Terms and Conditions

 

By using the Have Your Fill website, including clicking the buy now button, purchase button, completing the shopping cart checkout process and purchasing any of our refill products for the purchase of our goods and services via direct email, you agree to accept the following Terms and Conditions of use.     Please read them carefully.

 

Account Terms

  • You must be 18 years or older to purchase any product or service from us.
  • You must be human.  Account registered by “bots” or any other automated method are not permitted.
  • You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup, online purchase and the home delivery service.
  • Your login must only be used by one person.  A single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account login and password at all times.  Have Your Fill cannot and will not be liable for any loss of damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • You may not use any images, logos, text and any other Content found on this website for any illegal or unauthorized purposes.  You must not violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use and transmit any of the visual and/or textual Content found on the website without a prior written authorization from the original copyright author.
  • You may not use any Content to earn money on your own account products accounts.

 

Compliance with Laws

As a condition to the account terms, you agree to comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or any other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect thereafter. Without limiting the foregoing obligation, you are agreeing to comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Relationship of Parties

You and we are independent and nothing in these Terms and Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.  You will have no authority to make or accept any offers or representations on our behalf.  You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section.

 

Limitations of Liability

Have Your Fill will not be liable for any direct, indirect, incidental, punitive, special or consequential damages, property damage, medical, physical, personal injury or otherwise (or any loss of revenue, profit, or data or interruption of business), however caused, whether for; breach of warranty, contract, tort (including negligence), strict liability or otherwise except which it is unlawful to exclude arising in connection with these products and services, even if we have been advised of the possibility of such damages.  Further, our aggregate liability arising with respect to this Agreement, products and services will not exceed the total referral fees paid or payable to you under this Agreement.  Any remedy to address any dissatisfaction regarding any product or service that you agree to, either offered by us or suggested by you, that is accepted by you will be considered to have released us of any further liability and wrong doing.  This includes seeking any further complaints and legal action against us in the matter.

 

Independent Investigation

You acknowledge that you have read this Agreement and agree to all its terms and conditions.  You understand that we at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with our web site.  You have independently evaluated the desirability of purchasing these products and services and are not relying on any representation, guarantee, or statement other than set forth in this Agreement.

 

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our suppliers and affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction.  Arbitration under this Agreement shall be conducted under the relevant laws within the Commonwealth of Australia.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreements, whether through class arbitration proceedings or otherwise.

 

Miscellaneous

This Agreement will be governed by the laws of the Commonwealth of Australia, without reference to the rules governing choice of laws.  You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.  Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.  Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver or our right to subsequently enforce such provision or any other provision of this Agreement.  The failure of Have Your Fill to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.  The Terms and Conditions constitutes the entire Agreement between you and Have Your Fill and govern your use of the products and services, superseding any prior Agreements between you and Have Your Fill (including, but not limited to, any prior versions of the Terms and Conditions).

 

Disclaimer

Have Your Fill has made every reasonable effort to ensure that the information on our website is correct at the time we put it there. While we apologize if any errors have been made or changes to supplier and manufacturer ingredients and processes, we do not guarantee the accuracy of the information on these pages.  It is the user’s sole discretion and responsibility to do their own research into the products and ingredients used and any potential reactions, effects and risks that may be associated with use of the products and ingredients.   All images used on this site are representations for your information only and are not necessarily true images of that particular product.  Have Your Fill reserves the right to refuse service to anyone for any reason at any time.  Have Your Fill reserves the right to update and change the Terms and Conditions from time to time without notice.  Any updates, including new products, services and disclaimers, shall be subject to the Terms and Conditions.  Any further purchases after any such changes shall constitute your consent to such changes.

 

Payment Terms

Payment is due prior to delivery. If payment is not received, your order may be cancelled. Our secure payment options are:

  • Credit Card via PayPal
  • PayPal
  • Bank Transfer - We accept bank transfers, referencing the order invoice number into our account prior to delivery.  Our bank details are made available on your order invoice sent via email confirmation.  Please use your order number as reference.
  • Gift Vouchers - Purchased Gift Vouchers have 6 months’ validity from date of issue.  Gift Vouchers are only redeemable on the Have Your Fill website and/or direct email communication confirming voucher validity.  Gift vouchers cannot be exchanged for cash or used as payment towards another Gift Voucher.  Gift Vouchers can be used ongoing until nominated amount is used up.

 

Pricing & Weights

  • Our minimum orders are based on driving distance zones based from Ferntree Gully, Victoria.  The minimum delivery order amounts are listed on our website and can be referenced prior to any orders and payment being completed.  If your requested delivery region is outside of our listed delivery zones, your minimum order amount will be confirmed upon order request via email communication.
  • All our products are measured in weight [kilograms (kg) or grams (g)] rather in volume [Liters (L)].  We tare off the weight of each container prior to refilling therefore only weighing the product making it much easier, quicker and more accurate to measure weight in various containers then accurately measuring volume. However all liquids products have a similar density to water, thus making the weight to volume comparison close to a 1:1 ratio, +/- approximately 5% difference.
  • During your order request you may select any minimum amount you desire for any product.  If required, you may request products to decanted and filled into separate containers, if the product is to fulfill two different purposes and/or different people on the one order.
  • Have Your Fill reserves the right to alter pricing or introduce new minimum spend conditions at any time without prior notice which will be published on our website.

 

Subscription Orders

  • Setting up a Subscription Order is free.
  • Subscription orders are for weekly, fortnightly or monthly deliveries.
  • You acknowledge that your Subscription Order has a recurring payment and you accept responsibility for all recurring charges.
  • You are agreeing to an indefinite period until cancelled by you, in your Login Member Account or by notifying us directly by email.
  • You can suspend your order and payment for a period or for one time. You can manage order suspensions in your Login Member Account or by notifying us directly by email.

 

Order Cancellations (for Non Subscription orders)

  • Any Cancellations or Suspensions to your order must be made before the order cut off time of your delivery day, by email or online in your Member Account.
  • A $10 cancellation fee may be charged to your account if your order is cancelled or suspended after the Order cut off times.
  • An additional 20% of total order value will be applied for orders cancelled after order has been packed and on the road for delivery. 
  • We reserve the right to refuse cancellation and refund of your order, if your order has been collected by our external courier.
  • You must promptly advise us of any payment details that need to be updated, either by email or by updating your Login Member Account.
  • Payment is debited at the time of your order being placed which is at the scheduled order cut off time for your delivery day. Please refer to our cut off times here.
  • If your payment is rejected or declined, your Subscription Order will be cancelled. In this case, please contact us promptly so we can re-instate your Subscription Order.

 

Delivery, Handling Charges and Taxes

  • There is no delivery or shipping fee added to the minimum order amount.
  • We reserve the right to refuse deliveries to you and to cancel your account where payment(s) have been withheld. You agree to compensate us in full for all reasonable costs and expenses (including legal costs) in obtaining payments that have not been made in accordance with these terms and conditions.
  • Product prices are regularly updated and all of our products we offer are subject to variations in seasonal availability and supply price. Pricing for a product or products can change over time from when you first set up your subscription order.  You accept that the price to be paid for all items in your order will be that stated on the website at the time of the order submission. Always refer to your itemized email confirmations.
  • Have Your Fill is a project of the Connected Living Foundation; a community based, not-for-profit, tax-exempt, non-government-organization, and as such is not required to hold any government registrations such as an ABN.  This organization is exempt from GST.  The recipient Supplier must keep this document with other records relating to the supply for 5 years.

 

Delivery Conditions

  • To purchase product from Have Your Fill, the delivery address which you nominate will need to be within a suburb and postal code where Have Your Fill provides delivery services. Orders for delivery to addresses in suburbs and postal codes that are not in the delivery area will not be processed, unless otherwise communicated directly with us via email.
  • Delivery times and arrival of your order will depend on your area and day. You will be notified of your estimated delivery time via email when you make your first order. Your delivery day and time is subject to change.
  • Deliveries on Public Holidays are subjected to a 20% surcharge of the total order amount.
  • You must make all appropriate arrangements to assist and allow us to deliver your order, including obtaining any prior security, or other approvals which may apply to your delivery location.
  • If you have requested or indicated you would like us to collect your containers during an order drop off, you agree to ensure that all containers are; thoroughly washed, are properly sealed and sealable with its appropriate lids, are in good condition whereas to prevent any leaks and spills for future refills and are collected and placed in an appropriate and easy to access location for collection.
  • In the event of delivery delays beyond our reasonable control, we will endeavour to provide you with notice of the delay as soon as reasonably possible. We will not be liable to you or any other person for any such delay.

 

Unattended deliveries

  • Have Your Fill cannot be held responsible for any unforeseen damage or theft to your order when left in the designated area as specified by you. We recommend that your delivery is brought inside and stored correctly as soon as possible.

 

Credits, Refunds & Substitutions Policy

  • Due to the nature of use of the products, refunds will not be accepted. 
  • Have Your Fill aims for 100% customer satisfaction. If you are unhappy with a product or our service we will exchange or credit the value of the item. Please notify us within 24 hours from time of delivery as we may not refund after this time has passed.
  • Have Your Fill accepts that in the event of goods arriving damaged, we will replace the goods free of charge or a credit or refund will be issued.  
  • To make a return, please inform us either by email within 24 hours.
  • Our products are subject to availability through our suppliers and manufacturers and we do not always know if a product is, or will be available for delivery at the time of accepting an order, if it is currently out of our stock. If we are unable to deliver an item you have ordered we may offer a reasonable substitute.
  • If we are unable to offer a reasonable substitute of a product already purchased by you, a credit to your account will be applied, or you will be refunded. Please allow 5 working days for refunds to be processed.