to the delivery address specified by you when placing the order. If you need to change the delivery location after you have placed your order, we might be able to change the address to an alternative one that is registered with your account if you let us know before the deliverer has been dispatched, and if the new address is within the same zone as the address originally provided. If we cannot change the delivery address, you have the option to cancel the order, but if the Items are already on delivery we reserve the right to charge you with the delivery fee.
In the event of failed delivery that is caused by you, we reserve the right to charge you for your ordered Items and the delivery fee. Events causing failure of delivery might include, but are not limited to:
You not attending to your door when called;
You not answering your phone when contacted by our deliverers using the contact information you provided to us;
You failing to provide access within a reasonable amount of time and the deliverer unable to find a safe and secure location to leave your Items;
Deliverer refusing to deliver Items to you in accordance with our Age Restricted Products Requirements (as set out below).
When you place an order, you will have the option to pay a tip to your deliverer, in addition to the purchase price of the Items in your order.
You also have the option of tipping your deliverer after your order is received. You may receive a notification via the App enabling you to pay a tip to your deliverer at your full discretion.
Any payment will be collected by us using the payment method used for the original order and your deliverer will receive 100% of any tip payment you choose to make.
Your Rights If Something Is Wrong With Your Items
You have a legal right to receive items which match their description, 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 are a consumer pursuant to the Australian Consumer Law, you have certain consumer guarantees which may expand on the above stated rights – feel free to learn more about your rights by visiting:https://www.accc.gov.au/consumers/consumer-rights-guarantees. If you believe that the Items you receive do not comply with these legal rights, please let us know and we will remedy the issue by replacing or refunding such items, or providing an account credit in respect of the affected party of the Items or the delivery services, in accordance with your legal rights. In order to assess your issue, we may request a photograph showing the problem if it is something that can be seen by inspecting the Items. Prior to processing your refund, replacement 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 deliverer when determining the remedy that will apply in the circumstances.
Age Restricted Products Requirements
MILKRUN supports the Responsible Service of Alcohol. Age restricted products (including alcohol) can only be sold and delivered to persons aged 18 or over.
The Liquor Act 2007 (NSW) (NSW Liquor Act) and Liquor Control Reform Act 1998 (Vic) (Vic Liquor Act) prohibits the sale of liquor to persons under the age of 18 years. When setting up your MILKRUN account and/or placing an order for liquor, you will be asked to confirm that you are 18 years of age or over. It is a condition of purchase that you verify that you are 18 years of age or over and that all the details that you have provided in completing the order and the offer to purchase the liquor are true and correct. If you do not confirm that you are 18 years of age or over, your order for liquor products will not be processed.
Your contract of sale for liquor products is with MILKRUN AU Pty Ltd (ABN 64 650 334 473) (the Licensee) attached to premises at 146 Foveaux Street, Surry Hills NSW 2010 for orders in NSW and attached to the premises at Ground Floor, 60 Wilson Street, South Yarra, Victoria, 3141 for orders in Victoria (each a Licensed Premises).
The sale of liquor pursuant to your offer to purchase from the MILKRUN Website or App is made at our Licensed Premises. Your order is subject to acceptance of your offer by the Licensee, evidence of you being over 18 years of age, and the availability of the stock the subject matter of your order.
Delivery of your order of liquor products will not occur if doing so may make the Licensee or the deliverer liable for a breach of the NSW Liquor Act or Vic Liquor Act. This includes where the person accepting delivery of the order appears to be: intoxicated or affected by alcohol or a prohibited substance; under the age of 18 years and/or is unable to provide a recognised proof of age identification or declaration; accepting the order on behalf of a minor; or a person who is otherwise considered inappropriate to receive the order.
Our ‘age verification policy’ is that our deliverers will ask to see proof of age prior to delivery of Items including age restricted products. The deliverer may refuse to deliver any age restricted product to any person unless they provide valid photo ID proving that they are 18 or over. Our deliverer driver may also, in their sole discretion, refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs or whom they reasonably suspect is providing alcohol to minors. If delivery of any age restricted product is refused, you may still be charged for the relevant item and for delivery.
We support the responsible service of alcohol and in the event we supply liquor in your area, hold a liquor licence.
Prices for Items and delivery fees may change from time to time. The Price payable by you is the price displayed at the time of ‘confirming and paying’ for your order. 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.
Vouchers, Gift Vouchers, Account Credits, Offers and Promotions
Payment may also be made by using vouchers, gift vouchers or account credit. Use of these is subject to MILKRUN’s Voucher, Gift Voucher and Account Credit Terms which can be found at link. Please check these specific terms and conditions before using.
From time to time, we make special offers available to new users of our App. You may only be entitled to one new user offer. To be eligible as a ‘new user’ you must be a new customer of MILKRUN who does not currently have a MILKRUN account. If you have previously had a MILKRUN account you will not be eligible.
Our Referral Program
By participating in this Referral Program, you agree to be bound by these terms and conditions. These terms and conditions are to be read in conjunction with the relevant offer description and apply only to purchases within Australia.
The Referral Program promoter is MILKRUN AU Pty Ltd (ABN 64 650 334 473) and its related bodies corporate (MILKRUN) at 146 Foveaux Street, Surry Hills Sydney NSW Australia, firstname.lastname@example.org.
The Referral Program gives MILKRUN users (each a Referrer) a chance to receive MILKRUN discounts or earn promotions (each a Referral Reward) for inviting someone they know to become a paying MILKRUN customer (Referee).
Both the Referrer and Referee of a successful referral will receive the Referral Reward(s) specified in the offer description. The Referral Reward(s) will be applied to the Referrer and Referee’s MILKRUN account.
A successful referral is recognised when the Referee enters the Referrer’s unique referral link or code on the checkout page and completes a successful order (or the minimum number of orders set out in the relevant offer description) using the MILKRUN app. The discount specified in the offer description is automatically applied to the Referee’s initial order at this stage.
Referral Rewards will automatically be emailed to Referrer within 24 hours of the Referee making their first order.
A Referrer must be at least 18 years old to participate and be an existing MILKRUN customer.
An existing MILKRUN customer is defined as anyone who has previously placed a successful order on the MILKRUN app.
A Referrer must be at least 18 years old to participate and be an existing MILKRUN customer.
An existing MILKRUN customer is defined as anyone who has previously placed a successful order on the MILKRUN app.
A Referee must be at least 18 years old; have never been a customer of MILKRUN and meet the conditions for using the MILKRUN app.
A new user is defined as anyone who has not placed an order on the MILKRUN app. A person is still eligible to be a referee if they have previously downloaded or signed up to MILKRUN but have not yet made an order.
MILKRUN will only honor the first referral link or code that a Referee uses to make an initial purchase on the MILKRUN app. Therefore, if multiple Referrers have referred the same friend and the friend has activated multiple referral links, only one Referrer will be entitled to receive a discount and the Referee will only receive one discount. The Referral Reward will only be applied to the Referrer of the first referral link or code through which the Referee purchased his/her first MILKRUN order. All other referrals will be automatically invalidated.
MILKRUN has the right to limit the number of times that a Referrer may use or share their referral link or code.
Referral links or codes must only be for personal and non-commercial purposes. You can only share your referral link or code with people you personally know. A Referrer must not market or promote this Referral Program or their referral link or code to friends without their consent or to the public at large or through paid advertising channels (such as blog sites, ads and the like) unless express written consent is given by MILKRUN at its sole discretion.
Referrers must not use their referral link or code in any manner that violates the law or the rights of anyone else.
If you are providing MILKRUN with the contact information for a Referee, you represent that you have the right to provide that information to MILKRUN.
MILKRUN reserves the right to cancel, terminate, modify or suspend the Referral Program or amend these terms and conditions at any time without prior notice.
These terms and conditions are in addition to the general terms and conditions that govern the use of the MILKRUN app.
The Referral Program will be governed by the laws of New South Wales and Referrers and Referees accept the non-exclusive jurisdiction of courts and tribunals of New South Wales in connection with disputes concerning the Referral Program.
Our Liability and Responsibility
To the maximum extent permitted by law, we provides our Services and the content on our Website and App on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the content or availability of our Services, or that it will be timely or error-free, or that defects in the Services will be corrected.
To the maximum extent permitted by law and subject as provided below, we explicitly disclaim all warranties and conditions with regard to any portion of our Services, 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:
any errors in or omissions from the Website or App, including but not limited to technical inaccuracies and typographical errors;
any third party content accessed (directly or indirectly) through links in the App or on the Website, including but not limited to any errors or omissions;
computer viruses, system failure or malfunction which may occur in connection with your use of the Website or App, including during hyperlinking to or from third party content; or
the unavailability of the Services, or any portion.
To the maximum extent permitted by law, we 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 Services. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that we are found to be liable to you, our total aggregate liability is limited to the purchase price of the Items you have paid for in your order.
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 and Conditions is intended to exclude or restrict the application of such non-excludable terms to these Terms and Conditions. Accordingly, nothing in these Terms and Conditions affects any rights that you may have which we can’t by law exclude. If we breach a non-excludable term or condition, it will be liable for that breach. However, to the extent permitted by law, our liability is limited to the re-supply of the relevant Item, or payment of the cost of re-supplying the relevant goods or services again.
Closing MILKRUN Account
You may close your MILKRUN account at any time by us requesting to do so via your account profile link on the Website or via contacting us using the contact details above.
We may suspend access to your MILKRUN account, or close it permanently, if:
we believe that your MILKRUN account has been used by someone else;
in our sole 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 people, or any other good reason).
If we close your MILKRUN account permanently we will refund any remaining account credit you have validly obtained from our customer service team or via the App 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).
Links to and from other Websites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
You may link to our Website homepage (www.milkrun.com) or to download our App, provided that you do so in a fair and legal way which does not damage or take advantage of our reputation, misrepresent our relationship with you or establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists. We reserve the right to withdraw any linking permission at any time and for any reason – upon receipt of written notice you must immediately take action to comply.
Please refer to our additional terms and policies which govern specific uses and actions related to your use of particular services of ours:
All of these are incorporated into these Terms and Conditions by this reference.
We are the owner, or the licensee, of all intellectual property rights in our Website, App and materials published through our Services. Such works are protected by copyright and intellectual property laws and we reserve all rights to protect our intellectual property. You are not permitted to copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content from our Services in any way except for your own personal, non-commercial use.
If either we or you have any right to enforce these Terms and Conditions 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 and Conditions is unenforceable, illegal or void, the rest of the terms will be unaffected and will remain in force.
We may change these Terms and Conditions from time to time. If we make any changes which affect your rights we will take steps to notify you (for example, by posting an updated version of the terms on the App or Website). Changes to the Terms and Conditions will not affect any orders you have placed where we have sent a confirmation notice.
You may not transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. We may transfer any of our rights or obligations under these Terms and Conditions without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
These Terms and Conditions are governed by the laws of the state of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
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MILKRUN supports the Responsible Service of Alcohol
Victoria | Liquor Control Reform Act 1998: WARNING - Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years [Penalty exceeds $17,000]; For a person under the age of 18 years to purchase or receive liquor [Penalty exceeds $700]. For sales made in Victoria, the sale of liquor pursuant to the agreement to sell from this platform is made at the licensed premises attached to liquor licence #36168864. ABN 64 650 334 473.