Terms & Conditions

📋 Quick Reference Summary

Your Consumer Rights: Australian Consumer Law guarantees apply to all purchases. See sections 8 & 11 for details.

📑 Table of Contents

1. About These Terms

1.1 Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (the “Customer”, “you”, or “your”) and Waqiah Foods Pty Ltd (“Waqiah Foods”, “we”, “us”, or “our”) governing your use of our website located at waqiahfoods.com.au (the “Website”) and any related services provided by us.

1.2 Acceptance of Terms

By using our Website or Services, you represent and warrant that:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You are legally capable of entering into binding contracts
• You are at least 18 years of age or have parental/guardian consent
• You will comply with all applicable laws and regulations

If you do not agree with any part of these Terms, you must not use our Website or Services.

1.3 Supplementary Policies

These Terms incorporate by reference the following policies, which also govern your use of our Website and Services:

• Privacy Policy – How we collect, use, and protect your personal information
• Delivery & Refund Policy – Delivery, cold-chain handling, cancellations, Leave Safe (ATL), and refund terms
• Privacy Policy also explains cookies and similar technologies used on the Website

We aim to be strict, clear, and fair in all our dealings. If issues arise, we will work with you to resolve them quickly and reasonably.

1.4 Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes will be effective immediately upon posting to the Website with an updated “Last updated” date. Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms.

We recommend reviewing these Terms periodically. Material changes may be communicated via email to registered customers or through prominent notices on the Website.

2. Merchant Information

2.1 Business Details

Legal Name: Waqiah Foods Pty Ltd
ABN: 80 696 612 745
ACN: 696 612 745
Registered Office: 81-83 Campbell Street, Surry Hills, NSW 2010
Trading As: Waqiah Foods
Website: waqiahfoods.com.au
Email: support@waqiahfoods.com.au

2.2 Nature of Business

Waqiah Foods operates as an online retailer of perishable food products, specializing in halal-certified meat and poultry. We offer:

• Fresh and frozen halal meat and poultry products
• Temperature-controlled delivery services across Victoria
• Online ordering and payment processing
• Customer support and quality assurance

Important: We are a delivery-only business. We do not operate physical retail stores or offer pickup services. All orders must be delivered to a nominated address.

2.3 Merchant of Record

Waqiah Foods Pty Ltd is the merchant of record for all transactions processed through our Website. We are responsible for:

• Processing payments and issuing receipts
• Fulfilling orders and arranging delivery
• Handling customer inquiries and complaints
• Processing refunds and managing returns (where applicable)
• Maintaining compliance with Australian Consumer Law

3. Use of Website and Services

3.1 Eligibility and Age Restrictions

To use our Website and Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our Services under Australian law
• Provide accurate and truthful information when creating an account or placing orders

If you are under 18 years of age, you may only use our Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

3.2 Account Registration

You may place orders as a guest or create a registered account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Immediately notify us of any unauthorized access or security breach
• Accept responsibility for all activities under your account
• Not allow others to use your account
• Not create multiple accounts for fraudulent purposes

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.

3.3 Acceptable Use

You agree to use our Website and Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Website in any way that violates applicable laws or regulations
• Engage in fraudulent activities, including payment fraud or identity theft
• Place false, fraudulent, or speculative orders
• Interfere with or disrupt the Website, servers, or networks
• Attempt to gain unauthorized access to any systems or data
• Use automated systems (bots, scrapers) to access the Website without permission
• Harass, abuse, threaten, or intimidate our staff, drivers, or other customers
• Submit false information, reviews, or complaints
• Reproduce, duplicate, copy, or resell any part of our Website or Services
• Reverse engineer, decompile, or attempt to extract source code
• Use our content, images, or branding without written permission

3.4 Consequences of Prohibited Use

Violation of acceptable use provisions may result in:

• Immediate suspension or termination of your account
• Cancellation of pending orders without refund
• Refusal to process future orders
• Legal action for damages or injunctive relief
• Reporting to law enforcement authorities where appropriate

3.5 E-Commerce Platform Usage

Our Website operates as an e-commerce platform with the following functionalities and limitations:

• Shopping Cart: Items added to cart are not reserved and may sell out before checkout. Cart contents may be cleared after inactivity.
• Wish Lists/Saved Items: Saved items do not guarantee availability or pricing at time of purchase.
• Order History: Access previous orders, re-order functionality, and digital receipts through your account dashboard.
• Product Search & Filters: Search results and filters are automated and may not capture all products. Contact us if you cannot find specific items.
• Product Reviews (if enabled): Reviews must be honest, non-defamatory, and based on actual purchase experience. We reserve the right to moderate or remove reviews.
• Digital Communications: By creating an account, you consent to receive transactional emails and service messages (order confirmations, delivery updates, invoices, account notifications).
• Mobile Optimization: Website is optimized for mobile devices but functionality may vary by device type and browser.

3.6 Website Availability and Technical Issues

We strive to maintain 24/7 Website availability but cannot guarantee uninterrupted access:

• Scheduled maintenance windows may temporarily restrict access (typically off-peak hours with advance notice)
• Technical issues, server outages, hosting problems, or cyber attacks may cause disruptions
• Website performance may vary based on user device, browser compatibility, and internet connection quality
• Third-party service interruptions (payment processors, hosting providers) may affect functionality
• We are not liable for losses, missed orders, or inconvenience arising from Website downtime or technical issues beyond our reasonable control

We will notify users of planned maintenance where practical via website banners, email, or social media announcements.

4. Orders and Transactions

4.1 Placing an Order

When you place an order through our Website, you are making an offer to purchase the selected products subject to these Terms. An order is placed when you:

• Select products and add them to your cart
• Proceed through checkout and provide delivery details
• Select a delivery date and time window
• Provide payment information and authorize payment
• Receive an “Order Received” confirmation email

Receipt of an “Order Received” email does NOT constitute acceptance of your order. It merely confirms we have received your order request.

4.2 Order Acceptance

We reserve the right to accept or decline your order at our discretion. Your order is accepted and a contract is formed when:

• Payment has been successfully authorized and processed
• We have sent you an “Order Confirmed” email with delivery details
• We have allocated inventory and scheduled your delivery

We may decline orders for reasons including but not limited to:

• Products no longer available or out of stock
• Pricing or product information errors
• Payment authorization failures or fraud concerns
• Delivery address outside our service area
• Inability to meet requested delivery date/time
• Previous account violations or payment disputes
• Force majeure events or operational disruptions

If we decline your order after payment has been processed, we will issue a full refund to your original payment method.

4.3 Order Confirmation Details

Your Order Confirmation email will include:

• Unique order number for reference
• Itemized list of products ordered with quantities and prices
• Delivery address and contact details
• Scheduled delivery date and time window
• Total amount charged including delivery fees and GST
• Payment method and transaction details

Please review your confirmation carefully and contact us immediately if any details are incorrect.

4.4 Product Availability and Substitutions

We make reasonable efforts to ensure product availability, however:

• Inventory levels can change rapidly due to high demand
• Fresh products may be subject to supply chain variations
• Weight-variable items (e.g., whole chickens) may vary slightly from listed weights
• Seasonal availability may affect certain products

If an item becomes unavailable after order confirmation, we will:

• Contact you to offer a suitable substitution (where possible)
• Allow you to accept the substitution, choose an alternative, or decline
• Remove the item and refund the cost if no acceptable substitution exists
• Cancel the entire order and provide a full refund if critical items are unavailable

We will not make substitutions without your approval except in cases where the substitution is of equal or better quality and value.

4.5 Order Modifications and Cancellations

Before packing starts:

• You may request changes or cancellation by contacting us as soon as possible
• We will make reasonable efforts to accommodate requests before packing starts
• Requests are not guaranteed until confirmed by us in writing

Once packing has started or the order has been dispatched:

• Change-of-mind cancellations, returns, and refusals are not accepted for perishable goods
• We may be unable to change items, addresses, or delivery instructions once packing begins
• Once dispatched, delivery will proceed and the order cannot be cancelled for change of mind
• Nothing in this section limits your rights under Australian Consumer Law where goods fail consumer guarantees

For detailed cut-off times and procedures, refer to our Delivery & Refund Policy.

4.6 Order Limits and Restrictions

We reserve the right to:

• Limit quantities of products available for purchase
• Refuse orders that appear to be for commercial resale
• Restrict purchases during promotional periods
• Implement minimum or maximum order values
• Limit orders per customer or household

5. Pricing and Payment

5.1 Pricing

All prices displayed on our Website are:

• In Australian Dollars (AUD)
• Inclusive of Goods and Services Tax (GST) where applicable
• Subject to change without notice
• Applicable at the time of order placement

Prices may vary based on:

• Product weight (for weight-variable items)
• Seasonal availability and market conditions
• Promotional offers and discounts
• Location and delivery zone

5.2 Pricing Errors

While we strive for accuracy, pricing errors may occasionally occur. If we discover a pricing error after you have placed an order:

• We will notify you of the error before processing your order
• You will have the option to accept the correct price or cancel for a full refund
• If you do not respond within a reasonable timeframe, we may cancel the order
• We are not obligated to honor incorrect prices

If a pricing error results in overcharging, we will refund the difference immediately upon discovery.

5.3 Additional Charges

Your order total may include:

• Product costs: Base price of all items ordered
• Delivery fees: Based on location, order value, and delivery window
• Service fees: Where applicable (clearly disclosed at checkout)
• GST: Included in displayed prices where applicable

All fees are clearly displayed during checkout before payment authorization.

5.4 Payment Methods

We accept payment via:

• Credit cards (Visa, Mastercard, American Express)
• Debit cards
• Digital wallets (Apple Pay, Google Pay where available)
• Other payment methods processed through our payment provider (Stripe)

We do not accept:

• Cash on delivery
• Cheques or money orders
• Bank transfers (except by prior arrangement)
• Payment after delivery

5.5 Payment Authorization and Processing

When you place an order:

• Your payment method is authorized for the full order amount
• Payment is processed when the order is confirmed
• Your bank or card statement will show “Waqiah Foods” or similar descriptor
• We use secure, encrypted payment processing through trusted providers
• We do not store your full credit card details on our servers

5.6 Payment Issues and Failed Transactions

If payment authorization fails:

• You will be notified immediately
• The order will not be processed
• You may retry with a different payment method
• Pending/held amounts will be released by your bank according to their policies

Reasons for payment failure may include:

• Insufficient funds
• Incorrect card details
• Card expired or blocked
• Bank fraud prevention measures
• Exceeding card limits

5.7 Promotional Codes and Discounts

Promotional codes, discounts, and offers:

• Must be entered at checkout before payment
• Cannot be applied retroactively to completed orders
• Cannot be combined with other offers unless explicitly stated
• Are subject to specific terms, conditions, and expiry dates
• May have minimum purchase requirements or product restrictions
• Are void if obtained fraudulently or used in violation of terms
• Cannot be redeemed for cash

We reserve the right to modify, suspend, or cancel promotional offers at any time.

5A. Payment Security and Fraud Prevention

5A.1 PCI DSS Compliance

We protect your payment information using industry-standard security:

• PCI DSS Level 1: Stripe processes payments with the highest payment security certification
• Tokenization: Full card numbers are not stored on our servers; Stripe uses encrypted tokens
• SSL/TLS: All payment data is transmitted over TLS 1.2+ with 256-bit encryption
• Secure Fields: Payment fields are served directly from our PCI-compliant processor
• Security Reviews: Regular security assessments and monitoring protect our platform

5A.2 3D Secure Authentication

We support 3D Secure for added cardholder protection:

• Your bank may require extra verification (SMS code, biometrics)
• If authentication fails, the transaction will be declined
• Contact your bank if you experience repeated 3DS failures

5A.3 Fraud Prevention Measures

To protect customers and our business, we use layered fraud controls:

• Automated screening: Real-time risk scoring on every transaction
• High-risk holds: Unusual or high-value orders may be briefly held for manual review
• Verification: We may request ID or confirmation for flagged transactions
• AVS & CVV checks: Address and security code validation reduces fraud
• Velocity limits: Multiple rapid purchases may trigger review

5A.4 Chargeback Policy

If you dispute a charge with your bank:

• Contact us first: Email support@waqiahfoods.com.au so we can resolve faster
• Evidence: We provide proof of delivery, confirmations, and communications to the bank
• Account status: Accounts with unresolved chargebacks may be suspended
• Fees: Illegitimate chargebacks may result in fees and possible account closure

5A.5 Your Security Responsibilities

Help keep your payments safe by:

• Using strong, unique passwords for your account
• Keeping devices and browsers updated
• Reviewing statements for unauthorized charges
• Not sharing login or payment details
• Reporting lost/stolen cards to your bank immediately
• Contacting us at support@waqiahfoods.com.au if you suspect account misuse

6. Delivery

Delivery terms are governed by our Delivery & Refund Policy, which forms part of these Terms. Key points include:

6.1 Delivery Area

We deliver across Victoria (metropolitan and regional areas). Availability depends on your postcode and may change over time. You can check delivery availability by entering your address at checkout.

6.2 Delivery Windows

Metropolitan areas: We aim for 1-hour delivery windows where operationally feasible.

Regional areas: Windows may be broader (typically 3-4 hours) due to distance and courier scheduling.

Exact delivery timing cannot be guaranteed due to factors including traffic, weather, route optimization, and access issues.

6.3 Customer Responsibilities

You are responsible for:

• Providing accurate and complete delivery address details
• Being available during the delivery window or arranging Leave Safe (Authority to Leave)
• Immediately refrigerating chilled items and freezing frozen items upon receipt
• Inspecting the order upon delivery
• Reporting any issues within the timeframes specified in our Refund Policy

6.4 Failed Delivery

If delivery cannot be completed due to customer-related issues (incorrect address, no one home without Leave Safe, access problems), we may:

• Charge a re-delivery fee
• Require rescheduling based on availability
• Cancel the order if re-delivery is not feasible

Full details are provided in our Delivery & Refund Policy.

7. Product Information and Descriptions

7.1 Accuracy of Information

We make reasonable efforts to ensure product descriptions, images, and specifications are accurate. However:

• Product images are for illustrative purposes and may not reflect exact appearance
• Colors may vary due to screen settings and photography
• Natural products (meat, poultry) may vary in size, shape, and appearance
• Weight-variable items are approximate and may differ slightly
• Packaging may vary from images shown

We do not warrant that product descriptions, images, or other content is complete, accurate, or error-free.

7.2 Halal Certification and Assurance

Our halal meat and poultry products are:

• Sourced from certified halal suppliers
• Processed according to Islamic dietary requirements
• Handled separately to maintain halal integrity
• Verified through our supplier certification processes

Certification details and verification information are available upon request through our customer support team. We do not publicly disclose specific supplier details for commercial and security reasons.

7.3 Allergens and Dietary Information

While we provide allergen and dietary information where available:

• Information is sourced from suppliers and may not be independently verified
• Cross-contamination may occur during processing, packing, or delivery
• We cannot guarantee products are free from specific allergens
• You should contact us directly with specific allergen concerns
• We are not liable for allergic reactions or dietary suitability issues

7.4 Food Safety and Storage

Products are packed and delivered using cold-chain handling and insulated packaging. However:

• Insulated packaging helps during transit but is not a substitute for prompt receipt and refrigeration/freezing by the customer
• Recommended storage temperatures and use-by dates must be observed
• We are not responsible for spoilage due to improper customer storage
• Products left at a Leave Safe location are the customer’s responsibility once delivered

8. Refunds, Returns, and Cancellations

Refund, cancellation, and return terms are governed by our Delivery & Refund Policy and Australian Consumer Law (ACL). Key points:

8.1 Perishable Goods Policy

Because we sell perishable food products:

• No change-of-mind returns, refusals, or refunds are available
• This is consistent with Australian Consumer Law for perishable goods
• All sales are final unless products are faulty or do not meet guarantees

8.2 Quality Issues and Consumer Guarantees

If products are faulty, not fit for purpose, or do not meet consumer guarantees under ACL, we will:

• Provide a refund, replacement, or credit (at our discretion)
• Investigate quality issues promptly and fairly
• Request photographic evidence where appropriate
• Process refunds within 5-10 business days

You must report quality issues within 24 hours of delivery with supporting evidence.

8.3 What We Cannot Refund

We cannot provide refunds for:

• Change of mind or buyer’s remorse
• Products that spoiled due to customer’s failure to refrigerate/freeze promptly
• Products dispatched and delivered correctly, including Leave Safe (ATL) deliveries not retrieved promptly by the customer
• Subjective taste preferences or cooking outcomes
• Natural variations in weight, size, or appearance within acceptable ranges
• Delivery delays caused by customer-provided incorrect address or unavailability

8.4 Cancellation Terms

See Section 4.5 and our Delivery & Refund Policy for detailed cancellation terms and cut-off times.

⚖️ Your Consumer Rights Under Australian Consumer Law

These rights cannot be excluded or limited by our Terms and Conditions:

9. Intellectual Property Rights

9.1 Ownership of Content

All content on this Website, including but not limited to:

• Text, graphics, logos, images, and photographs
• Software, code, and functionality
• Product descriptions and specifications
• Trademarks, service marks, and trade names
• Design, layout, and “look and feel”

is owned by Waqiah Foods or our licensors and is protected by Australian and international intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use the Website for personal, non-commercial purposes
• View and print pages for your records

This license does not permit you to:

• Reproduce, distribute, or create derivative works
• Use content for commercial purposes
• Remove copyright or proprietary notices
• Transfer or sublicense your rights

9.3 Trademarks

“Waqiah Foods” and associated logos are trademarks of Waqiah Foods Pty Ltd. Unauthorized use is prohibited.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

By using our Website and Services, you consent to:

• Collection of personal information as described in our Privacy Policy
• Use of information for order processing, delivery, support, and improvements
• Sharing with service providers necessary to fulfill orders
• Marketing communications (where you have opted in)

You have rights to access, correct, and request deletion of your personal information, subject to legal and operational requirements.

11. Liability and Disclaimers

11.1 Australian Consumer Law (ACL) Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or other applicable law that cannot be lawfully excluded.

11.2 Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claim arising from an order is limited to the amount you paid for that order
• We are not liable for indirect, consequential, special, or incidental damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for third-party actions or failures (payment processors, couriers)

11.3 Disclaimer of Warranties

Except for consumer guarantees under ACL:

• The Website and Services are provided “as is” and “as available”
• We do not warrant uninterrupted, error-free, or secure operation
• We do not warrant accuracy of all content or information
• We disclaim all implied warranties to the extent permitted by law

11.4 Force Majeure

We are not liable for failure to perform obligations due to circumstances beyond our reasonable control, including:

• Natural disasters, extreme weather, or environmental events
• Pandemics, epidemics, or public health emergencies
• War, terrorism, civil unrest, or government action
• Labor disputes, strikes, or industrial action
• Supplier failures, transportation disruptions, or utility outages
• Cyber attacks or technology failures affecting critical systems

In such events, we may cancel or reschedule affected orders and provide refunds where appropriate.

12. Indemnification

You agree to indemnify, defend, and hold harmless Waqiah Foods, its directors, officers, employees, agents, and contractors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your use or misuse of the Website or Services
• Your violation of any third-party rights
• Your fraudulent or illegal activities
• Information or content you submit or transmit

13. Dispute Resolution and Governing Law

13.1 Informal Resolution

If you have a complaint or dispute, please contact us first at support@waqiahfoods.com.au. We commit to:

• Acknowledging your complaint within 2 business days
• Investigating promptly and fairly
• Providing a response within 10 business days where practical
• Working toward a reasonable resolution

13.2 Consumer Law Rights

Nothing in these Terms prevents you from exercising your rights under Australian Consumer Law or seeking remedies through:

• Consumer Affairs Victoria
• Australian Competition and Consumer Commission (ACCC)
• Victorian Civil and Administrative Tribunal (VCAT)
• Courts of competent jurisdiction

13.3 Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.

13A. Structured Complaint Handling Process

We take complaints seriously and follow a clear, fair escalation pathway.

13A.1 How to Lodge a Complaint

• Timeframe: Ideally within 48 hours of the issue
• Email: support@waqiahfoods.com.au (Mon-Fri 8am-5pm Melbourne time)
• Include: Order number, description, photos/screenshots, desired outcome

13A.2 Escalation Steps

13A.3 Our Commitments

• Fair and impartial investigation
• Transparent communication of findings and decisions
• Adherence to the timeframes above (notify of delays)
• No retaliation for lodging complaints
• Records retained for at least 3 years

13B. Service Level Commitments

Targets (not guarantees) for communications and operations:

13B.1 Support Response Targets

13B.2 Order & Delivery Communications

• Order confirmation email after successful checkout
• Dispatch notification when available for the selected delivery method
• Delivery updates via email and/or SMS where supported
• Reasonable efforts to contact you about substitutions or critical order issues before dispatch

13B.3 Refund Timelines

• Decision: 2-3 business days for simple cases; up to 7 for complex
• Processing: Initiated within 5-10 business days of approval
• Bank posting: Additional 2-5 business days (bank dependent)

13B.4 Exceptions

Response times may extend during public holidays, peak promotions, system outages, or unforeseen events. We will communicate delays where possible.

14. General Provisions

14.1 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full effect, and the invalid provision will be modified to achieve the intended purpose to the extent possible.

14.2 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.3 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without notice to you.

14.4 Entire Agreement

These Terms, together with our Privacy Policy and Delivery & Refund Policy, constitute the entire agreement between you and Waqiah Foods regarding use of our Website and Services.

14.5 No Partnership or Agency

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Waqiah Foods.

14.6 Third-Party Rights

These Terms do not create rights enforceable by third parties.

15. Contact Information

For questions, concerns, or complaints regarding these Terms or our Services:

Waqiah Foods Pty Ltd
Email: support@waqiahfoods.com.au
Registered office: 81-83 Campbell Street, Surry Hills, NSW 2010
Current store URL: waqiahfoods.com.au

Customer Support Hours:
Monday to Friday, 8:00am – 5:00pm Melbourne time

We aim to respond to all inquiries within 1-2 business days.

Acknowledgment: By using our Website, placing orders, or accessing our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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