and conditions

 

 

Terms

 

 

WEBSITE TERMS AND CONDITIONS

 

In these terms and conditions, “we” “us” and “our” refers to Food Online Australia.  Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions.  

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Members

  1. In order to access the services provided on this website, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

  2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

  3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.  

  4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

 

Our Website Services

5.    Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through

       our website, you acknowledge that you are over 18 years of age. 

6.    All prices are in Australian Dollars (AUD) and are inclusive of GST.  We endeavour to ensure that our price

       list is current.  Our price list can be accessed from our home page and we reserve the right to amend our

       prices at any time.  If you have placed an order, we reserve the right to cancel your order should our prices

       change. 

 

Site Access

7.    When you visit our website, we give you a limited licence to access and use our information for personal use. 

8.    You are permitted to download a copy of the information on this website to your computer for your personal

       use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary

       notice.  Your use of our content in any other way infringes our intellectual property rights.

9.    Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish,

       distribute or display any of the information on this website without our prior written permission.

10.  The licence to access and use the information on our website does not include the right to use any data

       mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our

       website without our prior written permission. We reserve the right to serve you with notice if we become

       aware of your metatag or mirroring of our website.

 

Hyperlinks

11.   This website may from time to time contain hyperlinks to other websites.  Such links are provided for

       convenience only and we take no responsibility for the content and maintenance of or privacy compliance

       by any linked website.  Any hyperlink on our website to another website does not imply our endorsement,

       support, or sponsorship of the operator of that website nor of the information and/or products which they

       provide.

12.   You may link our website without our consent.  Any such linking will be entirely your responsibility and at

       your expense.  By linking, you must not alter any of our website's contents including any intellectual

       property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 

Intellectual Property Rights

13.   The copyright to all content on this website including applets, graphics, images, layouts and text belongs to

       us or we have a licence to use those materials.

14.   All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on

       this website are either owned by us or we have a licence to use them. Your access to our website does not

       license you to use those marks in any commercial way without our prior written permission.

15.   Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this

      website becomes our property.  If in future we use your Comments in promoting our website or in any other

      way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that

      we are entitled to use your Comments for any commercial or non-commercial purpose without

      compensation to you or to any other person who has transmitted your Comments. 

16.  If you provide us with Comments, you acknowledge that you are responsible for the content of such material

      including its legality, originality and copyright. 

 

Disclaimers

17.   Whilst we take all due care in providing our services, we do not provide any warranty either express or

       implied including without limitation warranties of merchantability or fitness for a particular purpose. 

18.   To the extent permitted by law, any condition or warranty which would otherwise be implied into these

       terms and conditions is excluded.  

19.   We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or

       malware, however we are not responsible for any damage to your computer system which arises in

       connection with your use of our website or any linked website.

20.  From time to time we may host third party content on our website such as advertisements and

       endorsements belonging to other traders.  Responsibility for the content of such material rests with the

      owners of that material and we are not responsible for any errors or omissions in such material. 

 

Statutory Guarantees and Warranties to Consumers 

21.  Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act

      we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you

      statutory guarantees.  Attached to the Standard Terms and Conditions are:-​

      a.    Schedule 2 of the C&C Act; and

      b.    those statutory guarantees, all of which are given by us to you if you are a consumer.

22.  If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give

       you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

      a.    We will repair or replace the goods or any part of them that is defective; or

      b.    Provide again or rectify any services or part of them that are defective; or

      c.    Wholly or partly recompense you if they are defective.

23.  As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section

      103 of the C&C Act.  In that regard:-

      a.    If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are

             providing relate to the repair of consumer goods then we will give you any notice which we are obliged to

             give you under Schedule 2 section 103 of the C&C Act.

      b.    If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that

             the repair of those goods may result in the loss of the data.  

      c.    If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your

            defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented

            by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired.

            We also give you notice that we may use in the repair of your goods, refurbished parts.

 

Limitation of Liability

24.  If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. 

      If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any

      way limit our liability or your rights.  If you are not a consumer:- 

      a.    To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited

             to the supply of the services again or payment of the costs of having those services supplied again. 

      b.    We accept no liability for any loss whatsoever including consequential loss suffered by you arising from

             services we have supplied. 

      c.    We do not accept liability for anything contained in the post of a user or in any form of communication

             which originates with a user and not with Us.

      d.    We do not participate in any way in the transactions between our users.

 

Indemnity

25.  By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages,

       costs and expenses including legal fees arising from or in connection with your use of our website.  

 

Jurisdiction

26.  These terms and conditions are to be governed by and construed in accordance with the laws of Western

      Australia and any claim made by either party against the other which in any way arises out of these terms

      and conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.

27.  If any provision in these terms and conditions is invalid under any law the provision will be limited,

      narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve

      such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the

     remaining provisions will remain in full force and effect.

 

Privacy 

28.  We undertake to take all due care with any information which you may provide to us when accessing our

      website. However we do not warrant and cannot ensure the security of any information which you may

      provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take

      reasonable steps to preserve such information in a secure manner.

29.  Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from

      our home page. 

 

These Terms and Conditions have been specifically drafted for, and provided to Food Online Australia by LawLive Pty Ltd (www.lawlive.com.au).

 

 

 

 

 

 

 
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