This website is owned and operated by Habitat and More Pty Ltd ACN 618 303 138 (Habitat). We provide subscription meal plan and recipe information kits to help individuals, support workers, and kitchen staff prepare delicious meals in the home.
This document sets out the terms and conditions (Terms) on which you may use our subscription services, website https://www.smithkit.com.au and any content made available to you through our website (together Website).
These Terms apply in addition to any other applicable terms, for example:
additional Term that you have agreed with Habitat; or
additional Terms that may apply if you make purchases from the Website using the third party payment functionality accessible from the Website.
By accessing and using the Website, or by signing up to our subscription services, you will be treated as having accepted the Terms. The Terms constitute a legally binding agreement between you and Habitat. You warrant to us that you have the authority to enter into these Terms.
Habitat can change these Terms from time to time by posting the updated Terms on this page. You will be subject to the Terms in force at the time that you access or use the Website. If Habitat posts amended Terms on this page, your subsequent use of the Website constitutes your acceptance of the updated Terms.
To use parts of the Website, including to sign up for our subscription services, we may require you to provide us with personal information, such as your name and email address.
If you do not provide us with this information, you may not be able to use the website and may not be able to access all of the Website functionality.
By registering on our Website, you grant us the right to add your contact details to our customer database and use them to contact you regarding your order, and other products or promotions.
From time to time we may contact you about offers and new Service Plans or other products. All commercial electronic messages will include an unsubscribe facility.
Our Website provides information about our services and products.
You should not rely upon any information on this Website as a substitute for obtaining specific advice from a qualified healthcare practitioner.
We are not responsible for the outcome of any recipe or meal plan you use from any Service Plan on Website. Variations in elements such as ingredients, cooking temperatures, omissions, or individual cooking ability may affect the results you achieve.
The material provided on the Website is not medical, financial or technical advice, and is not to be relied upon as such. You should make their own enquiries to determine if the recipes and information on this Website are appropriate for your purposes.
Please review all recipes before use to be aware of the potential presence of substances or allergens which might cause an adverse reaction in some people. If you are accessing recipes with particular characteristics (i.e. gluten-free, dairy-free, vegetarian), please always check the ingredients you are using.
The estimated costs associated with recipes, individual ingredients and meal plans are based on [supermarket prices] at time of publication. Estimated quantities and prices may vary between outlets and locations. The calculated average daily nutritional intake based on your meal selection is indicative only, as are the nutritional panels, serving sizes and information about possible allergens.
Any products and services offered on the Website and all prices displayed are subject to change without notice. This will not impact the price you pay for the remainder of your current subscription.
To make a purchase through the Website, you will be directed to a secure payment gateway.
All prices quoted in Australian Dollars and include GST unless otherwise stated.
Once you subscribe to a plan on the Website, you cannot cancel that order unless otherwise determined by Habitat. Please contact us if you have made a mistake in your order.
Payments paid by you are final and non-refundable, unless otherwise determined by Habitat.
Future payments can be cancelled at any time through your online account profile.
Habitat grants you a non-exclusive and revocable licence to use the Website in accordance with these Terms and all relevant laws.
The Website and its content are either owned by or licenced to Habitat.
You must not:
provide Habitat with any information that is incorrect, misleading or deceptive;
assign or otherwise transfer your subscription or any obligations under these Terms to another party, unless approved by Habitat;
make any unauthorised use of any Website content that may violate intellectual property rights subsisting in the Website, including copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes;
reproduce, copy, publish, sell or exploit any part of the Website, the intellectual property rights in the Website, or the information you access through the Website;
knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Website;
tamper with, modify, amend, disable, manipulate, reverse engineer, decompile, distort or enhance all or any part of the Website; or
use the Website other than for its intended purpose and in accordance with its intended operation.
Any feedback you give Habitat, is given entirely voluntarily, and you agree Habitat is free to aggregate, disclose, reproduce, or otherwise use the feedback as it sees fit
All rights not otherwise expressly granted by these Terms are reserved by Habitat.
The Website contains links to third-party materials that are not owned or controlled by Habitat. Habitat does not endorse or assume any responsibility for any such third-party sites or information.
If you click on a link in the Website that redirects you to a third-party site or content, you become subject to that third party’s terms and conditions, and Habitat is not responsible or liable, directly or indirectly, for any damage or loss you suffer in connection with your use of or reliance on any third-party content, goods or services.
The Website is made available “as is”.
Habitat does not give any warranties or make any representation about the Website. We do not warrant or represent that the Website is free from defects, or that it will be available, reliable, or compatible with your device.
To the extent permitted by law we expressly exclude from these Terms all warranties or conditions which may otherwise be implied by law. If any implied warranties cannot be excluded, we limit our liability to you to re-supplying the relevant part of the Website, or the cost of re-supply.
You indemnify us, our related bodies corporate, and each of our directors, officers, employees and other representatives, from any loss, damage, costs or expenses (including legal expenses on a full indemnity basis) we or they suffer or incur as a result of any breach of these Terms by you or your representatives, including any use of the Website which is not in accordance with these Terms.
Except to the extent required by law, we do not accept liability for any loss or damage you suffer as a result of using the Website. We specifically exclude liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of the Website or in connection with your use of Website.
Habitat may withdraw, suspend, or terminate access to, modify or vary the Website at any time, without notice to you, including if technical problems occur.
Governing Law. These Terms are governed by the laws of Victoria, Australia and subject to the exclusive jurisdiction of the courts of Victoria.
Assignment. These Terms, and any rights and licenses granted by them, may not be transferred or assigned by you without the written approval of Habitat, but may be assigned by Habitat without restriction.
No Waiver. Habitat’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.
Entire Agreement / Severability. These Terms, together with any amendments and any additional agreements you enter into with Habitat in connection with the Services, constitute the entire agreement between you and Habitat. If any provision of these Terms is deemed invalid, the invalidity of such provision will not affect the validity of the remaining provisions.
Contact. All enquiries may be directed to Habitat and More Pty Ltd, at PO Box 283, Ascot Vale, Victoria 3032, or firstname.lastname@example.org.