These Terms & Conditions constitute a legal agreement between you (the “User,” “Client,” or “Service Provicer,”) and Trolli Pty Ltd (“Trolli”, “the Company”, “we,” “our” or “us”) concerning your access to and use of the Trolli App (“the App”) and other related services.

By accessing or using the App or the content provided on or through the App, you agree to follow and be bound by the Terms & Conditions and our Privacy Policy.

Similarly, by clicking the “Register” button when registering an account or using the App and/or the related services, you acknowledge that you have read and understood the Terms & Conditions and agree to be bound by them and to comply with all applicable laws and regulations

Definitions

In these Terms and Conditions, the following terms shall have the following meanings, except where the context otherwise requires:

"Account" means the user account created by users of the App as part of Registration;

"Privacy Policy" means the policy accessible on our App detailing how we treat your personal data;

“Client” means a person buying services from a Service Provider through the App;

"Goods" refers to any goods offered for delivery to Clients through the App;

"Users" means users of the App, including Clients and Service Providers;

"Service Provider” means independent shoppers who have agreed to offer delivery services through the App;

Services

The Trolli App is an e-grocery platform through which Users can fully customize custom carts for goods of any quantity and from any Service Provider or store. Therefore, the App connects Clients to different Service Providers.

Accounts

You will be required to register an account in order to access the App. Accordingly, you must complete the registration process by providing us with current, complete and accurate information about yourself as prompted by the applicable registration form.

You agree to use the App in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-terrorism financing.

As a user, it is your responsibility to maintain the confidentiality of your account details and the passwords to the devices they use to access the App. We shall not be liable for any loss or damage arising from your failure to comply with this precaution.

Using your Account, you will be able to control most communications and activities. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.

Your status

By accessing or using the App or the content provided on or through the App, you warrant that:

• a) You are legally capable of entering into binding contracts;
• b) You are at least the age of majority; and
• c) You are not resident in a jurisdiction where making a payment to our App, in line with these terms and conditions would breach any laws in that jurisdiction.

Use of the App

Subject to these Terms and Conditions, the Privacy Policy and all other applicable laws and regulations, we hereby grant you a non-exclusive, non-transferable, limited license to access, view and use the App and the content therein which we will allow you access from time to time.

Please note that the licence does not amount to a transfer of title to the App, neither does the authorization allow you to modify, reproduce, copy or reproduce the App and its contents for commercial purposes. Requests for permission to reproduce any information contained on the App should be sought expressly from the Company.

Trolli Service Fees

Trolli will charge a convenient and affordable fee to both Client and Service Provider, as follows:

• a) Clients will pay a base delivery fee of $10.99 for goods delivered by a Service Provider from the first shopping Store. An additional amount of $4.99 will be charged for each of the additional Stores added by the Client.
• b) Trolli will deduct 15% of the Service Provider’s earnings (from delivery fees and tips paid by Clients).
• c) All the amounts mentioned are in Australian Dollars (AUD)
• d) Charges paid by Client for completed and delivered orders are final and non-refundable. Trolli has no obligation to provide refunds or credits, but may grant them, in each case in Trolli’s sole discretion.
• e) We may change the fees for our Services as we deem necessary or appropriate for our business.

Goods

No Service Provider shall be allowed to deliver the following items through the App:

• a) Pre-ordered or made-to-order items, such as: Deli sandwiches or hamburgers;
• b) Gift cards;
• c) Live animals, including feeder animals for pets;
• d) Appliances;
• e) Any electronics and electronic peripherals;
• f) Furniture;
• g) Tobacco;
• h) Holiday trees;
• i) Postage stamps;
• j) Currency;
• k) Photos;
• l) Prescription drugs; and
• m) Liquor.

Prices and Payment

All contracts for the supply of goods shall be between Clients and Service Providers.

Clients warrant that the credit or debit card details provided to us will be accurate t and that they will have sufficient funds to make the payments required. Upon a Client placing an order for delivery of goods, Trolli will pre-authorize payment part of the order amount from the Client’s debit or credit card. Thereupon, the Service Provider will purchase the Goods ordered by the Client using the Service Provider’s debit or credit card and deliver the Goods to the Client.

Upon delivery of Goods, the Client will pay the Service Provider the remainder of the order amount either through cash or direct bank transfer.

Once both the Client and Service Provider mark the delivery as finished/complete, the Client’s card will immediately be charged for the delivery fee, from which we shall deduct our fees and reimburse the remainder to the Service Provider.

All prices listed on the App are correct at the time of publication; however, we reserve the right to alter these in the future.

If a Client chooses an online mode of payment, the Client must pay for their order before the goods are delivered. To ensure that shopping online is secure, your debit or credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet.

Service Providers will bear the costs associated with the purchase, preparation and delivery of goods to clients.

Delivery and cancellation

Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary. Goods will be sent to the delivery address stated by the Client when placing their order.

Trolli cannot be held responsible for any late deliveries as that is the sole responsibility of the Service Provider.

In the event a Client cancels an order for goods after the order has been assigned to a Service Provider, the Client shall be charged the base delivery fee of $10.99.

If a Service Provider cancels a Client’s order after the order has been assigned, we shall notify the Client of the cancellation and immediately invite other Service Providers to complete the Client’s order.

If a Client fails to accept delivery of goods at the time they are ready for delivery, or the Service Provider is unable to deliver at the nominated time due to the Client’s failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to the Client and all risk and responsibility in relation to such goods shall pass to the Client.

Reviews

After goods are delivered to a Client, the Client will be given the option to complete a review of the Service Provider (“Review”). Clients are solely responsible for the content of any Review they provide.

Clients must ensure that all Reviews they submit do not contain any unlawful or inappropriate content.

Prohibitions

You agree and understand that the App will not at any time be used for any of the following restricted purposes:

• a) Impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services;
• b) Cause nuisance, annoyance or inconvenience;
• c) Copy or distribute the Software or any content displayed through the Services for republication in any format or media.
• d) Violate any law or regulations including those related to obscenity or computer use or access;
• e) Engage in any acts of fraud or misrepresentation;
• f) Provide instructional information about illegal activities or encourage criminal conduct, conduct that would give rise to civil liability, or that would otherwise violate any applicable local, state, national, or international law;
• g) Interfere with the operations of the App;
• h) Infringe or violate the rights of any person, including the right to privacy and intellectual property rights;
• i) Allow unauthorized persons to access or use the App on any electronic device;
• j) Distribute any computer viruses, worms, Trojan horses or other elements destructive to the App, hardware or software of the Company and other users; or
• k) Attempt to decrypt any encrypted or scrambled communications.

Relationship between you and Trolli

You understand and agree that Trolli provides a technology platform connecting independent Service Providers to Clients.

You acknowledge and agree that Trolli does not itself sell goods or offer delivery services, and has no responsibility or liability for the acts or omissions of any Service Providers or Clients.

Trolli is not the retailer of any goods offered by any Service Provider, nor is it in the delivery business or a common carrier. Service Providers shall be responsible for declaration and payment of taxes in relation to sale of goods through the App.

Service Providers will be responsible for obtaining and maintaining Public Liability, Work Cover or any other appropriate insurance covers at their own cost and expense, as Trolli will not be liable for any injuries or losses arising from the Use of the App.

Intellectual Property

You acknowledge and agree that the App is subject to intellectual property such as copyright, trademark and patent. The App, its material and Technology anywhere in the world belong to us or our licensors. Rights in the App are licensed (not sold) to you, and you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the Terms & Conditions. Nothing in the Terms gives you a right to use the App name or any of the Company’s trademarks, logos, domain names, other distinctive brand features, and other proprietary rights.

You also acknowledge that you have no right to have access to the App in source-code form.

Trolli Privacy Policy

Our Privacy Policy sets out, among other things, our data collection, retention, use and disclosure practices. Please read the Privacy Policy to understand how your information is treated.

Indemnity and limitation of liability

Your access to and use of the App or any material therein are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.

We DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We also make no warranty or representation and disclaim all responsibility and liability for the following:

• a) The completeness, accuracy, availability, timeliness, security or reliability of the Service Providers;
• b) The fitness for purpose of any goods purchased through the App;
• c) Incorrect or inaccurate information;
• d) Unauthorized access to or disclosure of user transmissions or data;
• e) Statements or conduct, physical or otherwise, of Service Providers or any third parties; and
• f) Availability of the App on an uninterrupted, secure, or error-free basis.

To the maximum extent permitted in Law, we shall not accept liability for any direct or indirect damages, loss of profits or revenues resulting from your access or use of the App.

Termination

The Company may terminate your access to the App or other services without any prior notice to you if:

• a) You use your Account for unauthorized purposes or where we detect any abuse/misuse, fraud or attempted fraud relating to your use of the App;
• b) If we are directed to do so pursuant to an order or instruction of or a recommendation from the Government, court, regulator or other competent authority;
• c) If you violate the intellectual property rights of the Company or other users such as content created or shared through the App;
• d) If the Company reasonably suspects or believes that you are in breach of these Terms and Conditions, which you fail to remedy (if remediable) within seven (7) days after the service of notice by email, or other electronic means requiring you to do so;
• e) In the event such a termination is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the App from time to time; where your Account becomes inactive or dormant;
• f) If the Company decides to suspend or cease the provision of the App for any reason as it may determine in its absolute discretion.

If we terminate your account, if you close your account, or if the payment of your fees cannot be completed for any reason, you remain obligated to pay us for all unpaid fees plus any penalties, if applicable.

Dispute resolution

Trolli does not offer dispute resolution services in relation to disputes between Users. As such, Users are solely responsible for the resolution of disputes or differences arising in the course of their use of the App. However, in some cases, we may assist Clients and Service Providers to settle disputes arising from their use of the App, in an amicable manner.

Governing Law

This Agreement shall be governed by the laws of Australia, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) must be resolved exclusively by a court of competent jurisdiction located in Australia.

Miscellaneous

Third parties. This Agreement does not give rights to any third parties. You may not assign or attempt to assign your rights and obligations without our express consent.

Severability. If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law

Amendment. The Company reserves the right, at its sole discretion, to modify or replace these Terms & Conditions at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of or access to the App following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes

Entire Agreement. These Terms & Conditions, the Privacy Policy and any other policies constitute the entire agreement between the Company and you and supersede any previous oral, written or electronic communications or documents with respect to the App. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

Get in touch

If you have any concerns or questions regarding these Terms & Conditions, please contact us at info@trolli.com.au.

Effective date of the Terms & Conditions: 25th March 2020

Last updated on: 25th March 2020.