Terms of service
Website Terms of Use
Welcome to the website of Lil Nibbles Pty Ltd (ACN 686 645 572) trading as Lil’ Nibbles (“us”, “we”, “our” or “Lil’ Nibbles”), a kids’ food business co-founded by an Australian Dietitian and a professional caterer, offering ready-made meals that are healthy, high in protein, and free from added sugar, preservatives, and artificial colouring.
Our Site is located on the web via the domain https://www.lilnibbles.com.au/ and includes all the files located in that domain (the “Site").
1. Acceptance of Terms of Use
1.1 By accessing this Site, and/or using our services as offered through the Site, including but not limited to:
(a) accessing the Site and/or creating an Account;
(b) using the Site’s features and associated software, networks, and processes;
(c) purchasing one or more of the products from Lil’ Nibbles as offered on this Site (the “Products”);
(d) participating in Lil’ Nibbles’ marketing and promotional communications;
(collectively, the “Services”), you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and Lil’ Nibbles and govern your use of this Site.
Use of Our Site
1.2 Your use of this Site is subject to these Website Terms of Use. The Website Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Site constitutes your acceptance and acknowledgement of these Website Terms of Use, our Privacy Policy, our Refund Policy and any other policy displayed on the Site, all of which constitute a part of the Website Terms of Use. If you do not agree to the Website Terms of Use, you must not use the Site.
1.3 Any time you visit the Site or use any of the features on the Site, you are taken to accept these Website Terms of Use.
1.4 We may amend or modify the Site, the Products, the Services, the Website Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately after publication on the Site. Your continued use of the Site indicates your continued acceptance of the Website Terms of Use as modified.
Legal capacity to transact
1.5 If you are under 18 years of age (“Minor”), you cannot place orders through this Site without the consent of a parent or guardian, who must read (and shall be bound by) these Website Terms of Use and our Privacy Policy. By using this site, you represent and warrant to Lil’ Nibbles that you are over the age of 18 years. Should Lil’ Nibbles suffer any damage or other Losses as a result of a transaction entered into by a Minor, we reserve the right to seek compensation for such Losses from the minor’s parents or guardians.
1.6 Where Services are provided to Minors, the Customer, person or organisation purchasing the Services will, in accordance with all applicable laws, obtain prior written Consent from the parent(s) or guardian for each Minor to allow the Minor to participate in the Services.
1.7 In the event that a Minor:
(a) has a mental health plan;
(b) has a medical care plan; and/or
(c) any medical condition which may impact the Minor’s ability to participate in the Services,
it is the sole responsibility of the Customer to determine if the Minor should take part in the Services and take all steps reasonably necessary to ensure their mental and physical wellbeing is preserved.
1. Definitions and Interpretation
Definitions
2.1 The following definitions apply in this Terms of Use unless the context requires otherwise:
Account means an account created by registered Users on the Site, for the purposes of earn and redeem loyalty points.
Business Day means any day other than a Saturday, Sunday or public holiday in Australia.
Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).
Lil’ Nibbles means Lil Nibbles Pty Ltd (ACN 686 645 572) and its related entities or body corporates.
Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the commencement date of any Services rendered, as a likely result of breach of these Terms and Conditions:
(a) indirect, incidental, special, remote or unforeseeable loss or damage;
(b) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
(c) loss or damage of the nature set out above in clauses (a) and (b) that is incurred or suffered by or to a third party.
Customer means any person who purchases any of our Products, or other offerings from time to time.
Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:
(a) liabilities on account of tax;
(b) interest and other amounts payable to third parties;
(c) legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and
(d) all amounts paid in settlement of any Claim,
and “Losses” shall have the same meaning.
Order or Orders means any purchase made by a customer for the Products offered by Lil’ Nibbles online via the Site.
Payment Gateway means any online payment platform including, Shop Pay and PayPal, or any other gateway we may elect to use from time to time.
PayPal means PayPal Australia Pty Limited (ABN 93 111 195 389), being an online third-party Payment Gateway used for Lil’ Nibbles billing purposes.
Privacy Policy means our privacy policy which can be accessed via our Site.
Products means any of the goods available for sale by Lil’ Nibbles as listed on our Site, including but not limited to ready to eat infant snacks and supplements.
Representative means Lil’ Nibbles’ directors, officers, contractors, employees, consultants, partners, advisors or other affiliates from time to time.
Price means the price of the Products as displayed on the Site.
Shop Pay means Shopify Commerce Singapore Pte. Ltd., being an online third-party Payment Gateway used for Lil’ Nibbles’ billing purposes.
Site means the whole or any part of the web pages located at https://www.lilnibbles.com.au/ including the layout of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.
Uploaded Content means any and all content that is submitted, posted or otherwise uploaded to the Site, including but not limited to any descriptions, reviews, feedback, comments and/or media.
User means any person visiting or using the Site or Services whatsoever, regardless of whether
registered or unregistered.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
You, you, or your mean any person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Site, including any Customer and User.
Interpretation
2.2 In these Website Terms of Use, the following rules of interpretation apply unless the context requires otherwise:
(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
(b) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(c) a reference to a document (including these Website Terms of Use) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;
(d) an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators;
(e) a reference to writing includes any communication sent by post, facsimile or email;
(f) a reference to time refers to time in Sydney, New South Wales and time is of the essence;
(g) all monetary amounts are in Australian currency;
(h) the word “month” means calendar month and the word “year” means 12 calendar months;
(i) the meaning of general words is not limited by specific examples introduced by “include”, “includes”, "including", "for example", "in particular", “such as” or similar expressions;
(j) a reference to a “party” is a reference to a party to these Website Terms of Use, and a reference to a “third party” is a reference to a person that is not a party to these Website Terms of Use;
(k) a reference to any thing is a reference to the whole and each part of it;
(l) a reference to a group of persons is a reference to all of them collectively and to each of them individually;
(m) words in the singular include the plural and vice versa; and
(n) a reference to one gender includes a reference to the other genders.
Prohibited conduct
3.1 Your use of this Site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
3.2 Without limiting any other remedies available to Lil’ Nibbles at law or in equity, Lil’ Nibbles reserves the right to, without notice:
(a) temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Services to you if:
(i) you breach any provision of these Website Terms of Use;
(ii) Lil’ Nibbles is unable to verify or authenticate any information that you provide to us; or
(iii) Lil’ Nibbles believes that your actions may cause damage and/or legal liability to Lil’ Nibbles, any of its customers or suppliers or any other person; and
(b) remove or block access to any information and/or materials (in whole or in part) that Lil’ Nibbles, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.
Indemnity
3.3 You indemnify and hold harmless Lil’ Nibbles and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and Consequential Losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
3.3.1 any material or information that you submit, post, transmit or otherwise make available through this Site;
3.3.2 your use of, or connection to, this Site; or
3.2.1 your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Requirement for registration
4.1. Lil’ Nibbles reserves the right to make any parts of this Site accessible only to Users who have registered.
Username and password
4.2. From time to time, upon registration with this site, you may be required to provide a username and password to access your Account. You are responsible for maintaining the security of your password for this site. Lil’ Nibbles will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Lil’ Nibbles will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.
4.3. You must notify Lil’ Nibbles immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
4.4. In order to register an Account with this site, you must agree to these Website Terms of Use and where we require from time to time, you must provide Lil’ Nibbles with:
(a) a valid email address;
(b) accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
(c) any other information that may be required by Lil’ Nibbles during the registration process.
4.5. You must promptly update this information to maintain its accuracy at all times.
4.6. You represent and warrant to Lil’ Nibbles that all information provided to us by you, including the information provided by you through our Account registration module or entered into your Account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
Multiple Accounts and automated Account opening
4.7. One person may not maintain more than one Account with this site. Accounts registered by "bots" or other automated methods are not permitted.
Approval of registrations
4.8. Lil’ Nibbles reserves the right to accept or reject any application for registration of an Account with this Site at its absolute discretion.
Placing an Order
5.1 Any Users, regardless of whether they have a registered Account, may place an Order by following the instructions on the Site.
5.2 By placing an Order through this Site, you make an irrevocable offer to us to purchase the Products that you have selected pursuant to these Website Terms of Use.
5.3 Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any the Products to you – however, Lil’ Nibbles will endeavour to supply your selected Products to you.
5.4 We will not commence processing any order made through this Site unless and until:
(a) payment for the order has been received by us in full; and
(b) the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
Acceptance of orders
5.5 Acceptance of each Order will take place when Lil’ Nibbles notifies you in writing that your Order has been accepted via email.
5.6 Lil’ Nibbles reserves the right at our discretion to:
(a) at any time prior to your Order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
(b) at any time:
(i) refuse to provide Products to you;
(ii) terminate your access to this Site; and/or
(iii) remove or edit any content on this Site.
5.5 Examples of some of the grounds upon which we may elect to reject an order, include but are not limited to the following:
(a) the Products you have selected are not in stock;
(b) the Products are listed at an incorrect price or with incorrect information due to any oversight;
(c) The information you have provided us is inaccurate, incomplete or incorrect;
(d) The order does not meet a minimum value order;
(e) There is a duplication of the order in error;
(f) Authorisation of payment cannot be obtained;
(g) The order is for or appears to be for commercial use; or
(h) Delivery is requested to any address outside of our delivery area.
5.6 Once an Order has been placed online via our Site, and such Order has been accepted by us, the terms of this purchase cannot be varied unless Lil’ Nibbles and the Customer come to an agreement in writing.
5.6 Lil’ Nibbles’ primary form of communication with Customers is via e-mail. Accordingly, Customers acknowledge and agree that it is their sole responsibility to ensure that the correct contact details are entered when placing an Order and that the nominated e-mail address is regularly checked for correspondence. It is preferential that the Customer populate the field requesting their mobile phone number to ease the delivery process.
5.7 In the event that Lil’ Nibbles cancels an Order that has not yet been dispatched to the Customer, any monies paid in relation to that Order shall be refunded in full. Any such refund or cancellation will be confirmed by Lil’ Nibbles via e-mail.
Product Specifications
5.8 The features and specifications of our Products as described and displayed on our Site are subject to change, noting that any such change shall be reflected on the Site promptly thereafter.
5.9 Due to occasional supply shortages or disruptions, we may need to substitute certain ingredients or brands used in our products from time to time. In such cases, we will update the ingredients list on our website to inform customers of any such substitutions in accordance with the Food Standards Australia New Zealand (FSANZ) Food Standards Code and Australian Consumer Law.
5.10 Customers are responsible for reviewing the most current ingredient and allergen information available on our website prior to purchase.
Product Descriptions
5.11 Any descriptive terms used in our Product names or marketing, including but not limited to, ‘organic’ or ‘natural’ are used for descriptive and branding purposes only. Customers are responsible for reviewing the full list of ingredients and Product information to make informed decisions based on their personal dietary needs or preferences and Lil Nibbles will not be held liable for any misunderstanding of descriptive terms, nor for any adverse outcomes resulting from reliance on such descriptions.
Products out of stock
5.12 From time to time when a Product is out of stock, Lil’ Nibbles shall indicate this on the Site and shall use their best efforts to restock the Product. Lil’ Nibbles reserves the right to remove any Products and/or Services from the Site at any time at their absolute discretion.
5.13 Lil’ Nibbles does not accept any responsibility for online Orders that are declined or disrupted due to poor internet connection or any such delay that is caused by circumstances beyond the reasonable control of Lil’ Nibbles or its Representatives. Lil’ Nibbles shall be entitled to a reasonable extension of time for the performance of any unfulfilled obligations that may arise as a result of the aforementioned adverse circumstances.
Returns, Refunds and Replacement of Products
5.14 As our Products are perishable goods, all Orders are final, and we do not accept returns.
5.15 Refunds and replacements of products are provided in accordance with our Refund Policy which can be accessed at: https://www.lilnibbles.com.au/policies/refund-policy
5.16 For the avoidance of doubt, Customers acknowledge and agree Lil’ Nibbles will not be held liable for the failure of proper Product Handling and consumption pursuant to clause 11 of this agreement.
5. Payments
GST Inclusive
6.1 The Prices for our Products are set out on the Site are inclusive of GST, and which Prices can be amended or modified by Lil’ Nibbles without notice from time to time.
6.2 Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Online Billing
6.3 Lil’ Nibbles conducts its payments and secure in-person payment transactions through a Payment Gateway and may elect to use any other Payment Gateway from time to time in its absolute discretion. Payments made through any Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Website Terms of Use.
6.4 Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order (e.g., your name, email address and billing address).
6.5 Lil’ Nibbles does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise Lil’ Nibbles, through the Payment Gateway to charge your payment method for the total amount of your order.
Credit and debit card payments
6.6 We accept the following methods of payment: Visa, MasterCard, American Express, Apple Pay, Shop Pay and PayPal. Please note that we may, in some cases, refuse to accept certain credit cards issued by banks outside of Australia. Lil’ Nibbles may from time to time, at its absolute discretion, charge additional transaction fees for credit card payments.
Security
6.7 While our Payment Gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including Consequential Losses (whether direct or indirect), that may be suffered by a Customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Lil’ Nibbles.
6.8 Lil’ Nibbles may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Lil’ Nibbles considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
Copyright
7.1. In these Website Terms of Use, the term "Proprietary Content" means:
(a) this Site;
(b) all of its content (including all of the Uploaded Content, text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof);
(c) the Materials; and
(d) all software, systems and other information owned or used by Lil’ Nibbles in connection with the Services offered through this Site (whether hosted on the same server as this Site or otherwise).
7.2. All Proprietary Content is the property of Lil’ Nibbles’ or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not, distribute, reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of Lil’ Nibbles or other copyright owner as applicable.
7.3. You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
7.4. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Lil’ Nibbles. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Lil’ Nibbles.
User Content
7.5. In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any User, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
7.6. This Site contains some features that enable you and other Users to upload User Content. Lil’ Nibbles reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
(a) represent and warranty to Lil’ Nibbles that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
(b) grant to Lil’ Nibbles a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Lil’ Nibbles absolute discretion.
Copyright claims
7.7. If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that Users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
No Reverse Engineering
7.8. The Customer shall not disassemble, decompile, or reverse engineer the Site, the Services or the Products or attempt to or assist any third party in doing so.
7. Third Party Sites
8.1 Occasionally, we may make available through our Site, a link to a third party website. These links will allow you to leave our Site. These third party websites are not under our control and we do not accept any responsibility, and assume no liability for the content, privacy practices, functions, accuracy, legality or appropriateness of any linked website or any link contained in a linked website, or any changes or updates to such site. When you access third party resources on the internet, you do so at your own risk and you shall be subject to their respective terms and conditions of use. Our links with any third-party website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked third-party websites.
8.2 You acknowledge and agree that Lil’ Nibbles shall not be responsible or liable, either directly or indirectly for any loss or damage caused by or in connection with your use of or reliance upon any content or the purchase of other goods or services obtained on such website(s).
8. Confidentiality
9.1 You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. This also applies to the privacy and confidential information of other Course participants. We will not disclose any information you provide except as set out in these Terms.
9.2 However, these obligations of confidentiality do not apply to any disclosure that:
(a) is for the purpose of performing the Terms or exercising a party’s right under the Terms;
(b) is required by applicable law; or
(c) relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.
10.1 You acknowledge and agree that the information contained on our Site and other associated Lil’ Nibbles social media channels, including but not limited to, Facebook, X, LinkedIn, Pinterest, Threads, YouTube, Instagram or TikTok is for general information only. While we endeavour to keep the information up to date Lil’ Nibbles make no representations or Warranties, express or implied, as to the accuracy or completeness with respect to the information contained on our Site and other related Lil’ Nibbles’ social media channels
10.2 You agree that Lil’ Nibbles nor any of its Representatives shall have any liability to you relating to or resulting from the use of, or reliance upon, the information contained on our Site and any other related Lil’ Nibbles social media channels.
11. Product Handling and Consumption
11.1 When you place an Order, you acknowledge and assume all risks associated with the proper handling, storage, use and consumption of the Products. The Customer is responsible for checking the Order upon delivery. Lil’ Nibbles will not be held liable for spoilage, contamination or degradation of the Products after the delivery.
11.2 While we endeavour to disclose all information relating to allergens, we cannot guarantee our Products are free from allergens. All Products must be consumed under adult supervision and served to children with caution.
11.3 By purchasing our Products, you acknowledge and agree that any information offered on our Site or otherwise to you by us is intended for informational and educational purposes only and does not constitute medical, dietary or nutritional. Should you require specific guidance in relation to feeding or nutrition, you should consult a qualified nutritionist or healthcare professional.
12. Disclaimer of warranties
12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIL’ NIBBLES AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
12.2 This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Lil’ Nibbles and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
(a) the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
(b) this Site will meet your requirements or expectations;
(c) anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
(d) the quality of any Services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
(e) errors or defects will be corrected; or
(f) this Site or the servers that make it available are free of viruses or other harmful components.
Exclusion of liability
13.1 To the maximum extent permitted by law, Lil’ Nibbles and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any Loss, cost, expense, Claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any Loss, whether it be Consequential Loss, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site by you or any other person or arising directly or indirectly from your reliance upon any statement, recommendation, advice or assistance provided by us, our employees and any agents of ours, from time to time. The information on this Site does not intend to provide advice and must not be construed as a substitute for advice from an appropriate health care professional and the Customer acknowledges that it is the Customer’s responsibility to fully inform itself and understand the risks associated with the Services.
Remedies limited
13.2 To the maximum extent permitted by law, Lil’ Nibbles and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Lil’ Nibbles’ sole discretion):
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired; and
Release
13.3 You agree that your use of this Site is at your own discretion and risk. You agree that you will be personally responsible for your use of this Platform and you agree to release Lil’ Nibbles and its Representatives, officers, employees, agents, consultants, licensors, partners and affiliates from any Claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this Site by you or any other person or entity. Lil’ Nibbles may plead this release as a bar and complete defence to any Claims or proceedings.
Force majeure
13.4 To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Lil’ Nibbles and its Representatives expressly exclude liability for any delay, cancellation and/or damage in performing any of its obligations under these Website Terms of Use where such delay or cancellation is caused by circumstances beyond the reasonable control of Lil’ Nibbles (including but not limited to any circumstances where there is Government enforced prohibition due to COVID-19 or any other pandemic or epidemic restricts Lil’ Nibbles from providing the Customer with the Services), and Lil’ Nibbles shall be entitled to a reasonable extension of time for the performance of such obligations. The Customer acknowledges and agrees that Lil’ Nibbles holds the benefit of this clause 10.4 for itself and as agent and trustee for and on behalf of each of its Representatives.
Interpretation
14.1 In these Website Terms of Use, the following rules of interpretation apply:
(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
(b) these Website Terms of Use may not be construed adversely against Lil’ Nibbles solely because Lil’ Nibbles prepared them;
(c) the singular includes the plural and vice-versa;
(d) a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
(e) the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Notifications
14.2 Lil’ Nibbles may provide any notification for the purposes of these Website Terms of Use by email.
14.3 You agree that you are responsible for ensuring that content provided to you by Lil’ Nibbles via email is not collected in your own junk or spam filters and Lil’ Nibbles shall not be held liable or accountable for any loss of communication if this is the case.
14.4 You have the option to discontinue receiving communication and/or emails from Lil’ Nibbles by unsubscribing from our email communications at any time.
Costs
14.5 Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
14.6 You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Lil’ Nibbles’ prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.
14.7 Lil’ Nibbles may assign, transfer or sub-contract any of our rights or obligations under these Website Terms of Use or any other policy on our Site at any time without your consent and without notice to you.
Third Party Rights
14.8 The agreement is between you and us and no other person shall have any rights to enforce any of its terms.
Set-off
14.9 The Customer shall not have the right to set-off any amounts owing for a default in payment in any Claim, suit or proceeding brought by Lil’ Nibbles against the Customer. Lil’ Nibbles reserves the right to rely on this clause 11.9 in bar of any proceeding for set-off.
No waiver
14.10 Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Lil’ Nibbles to act with respect to a breach by you or others does not waive Lil’ Nibbles’ right to act with respect to that breach or any subsequent or similar breaches.
Severability
14.11 The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.
Variation
14.12 Lil’ Nibbles’ reserves the right to amend these Website Terms of Use and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Services offered through this site.
Dispute Resolution
14.13 The parties (being Lil’ Nibbles’ and any Customer or User) agree:
(a) to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Website Terms of Use;
(b) any agreement reached between the parties must be reduced to writing and will be binding on the parties;
(a) where a dispute cannot be resolved informally as between the parties, and a period of ten (10) Business Days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
(b) such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
14.14 The parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Website Terms of Use cannot be resolved.
Entire Agreement
14.15 These Terms together with our Privacy Policy and Ref Policy, sets out the entire agreement between you and us in respect of your use of our Site and the Products and Services and supersede all previous agreements, understandings and negotiations
Governing law and jurisdiction
14.16 These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and the courts of appeal from them.
Contact Us
14.17 For any general enquiries or concerns related to these Website Terms of Use or our Site, you may contact us at lilnibblesau@gmail.com or via the details as referenced on our Contact Us page on our Site.
Last updated: 17.7.2026
Schedule 1 - Prohibited conduct
YOU MUST NOT:
· use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
· engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
· use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
· use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
· use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
· use this Site by any automated means;
· use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
· access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
· interfere with the display of any advertisements appearing on or in connection with this site;
· reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
· reproduce, duplicate, sell copy or store any of the Material appearing on this Site or the Products, which shall be used solely for your own personal and non-commercial use;
· falsely imply that any other website is associated with this site;
· do anything that leads, or may lead, to a decrease in the value of Lil’ Nibbles’ intellectual property rights in this site;
· use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
· release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Lil’ Nibbles without Lil’ Nibbles’ prior written consent; or
· use this Site to transmit any information or material that is, or may reasonably be considered to be:
o abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
o libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
o infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
o in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
o in breach of any person’s privacy or publicity rights;
o a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
o in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
o containing any political campaigning material, advertisements or solicitations; or
o likely to bring Lil’ Nibbles or any of its staff into disrepute.