Terms and Conditions

Needly Trading NSW Pty Ltd (ABN 52 643 007 532), a company incorporated in Australia and whose registered office is at 3/35-37, Norman Street, Peakhurst NSW 2210 (Needly, we, us and our), operates the Needly website (found at: https://www.needly.com.au/ (the Website)), the Needly app (the App), and offers other services and functionality in connection with the App and Website, including allowing you to browse and order goods contained on our App and Website for delivery (the Service). Please read these Terms of Use carefully as they apply to your use of the Service, including any content contained in the Service.

These Terms of Use set out the legally binding agreement between you (as the person accessing or using the Service) and Needly. By accessing or using the Service, or by registering as a User, you acknowledge that you have read and understood and agree to be bound by these Terms of Use.

We may revise these Terms of Use from time to time. We will provide notice when any revisions have been made by email. If you do not agree to the revised Terms of Use, then you must cease using the Service. Your continued use of the Service after any revisions have come into effect, will constitute your acceptance of the revised Terms of Use.

To contact us, please email support@needly.com.au.

You are not required to register to access the Website. However, certain features on the Website may only be available if you do register.

You must register and create an account with us in order to use the Service. When you register and create an account with us you:

(a) represent that you are 13 years of age or older. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Use. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to these Terms of Use on behalf of that Minor; and
(b) will become a registered user.

As a registered user you may set up a profile by giving us certain information, which we will refer to as your account.

We may provide you with an initial password (which you may be able to change at a later stage) and user name which is personal to you. You are responsible for all activity on your account and must keep your user name and password private, and not disclose them to any other person.

If you believe your account has been improperly accessed, you must notify us immediately at support@needly.com.au.

If you have lost or forgotten your password, you can request to initiate a password recovery process. You may cancel your account, by notifying us at support@needly.com.au and providing your user name. We may suspend or cancel your account, either temporarily or permanently, if you breach, or we reasonably believe you have breached, any of these Terms of Use.

The Website and App are subject to copyright and other intellectual property rights.

(a) We grant you a limited, non-transferable licence to access and use the Website and App solely for your personal, non-commercial purposes.

(b) We (or our licensors) retain all right, title, and interest in and to the Website and App, and nothing you do on or in relation to the Website and App will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (a), licence you to exercise any intellectual property rights unless this is expressly stated.

(c) Except as provided in these Terms of Use, any use or copying of the Website and App for any other purpose is not permitted.

Subject to applicable law, we may revoke the permission referred to in paragraph (a) at any time and may suspend or deny your access to or use of the Website or App without notice if you breach, or we reasonably believe you have breached, any of these Terms of Use.

We encourage you to provide links to the Website and App. While you may use the name “Needly” or “www.needly.com.au” in the text of any such link, you may not use the Needly logo or any of our other trade marks without our prior written consent.

You must not frame our Website or App or represent or imply that any part of the Website or App belongs to anyone other than us.

If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

Our Service permits you to browse and order goods contained on our App and Website. When you order goods, these goods will be delivered to you from our distribution centres (Outlets). Each Outlet has a prescribed delivery area. The delivery area of an Outlet may change from time to time, due to factors such as weather or demand, to ensure that goods reach you in a timely manner.

Our Outlets may have different operating hours. This means that the availability of our Service, and range of Outlets from which you can order, may depend on the operating hours of the Outlets in your area. If you try to order goods from a location outside the delivery area or operating hours of one of our Outlets, or if the Service is unavailable for any reason, we will notify you that orders cannot be placed.

Our Outlets operate a minimum order value policy which will be displayed on our Website and App. All goods are subject to availability.

Needly may operate dynamic pricing, which means that the prices of goods and delivery may change while you are browsing the Website or App. When you place an order to purchase goods from us, you are making an offer to purchase the particular goods for the price notified at the time you place the order. The total price of your order will be set out on the checkout page on our Website or App, including any applicable delivery charges, service charges, and any additional surcharges and taxes. All amounts are stated in Australian dollars and include Australian GST (where applicable).

No contract for the purchase of goods will come into existence until your order has been reviewed and accepted by us and we have notified you of such acceptance. An order may be declined where there are reasonable grounds for doing so, for example, if the goods are no longer available or if there is an error in the price or the description of the goods listed on the Website or the App.

You will be notified of whether your order has been accepted or declined as soon as reasonably practicable. Your order will be accepted and a contract for the supply of your order will come into existence when the status of your order changes to ‘We are packing your order’.

You are responsible for paying for all goods ordered using your account and for related delivery charges. You will be required to pay for the goods you have ordered by using one of the payment methods specified on the Website or App, such as credit or debit card, or as otherwise accepted by us from time to time. Once your order has been confirmed, your credit or debit card will be authorised, and the total amount will be marked for payment. A surcharge may apply for the use of certain credit cards, and where this is the case, you will be notified of this charge before your order is placed.

Payment for orders may be made using vouchers. Please see section 6 for the specific terms that apply to the use of vouchers.

After you have received your order you may receive a notification to enable you to provide a tip at your discretion. Needly will collect payment of your tip and distribute the tip to your delivery driver unless you have specified that the tip is an “outlet tip” or “needly tip”, in which case your tip will be distributed to our warehouse and outlet pick packers. Any tip payment is non-refundable and does not form part of your order. Depending on the payment method used for your original order, your tip may be processed, or may show up on your bank or credit card statement, as a separate payment.

We may cancel your order after it has already been accepted if you are suspected of acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.

While all reasonable endeavours are used to avoid pricing and other errors, inadvertent errors may occur from time to time and your order may also be cancelled without charge to you after it has been accepted in such circumstances.

If there is a material delay in delivering your order, we will contact you as soon as possible to advise you of the reason for the delay. If we consider there may be a long delay due to an unforeseen issue or other circumstances, we may cancel your order.

You may cancel an order if we are in breach of these terms.

For Deliver Now, we will attempt delivery as soon as reasonably practicable. You must therefore be available to accept delivery from the time that you place your order.

Despite best efforts, deliveries may be delayed due to factors such as traffic and weather conditions. If your order is delayed, our support team will be in contact with you to notify you of the delay, unless you caused the delay (for example, by providing the wrong address). Depending on the cause and length of the delay, our support team may offer you the option to cancel your order if it has not yet been dispatched.

The goods will be delivered to the place of delivery you specify when making your order. Once your order has been placed, you cannot change the place for delivery. If you have provided the wrong address for delivery on an order you have placed, you must notify our support team at support@needly.com.au.

Unless specified otherwise in your delivery instructions, if there is no response to knocking and/or ringing the doorbell and we are unable to contact you via phone, we will try to leave the order in a safe spot. Title to and risk in the goods will pass to you upon the delivery of the goods to your nominated place of delivery. We will not be responsible for any loss or damage to any goods caused by you providing incorrect delivery details, you not being able to personally receive the goods or for our compliance with your delivery instructions (for example leaving any goods outside or unattended).

Our Website and App may offer age restricted goods for sale, such as tobacco products. You must only order age restricted goods if you are 18 years of age or older. Failure to comply with this provision will be considered a breach of these Terms of Use.

If you order age restricted goods, you agree that on delivery of those goods you will provide valid proof of age identification to the delivery driver. The delivery driver reserves the right to refuse delivery of the age restricted goods to you if the delivery driver considers that the proof of age identification you provide is not suitable, for example if the driver considers that the identification does not belong to you, is invalid, has been tampered with, or does not establish that you are 18 years or older.

If our delivery driver refuses to deliver your order in accordance with this section 5.5, you will still be charged for delivery.

You may return any goods that you have purchased if the goods are faulty, different to how they were described or shown, do not serve the purpose we state they may be used for, or you otherwise have a right to return them under any applicable law. Nothing in this section 5.6 limits any rights or remedies that you have at law which cannot be lawfully excluded or limited.

If you wish to return any goods you must lodge a return request using the “contact us” section of the Website or App and provide a reason for the return within 1 day of your receipt of the goods, if the goods you wish to return are perishable items, or within 3 days of your receipt of the goods if the goods you wish to return are not perishable items. Once you have done so, we will respond to your request. We may take into account relevant factors when determining whether the order is eligible for return such as details of the order, your account history, the circumstances of delivery and information from the Outlet when determining whether a return should be accepted.

If the return is accepted, we will provide you with the details of where the goods are to be returned to. You must pay for any return shipping costs, unless the goods are faulty, different to how they were described or shown, do not serve the purpose we state they may be used for, or you otherwise have a right to return them under any applicable law. Where you are entitled to return any goods, you will receive a refund. We are required to provide the following notice to you, however this does not limit clause 10(e) where applicable:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

We may need to cancel your order in certain limited circumstances. If this occurs, we will notify you. You will not be charged for any orders cancelled by us and we will reimburse you for any payment that has been made by you for any cancelled order, using the same method you used to pay for that order.

This section 6 applies to your use of any vouchers to pay for goods using the Service. This section 6 will prevail to the extent of any inconsistency with other provisions of these Terms of Use, in circumstances where vouchers are used.

As a registered user you may set up a profile by giving us certain information, which we will refer to as your account.

We may provide you with an initial password (which you may be able to change at a later stage) and user name which is personal to you. You are responsible for all activity on your account and must keep your user name and password private, and not disclose them to any other person.

If you believe your account has been improperly accessed, you must notify us immediately at support@needly.com.au.

If you have lost or forgotten your password, you can request to initiate a password recovery process. You may cancel your account, by notifying us at support@needly.com.au and providing your user name. We may suspend or cancel your account, either temporarily or permanently, if you breach, or we reasonably believe you have breached, any of these Terms of Use.

Vouchers must be redeemed within the time period for redemption set out in the terms and conditions that are issued in connection with the relevant promotion.

Vouchers may also be offered subject to specific conditions such as time or geographic limits, minimum order values or the condition that the voucher only be used in respect of specific goods. If your order does not comply with the voucher conditions, the voucher will not be redeemable for that order. The terms and conditions that apply to a voucher will be stated clearly when we offer the voucher.

Some vouchers will only be redeemable by new users. New users are users that do not have an existing registered user account. We reserve the right to refuse to apply or allow you to redeem a new user voucher if you are registering a new account using credit card details, a name or contact details that are already registered to an existing user account. A voucher can only be used once per household. If a voucher is used on an order but isn't eligible, for example the voucher has already been used on your address, we will charge the voucher amount to you after the order is placed.

Only one voucher can be used per order and vouchers cannot be used in conjunction with any other offer or promotion. Each voucher can only be used once per user and the value of one voucher cannot be spread across multiple orders. For example, if you redeem a $10 credit voucher for an order that has a total cost of $8, you will not be able to re-apply that voucher to redeem the remaining $2 of value of that credit voucher on a separate order.

If you cancel an order that you have paid for using a voucher, the amount that was paid by the voucher will not be refunded to you and you will be considered to have used the voucher. For example, if you paid for an order using a credit voucher and another payment method, such as credit card, you will only be refunded for the amount paid using your credit card (or other payment method), and will not be refunded for the amount paid by your credit voucher. If you redeemed a new user voucher to pay for an order that you subsequently cancel, you will no longer be considered a new user following that order and will not be eligible to redeem any other new user vouchers.

While every effort has been made to show as accurately as possible the colours of any content forming part of the Website and App (which includes goods offered for sale on our Website or App), we cannot guarantee that your computer monitor or other device will display the colour of such content accurately.

Some of the information on the Website and Apps or relating to our Service may be provided by third parties, including the manufacturers of goods that we supply. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete. This includes any labelling information regarding food allergens.

Manufacturers may use nuts or other allergens in the preparation of goods. Needly cannot guarantee that any of the goods available for purchase on our Website or App are free of allergens.

The material provided and views expressed by other users of the Website and Apps are the materials of those users and are not ours.

(a) You must not provide any material through the Website or App (Your Content) that:
(i) infringes the intellectual property or other rights of another person;
(ii) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) relates to unlawful conduct;
(iv) creates a privacy or security risk to any person, including by soliciting personal information from any person;
(v) solicits money from any person;
(vi) is false, misleading or deceptive;
(vii) contains financial, legal, medical or other professional advice;
(viii) would harm, abuse, harass, stalk, threaten or otherwise offend;
(ix) would reflect negatively on us, including our goodwill, name and reputation;
(x) tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
(xi) would breach any applicable laws; or
(xii) would result in civil or criminal liability for you, us or any third party.

(b) By providing us with any of Your Content, you:
(i) grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify and otherwise exploit Your Content in connection with our provision and promotion of the Website, App or Service; and
(ii) warrant that you have the right to grant such licence.

(c) You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content.

(d) We may, without notice to you, review, modify or remove any of Your Content in our absolute discretion including where we believe it violates these Terms of Use.

You must only use our Service for personal, non-commercial use.

In using the Website, App or Service, you must not:
(a) provide us with inaccurate or incomplete information;
(b) violate any applicable laws, or use the Website, App or Service for any purpose that is unlawful;
(c) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(d) manipulate our Website, App, Service or any offer of vouchers;
(e) collect or store data about other users of the Website, App, or Service; or
(f) engage in any other conduct that inhibits any other person from using or enjoying the Website, App or Service.

(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms of Use, Website, App and the Service that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.

(b) In particular, and without limiting paragraph (a):
(i) while we endeavour to provide a convenient and functional Website, App and Service, we provide the Website and App on an “as is” and “as available” basis and make no representation or warranty of any kind, express or implied, regarding the content or availability of our Website, App or Service, and do not guarantee that your requirements will be met or that your use of the Website or App will be uninterrupted, error free or that the Website and App are free of viruses or other harmful components; and
(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website or App which occurs outside of our computer systems (such as those which occur while being sent over the internet).

(c) We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer and other devices.

(d) Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

(e) If any guarantee, term, condition or warranty is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(f) Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use, the Website, App or the Service whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD100 or, in relation to each order for goods that you place with us, the price you have paid to us in respect of those goods (if it is higher).

(g) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

(h) Our Website and App may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Subject to the Non-Excludable Provisions and to the maximum extent permitted by law, we are not responsible for any delays, delivery failures, or other economic damage resulting from such problems.

(i) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

We do not provide any promises that we will make available the Website, App or Service for any particular period of time. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any part of, or all of the App or Website.

The Website and App may contain links to other third party websites and advertisements which include embedded links, and which are provided for your information only. We have not reviewed any of the sites linked to the Website or App and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website or App. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

In using the Website, App or Service, you may give us personal information. By using the Website, App or Service, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy at https://www.needly.com.au/privacy-notice.

We collect personal information about you in order to provide you with the Service and for purposes otherwise set out in our privacy policy. You are not required to provide us with your personal information, but if you do not we may be unable to provide you with some or all of our goods and services. Our privacy policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. Please click on this link https://www.needly.com.au/privacy-notice to view our privacy policy.

You may update any personal information you have given us at any time by emailing support@needly.com.au.

We will take steps to protect your personal information, however, as the transmission of information via the internet is not completely secure, we cannot guarantee the security of personal information that you transmit to our Website or App and do not accept responsibility for the security of information you send to or receive from us over the internet, or for any unauthorised access or use of that information. Once we have received your information, we will use procedures and security features in accordance with good practice to try to prevent unauthorised access.

(a) Additional terms and conditions may also apply to specific portions, services or features of the Website, App or Service. All such additional terms and conditions apply in addition to, and prevail over, these Terms of Use.

(b) If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(c) These Terms of Use are governed by the laws of New South Wales, Australia. If you are resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.

(d) These Terms of Use supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.

(e) Neither party will be liable for any failure or delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond that party’s reasonable control. (f) Your use of the Website and App is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Website and App, including sending you electronic notices.

(g) The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.

(h) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.

(i) The word “including” when used in these Terms of Use is not a term of limitation.