Welcome to Butchers Protein

1. Site conditions of Use

This website (butchersprotein.com.au) is operated by JSQUARED GROUP PTY LTD (ABN 48 665 473 334) (we, us, our).  The website operates as retail store for our products and services (our Products and / or Services and together, our Services), and also to provide you with information about our Services.

Questions about these Terms and Conditions can be sent to us at info@butchersprotein.com.au.

 

2. Your agreement to the Terms and conditions

2.1. By using the website, each visitor (you, your) agrees to be bound by these terms and conditions (Terms and Conditions). Please read them carefully.  Your use of the website indicates your acceptance of these Terms and Conditions, as does your purchase of any of our Products via the website.

2.2. We may vary these Terms and Conditions. It is your responsibility to check the website periodically for changes and your continued use of the website following any changes indicates your acceptance of the changes.

2.3. You can only use and access the website to the extent you are legally able to do so in your State, Territory and/or country and you must also be over 18 years of age (or the age of majority in your location). Alternatively, if you are under 18 your parent and/or legal guardian can access and use the website on your behalf.  

2.4. By using the website, you warrant that you meet the eligibility criteria in these Terms and Conditions.

2.5. We reserve the right to prohibit anyone from using the website for any reason. 

 

3. Account registration and accurate information

3.1. You can browse the website without creating an account, however, sometimes we may require you to create one to place an order and/or access certain functions of the website (Account).

3.2. Where you create an Account, you are responsible for maintaining the confidentiality of your password and registration attached to your Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.

3.3. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may not have more than two accounts per delivery address.

3.4. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

3.5. Generally, you agree to provide current, complete, and accurate order and account information for all purchases made at our store, including when registering an Account. You agree to promptly update your Account and/or any other necessary information, including your email address, delivery address and payment methods (including expiration dates), so that we can complete your orders and contact you as needed.

3.6. If you would like to delete your Account for any reason, just email us at info@butchersprotein.com.au.

 

4. Your obligations

4.1. You:

            4.1.1. Must promptly advise use of any changes to your information provided to us as part of the customer registration process;

            4.1.2. Must provide us with your date of birth to place an Order for a Restricted Product (for example, a Product that contains liquor, alcohol or tobacco) ors where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;

            4.1.3. Are responsible for any costs associated with your access to or use of the site, including access fees;

            4.1.4. Are responsible and liable for any person that uses your Account and password to order Product(s) through the Site;

            4.1.5. Agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Account and password through the Site; and

            4.1.6. Should check the labels on the Products before consumption or use.

4.2. You must not:

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

            4.2.2. Use the Site in a manner or way, or post to or transmit to or via the Site 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 Site;

            4.2.3. Make fraudulent or speculative enquiries, purchases or requests through the Site;

            4.2.4. Use another person’s details without their permission or impersonate another person when using the Site;

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

            4.2.6. Tamper with or hinder the operation of the Site;

            4.2.7. Knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to the Site;

            4.2.8. Use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;

            4.2.9. Modify, adapt, translate or reverse engineer any portion of the Site;

            4.2.10. Remove any copyright, trade mark or other proprietary rights notices container in or on the Site;

            4.2.11. Reformat or frame any portion of the web pages that are part of the Site;

            4.2.12. Create accounts by automated means or under false or fraudulent pretences;

            4.2.13. Use the Site to violate the security of any computer of other network or engage in illegal conduct;

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

            4.2.15. Use the Site other than in accordance with these terms and conditions; or

            4.2.16. Attempt any of the above acts or engage or permit another person to do any of the above acts.

 

5. Privacy and Commercial Electronic Messages

5.1. Your use of this website and/or our Services may involve the transmission to us of certain personal information (as that term is commonly defined under privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (that you can access on the website), which is incorporated into these Terms and Conditions.

5.2.You agree that we 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 and SMS) where you have not opted out (as described below) from receiving such electronic messages sent to you by Butchers Protein. Your agreement to receive commercial electronic messages from Butchers Protein will be effective until you opt out.

5.3. You may opt out of the receipt of commercial electronic messages sent by Butchers Protein 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 Butchers Protein). If you opt out receiving commercial electronic messages sent by Butchers Protein, 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 or other information relating to products you have purchased.

 

6. Fees and Charges

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

            6.1.1. The purchase price of each Product that is ordered;

            6.1.2. the cancellation fee for an Order that is cancelled as set out in these terms and conditions; and

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

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

6.3. Prices for our Products are in Australian Dollars, are in inclusive of GST and are subject to change without notice in our sole discretion.

6.4. We reserve the right at any time to modify or discontinue all or part of our Products and/or Services notice at any time.

6.5. 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 your Order has been accepted, no charges will be made to the prices that apply to the Product in that Order.

6.6. The purchase price of each Product is shown on the product list on the Site at the time you place your Order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any other sales channels for the same Product.

6.7. If a Product that you have ordered is not available, then:

            6.7.1. Where we only pre-authorised payment for your Order at the checkout, we will deduct the value of any items not provided from the full amount we charge you at the time we pick your Order; or

            6.7.2. 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 Shipping Fees) that were not supplied to you. Where your Order was paid for by two or more different payment methods, we will first process your refund onto your nominated debit or credit card up to the value that was paid for the debit or credit card and if the refund amount exceeds the amount paid by debit credit card, we will provide the remainder of the refund to the alternative payment methods used.

 

7. Product availability and weight

7.1. We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor's display of any colour will be accurate.

7.2. The Product(s) when received may differ to the displayed website images in terms of shape, packaging design and colour vibrancy.

7.3. Our Product prices are calculated on a per unit basis and the weight indicated at the point of purchase is Product-based and is not inclusive of packaging.

 

8. Special Offers

8.1. From time to time, we may make special offers available to you, such as discount codes. Such special offers may be subject to additional terms and conditions that we notify you of at the time of your receipt of the special offer, which may include timing, limitations on quantity and/or other conditions.  Any such additional terms and conditions form part of these Terms and Conditions.

 

9. Payments

9.1. Payment for all Products and Services must be by credit or debit card or any other payment method listed on the checkout page of the website. Your payment method will be billed as soon as your order is placed.

9.2. All online debit/credit card transactions performed on the website are through secured payment gateways. All payment information is collected and stored by the third-party operators of the secured payment gateways, to be processed as required. We never permanently store complete debit/credit card details.

9.3. Complete debit/credit card details cannot be viewed by us or any outside party.

 

10. Orders

10.1. All orders are subject to a minimum order of $60 AUD; orders under that amount will not be able to be placed nor will we process them.

10.2. We reserve the right to refuse or reject any order you place with us, for any reason, including where we suspect that an order is fraudulent. If we refuse or reject an order you place with us, you may contact our Customer Service Team on 02 9648 5678 or at info@butchersprotein.com.au and we may, in our sole discretion, provide you with further information and/or re-process your order. Prior to re-processing an order (done only in our discretion), we reserve the right to request further information from you, including a government issued ID (for example, a driver licence) for the purposes of verifying your identity and order details and matching it against those in our system.

10.3. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, on the same payment method, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

10.4. Risk in your order and the Products passes to you on delivery (as recorded by our delivery partners). Where your order is not received, missing in transit, and/or are not correct, you must notify us immediately and we will provide you with reasonable assistance as may be necessary.

10.5. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

10.6. When you place an order, currently deliver to a large number of postcodes within the Sydney metropolitan area. You can check if we deliver to your area using the postcode search tool on the website. 

 

11. Deliveries (need to edit)

11.1. For all orders in Australia over $80 AUD, delivery is complimentary (Free Delivery Threshold). For all orders under the Free Delivery Threshold, delivery will incur a delivery fee that we will advise you of at the point of check-out, which may vary depending on your location and any special or specific delivery window.

11.2. We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. Delivery options are set out here and here although such information is indicative only.

11.3. We will let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.

11.4. All standard parcels should arrive within 3-6 business days. If for any reason, we’re unable to dispatch your order within this time, we will contact you as soon as possible.

11.5. We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you via SMS prior to delivery to provide you with different deliver options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requestion your instructions on either re-delivery or collection from the carrier or a collection point.

11.6. By default, you provide authority to leave items at the address specified in your order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available). If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver to product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy, available to us) do either or both of the following:

            11.6.1. Charge you for our reasonable storage fees and other costs reasonably incurred by us; or

            11.6.2. No longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

11.7. Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent deliver options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

11.8. Unless otherwise specified by you, all risk in the product shall pass to you upon Delivery. If Delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

11.9. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

 

12. Promotions and Discounts

12.1. Promotions and discounts are subject to their own specific terms and conditions as provided by Butchers Protein from time to time.

12.2. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, final sale, package deals, and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount” coupon cannot be used during a ‘20% Off’ Sale.

12.3. Final sale items are items that s that include a discount of 50% or more. Finale sale items are non-refundable for store credit or cash refund unless deemed faulty.

12.4. Butchers Protein reserve the right to:

            12.4.1. Terminate, modify or extend any promotional offer at any time, without notice; or

            12.4.2. Cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

 

13. Refunds and Replacements under law

13.1. Please contact our Customer Service Team on info@butchersprotein.com.au in regards to Replacements and Refunds.

13.2. Faulty Product Replacements:

            13.2.1. We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact our Customer Service Team as soon as possible so we can guide you through the Refund or Replacement process and help resolve the problem as swiftly as possible. In order to assist the Refunds and Replacements process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.

            13.2.2. If the product is confirmed to have a defect, we will replace or refund the price of the product to your original payment method, as appropriate. If the product is confirmed to have a major defect, you are entitled to elect whether you want us to replace or refund the price of the product to your original payment method.

13.3. We will provide a Refund or Replacement where required to do so by law.

 

14. Order Cancellations

14.1. We may cancel any Butchers Protein Order or part of an Order without any liability to you for that cancellation at any time if:

            14.1.1. The requested Products in that Butchers Protein Order are not available; or

            14.1.2. There is an error in the price or product description posted on the Site in relation to the relevant Product in that Order; or

            14.1.3. That Butchers Protein Order has been placed in breach of these terms and conditions.

14.2. If a Butchers Protein Order is cancelled in accordance with:

14.3. Clause 14(14.1.) (14.1.1.) or 14(14.1.) (14.1.2.) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation. If your Order is cancelled, depending on the payment method used, we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid to your original payment method or through an alternative means.

14.4. We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails, we will advise you of this and make arrangements to process the refund via a different method.

14.5. If you wish to cancel your Order, please contact our Customer Service Team. Once an Order has been processed, it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.

 

15. Accuracy, completeness and timeliness of information

15.1. To the fullest extent permitted by law, we do not give any express or implied warranties and makes not representations in relation to the accuracy, completeness or reliability of information on this website.

15.2. Your use of this website, and/or use and purchase of our Products and Services is entirely at your own risk. The information and materials made available on this website is provided as-is and we have no obligation to verify and/or update such information or materials (including any historical information retained on the website). Such information and materials are provided for general information only and should not be relied upon or used as the sole basis for making decisions, including for use for a particular purpose, result or outcome.

15.3. We reserve the right to modify the contents of the website at any time and you agree that it is your responsibility to monitor any such changes.

 

16. Liability

16.1. These Terms and Conditions do not limit or exclude any non-excludable rights you might have under any applicable law, including under Australian consumer law.

16.2. We do not provide warranties of any kind in relation to the website, our Products and/or Services, the Content and/or the User Content. To the fullest extent permitted by law, and except where otherwise set out in these Terms and Conditions:

            16.2.1. we expressly disclaim all warranties, express or implied, of any kind with respect to the website and the Products and Services made available and/or sold via the website, including without limitation that the website will be uninterrupted or error-free and/or other warranties (express or implied) of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.

            16.2.2. we, and our directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the website, our Products and/or the Services, the Content and/or the User Content.

16.3. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

 

17. Indemnification

17.1. You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special, aggravated and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions and/or your breach of any law or rights of a third party.

 

18. Intellectual property

18.1. The website is owned and operated by us. Unless otherwise specified, all material appearing on the website remains our exclusive property, including the text, audio, video, site design, logos, graphics, icons and images, photographs, graphics, typefaces and all other material (collectively, the Content) as well as the selection, assembly and arrangement thereof.

18.2. The Content is protected by copyrights, trademarks, or other intellectual property laws and rights. Unauthorised use of the Content may violate copyright, trademark, and other laws.

18.3. We grant you a non-exclusive, revocable, non-sub licensable licence to access and display the Content for the sole, personal and non-commercial purpose of you accessing the website and using our Services. Otherwise, you have no rights in or to the Content, and you will not use the Content except as permitted under these Terms and Conditions. No other use is permitted without prior written consent from us.

18.4. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content. All goodwill generated from the use of any of our trademarks inures to our benefit.

 

19. Acceptable use

19.1. You must not:

            19.1.1. copy, modify, or create derivative works based on the content available through our Services;

            19.1.2. infringe the intellectual property rights, privacy or confidentiality of any third party;

            19.1.3. engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or

            19.1.4. post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening;

            19.1.5. use the website and/or our Services for any illegal or unauthorised purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws);

            19.1.6. access or use the website and our Services to collect any market research for a competing business;

            19.1.7. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the website; and/or

            19.1.8. interfere with or attempt to interrupt the proper operation of the website through the use or introduction of any virus, malicious or harmful code, Trojan Horse, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the website.

 

20. Your content

20.1. Website users may post and/or create content through the website, our Services and/or other platforms affiliated with us. That includes but is not limited to, reviews and comments about us (collectively, the User Content).

20.2. We cannot and do not review the User Content.

20.3. You must not submit, post or display any User Content that:

            20.3.1. you do not have permission, right or license to use, upload, and permit use as contemplated by these Terms and Conditions;

            20.3.2. infringes the rights (including copyright) of any third party;

            20.3.3. is objectionable, offensive, unlawful, defamatory, deceptive or harmful; and/or

            20.3.4. is illegal, fraudulent, or manipulative.

20.4. We may remove User Content that violates these Terms and Conditions, or that is offensive or otherwise unacceptable to us in our sole discretion.

20.5. You expressly acknowledge and agree that once you submit any User Content for inclusion on the website and/or in the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. You, and not us, are entirely responsible for all your User Content that you upload, post, e-mail, or otherwise transmit via the website and/or our Services.

20.6. You grant us license to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your User Content as reasonably necessary to provide the website and/or our Services and/or in the general course of our business.

20.7. You indemnify us against all claims, liabilities, damages and expenses (including legal costs) incurred by us as a direct or indirect result of the User Content, including any breach of these Terms and Conditions.

20.8. If you have any questions about your User Content and/or the content of another of our users on website, you can contact us at info@butchersprotein.com.au.

 

21. Third party products and linked websites

21.1. We may use third party products and services in our provision of our Services to you, including Shopify Inc. who provide us with the online e-commerce platform that allows us to sell our Products and Services to you (Third Party Products). You acknowledge that: 

            21.1.1. your use of, and access to, such Third Party Products may be subject to additional fees and separate terms issued by the supplier of such Third Party Products (Third Party Supplier), which will form a separate agreement between you and the relevant Third Party Supplier;

            21.1.2. we make no representations or warranties in relation to, and do not accept liability for, any such Third Party Products; and

            21.1.3. we may suspend your use of, or access to, the Third Party Products at any time, including on request from the Third Party Supplier.

21.2. The website and our Services may contain links to third-party websites, products, and services. We do not make any representations or warranties in relation to, and we exclude all liability from, such third party websites, products and services.

 

22. General

22.1. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

22.2. These Terms and Conditions and any order placed by you contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.

22.3. Any failure by us at any time to enforce these Terms and Conditions or any rights will not be a waiver of such rights or affect the validity of these Terms and Conditions.

22.4. If any provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under any applicable law, that term or provision will be severed from these Terms and Conditions and the remaining provisions will be unaffected.

22.5. These Terms and Conditions are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms and Conditions.