Terms of use
Terms of Use – Welcome to The Food Lovers Marketplace. We are so happy to have you as part of our community. Settle in and enjoy all the delicious food available in your area, but please do follow our house rules.
1.) Accepting these terms
This policy and other policies that we reference below make up our Terms of Use. The Terms are a legally binding contract between
you and The Food Lovers Marketplace.
The Terms of Use sets out your rights and responsibilities when you use The Food Lovers Marketplace, and the other services provided by The Food Lovers Marketplace (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on!
2.) Other policies
The Food Lovers Marketplace connects people from around Australia, so they can discover and purchase food products online, in their local area. Depending on the services you are using, there are more specific guides to outline your rights and obligations.
Our Terms of Use policies for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.
Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.
Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone.
3.) Your privacy
We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.
Both The Food Lovers Marketplace and sellers process members’ personal information (for example, buyer name, email address, phone number and delivery address). If a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not The Food Lovers Marketplace, will be responsible for that unauthorised disclosure.
If, however, The Food Lovers Marketplace and sellers are found to be joint data controllers of buyers’ personal information, and if The Food Lovers Marketplace is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify The Food Lovers Marketplace for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to The Food Lovers Marketplace.
4.) Your account with The Food Lovers Marketplace
You’ll need to create an account with The Food Lovers Marketplace to use some of our Services. Here are a few rules about accounts with The Food Lovers Marketplace:
- You must be 18 years or older to use our Services.
- Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
- Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
- You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms of Use on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
- The Terms of Use don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and The Food Lovers Marketplace.
This detailed tutorial should answer any questions you may have about registering an account with The Food Lovers Marketplace.
5.) Your content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
- Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- Permission to Use Your Content. By posting Your Content through our Services, you grant The Food Lovers Marketplace a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help The Food Lovers Marketplace function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree The Food Lovers Marketplace may offer you or The Food Lovers Marketplace buyers promotions on the Site, from time to time, that may relate to your listings
- Rights You Grant The Food Lovers Marketplace. (Here’s the legalese version of the last section). By posting Your Content, you grant The Food Lovers Marketplace a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote The Food Lovers Marketplace, your Marketplace shop, or the Services in general, in any formats and through any channels, including across any of The Food Lovers Marketplace Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
- Reporting Unauthorised Content. The Food Lovers Marketplace has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
- Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on The Food Lovers Marketplace Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6.) Your use of our services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
- Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state and federal laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your category of food/beverage items. You may not sell anything that violates any laws; and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against The Food Lovers Marketplace, another user, or a third party.
- Pay Your Bills. You are responsible for paying all outstanding bills that you owe to The Food Lovers Marketplace.
- Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to The Food Lovers Marketplace (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Talk to Us Online. From time to time, The Food Lovers Marketplace will provide you with certain legal information in writing. By using our Services, you’re agreeing that receiving your electronic agreement is the same as your signature on paper.
7.) Termination
Termination By You.
We’d hate to see you go, but you may terminate your account with The Food Lovers Marketplace at any time by sending us an email on help@thefoodloversmarket.com.au. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You’ll still have to pay any outstanding bills you may have.
Termination By The Food Lovers Marketplace.
We may terminate or suspend your account (and any accounts The Food Lovers Marketplace determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites. Generally, The Food Lovers Marketplace will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or The Food Lovers Marketplace terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services.
The Food Lovers Marketplace reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in The Food Lovers Marketplace’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8.) Limitation of liability
Items You Purchase.
You understand that The Food Lovers Marketplace does not manufacture, store, or inspect any of the items sold through our Services. We provide the platform; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so The Food Lovers Marketplace can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release The Food Lovers Marketplace from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access.
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. The Food Lovers Marketplace is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This tutorial may be helpful if you have a face-to-face pick-up organised.
Third-Party Services.
Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. The Food Lovers Marketplace is not a party to those agreements; they are solely between you and the third party.
Gift Cards and Promotions.
You acknowledge that The Food Lovers Marketplace does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties.
The Food Lovers Marketplace is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk.
Liability limits.
To the fullest extent permitted by law, neither The Food Lovers Marketplace, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall The Food Lovers Marketplace aggregate liability for any damages exceed the greater of one hundred ($100) Australian dollars (AUD) or the amount you paid The Food Lovers Marketplace in the past twelve months.
9.) Indemnification
If The Food Lovers Marketplace get sued because of something you did, you agree to defend and indemnify us. That means you’ll defend The Food Lovers Marketplace (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10.) Disputes with others
If you find yourself in a dispute with another user of The Food Lover Marketplace Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Dispute Resolution System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites may participate in our case system. You can find details about the case system in this tutorial. The Food Lovers Marketplace will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. The Food Lovers Marketplace has no obligation to resolve any disputes.
Release of The Food Lovers Marketplace. You release The Food Lovers Marketplace from any claims, demands, and damages arising out of disputes with other users or parties.
11.) Disputes with The Food Lovers Marketplace
If you are upset with us, let us know, and hopefully we can resolve your issue. But if we cannot, then these rules will govern any legal dispute involving our Services:
A. Governing Law.
The Terms are governed by the laws of the State of Queensland, without regard to its conflict of laws rules, and the laws of Australia. These laws will apply no matter where in the world you live, but if you live outside of Australia, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. The relevant governing law is the Competition and Consumer Act 2010.
B. Mediation.
You and The Food Lover’s Marketplace agree that in the instance of any dispute or claim arising from or relating to the Terms, the parties should the parties should first try to resolve the dispute through the complaint’s procedure published here. Should the dispute not be one that is resolved as above, the parties subsequently agree to engage in the necessary mediation in order to resolve the relevant disputes in an amicable manner, unless otherwise required by law. A third-party Mediator may be enlisted should the parties not reach an agreement in prior attempts to resolve the relevant disputes. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation.
For non-Australian/overseas sellers, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute through the complaint’s procedure published here. Should the dispute not be one that is resolved as above, the parties subsequently agree to engage in the necessary arbitration/mediation in order to resolve the relevant disputes in an amicable manner, unless otherwise required by law. A third-party Mediator may be enlisted should the parties not reach an agreement in prior attempts to resolve the relevant disputes. The Parties agree to enter mediation to settle a good faith dispute. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation.
Any mediation under the Terms will take place on an individual basis. Each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief should the relevant dispute not be resolved at a mediation. You may instead assert your claim in “small claims” court (i.e. Queensland Civil Appeals Tribunal (QCAT) in Queensland), but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Mediation and claims in court.
Payment for any and all reasonable filing, administrative and other court fees will be covered by the parties individually. The cost of a Mediator will be split between the parties.
D. Forum.
We’re based in Queensland, so any legal action against The Food Lover’s Marketplace, related to our Services must be filed and take place in Queensland. Any mediation or court hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to mediation, you and The Food Lover’s Marketplace agree to submit to the personal jurisdiction of a State or Federal court located in Queensland.
E. Government Exception.
If you are a government agent or entity in the Australia using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of Australia (without reference to conflict of laws) and, in the absence of Federal law and to the extent permitted under Federal law, the laws of the State of Queensland.
F. Modifications.
If we make any changes to this “Disputes with The Food Lover’s Marketplace” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against The Food Lover’s Marketplace prior to the date the changes became effective. The Food Lover’s Marketplace will notify you of substantive changes to the “Disputes with The Food Lover’s Marketplace” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send The Food Lover’s Marketplace a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and The Food Lover’s Marketplace in accordance with the provisions of this “Disputes with The Food Lover’s Marketplace” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Term.
12.) Changes to the terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13.) Finer legal details
The Terms of Use Including all of the policies that make up the Terms, supersede any other agreement between you and The Food Lovers Marketplace regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14.) Contact
If you have any questions about the Terms of Use, please email us
at admin@thefoodloversmarket.com.au.