Terms & Conditions
Last updated: 4 August 2026
1. About these Terms
These Website Terms of Use apply whenever you access or use a website, online store, application, webpage or other digital service operated by or on behalf of Goldcap Pty Ltd trading as Tucker Fresh.
In these Terms:
Goldcap, Tucker Fresh, we, us and our mean Goldcap Pty Ltd in its capacity as operator of the relevant Tucker Fresh digital service.
Tucker Fresh Group means Goldcap and the related entities that operate stores or services under the Tucker Fresh brand.
Group Entity means a legal entity within the Tucker Fresh Group.
Store means a grocery store operating under the Tucker Fresh brand.
Store Entity means the Group Entity that legally operates a particular Store.
Website means any website, online store, application, webpage or digital service operated by or on behalf of Goldcap under the Tucker Fresh brand.
you and your mean the person accessing or using the Website.
By accessing or using the Website, you agree to these Terms.
If you do not agree to these Terms, you should not use the Website.
2. About Tucker Fresh
Tucker Fresh is a network of grocery stores operating throughout Western Australia.
Individual Tucker Fresh Stores may operate through separate legal entities within the Tucker Fresh Group and may have their own Australian Business Numbers.
Goldcap operates and manages Tucker Fresh’s websites and digital services on behalf of the Tucker Fresh Group.
Although Goldcap operates the Website, Goldcap may not be the legal seller of products purchased through a Tucker Fresh online store. The seller will generally be the Store Entity responsible for the Store selected during the ordering process.
3. Services covered by these Terms
These Terms apply to Tucker Fresh digital services, including:
the Tucker Fresh corporate website;
individual Tucker Fresh online store websites;
the Tucker Fresh catering website;
Store locator and Store information pages;
customer account functions;
careers and employment pages;
contact and enquiry forms;
news, recipes, articles and editorial content;
promotional and loyalty-related webpages; and
future websites, applications and digital services operated under the Tucker Fresh brand.
These Terms govern access to and use of the Website. They do not contain all the terms applying to purchases, loyalty programs, competitions or other offers.
Separate terms may apply to:
online shopping and catering orders;
loyalty and rewards programs;
promotions, discount codes and member offers;
competitions and prize draws;
gift cards and vouchers; and
other products or services identified on the Website.
Where separate terms apply, those terms will take precedence to the extent of any inconsistency relating to that transaction, product, service or promotion.
4. Online purchases
Purchases through a Tucker Fresh online store are governed by the separate Online Shopping Terms and Conditions displayed or linked during the ordering process.
The Store Entity for the Store selected by the customer will generally be the seller of the products included in the order and will be responsible for fulfilling that order.
Purchases made through an external marketplace, delivery service or other third-party platform will also be subject to that platform’s terms and conditions.
5. Permitted use of the Website
You may use the Website for lawful, personal and non-commercial purposes.
You must not:
use the Website for any unlawful, fraudulent or misleading purpose;
interfere with the operation, security, integrity or availability of the Website;
attempt to gain unauthorised access to the Website, its systems, customer accounts or data;
upload or introduce viruses, malicious code or harmful technology;
bypass or attempt to bypass security or access restrictions;
impersonate another person or organisation;
create an account using false or misleading information;
use the Website in a way that unreasonably affects another user or Tucker Fresh’s operations;
copy or commercially exploit Website content without permission;
collect Website data using unauthorised automated tools; or
encourage or assist another person to engage in prohibited conduct.
We may take reasonable action to protect the Website, our systems, customers and the Tucker Fresh Group where we reasonably believe that these Terms have been breached or that an activity presents a security, fraud or operational risk.
This action may include restricting access, suspending an account, cancelling unauthorised activity or referring suspected unlawful conduct to the appropriate authority.
Where reasonably practicable, we will take account of the nature and seriousness of the issue before acting.
6. Customer accounts
A customer account may be required to place an order or use certain Website features.
When creating or using an account, you must:
provide accurate and reasonably current information;
keep your password and login information secure;
not knowingly allow another person to misuse your account; and
notify us promptly if you believe your account has been compromised.
You are responsible for activity undertaken through your account where that activity results from your failure to take reasonable steps to protect your login information.
We may suspend or close an account where we reasonably believe it:
has been used fraudulently or unlawfully;
presents a security risk;
has been used in serious or repeated breach of these Terms; or
must be restricted to comply with a legal obligation.
You may request the closure of your account. We may continue to retain information where reasonably required for legal compliance, accounting, fraud prevention, dispute resolution or recordkeeping.
7. Children and younger users
People of all ages may browse the Website.
A person under 18 years of age should use the Website, create an account or place an order with the involvement and consent of a parent or legal guardian.
Nothing in these Terms permits a person to purchase a product that they are not legally entitled to purchase.
8. Website and product information
We take reasonable care to keep information on the Website accurate and current. However, errors, omissions and delays may occasionally occur.
Product ranges, stock availability, prices and promotions may differ between:
individual Stores;
online and in-store channels;
Tucker Fresh websites; and
third-party marketplaces or delivery platforms.
Product photographs and illustrations are provided as a guide. A product’s colour, presentation, size, packaging, branding or labelling may differ from the image shown.
Manufacturers and suppliers may change product formulations, ingredients, packaging, nutritional information, allergen statements and labelling without prior notice to Tucker Fresh.
Before purchasing or consuming a product, you should read the information displayed on its physical packaging, particularly if you have:
an allergy or intolerance;
a dietary requirement;
a medical or nutritional concern; or
a requirement relating to ingredients, origin, certification or production methods.
Information on the Website is general information and is not medical, dietary or other professional advice.
Please contact us if you believe information displayed on the Website is incorrect.
9. Prices, promotions and availability
Prices are displayed in Australian dollars and include GST where applicable, unless otherwise stated.
Prices, promotions and stock availability may be specific to a particular Store, location, service or period.
A product shown on the Website may not be available from every Store or at all times.
Unless stated otherwise:
promotions apply during the advertised promotional period;
promotions may be subject to stock availability;
product limits or exclusions may apply; and
separate promotional terms may apply.
Online prices, substitutions, variable-weight products, order changes, payments, refunds and pricing errors will be addressed in the Online Shopping Terms and Conditions.
10. Intellectual property
The Website and its content are owned by, licensed to or used with permission by Goldcap, another Group Entity or the relevant rights holder.
Protected content may include:
the Tucker Fresh name, branding and logos;
the Tucker Chef name, branding and logos;
trademarks and design elements;
Website design and layout;
written content and product descriptions;
product and lifestyle photography;
video and audio material;
recipes and editorial content;
marketing campaigns and promotional artwork;
illustrations, icons and graphics;
downloadable documents and resources;
product information and data compilations; and
software and underlying Website technology.
You may view, temporarily download or print Website content for your personal and non-commercial use.
Except where permitted by law, you must not copy, alter, reproduce, republish, distribute, sell, license, commercially exploit or create derivative works from Website content without the prior written permission of the relevant rights holder.
Nothing in these Terms transfers ownership of intellectual property to you.
11. Automated collection and artificial intelligence
Without our prior written permission, you must not:
scrape, crawl, harvest or systematically extract information from the Website;
use bots, automated scripts or artificial intelligence agents to access the Website in a way that places an unreasonable load on our systems;
create a commercial database using Website content;
reproduce our product information, prices, images or content for commercial purposes; or
use Website content to train, test, validate or develop a commercial artificial intelligence or machine-learning system.
This section does not restrict activity that cannot lawfully be restricted. It also does not prevent ordinary indexing by recognised search engines conducted in accordance with our published technical settings.
12. Third-party websites and services
The Website may contain links to or integrations with services operated by third parties, including:
payment services;
online ordering systems;
delivery services;
maps;
social media services;
loyalty platforms;
analytics providers; and
other external websites.
A link or integration does not necessarily mean that Tucker Fresh endorses, controls or is affiliated with that third party.
Third-party services are governed by their own terms, privacy policies and practices.
To the extent permitted by law, Tucker Fresh is not responsible for:
the content or accuracy of a third-party website;
the availability or security of a third-party service;
a third party’s independent handling of personal information; or
products or services purchased directly from an unrelated third party.
Nothing in this section limits any responsibility that a Tucker Fresh Group Entity has under law for its own conduct.
13. Promotions, competitions and loyalty programs
Separate terms may apply to promotions, competitions, discounts, coupons, points offers, member offers and loyalty programs.
Those terms may specify matters such as:
eligibility requirements;
participating Stores;
promotional dates;
exclusions;
entry limits;
prize details;
redemption conditions; and
product or transaction requirements.
You should read the applicable terms before participating.
Where specific promotional, competition or loyalty terms conflict with these Terms, the specific terms will apply to the extent of the conflict.
14. Privacy
Goldcap centrally manages customer information on behalf of the Tucker Fresh Group.
We collect, use, disclose and protect personal information in accordance with our Privacy Policy and applicable privacy laws.
The Privacy Policy explains:
what personal information we collect;
how and why we collect it;
how it may be used or disclosed;
how it is protected;
how you may request access or correction; and
how you may submit a privacy complaint.
You should read the Privacy Policy before providing personal information through the Website.
15. Cookies and similar technologies
The Website may use cookies, pixels, tags, local storage and similar technologies.
These technologies may be used to:
provide essential Website functionality;
keep users signed in;
remember preferences;
protect accounts and reduce fraud;
understand how visitors use the Website;
measure and improve Website performance;
personalise content and offers; and
measure the effectiveness of marketing and advertising.
You may be able to manage cookies through your browser or device settings. Disabling cookies may affect Website functions or prevent certain features from operating correctly.
More information is available in our Privacy Policy and any cookie notice displayed on the Website.
16. Electronic communications
When you create an account, submit an enquiry, place an order or otherwise interact with the Website, we may communicate with you electronically about that interaction.
Operational communications may include:
account notices;
order confirmations;
collection and delivery updates;
password reset messages;
security alerts; and
responses to enquiries or complaints.
Marketing communications will be sent in accordance with applicable law and your communication preferences.
You may unsubscribe from marketing emails using the unsubscribe facility included in the message.
Unsubscribing from marketing emails will not prevent us from sending necessary operational or transactional communications.
17. Website availability and security
We aim to keep the Website reasonably secure, accurate and available. However, we do not guarantee uninterrupted or error-free access.
Access may be affected by:
maintenance and upgrades;
internet or telecommunications failures;
failures involving third-party services;
cybersecurity incidents;
unusually high demand;
events outside our reasonable control; or
changes required to maintain security or functionality.
We may modify, suspend or discontinue a Website feature where reasonably necessary.
Where a change materially affects an existing order or paid service, the applicable purchasing terms and your rights under Australian law will continue to apply.
You are responsible for maintaining appropriate security and up-to-date software on the device used to access the Website.
18. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or protection that cannot legally be excluded, restricted or modified, including rights under the Australian Consumer Law.
Consumer guarantees may apply when goods or services are supplied to you. These guarantees operate independently of any additional policy or remedy offered by Tucker Fresh.
Information about problems with online orders, including incorrect, damaged or unsuitable products, will be included in the Online Shopping Terms and Conditions.
19. Liability
To the maximum extent permitted by law, Goldcap will not be responsible for loss caused solely by:
your unlawful or unauthorised use of the Website;
your failure to take reasonable steps to protect your account;
your reliance on information after you knew or reasonably should have known that it was incorrect or outdated;
an independent act or omission of an unrelated third party; or
an interruption caused by circumstances outside Goldcap’s reasonable control.
This exclusion does not apply to the extent that loss was caused or contributed to by:
Goldcap’s negligence;
a breach of these Terms;
a breach of a consumer guarantee; or
other unlawful conduct by Goldcap.
Where liability may lawfully be limited, it will only be limited to the extent that is fair and reasonable in the circumstances.
Nothing in these Terms excludes liability for fraud, wilful misconduct or any liability that cannot lawfully be excluded.
20. Accessibility
Tucker Fresh is committed to making its digital services reasonably accessible.
If you experience difficulty accessing part of the Website or require information in an alternative format, please contact us. We will make reasonable efforts to assist.
21. Changes to these Terms
We may update these Terms to reflect changes to our services, operations, technology or legal obligations.
The current version will be published on the Website with its effective or “Last updated” date.
Changes apply from the date stated in the updated Terms. They will not retrospectively change a completed transaction unless required by law or agreed with you.
Your continued use of the Website after updated Terms take effect means the updated Terms will govern your subsequent use of the Website.
22. Severability
If part of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary.
If the provision cannot be read down, it will be removed and the remaining provisions will continue to operate.
23. No waiver
If we do not immediately enforce a right under these Terms, that does not mean we have waived that right.
A waiver is effective only when expressly given in writing.
24. Governing law
These Terms are governed by the laws of Western Australia.
You and Goldcap submit to the non-exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from them.
25. Contact us
Questions, concerns and accessibility requests relating to the Website or these Terms may be directed to:
Goldcap Pty Ltd trading as Tucker Fresh
Email: marketing@tuckerfresh.com.au
Website: www.tuckerfresh.com.au
For enquiries concerning a particular order, product or Store experience, please contact the relevant Store directly where possible.