1. Introduction 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Unless we indicate otherwise, by placing an order for products ("Store Products") offered currently or in the future via the online store available at https://shop.weightwatchers.com.au (the "Online Store"), you are agreeing to these terms and conditions ("Store Terms"). The Store Terms are additional terms that supplement, and should be read in conjunction with our over-arching website Terms and Conditions (at https://www.weightwatchers.com/au/terms-and-conditions-use), our Privacy Policy (at https://shop.weightwatchers.com.au/policies/privacy-policy) and our Subscription Agreement (at https://www.weightwatchers.com/au/ww-subscription-agreement), as applicable, that govern your use of this website ("The Site").  In addition, our Shipping Policy (at https://shop.weightwatchers.com.au/policies/shipping-policy and our Refund Policy (at https://shop.weightwatchers.com.au/policies/refund-policy) also apply in conjunction with these Store Terms and are incorporated into these Store Terms by reference.

 

When you place an order through the Online Store, you are ordering from Fortuity Pty Ltd trading as WW Australia or our related bodies corporate (“us”, “our”, “we” or “WW”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Store Terms at any time. You should check these Store Terms periodically for changes. By placing an order through the Online Store after we post any changes to these Store Terms, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Store Terms, you should not purchase from our Online Store. For the avoidance of doubt, these Store Terms apply to your purchase of all products offered on the Online Store, however certain products (such as some of our subscription products) have additional terms which apply in addition, as specifically set out below.

 

2. These Terms - In General

By purchasing via the Online Store, you agree to be legally bound and to abide by these Store Terms. We reserve the right to change, suspend, or discontinue all or any aspects of the Online Store at any time without prior notice. We sell and ship Store Products to end user customers only and such items are not for resale.


3. Product Description

We attempt to be as accurate as possible. However, subject at all times to law and to any statutory consumer guarantees that apply (and which these Store Terms do not limit or reduce in any way), we do not warrant that product descriptions or other content of the Online Store is accurate, complete, reliable, current, or error-free. Occasionally there may be information in the Online Store that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.


4. Pricing

The prices of Store Products are subject to change at any time without notice. We cannot confirm the price of an item until your purchase is complete. On rare occasions, an item may be priced incorrectly in the Online Store. If the price for the item in the Online Store is incorrect and is higher than the price provided at the time you placed your order, we may in our sole discretion inform you of the correct price and give you the option to order the item at the correct price, or we may cancel the order for such item and notify you of such cancellation. Prices are in Australian dollars (unless specified) and valid in Australia and New Zealand only. 


5. Promotional Codes

Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.


6. Product Availability

The availability of Store Products is subject to change at any time without notice. In the event that any goods ordered are not available, we will notify you of a delay or cancellation of all or part of your order. The Online Store reserves the right to limit the quantity of items ordered by person, per household or per order for any reason, and we will notify you of such limits as soon as is practicable.


7. Placement and Acceptance of Your Order

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment of completion of any Transaction.

 

When you enter your credit card information and place your order on the final review page, we will give you an order number. You will also receive an e-mail acknowledging that your order has been received. We will send you another e-mail to notify you when your order has been shipped and we have charged your credit card. Although we do not charge you until your order ships, we may preauthorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information. 


We reserve the right at any time after receipt of your order to accept or decline your order for any reason and/or to limit quantities on any order, without giving any reason or prior notice. You will be notified of our acceptance when your order has been shipped and your credit card charged. If we reject or cancel your order, we will attempt to notify you using the e-mail address you have given us with the order. You agree that we shall not be liable to you or any third party for any cancellation of your order(s). Your credit card will normally not be charged if we reject an order, but if a charge has been made against your card, we will process a refund.


8. Taxes

The Online Store collects and remits applicable goods and services taxes (and any other applicable taxes) as required by law. 


9. Canceling Your Order

We endeavour to ship items to you quickly and as a result, after you place an order via the Online Store, it is unlikely that we will be able to cancel your order, however you should contact our customer service team and we will do our best to assist you. Our Refunds Policy (see below) applies to any products you receive, and you should read that policy in conjunction with these Store Terms.  


10. Shipping

All orders placed via the Online Store are subject to product availability and will be shipped according to our shipping policies. Please review our Shipping Policy (below) and Refunds Policy (below) which apply in addition to these Store Terms. For clarity, different shipping terms may apply to different products available for purchase, depending on the product. 


11. Returns

Purchases from the Online Store cannot be returned to any WW Workshop locations or other locations. Please review our Refunds Policy or contact our customer care team for more details.


12. Comments & Submissions

We welcome your comments, notes, messages, ideas, reviews of services or products, feedback, suggestions or other communications (collectively, "Submissions") concerning the Site, which shall be and remain our property. Submissions will otherwise be dealt with as per our main website Terms and Conditions, which you should review carefully in relation to your Submissions.

 

In addition, you may post Submissions so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. 

 

WW and our related bodies corporate reserve the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions. 

 

You confirm that, to the extent that your Submission contains any testimonial from you regarding your experience with or thoughts regarding any product, that testimonial is freely given and represents your actual opinions, beliefs and thoughts regarding the product.

 

13. Disclaimers of Warranty and Limitation of Liability

To the extent permitted by law, WW’s warranties and liabilities in relation to the Online Store are as detailed in the Terms and Conditions. Nothing in these Store Terms limits or otherwise reduces your consumer rights under law.  Subject to the above, your use of the Online Store is at your sole risk and if you are dissatisfied with the Site, its content or with these Store Terms, your sole and exclusive remedy is to discontinue using the site.

 

14. General

If any provision of these Store Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Store Terms shall remain in full force and effect. The failure of WW to act with respect to a breach of these Online Terms by you or others does not constitute a waiver and shall not limit WW’s rights with respect to such breach or any subsequent breaches. These Online Terms shall be governed by and construed under the Governing Law as outlined in the Terms and Conditions. 


15. Conflict of terms

To the extent of any conflict between i) these Store Terms and ii) the general Terms and Conditions of The Site, or iii) the Refund Policy or iv) Shipping Policy, the conflict shall be resolved in that same order of precedence. 


16. Contact Us

For assistance with returns, questions about your order or other store-related enquiries please contact customer service on 131 997 (Australia), 0800 009 009 (New Zealand) or customerservice.anz@ww.com.

 

17. Terms specific to WW Healthy Eats subscription products

A. These Healthy Eats Terms form part of the Store Terms

WW provides the WW Healthy Eats subscription service to deliver meals (“Products”) to you in conjunction with our commercial partners, through the website https://shop.weightwatchers.com.au/pages/ww-healthy-eats (“Healthy Eats Site”). The Healthy Eats Site is a part of the Online Store.  By ordering a Product, you signify your agreement to these WW Meal Delivery Terms (“Healthy Eats Terms”) in addition to the Store Terms. WW has certain special terms that must apply to the Products given the nature of the Products and the unique nature of the subscription and delivery service, etc. So, to the extent of any inconsistency between these Healthy Eats Terms and the rest of the Store Terms, the Healthy Eats Terms shall take precedence.

 

We may, in our sole discretion, modify or revise these Healthy Eats Terms without notification, and you agree to be bound by such modifications or revisions whenever you procure our services thereafter. We recommend periodically revisiting these Healthy Eats Terms to ensure you are kept up to date with any changes made. 

 

By procuring a Product you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Healthy Eats Terms, and to abide by and comply with these Healthy Eats Terms.

 

B. Subscription

WW HEALTHY EATS is an ongoing, weekly subscription service. We deliver your Products weekly while your subscription is active.

You can cancel your subscription at any time. However, if you cancel your subscription after the cut-off time for processing of your next order, you will still be charged for, and receive, that order as your final order.  The cut-off time for processing your next order will differ for each user and will take place at the same time each week, based on when you placed your first order. Details of your cut-off time for processing can be found in your account settings on the Healthy Eats Site. If you have multiple orders with us, your cut-off time for each order will be different.

Your subscription payment shall be direct debited from your nominated account weekly, with the direct debit occurring at the abovementioned cut-off time; please ensure there are sufficient funds for your order to be processed to avoid overdraw fees with your bank or problems with processing your order.

In order to use the Healthy Eats Site you will need an account with us on the Online Store (“Account”). If your Account is terminated or suspended for any reason pursuant to the Terms and Conditions, you may be unable to receive Products from us. The Terms and Conditions apply in conjunction with these Healthy Eats Terms as detailed above. 

 

C. Service Availability

The Healthy Eats Site is only intended for use by people residing in nominated postcode districts within Australia (“Service Areas”). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone. By placing an order for Products, you affirm that you are a resident in one of the Service Areas.

 

D. How the contract is formed between you and us
    1. Upon taking up a WW Healthy Eats subscription you will receive an email from us acknowledging that we have received your order, once your payment has been processed. 
    2. Each order placed for Products through the Online Store that we accept results in a separate binding agreement between you and us for the ongoing supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Healthy Eats Terms. You may have multiple orders with us at any given time.
    3. Your subscription to our Services consists of an initial charge and is then followed by recurring charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Cancellation must take place as detailed in these Healthy Eats Terms. We may submit periodic charges weekly without further authorisation from you until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act. You can change your payment details via your Account.
    4. We reserve the right not to permit re-subscription where we have previously elected to terminate a subscription with you.
    5. Following any promotional subscription period, your WW Healthy Eats subscription will be automatically extended at the then-current non-promotional subscription rate.
    6. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
E. Cancellation
    1. If you wish to cancel your subscription, you must do so before the cut-off date and time as detailed above. If you cancel after the cut-off, you will still be charged for and receive your upcoming delivery as a final order.
    2. Subject to the non-excludable provisions of the Australian Consumer Law, any cancellation requests made after that time cannot be honoured as we have already purchased fresh ingredients and started making your meals. As a result, you will be charged the full amount of your order. If you still wish to cancel, please contact our customer service team by phone at 131 997.
    3. You may cancel your subscription at any time by editing your Account details, however, an upcoming order can only be cancelled prior to your weekly cut-off.

 

F. Pausing
  1. You may pause your subscription at any time by editing your Account details.
  2. If you pause your subscription after the weekly cut-off for your order (see above), you will still be sent a final order on the scheduled delivery date, after which your subscription will be paused indefinitely, until you choose to resume it.

 

G. Change of Details
  1. You must promptly advise us of any changes to your information provided to us as part of the customer registration process.
  2. Changes to address details and/or delivery instructions must be communicated before your weekly cut-off. For clarity, if your address changes to an address outside our Service Areas, we may have to terminate your subscription.
  3. Changes to payment details must be communicated prior to your weekly cut-off. We will not be liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.

 

H. Price and Payment
  1. From time to time, we may need to revise the price of Products up or down. For price variations, we will provide notice by email no less than 7 days before the changes take effect. After such time, we will apply the revised pricing for your subscribed service to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or cancel your subscription before items are delivered under the new pricing plan.
  2. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
  3. Product prices include applicable taxes including GST, however will exclude delivery charges which will be charged separately and may differ depending on your location.
  4. Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
  5. If your payment fails on your renewal/recurring bill date, you will receive an email immediately after the failed payment attempt to notify you. You will then have until the deadline shown to transfer funds and make the required payment for your Products.

    Please note: we will not automatically attempt a second payment. If payment isn't made by the cut-off time stated in the email, you will not receive your Products for the week.

 

I. Refund Policy
  1. A refund request will be assessed on individual circumstances and against the eligibility criteria, and pursuant to our Refund Policy.
  2. Refunds will be reviewed where required by the Australian Consumer Law.
  3. We reserve the right to refuse a refund request if you fail to provide an adequate explanation and notice.
  4. Due to production costs, any refund request for orders that are currently in the production stage will be refused.
  5. Refunds for change of mind will be refused.
  6. Nothing in these Healthy Eats Terms limits or modifies your rights under the Australian Consumer Law.

 

J. Delivery
  1. Deliveries of your orders will be made by our third party service provider, on our behalf. Reference to “we” or “us” in relation to deliveries shall include our service provider.
  2. If you have any questions regarding your delivery, or if your delivery is late or does not arrive, please call customer care on 131 997 (Australia). Tracking links are generally available with all of delivered meals and we will be able to provide you with details of your expected time of delivery, or get back to you within a reasonable period after we have investigated the situation.
  3. We only deliver addresses within the Service Areas. 
  4. During the ordering process, you need to select a date/delivery window for us to deliver your order to you. You also agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order.
  5. We will aim to deliver on the day specified. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible. 
  6. 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 any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. 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.
  7. We may 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.
  8. We accept no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
  9. If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of your order. If you do not provide a specific place for delivery, we will leave your order at your front door. If you advise we of any specific delivery instructions in your order, we will endeavour to comply with these instructions to the extent reasonably within our control.
  10. You will be responsible for your order from the time we deliver your products to the nominated address. We accept no liability or responsibility for any product once the product has been delivered to you.
  11. You understand that we may need to change your delivery date and time from time to time. We will notify you as soon as reasonably practicable if your delivery date and time change for any reason.
  12. You should inspect your order immediately upon receipt, and if there are any problems with the order, with the Products, or with the packaging, you should notify us immediately. We will likely require you to send us photos and other details in relation to any claims you may have that the Products in your order are incorrect or damaged or otherwise problematic.

 

K. Acceptance or rejection of an order
  1. We reserve the right to accept 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 Healthy Eats Site or in your order.
  2. If we reject an order placed through the Healthy Eats Site, 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.
  3. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.

 

L. Warranty
  1. Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits or modifies those guarantees.
  2. You acknowledge that the products displayed on the Healthy Eats Site are indicative only and that the products you receive may vary from those displayed according to seasonal availability. In particular, images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

 

M. Risk and Title
  1. The Products will be at your risk from the time of delivery.
  2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

N. Disclaimer and Limitation of Liability
  1. The following paragraphs exclude or limit our liability for your use of the Healthy Eats Site and your use of the service and use of any Products. They all apply so far as the law permits.
  2. While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
  3. We do not represent or warrant that the Healthy Eats Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
  4. You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
  5. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
  6. The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
  7. To the extent permitted by law, we do not accept any responsibility for any loss or damage, however caused (including through negligence or based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Healthy Eats Site, use the service or in connection with your use of any Product/s, or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website. 
  8. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.

 

O. Transfer of rights and obligations
  1. The contract between you and us is binding on you and us and on our respective successors and assignees.
  2. You may not transfer, assign, charge or otherwise dispose of your rights under these Healthy Eats Terms, or any of your obligations, without our prior written consent.
  3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.

 

P. Intellectual property rights
  1. We are the owner or the licensee of all intellectual property rights on the Healthy Eats Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
  2. You may print off one copy, and may download extracts, of any pages from the Healthy Eats Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

 

Q. Events outside our control
  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).
  2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) Strikes, lock-outs or other industrial action;
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster;
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) Impossibility of the use of public or private telecommunications networks;
f) Epidemic, pandemic or other health emergency (whether declared or not); and
g) The acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any these Healthy Eats Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Healthy Eats Terms may be performed despite the Force Majeure Event.

 

R. Waiver
  1. If we fail, at any time to insist upon strict performance of any of your obligations under these Healthy Eats Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Healthy Eats Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
  2. A waiver by us of any default will not constitute a waiver of any subsequent default.
  3. No waiver by us of any of these Healthy Eats Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

S. Severability

If any of these Healthy Eats Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

T. Entire agreement
  1. These Healthy Eats Terms in conjunction with the Online Terms and any other document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter.
  2. We each acknowledge that neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Healthy Eats Terms or the documents referred to in them.
  3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
  4. Nothing in this clause limits or excludes any liability for fraud.

 

U. Our right to vary these terms and conditions

We have the right to revise and amend these Healthy Eats Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. As stated above, you will be deemed to have accepted revised terms from the time you place an order, on each occurrence. 




Last updated: April 2022