WEBSITE TERMS AND CONDITIONS OF USE

1)  About the Website

a)    Welcome to https://gourmet-groceries.com.au (Website). The Website facilitates interactions between:

i)   parties providing goods and services (Provider); and

ii)  parties receiving goods and services (Receiver),

making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the goods and
services in a fast and secure manner (Services).

b)  The Website is operated by Gourmet Groceries (ACN ) (ABN 82 812 669 208). Access to and use of the Website, or any of its associated products or Services, is provided by Gourmet Groceries. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.

c)  Gourmet Groceries reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Gourmet Groceries updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2) Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Gourmet Groceries in the user interface.

3)   The Services

a)   In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (Account).

b)  As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

i)    Email address

ii)   Preferred username

iii)  Mailing address

iv)  Telephone number

v)   Password

c)  You warrant that any information you give to Gourmet Groceries in the course of completing the registration process will always be accurate, correct and up to date. Gourmet Groceries reserves the right to periodically verify user information and request updated information as needed.

d)  Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

e)   You may not use the Services and may not accept the Terms if:

i)   you are not of legal age to form a binding contract with Gourmet Groceries; or

ii)  you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

f)   Providers, where relevant, must submit and maintain current food safety certification documentation, including:

i)   Valid HACCP plan or certification

ii)  Food Business Registration Number

iii)  Evidence of compliance with local food safety regulations

4)   Your obligations as a Member

As a Member, you agree to comply with the following:

a)  you will not share your profile with any other person;

b)  you will use the Services only for purposesthat are permitted by:

i)   the Terms; and

ii)   any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

c)  you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password
by any other person may result in the immediate cancellation of the Services;

d)  any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Gourmet Groceries of any unauthorised use of your password or email address or any breach of security of which you have become aware;

e)  you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

f)   any content that you broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.

g)   you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);

h)  access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;

i)   you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Gourmet Groceries;

j)   you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

k)  you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Gourmet Groceries for any illegal or unauthorised use of the Website; and

l)   you acknowledge and agree that any automated use of the Website or its Services is prohibited.

m) you must maintain current and valid food safety certification as required by applicable state and federal regulations, provide proof of certification upon request by Gourmet Groceries, and immediately notify Gourmet Groceries of any lapse, suspension, or revocation of such certification.

5)   Using the Website as the Receiver

Receivers use the Website to search for products and services they wish to purchase, adding these to their shopping cart. Once satisfied with the items, the Receiver makes a payment through the secure checkout process.

6)  Using the Website as the Provider

A Provider registers an account on the Website and creates a store profile to which the Provider adds the products and services for Receivers to purchase. Once a Receiver makes a purchase, the Recevier dispatches the goods in a timely manner and provide delivery tracking details to the Receiver. Where the Receiver purchases a service from the Provider, the Provider shall provide that service in a timely manner.

7)  Payment

a)  By accessing and using the Services provided by Gourmet Groceries, you agree that all Fees for the Services are charged according to the relevant Plan to which
the Provider is subscribed. The specific fees, payment schedule, and billing terms applicable to each Plan are presented at the time of subscription and are
subject to change upon notice from Gourmet Groceries.

b)  All payments related to your use of the Services are processed through Stripe. By using the Website, accessing the Services, or making any payment for the
Services, you confirm that you have read, understood, and agree to abide by Stripe’s Terms and Conditions, which are available on Stripe’s official
website.

c)  Gourmet Groceries relies on Stripe to handle all transactions securely and does not store payment details directly. It is your responsibility to ensure that
payment information provided is accurate and up to date to facilitate uninterrupted access to the Services.

8)  Refund Policy

a)    Acknowledgment of Australian Consumer Law

The Website operates in compliance with the Australian Consumer Law (ACL), which grants consumers certain rights in respect to goods and services, including
entitlements to refunds, repairs, or replacements where goods or services fail to meet acceptable quality standards or otherwise breach consumer guarantees.

b)   Circumstances for Refunds

Refunds may be facilitated by the Website under specific circumstances as required by the ACL, including but not limited to situations where:

i)   Goods or services supplied do not meet the standards of acceptable quality, are unfit for the intended purpose, or do not match the description provided.

ii)  The consumer experiences a major failure or significant issue as defined under ACL provisions.

iii)  Other conditions as mandated by the ACL that necessitate a refund, repair, or replacement.

c)   Exclusions and Limitations

To the fullest extent permitted by law, the platform disclaims liability for any claims, losses, damages, or expenses arising from:

i)   Situations where a refund, replacement, or repair is not mandated under the ACL.

ii)  Change of mind or circumstances that fall outside the obligations specified under the ACL.

iii)  Conditions where the consumer has been advised of alternative remedies or limitations, provided these do not contravene any rights under the ACL.

9)    Website’s Role in Refunds

The Website may, at its discretion, facilitate refunds or remedies to align with customer service standards. Such assistance is provided in addition to, and not as a replacement for, any ACL-mandated obligations. Any facilitated refunds are subject to the platform’s policies unless overridden by ACL obligations.

10) Consumer Rights and Contact Information

Nothing in this disclaimer intends to restrict, exclude, or modify any rights consumers are entitled to under the ACL. If consumers believe they are entitled to a remedy under the ACL, they are encouraged to contact our support team for assistance in assessing the eligibility for refunds, repairs, or replacements. 

11) Refunds

a)   All Providers agree to comply with the Australian Consumer Law. Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.

b)  Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Gourmet Groceries requires the Receiver to complete the refund request within fourteen (14) days of receipt, outlining the reasons as to why a refund is required.

c)  If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately guide the Receiver to the Refund Request section of the Website.

d)  If the Provider agrees to a refund it is acknowledged that the Provider will instruct Gourmet Groceries to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Gourmet Groceries in processing the refund.

e)  Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this clause of these Terms.

f)  Providers must maintain current and valid food safety certification as required by applicable state and territory food safety regulations. Failure to maintain valid certification may result in immediate suspension of Services and automatic approval of refund requests from affected Receivers.

12) Copyright and Intellectual Property

a)  The Website, the Services and all of the related products of Gourmet Groceries are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not
limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Gourmet Groceries or its contributors.

b)   All trademarks, service marks and trade names are owned, registered and/or licensed by Gourmet Groceries, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

i)   use the Website pursuant to the Terms;

ii)   copy and store the Website and the material contained in the Website in your device’s cache memory; and

iii)  print pages from the Website for your own personal and non-commercial use.

c)  Gourmet Groceries does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Gourmet Groceries.

d)  Gourmet Groceries retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

i)   business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

ii)  a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or iii)  a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

e)  You may not, without the prior written permission of Gourmet Groceries and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.
This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

f)   Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Gourmet Groceries a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your
Content.

13) Privacy Disclaimer

Gourmet Groceries values your privacy and is committed to protecting any personal information collected through your use of our Website and Services. All personal data provided, including but not limited to name, contact information, and payment details, is managed in accordance with our Privacy Policy.

Our Privacy Policy outlines:

a)  Data Sharing and Disclosure: Circumstances where data may be shared with third parties, including compliance with legal obligations.

b)  Security Measures: Steps we take to protect your data and ensure its confidentiality.

c)  By using our Website and Services, you acknowledge and agree that any information you provide will be handled as described in our Privacy Policy, which is available on our Website. We encourage you to review it to understand your rights and our practices.

14) General Disclaimer

a)  Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

b)  Subject to this clause, and to the extent permitted by law:

i)    all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

ii)  Gourmet Groceries will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

c)   Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Gourmet Groceries make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Gourmet Groceries) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

i)   failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other
harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to
records;

ii)   the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party
material and advertisements on the Website);

iii)  costs incurred as a result of you using the Website, the Services or any of the products of Gourmet Groceries; and

iv)   the Services or operation in respect to links which are provided for your convenience.

d)   You acknowledge that Gourmet Groceries Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Gourmet Groceries holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

e)  You acknowledge that Providers must maintain current and valid food safety certifications as required by applicable Australian food safety regulations, and Gourmet Groceries reserves the right to suspend or terminate any Provider’s access to the Services for non-compliance with food safety requirements or failure to provide proof of current
certification upon request.

15) Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then
you are a competitor of Gourmet Groceries. Competitors are not permitted to use or access any information or content on our Application. If you breach this
provision, Gourmet Groceries will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make
from such a breach.

16) Limitation of Liability

a)  Gourmet Groceries total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

b)  You expressly understand and agree that Gourmet Groceries, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is
not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

c)  You acknowledge and agree that Gourmet Groceries holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

17) Termination of Contract

a)  If you want to terminate the Terms, you may do so by providing Gourmet Groceries with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Gourmet Groceries via the ‘Contact Us’ link on our homepage.

b)   Gourmet Groceries may at any time, terminate the Terms with you if:

i)    you have breached any provision of the Terms or intend to breach any provision;

ii)  Gourmet Groceries is required to do so by law;

iii)  Gourmet Groceries is transitioning to no longer providing the Services to Members in
the country in which you are resident or from which you use the service; or

iv)  the provision of the Services to you by Gourmet Groceries is, in the opinion of
Gourmet Groceries, no longer commercially viable.

c)  Subject to local applicable laws, Gourmet Groceries reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Gourmet Groceries’s name or reputation or violates the rights of those of another party.

d)  When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Gourmet Groceries have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

18) Indemnity

a)   You agree to indemnify Gourmet Groceries, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

i)    all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising
out of or in connection with Your Content;

ii)   any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

iii)  any breach of the Terms.

19) Dispute Resolution

a)   Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

b)   Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

c)  Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

i)   Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

ii)   If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the Australian Mediation Association and the Resolution Institute.;

iii)  The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

iv)   The mediation will be held in Melbourne, Australia.

d)  Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

e)   Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

20) Venue and Jurisdiction

The Services offered by Gourmet Groceries are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

21) Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of
law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

22) Severance

If any part of these Terms is found to be voidor unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.