Terms of service

Terms & Condition - (USAFoods) 

In General 
PTB Consulting Pty Ltd. (“USAFoods.com.au”) owns and operate this Website. This document governs your relationship with PTB Consulting Pty Ltd (“USAFoods.com.au”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. 

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites (the "Linked Sites"), which are not operated by PTB Consulting Pty Ltd. USAFoods.com.au has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. 

Privacy Policy 
On our ordering page, USAFoods.com.au uses SSL. All information passing between your computer and this web site is encrypted and therefore in the extremely unlikely event of interception, nothing can be deciphered by a third party. USAFoods.com.au may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Personal information cannot be collected via cookies and other tracking technology. Aggregate cookie and tracking information may be shared with third parties. By signing up to our automated "Email me when this product is back in stock" system, you agree for USAFoods.com.au to send you marketing emails. You may unsubscribe from these at any time.

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes. Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings. If you have any questions, concerns, or comments about our privacy policy you may *contact us* 

Prohibitions 
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and “USAFoods.com.au” will report any such breach to the relevant law enforcement authorities and disclose your identity to them. 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. 

Intellectual Property, Software and Content 
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of “USAFoods.com.au” or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by “USAFoods.com.au” and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. 

Terms of Sale 
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. 
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

In order to contract with USAFoods.com.au you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. USAFoods.com.au retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. 

(a) Our Contract 
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. 

(b) Pricing and Availability 
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. 

(c) Payment 
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. Occasionally, billing of your credit card may happen before the order is shipped. Upon the event of this occurring and the order cannot be completely fulfilled by USAFoods.com.au, you will receive a full refund for the items not fulfilled. This may take up to 7 days processing time. 

(d) Delivery of Goods 
USAFoods.com.au is not liable for any damages or lost parcels sent via its contractors or service providers. USAFoods.com.au will not refund, replace or accept returns for any item that has been damaged in transit unless you have agreed to include the postage insurance feature to your order. In the event that a product arrives with physical damage not caused by USAFoods.com.au, you must contact us with photographic evidence. USAFoods.com.au will then assess the evidence and provide a conclusion if the item is accepted under postage insurance. USAFoods.com.au may request the damaged item to be returned to sender. Once USAFoods.com.au is satisfied the damaged product has met criteria, a replacement item(s) will be shipped. If there is no stock available a full refund will be given. If the postage protection option has not been purchased by the customer a credit or refund may be given at USAFoods.com.au's discretion with sufficient photographic evidence. If the product is deemed usable or consumable a refund will not be given. USAFoods will not re-ship an item broken in transit unless the postage protection option has been chosen. USAFoods.com.au will not refund or replace any item that has been left on the recipients property without a signature for delivery. Authorization to leave any parcel on premises or in an non-secure location may void postage protection option. In this case you may be refunded for the postage protection option instead of the products damaged.

(e) Discount Codes 
USAFoods.com.au from time to time will offer out promotional discount codes. These codes can be used at USAFoods.com.au. These promotional codes are valid only for retail orders and cannot be used in conjunction with any other offer or sale. Discount codes are set to expire at certain dates and cannot be redeemed after the expiry date has passed. 

(f) Gift Certificates 
USAFoods.com.au sells gift certificates via our retail store and online. USAFoods.com.au is not liable for any lost or stolen gift certificates. Upon fulfilment of your order each gift certificate will be emailed to you and your recipient automatically. This may take up to 1-2 business days. From date of purchase gift certificates are valid for 12 Months and cannot be extended past that date. 

(g) “Best By” Dates 
Upon placing your order at USAFoods you agree to our Best By Guarantee.

USAFoods does not show the best by date for each product as it is a time-consuming task that constantly changes whenever new deliveries arrive.

As we are a small family-owned business parallel importing products imported from the USA we can not get the manufacturer's support when it comes to items that don't sell before their best-by date.

You are entitled to a full refund if your item's best by date is:
- General Grocery Products within 14 days of delivery*
- Specialty Grocery Products within 7 days of delivery**
- Bulk Products within 14 days of delivery
- Candy & Snacks within 7 days of delivery
- Soda & Drinks within 7 days of delivery
- Item states "Expires By" or "Use By" and not "Best By"

Items that are not eligible for refunds:
- Exclusive Grocery Products***
- Any Hostess, Little Debbies, Pillsbury Canned Dough Products
- US Domestic (Not manufactured for export) Chips and Puffs such as Fritos, Cheetos, Etc.
- Clearance & Discounted and On Sale items

Items that are past their best by dates are still great and delicious and are a great bargain! We check these products to ensure they are still fit for consumption.

USAFoods wants to remind you to not waste food. USAFoods will never sell you products that are unfit for consumption.

In the event that you do receive an item that is eligible for the USAFoods Best By Date Guarantee, please send us your Order Number and a photo of the product to [email protected] or through the live chat on our website.

* General Grocery Products are defined as items that have 12+ months shelf life from date of manufacture.
** Speciality Grocery Products are defined as items that have 6-12 months shelf life from date of manufacture.
*** Exclusive Grocery Products are defined as items that have less than 3 months shelf life from date of manufacture.

Disclaimer of Liability 
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law USAFoods.com.au and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect USAFoods.com.au 's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. 

Linking to this Website 
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright 
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with USAFoods.com.au and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to usafoods.com.au. 

Indemnity 
You agree to indemnify, defend and hold harmless USAFoods.com.au, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service. 

Variation 
USAFoods.com.au shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. 

Invalidity 
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law. 

Mobile Terms of Service
USAFoods

The USAFoods mobile message service (the "Service") is operated by USAFoods (“USAFoods”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to USAFoods’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of USAFoods through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with USAFoods. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to USAFoods or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other USAFoods mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to USAFoods or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Complaints 
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. 

Waiver 
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. 

Entire Agreement 
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and usafoods.com.au. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of USAFoods.com.au

Last updated 22 Jan 2024