Customer Terms and Conditions

Last modified: 22 NOVEMBER 2024

Attention Customers: Please read the Flikit Customers Terms and Conditions carefully as it constitutes an agreement between yourself and Flikit Pty Limited (“Agreement” or “Terms and Conditions”).

While reading these Terms and Conditions, please notify our team if you have any questions through the Flikit website or app, before you submit an order through Flikit.

By placing an order through our website and/or our Flikit APP (Flikit Technology) and/or by interacting with the Flikit Technology, you agree that you have read, understood and agree to be subject to the terms and conditions contained and referenced herein.

In addition to the Flikit Terms and Conditions, please be aware that Flikit has partnered with DoorDash for the delivery of your retailed items, and STRIPE for the processing of your payment. As such, the terms and conditions and related policies, including the privacy policy, of both DoorDash and Stripe are unilaterally incorporated within this Agreement.

This means that by using or accessing the Flikit Technology, you agree to be bound by the terms and conditions of this agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with both DoorDash and Stripe’s policies, which is incorporated unilaterally to these terms and conditions by reference only. You also agree to abide by any additional Flikit terms or policies for Flikit Users that are published and made available to you on the Flikit Technology, including both the website and mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement.

1. Application of the Flikit Consumer Terms and Conditions.

These Terms and Conditions govern an agreement between the Flikit Team and yourself. “Flikit” may also be referred to as “we,” “us,” and “our”. These terms will be used interchangeably to mean Flikit Pty Limited, an Australian based corporation.

These Terms and Conditions constitute a legal agreement between you and Flikit.

Certain provisions of this Agreement apply based on the country of your primary residence or the country in which you have selected a delivery or pickup address, and such provisions are designated as such using one or more of the following definitions:

“Australia Consumer” means your primary residence is in Australia.
“Australia Order” means you have selected a delivery or pickup address in Australia.“

1.1 Your Acceptance of this Agreement

Please read these terms and conditions carefully as the process of placing an order indicates an acceptance of the Flikit Terms and Conditions and related Flikit policies. It is also important to note that these terms and conditions can be amended from time to time and you agree to be bound by such changes as and when they are made. At all times, the terms and conditions will be made available to you through the Flikit Technology which will list the last date the terms and conditions were modified.

1.2 Flikit Technology with Partnered Providers

Flikit operates several online platforms which connects you as the customer to (a) retailers of goods and services and (b) independent third-party contractors who deliver your retailed goods to the address you provide to Flikit through the Flikit Technology. The Flikit Technology enables you as a consumer, to connect with local retailers and place an order through these retailers for manufactured and non-consumable goods, either for delivery or pickup. If a delivery order is made, Flikit uses the Technology to notify the retailer that a product purchase is available and to provide such product to the partnered DoorDash to complete delivery of the product to you as the customer. If a pickup order is made, Flikit uses the technology to communicate with the retailer the availability of the order for pickup. Flikit is not a manufacturer of the product nor is it a retailer with physical store presence. The drivers who deliver your retailed item to you are independent contractors retained by Flikit through DoorDash. Please review the DoorDash privacy policy available through the DoorDash website and accessible through the following hyperlink:https://help.doordash.com/legal/en-AU/document?type=cx-privacy-policy&region=AU&locale=en-AU

1.3 Affirmative Acceptance of this Agreement

If you access any of the Flikit Technology access or use any information, function, feature, or service made available or enabled by Flikit, click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the Flikit account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at [insert Flikit website] or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Flikit; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organisation for whom you have created an account or been named as the User during the Flikit account registration process and to bind such organisation to the Agreement.

The specific retailer services, product availability or information available to you may vary based on the delivery or pickup address that you have provided to Flikit. A certain function, feature, product, or retailer that is available to one Flikit user may not be available to all Flikit Users or at all times. “Flikit User” means any individual or other person who accesses or uses the Flikit Technology with or without an account (whether directly or through tools, services, or other means), including, without limitation, any organisation that registers an account or otherwise accesses or uses the Flikit Technology through its respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use any of, or part of the Flikit Technology.

2. Retailed Brand Partners are Independent

You understand and agree that Flikit connects you with independent retailers that offer their range of products through the Flikit Technology, and independent third-party contractors are utilised by Flikit to provide delivery to you of your selected products.

You acknowledge, understand and agree that Flikit is not a manufacturer or retailer and has no absolutely no responsibility or liability for the acts or omissions of any retailer or contractor. The retailed brand partners that appear on the Flikit Technology are the retailers of the products offered through the Flikit Technology. Flikit is not in the manufacturing business and does not create and manufacture the products that you have selected through the Flikit Technology. Flikit enables the purchase of a retailed item through the transmission of orders via the Flikit Technology which connects users with local retailers. Independent contractors are retailed to pick up your item from the selected retailer and deliver to the residential address you supply to the Flikit Technology. Any delivery, pickup, or preparation times displayed through the Flikit Technology are estimates only and do not represent a promise, commitment, or guarantee by Flikit. Flikit will not assess or guarantee the suitability, legality, or ability of any retailer or contractor.

3. Refund and Exchange requests are to be raised by You Directly with the Retailer

You agree that Flikit is not responsible for the retailers products displayed through the Fikkit Technology. You agree to raise any complaints, exchange or refund requests directly with the retailer. You also acknowledge and agree that each retailer has a different exchange/refund policy and that prior to selecting and ordering a product, you have carefully read, understood and agreed to the terms and conditions of the selected retailers exchange/refund policies. Flikit has no responsibility or liability for acts or omissions by any retailer or contractor. You understand and agree that the goods you purchase through Flikit will be prepared by the selected retailer, that title to the goods passes from the retailer to you at the retailers location, and that, for delivery orders, the contractor who is retained via DoorDash will be directed by your instructions to transport the products to the designated delivery location you have provided to Flikit through the Flikit Technology. You agree that neither the Contractor nor Flikit holds title to or acquires any ownership interest in any goods that you order through the Flikit Technology. You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.

4. Communications with Flikit

By creating a Flikit account through the Flikit Technology, or by using the Flikit Technology without a user account, you understand and agree to accept and receive communications from or on behalf of Flikit which includes the selected retailer and the contractor who delivers your products. This communication may be via email, text message, direct message, chat, and calls, to the contact information that you have provided to the Flikit team through the Flikit Technology when registering an account or using the Fikit Technology or accessing the Flikit Technology. You understand, acknowledge and agree that you may receive communications from Flikit and that this communication may be generated automatically.

5. Ownership of Intellectual Property

Flikit owns all right, title, and interest to the Flikit Technology. This Agreement is not a sale of any of Flikit’s right to the title, interest or intellectual property of the Flikit Technology. Flikit does not convey to you any rights of ownership to the Flikit Technology. Intellectual property rights owned by Flikit may include, but is not limited to the Flikit name, logo, Flikit product names associated with the Flikit Technology. No right or licnese is created or provided to you. You agree that you in accessing the Flikit Technology, will not attempt to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Flikit Technology.

6. Indemnification

To the full extent permitted by Australian law, you agree to indemnify and hold harmless Flikit and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your Flikit account (b) your misuse of the Flikit Technology (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Flikit Technology. In the event of any claim, allegation, legal case filiing, or proceeding alleging any matter potentially covered by the agreements in this Agreement, you agree to pay for the legal fees of the Indemnified Party.

7. Termination of the Agreement

Flikit reserves the right to terminate the Agreement with you at any time and for any reason, at Flikit’s sole discretion. In addition and at the sole discretion of the Flikit team, Flikit may suspend, modify, restrict or terminate your access to the Flikit Technology. The Flikit team may provide you with reasons regarding the termination or modification of your access to the Flikit Technology however has no legal obligation to do so. Such reasons your account may have been terminated, restricted or modified may include, but are not limited to:

Egregious behaviour or language toward a retailed brand partner or contractor;
Inappropriate use of the Flikit Technology;
Suspected misuse of the Flikit Technology;
Suspected or actual fraudulent activity of the Flikit Technology;
Fraudulent claim/s that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered

We reserve the right to terminate your use of the Flikit Technology if you are using the Flikit Technology with an incompatible or unauthorised device.

8. Contact the Flikit Team

The Flikit team welcomes your feedback and questions regarding this Agreement and the related Flikit policies. You are able to contact the Flikit team by directing your feedback and/or questions to the following:

Flikit Pty Limited

Attention: Flikit Customer Service Team

PO Box 3190 Dural, Sydney,

New South Wales 2154, Australia

Info@flikit.co