Before You register for Your OrganicFood.com.au Account and can use the OrganicFood.com.au Website, You must read and agree to this Agreement and the Privacy Statement (together, the “Agreement").
The Agreement sets out the terms on which OrganicFood.com.au ("We", "Us" or "Our") agree to provide the Service to You and conditions under which You may purchase Goods. We can change the Agreement at any time. We will give You notice of any change by posting the changes at http://www.organicfood.com.au.
By registering for Your OrganicFood.com.au Account or using the Service, You accept and agree to abide by the Agreement. If You do not agree, You must not use the Service.
1. Definitions and interpretation
1.1 Definitions In this Agreement the following expressions have the following meanings:
Account Details means the details You provided to register for the Service.
Brand Features means the copyright, trade marks, domain names, patents and confidential information of OrganicFood.com.au.
Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday in Sydney, New South Wales.
Cancellation Fee means a $10 fee.
Delivery Address is the address You nominate the Goods to be delivered to as stated on the Order. The Delivery Address must be a suburb where OrganicFood.com.au delivers - please see the Website for delivery suburbs. Orders for delivery to addresses in suburbs that OrganicFood.com.au does not deliver to will not be processed. If OrganicFood.com.au stops delivering to Your nominated Delivery Address, You will be notified and Your Order will not be processed. As part of Your Delivery Address, You may nominate Your Order to be placed at the front door, or other place freely accessible by the delivery driver.
Delivery Fee means the $8.50 fee payable per Order to OrganicFood.com.au for delivery of the Order and costs associated with handling and processing Your Order.
Fee means the cost of Your Order.
Goods means the Goods described in an Order.
Order means the order by You to purchase Goods through the Service from time to time.
Order Deadline means the delivery deadlines, times and days available at: http://www.organicfood.com.au/Content_Common/pg-Delivery.seo
Products means the list of products displayed on the Service on the OrganicFood.com.au Website.
Privacy Statement means the privacy statement located at the Website.
Service means the advertisement for sale and purchase of Products on the Website.
Website means the Website located at http://www.organicfood.com.au
You are the person named in Your Account Details.
Your Account means Your registered Account with Us.
(a) A reference to a person includes any other entity recognised by law and vice versa.
(b) Headings, underlining, marginal notes and indexes are only included for ease of reference and do not affect interpretation.
(c) A reference to any legislation or legislative provision includes any modifying, consolidating or replacing legislation or legislative provisions from time to time, and includes all regulations, rules and other statutory instruments issued under the legislation.
(d) A reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time.
(e) References to parties, clauses, schedules, annexures or exhibits are references to parties, clauses, schedules, annexures or exhibits to this Agreement unless otherwise stated.
(f) References to months and years mean calendar months and years.
(g) Words denoting the singular number include the plural, and vice versa.
(h) Where any word or phrase is given a defined meaning any other grammatical form of that word or phrase has a corresponding meaning.
(i) No rule of construction or interpretation applies to the disadvantage of a party because that party prepared this Agreement.
1.3 Severing any void term If any part of this Agreement is void or unenforceable in any jurisdiction, then for the purposes of that jurisdiction if possible, that part is to be read down so as to be valid and enforceable. If this is not possible, and that part does not go to the essence of this Agreement, that part will be severed from this Agreement and the rest of this Agreement continues to have full force and effect so as to give effect to the intention of the parties.
2.1 We agree to provide the Service to You from the date You accept the Agreement, complete the Account Details and registration process.
2.2 As part of the registration process, You will be asked to create a user profile with Your personal preferences and likes and dislikes of Products.
2.3 You may place an Order with Us by selecting Products and pressing the "Checkout" button. Orders are deemed to be received by Us at the time of successful transmission of the Order. You will receive an automatic email confirming We have received Your Order.
2.4 We accept an Order when the Order is received and not rejected within 2 Business Days.
2.5 We will not confirm a delivery day, time or date.
2.6 We reserve the right to refuse to deliver to You.
2.7 Each Order is a separate agreement between You and Us.
2.8 The minimum amount for any Order is $40 ($48.50 including the Delivery Fee).
2.9 Customised orders: If Goods in Your Order are out of stock or bad quality, We may contact you to let you know, and inform you about possible available substitute Products. We will use Our best endeavours to ensure that all Goods Ordered by You (and any agreed substitutes) are supplied to You.
2.10 Mixed box orders: Our fresh produce mixed boxes are designed to provide a range of available seasonal produce. If we communicate the planned contents of a box (e.g in a newsletter, email or on our website), the precise contents of the box are subject to change, based on market availability, quality consderations or any other factor. When you register for our Service you will be asked to provide a list of any products which you do not wish to receive in your mixed box.
2.11 Goods in Your Order are charged at the purchase price applicable at the time You submit Your Order and as shown on the Order confirmation, except:
(a) if We are unable to deliver a Good to You, including if a Good is out of stock (in which case You will not be charged for that Good); and
(b) if You have given directions that You will accept a substitute Good, You will be supplied with the substitute Good at an equivalent Weight to the cost of the original Good (unless you specifically instruct us otherwise).
2.12 We reserve the right to change the price or Weight of Goods if such Goods are in short supply, or there is a significant cost difference of the Good between You placing the Order and when We purchase the Product from Our suppliers.
2.13 If You cancel an Order after the Order Deadline, You may be required to pay the Cancellation Fee to Us.
2.14 We will deliver the Order to You at the Delivery Address on the day nominated in the Order Deadline at a time of our discretion. If You will not be at the Delivery Address at the time of Delivery, We recommend You review out FAQ on how to best deal with where We place the Delivery and cold food Goods. If You request a specific delivery time on your delivery day, We will use reasonable endeavours to meet your request, but do not guarantee We will be able to do so.
2.15 Pictures of Products on the Service will differ from the Goods supplied in Your Order. We do not warrant the accuracy of pictures on Website or the information on a Product's label.
2.16 We do not warrant the accuracy of information on the Website prepared and/or provided by a third party supplier. You should make Your own enquiries regarding the health benefits of organic Products. The information provided on the Website is not a substitute for proper medical advice.
2.17 You may make a claim for a replacement Good or credit ("Credit") when:
(a) an item Ordered by You has not been delivered; or
(b) You are not satisfied with the quality of some or all of the Goods in Your Order. To make a claim, please call Us on (02) 8097-9978 or 03-9078-3232 within 24 hours of the date of delivery, or the scheduled date of delivery as the case may be. Our representative will contact You and assess Your claim. You may be required to provide the Good for inspection. You may return Goods that You do not accept with the delivery driver.
2.18 You may cancel Your use of the Service or terminate this Agreement without cause at any time by providing written notice to Us (through Contact Us) on the Website. However, a terminated Account may continue to exist for up to two business days before the cancellation takes effect.
2.19 We may at any time and for any reason, by notice to You by email, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. On termination, Your Account will be disabled, You will have no access to and no right to use the Service, and You will not be granted access to Your Account, or any files, or other information contained in Your Account although residual copies of information may remain in Our system.
2.20 You acknowledge that We assume no liability and makes no representations impliedly or expressly to assume or contribute in any form towards any costs You may incur through Your use of the Service.
2.21 Risk in the Order passes to You on delivery of the Order to the Delivery Address. Title in the Order passes to You on payment of the Order.
2.22 We reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following:
(a) satisfy any applicable law, regulation, legal process or governmental request;
(b) enforce this Agreement, including investigation of breaches or potential breaches of it;
(c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limita tion, the filtering of spam);
(d) respond to user support requests; and
(e) protect the rights, property or safety of Us, Our users and the public.
3. Your obligations
3.1 You must:
(a) ensure that You comply with this Agreement;
(b) promptly notify Us if You believe or suspect that the Service or Your Account has been compromised;
(c) regularly check the email address provided to Us on registration for messages about the Service or Your Order (or, if You have arranged for emails to be forwarded to an alternate email address, You must check that alternate email address);
(d) provide current, accurate identification, contact, and other information that may be required as part of the registration process or continued use of the Service via Your user profile;
(e) agree to continually indemnify and hold harmless Us (including its officers, employees, contractors and agents) from any loss (including any liability, cost, expense, claim, proceeding, action, demand or damage) suffered or incurred by Us in connection with the delivery of the Order beyond Your front door if You request We deliver the Order other than to Your front door (for example, at Your back door);
(f) ensure the security of Your use of the Service as outlined in the Schedule; and
(g) maintain the confidentiality of Your Account and Account password and accept full responsibility for all activities that occur with Your Account. Where the current Account details (including mobile phone number or other mobile verification) or password are provided, We are entitled to assume that the access is by You, or authorised by You, and You indemnify Us completely against any claim of loss or damage that results from wrongful, fraudulent or other access (using the correct Account details or password) to Your Account.
3.2 You must not do, and You must not authorise or encourage any third party to do, any of the following:
(a) prevent other account holders from using the Service;
(b) use the Service for any illegal, fraudulent or inappropriate purpose;
(c) use the Service in any other way that violates any of the items as described in the list of ‘Prohibited Actions’ outlined in the Schedule;
(d) interfere with or construct Your own system to access the information on the Service; or (e) act in any way that violates this Agreement.
3.3 You acknowledge and agree to each of the following:
(a) the nature of organic Products and organic fresh fruit and vegetables generally means that Our ability to deliver Your Order is restricted by the nature of the market and availability;
(b) We can not guarantee a delivery time for Your Order;
(c) any person at the Delivery Address who receives the Order will be presumed by Us to be authorised to receive the Order;
(d) the Service is only provided to You for so long as You continue to have a current and valid Account;
(e) the Service may be subject to technical limitations;
(f) the Service may include user-targeted, content-targeted advertisements and/or non targeted advertisements or other related information, as described in the Privacy Statement;
(g) the Service is provided on an AS IS and AS AVAILABLE basis and We make no warranties or guarantees in respect of uptime for the Service;
(h) due to the nature of the Service, We do not promise that it will be continuous, accessible at all times or fault-free; and
(i) We reserve the right to modify, suspend or discontinue any part of the Service with or without notice at any time and without any liability to You.
4. Intellectual Property Rights.
You acknowledge that We own all right, title and interest in and to the Service, including without limitation all intellectual property rights (Our Rights), and Our Rights are protected by intellectual property laws. Accordingly, You must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Service. You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the Service. Our Rights include rights to the Service developed and provided by Us, all software associated with the Service and the Brand Features. Our Rights do not include third-party content used as part of Service, including the content of third party advertisements or communications appearing on the Service.
As a condition to using the Service, You agree to the terms of the Privacy Statement issued or updated during the term of this Agreement.
6.1 You will be asked to provide Your credit card on the Website each time You place an Order.
6.2 We accept payment by Visa or MasterCard.
6.3 1-2 Business Days after delivery of Your Order, We will debit Your credit card for the final cost of the Order, being the Fee for Your Order, any Delivery Fees and any applicable Cancellation Fee less any Credits.
6.4 You agree to pay any amounts due to Us set out in the invoice and under this Agreement.
7.1 For the purpose of clause 7:
(a) GST means GST within the meaning of the GST Act;
(b) GST Act means “A New Tax System (Goods and Services) Act 1999” (as amended); and
(c) Expressions set out in italics in this clause 7 bear the same meaning as those expressions in the GST Act.
7.2 To the extent that We make a taxable supply in connection with this Agreement, except where express agreement is made to the contrary and subject to clause 7, the consideration payable by You under this Agreement represents the value of the taxable supply for which the payment is to be made.
7.3 Subject to clause 7.4 if We make a taxable supply in connection with this Agreement for a consideration which, under clause 7.1, represents its value, then You must also pay, at the same time and the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
7.4 The recovery of consideration for any taxable supply made under this Agreement is subject to Us issuing to You a tax invoice in respect of that supply.
8. Warranties and indemnity
8.1 You warrant to the best of Your knowledge that the materials and information provided to Us the purposes of providing the Services and an Order:
(a) are true, correct and current;
(b) are able to be disclosed by You;
(c) do not infringe the rights of any third party;
(d) are able to be legally provided to Us and its disclosure does not breach any law or any obligation (whether of confidence or otherwise) owed to any person; and
(e) You have all necessary right, power and authority to enter into the Agreement and to perform the acts required of You under the Agreement.
8.2 You acknowledge that You have not relied upon or been induced by any representation by Us and We make no warranty or representation as to:
(a) the results that may be obtained through the Service;
(b) the accuracy, reliability or otherwise of any information obtained through the Service;
(c) the Service or delivery network being uninterrupted, timely or error free; or
(d) whether Your use of the Service is legal.
8.3 We cannot guarantee a delivery time for Your Order.
8.4 You indemnify and keep indemnified Us and Our officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon Your use of the Service and any breach of any warranty or other term of this Agreement.
9. Limitation of Liability
9.1 To the extent permissible by law We exclude any liability:
(a) for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation; or
(b) for any injury, loss or damage arising out of provision of the Services, provided that We do not exclude any such liability if it arises as a result of Our failure to take reasonable steps to guard against and use its best endeavours to immediately rectify any of the matters referred to in this clause 9.1 of which We are aware.
9.2 To the fullest extent permissible at law, We are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the provision of or failure to provide the Service, an Order or otherwise arising out of the Service or an Order, whether based on contract, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.
9.3 You expressly agree that use of the Services and placing an Order is at Your own risk. To the extent allowed by law, Our liability for breach of a term implied into this Agreement by any law is excluded.
9.4 We give no warranty in relation to the Service or Order provided or supplied. Under no circumstances are We or any of Our carriers or suppliers liable or responsible in any way to You or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Service or an Order including its form, content and timeliness of delivery, including, without limitation, for and in relation to any of the following:
(a) any Service or Order supplied to You;
(b) any delay in supply of the Service or Order;
(c) any failure to supply the Service or Order;
(d) any technical or non-technical failure; or
(e) any content or information accessed via the Service with or without Your authorisation.
9.5 The Australian Trade Practices Act 1974 implies certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, Our liability (if any) arising from the breach of those conditions and warranties is limited, in Our sole discretion, to:
(a) if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and
(b) if the condition relates to deliveries, the supplying of the deliveries again or the payment of the cost of having the deliveries supplied again.
A failure or delay by Us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future exercise or the exercise of any other power or right.
11.1 A notice or other communication connected with this Agreement (Notice) has no legal effect unless in writing.
11.2 In addition to any other method of service provided by law, the Notice may be:
(a) sent by prepaid ordinary mail to the address for services of the addressee in the Account Details, if the address is in Australia and the Notice is sent from within Australia;
(b) sent by prepaid airmail to the address for service of the addressee in the Account Details, if the address is outside Australia or if the Notice is sent from outside Australia;
(c) sent by email to the address stated in the Account Details;
(d) sent by facsimile to the facsimile number of the addressee in the Account Details;
(e) delivered to the address for service of the addressee in the Account Details; or
(f) posted at the Website.
11.3 If the Notice is sent or delivered in a manner provided by clause 11.2 it must be treated as given to and received by the party to which it is addressed:
(a) if mailed from within Australia to an address in Australia, on the 2nd Business Day (at the address to which it is mailed) after mailing;
(b) if mailed to an address outside Australia or mailed from outside Australia, on the 5th Business Day (at the address to which it is mailed) after mailing;
(c) if sent by email before 5.00pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt;
(d) if sent by facsimile before 5.00pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or
(e) if otherwise delivered before 5.00pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.
11.4 Despite clause 11.3
(a) a facsimile is not treated as given or received unless at the end of the transmission the sender’s facsimile machine issues a report confirming the transmission of the number of pages in the Notice; and
(b) a facsimile is not treated as given or received if it is not received in full and in legible form and the addressee notifies the sender of that fact within 3 hours after the transmission ends or by 12 noon on the Business Day on which it would otherwise be treated as given and received, whichever is later.
11.5 If a Notice is served by a method which is provided by law but is not provided by clause 11.2, and the service takes place after 5.00pm on a Business Day, or on a day that is not a Business Day, it must be treated as taking place on the next Business Day.
11.6 A Notice sent or delivered in a manner provided by clause 11.2 must be treated as validly given to and received by the party to which it is addressed even if:
(a) the addressee has been liquidated or deregistered or is absent from the place at which the Notice is delivered or to which it is sent; or
(b) the Notice is returned unclaimed.
11.7 A party may change its address for service or facsimile number by giving Notice of that change to each other party.
12. Dispute Resolution
All questions or disputes relating to the Service including this Agreement or Order should be submitted to Us in writing. We will endeavour to resolve any disputes expeditiously. All interpretations of this Agreement will be at Our sole discretion.
13. Governing Law
The law in New South Wales governs this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Prohibited Acts In addition to those acts listed in the terms, the following acts are prohibited in using or in connection with the Service:- ·
Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content. ·
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature. ·
Impersonate another person (via the use of an email address or Account) or otherwise misrepresent Yourself or the source of any email or communication. ·
Use the Website to violate the legal rights (such as rights of privacy and publicity) of others. · Promote, encourage or participate in illegal or unlawful activity. ·
Interfere without cause in the reasonable enjoyment by other users of the Service. ·
Create multiple user accounts, create user accounts by automated means or otherwise engage in false, fraudulent, deceptive or misleading conduct in respect of user identity. ·
Sell, trade, resell, transfer or otherwise attempt to dispose of a Your Account, or otherwise exploit any content on the Service for any unauthorised commercial purpose. ·
Modify, adapt, translate, or reverse engineer any portion of the Service. ·
Remove any copyright, trade mark or other proprietary rights notices contained in or on the Service. ·
Reformat or frame any portion of any Web page that is part of the Service. ·
Create third party software without the permission of OrganicFood.com.au. ·
Misrepresent Us or the Service as being associated with content with another Website, Web service, software service, software or other service without Our prior permission. Security ·
You must promptly notify Us of any actual or suspected breach of security related to the Services, including, but not limited to, unauthorised use of Your password or Your Account. ·
You are responsible for the security of Your password, login or access details or other security measures. You are responsible for all electronic communications and other information entered through or under user IDs, passwords, access numbers or account numbers. You must not disclose any security measures to any other person and must keep those details confidential. ·
To help ensure the security of Your password or Account, please sign out from Your Account at the end of each session