Terms of Use
When accessing this App, we need you to be aware of the following product and service specific information:
1. General
1.1. The MyWay App is a Consumer application where you can browse, select and order products advertised on the App from Sodexo Remote Sites Australia Pty Ltd (ABN 47 009 105 980) (“Sodexo”, “us” or “we”).
1.2. Please read these terms and conditions before accessing or using the App. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the App.
1.3. Your access to and use of the App, including your order of Products through the App, is subject to these terms and conditions.
2. Your agreement to the terms and conditions
2.1. By accessing and using the App, including placing orders for Products through the App, you agree that you will be subject to and will comply with these terms and conditions (including our privacy policy).
3. Registration
3.1. You must complete the customer registration process through the App before placing an Order for Products through the App. Any personal information that you give us will be held and used by us in accordance with our privacy policy referred to in clause 26 below.
3.2. 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 our customer service team at MyWay.APAC.AU@sodexo.com (as applicable) (each, a “Site”).
3.3. If you choose to use a workplace email address for your account or to access the App, 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.
4. Placing an Order for Products
4.1. You may order Products by selecting and submitting your Order through the App.
4.2. Any Order placed through this App for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
4.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the App.
4.4. You agree to provide us with current, complete and accurate details when asked to do so by the App.
5. Acceptance or rejection of an Order
5.1. We reserve the right to accept, delay or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the App or an error in your Order.
5.2. Each Order placed for Products through the App that we accept results in a separate binding agreement between you and us for the supply of those Products.
5.3. If we reject an Order placed through the App, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
6. Minimum and maximum amounts in each Order
6.1. Unless otherwise indicated on the App you may only obtain up to 10 items of a particular Product in each Order (there may be lower limits for particular Products. We will inform you of these limits on the App when you place the Order or within a reasonable time after you submit your Order).
6.2. You are not permitted to purchase any items for resale or supply to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order.
6.3. If you wish to place an Order that differs from our ordering requirements, then you will need to contact our Customer Service on 1800 992 777 during Contact Hours. If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your Order.
6.4. If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.
7. Delivery of Products
7.1. We will only deliver Products ordered through the App to a location where we provide delivery services. You may receive multiple deliveries for your Order and these are described at the point of checkout.
7.2. You may obtain further information on the Site about our delivery timeframes and how we deliver your Products.
7.3. We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.
7.4. You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Order through the App.
7.5. If the delivery relates to your first Order or your Order contains a Restricted Product, then you must be present to accept the delivery of that Order and, at our request, provide us with photographic identification.
7.6. We will require the person accepting the delivery of your Order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the Order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
7.7. Other than as required under clause 7.5 for your first Order, you acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your Order and, where relevant, make payment for that Order.
8. Click & Collect Grocery Orders
8.1. Click & Collect is only available from selected locations as shown on the App. During the ordering process, you need to select a location from which you will collect the order. An estimated collection date will be displayed at the time your order is placed.
8.2. You agree to comply with certain collection requirements specified in this clause and such other requirements that we notify to you when you place your Click & Collect Order through the App:
(a) you must collect your order from the location selected by you when you place your order;
(b) photographic identification and a signature must be provided when you collect your Order; and
(c) the card used for payment is required to be shown when you collect your Grocery Order.
8.3. If you will not be the person collecting your Order then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age, and the card used for payment.
8.4. If you do not supply the appropriate identification or in-app confirmation of purchase, we will not allow collection of the items you have ordered.
8.5. You acknowledge that we may record the details of any identification provided in relation to collection of Products.
9. Bulk / Function Orders
9.1. If we classify an Order as a “Bulk / Function Order”, your Order may be subject to the need for the order to be placed the previous day by 2pm local time. Examples of orders that we classify as “Bulk / Function Orders” are as follows:
(a) Order of Products over normal retail quantities;
(b) Orders that would reasonably be for more than 6 people.
9.2. If you are unsure whether your Order is a Bulk / Function Order and would like to find out, please contact the Head Chef at your location for clarification.
9.3. We value your Orders. To enable us to service you better, we request that you contact the Head Chef or Sodexo Site Manager, 48hrs prior to the placement of any Bulk / Function Orders to allow us to ensure that the appropriate stock is available for your requirements.
10. Fraud and risk assessment
10.1. We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from Sodexo, please contact the Sodexo Site
11. Risk and title
11.1. Risk in the Products passes to you on the date and time of delivery to the Delivery Address (or for Click & Collect Orders, at the time of collection from a Sodexo store or outlet). Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products;
(b) delivery of those Products to the Delivery Address; and
(c) for Click & Collect Grocery Orders only, collection of those Products from a Sodexo store or outlet.
12. Cancelling an Order
12.1. We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that Order are not available; or
(b) there is an error in the price or the product description posted on the App in relation to the relevant Product in that Order; or
(c) that Order has been placed in breach of these terms and conditions.
12.2. If we cancel an Order in accordance with:
(a) clause 12.1(a) or 12.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means.
(b) clause 12.1(c) (where you are in breach of these terms and conditions): we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of delivery or collection, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means.
13. Fees and charges
13.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee provided to you at the time you selected the relevant delivery window when placing your Order (“Delivery Fee”); and
(c) any other fees and charges set out in these terms and conditions.
13.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
13.3. The purchase price of each Product is shown on the product list on the App at the time you place your Order.
13.4. You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the App at our outlets or vice versa.
13.5. 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 we have accepted your Order, we will not change any prices that apply to the Products in that Order.
13.6. If a Product that you have ordered is not available and we have not provided you with a substitute then we will provide you with a refund back within 1-2 business days to your card of purchase to the value of the Products (excluding delivery) that were not supplied to you. Refunds will be conducted in-store only.
14. Payment methods
14.1. You must pay the fees and charges online using the online payment methods in clause 14.2.
14.2. We accept the following credit cards:
(i) Visa and Visa Debit;
(ii) MasterCard and MasterCard Debit;
14.3. If we are unable to successfully process your credit card payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.
14.4. You authorise Sodexo to debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
14.5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
14.6. We will provide you with a receipt at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the Order and the out of stock products including the dollar value refunded to your card of purchase.
15. Substitution or missing items in delivery
15.1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
15.2. If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your card of purchase or coupon for the Products that were not supplied.
17. Returns
17.1. If the product you buy from Sodexo is faulty or if you are not satisfied with it, then we will cheerfully refund the purchase price, exchange or repair the product.
To make a claim under our Returns Policy, you must return the item to the point of purchase with proof of purchase. Any cost incurred by you in bringing the item to the outlet will be borne by you.
17.2. Sodexo’s Returns Policy applies to our “fresh or free guarantee” for any food items (items consumed by Human beings) and sold within our outlets, excluding non-food items such as toiletries, tobacco and liquor.
17.3. The Sodexo Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 23 below.
18. Your general obligations
You:
(a) must ensure that your LoginID and password that is used to access the App and the details of your account are kept in a safe and secure manner;
(b) must notify us through Customer Service (MyWay.APAC.AU@sodexo.com) if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) are responsible for any costs associated with your access to or use of the App, including Internet access fees;
(e) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the App;
(f) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the App; and
(g) should check the labels on the Products before consumption or use.
19. General restrictions
You must not:
(a) use the App for any activities that breach any laws, Village rules, company policies, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the App in a manner or way, or post to or transmit to or via the App 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 App;
(c) make fraudulent or speculative enquiries, purchases or requests through the App;
(d) use another person’s details without their permission or impersonate another person when using the App;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the App;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the App;
(h) use any robot, spider, App search and retrieval application or other mechanism to retrieve or index any portion of the App;
(i) modify, adapt, translate or reverse engineer any portion of the App;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the App;
(k) reformat or frame any portion of the App;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the App to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the App other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
20. Suspension of account
20.1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the App in a fraudulent or improper manner. Sodexo also reserves the right to otherwise cancel Orders in accordance with clause 13.
20.2. If we lock, suspend or delete your account under clause 21.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
21. Warranties
You warrant that:
(a) all information and data provided by you to us through the App (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the App and your placement of any Order to us.
22. Liability
22.1. 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
22.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Sodexo's liabilities under those provisions:
(a) you acknowledge that each App is provided "as is" and that we do not make any warranty or representation as to the suitability of the App or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the App or the subject matter of this agreement; and
(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
22.3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
23. Termination
23.1. We may immediately suspend, terminate or limit your access to and use of the App and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
23.2. You may stop using the App at any time and for any reason.
23.3. We may stop making the App (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
24. Privacy policy
Our privacy policy is available on the Sodexo Web Site (www.sodexo.com.au) and forms part of these terms and conditions. You acknowledge and agree to our privacy policy.
25. Intellectual property rights
25.1. You:
(a) acknowledge that the copyright in the App, the software, design, text and graphics comprised in the App, the selection and layout of the App and the content and materials on the App (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed any of the material appearing on this App without our prior written consent.
25.2. You may:
(a) store a reproduction of the content on this App for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
25.3. This App contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the App or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the App that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.
26. Changes to these terms and conditions
26.1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
26.2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
27. General
27.1. The App may contain links to external websites that are not operated by us or our related bodies corporate.
These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
28.2. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
28.3. This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
28.4. Sodexo attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this App, is accurate, complete, reliable, current or error-free.
29. Safety
Do not use this phone App whilst driving or refuelling your vehicle as it is dangerous.
30. App usage
This App has been tested and operates on open source third generation and above. By using this app you agree that the Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application.
31. Definitions
Capitalised terms used are defined in these terms and conditions. In these terms:
Contact Hours means Customer Service operating hours, Monday to Friday 8.00 am to 5.00 pm Australian Western Standard Time. The Pilbara Service Centre can be contacted 24/7 (1800 992 777).
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions, delivery address means the address(es) specified by you for delivery. In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier or postal outlet to which we deliver the Products.
Delivery Fee has the meaning given in clause 13.1(b).
Order means an Order that contains one or more Retail Products.
Retail Products means any item available for purchase from an Outlet via the App.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
LoginID means the email address that you provided to us as part of the registration process to use the App.
Order means any order for a Product or Products submitted using the App and includes Retail Orders.
Product means each good or service that is advertised on the App.