Terms & Conditions


1.0 About the Website

Welcome to Food Markies marketplace (the 'Website'). The Website facilitates interactions between the Customer (the Buyer); and the Supplier (the Seller) and makes it easier for the Buyer and the Seller to locate, communicate, arrange payment and deliver or accept food products quickly and securely (the 'Services').


The Website is operated by Food Markies Pty Ltd. Access to and use of the Website, or any of its associated products or Services, is provided by Food Markies. Please read these terms and conditions (the 'Terms') carefully. Using and/or accessing the Website signifies that you have read, understood, and agree to be guided by our Terms. If you disagree with the Terms, you must cease using the Website or any of its products or services.


Food Markies reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Food Markies updates the Terms, it will use reasonable endeavours to notify you of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend keeping a copy of the Terms for your records.


2.0 Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for the use of the Services. You also accept the Terms by clicking to accept or agree to the Terms. This option is available to you by Food Markies in the user interface.


3.0 The Services

To access the Service, both the Buyer and the Seller signup for an account through the Website (the 'Account').


As part of the registration process, or as part of your continued use of the Services, you will be asked to provide personal information about yourself (such as identification or contact details)


You warrant that any information you give to Food Markies in the course of completing the registration process will always be accurate, correct, and up to date.


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.


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


you are not of legal age to form a binding contract with Food Markies; or


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.



4.0 Using the Website as the Buyer

The priority of this Service is to ensure that you have access to better food produced locally and feel happy about the products and services you receive. If you feel unhappy with any aspect of the Service we have facilitated for you or have an unresolved issue with your Supplier, please use the feedback form to tell our helpful Customer Happiness team about it. 


You are solely responsible for ensuring that you provide accurate information about your order details. 

Due to Food safety issues, we cannot guarantee that all food items you have ordered from sellers using this Service will be returnable or exchangeable. You should always check each Seller's returns and refund policy and double-check that you have placed an order for the right thing before checking out.


Suppose you have opted to pick up your order. In that case, you are responsible for picking up your order when notified by the Seller that your order is ready for pick up. Most fresh food products are perishable. Neither this Service nor the Seller guarantees that orders not picked up promptly will remain as they were when packed for pick up at the local hub or the Seller's nominated pick up location.


4.1 Payment

By Food Markies offering the Services to you, you agree that:


4.2 Refund Policy


4.2.2 If contacting the Seller is not successful after twenty-four (24) hours, contact Food Markies through the 'Contact Us' link at the website’s footer. 


4.2.3 It's mandatory for a Seller to look into a customer's complaint and respond within 24 hours of receiving the complaint. 


4.3 CANCELLATION AND RETURNS POLICY

All customers have the right to change of mind on an order placed with a Seller. Suppose, for any lawful and valid reason; a Seller does not accept cancellations. In that case, the Seller must clearly state it clearly in selling terms in the product description box.

Whatever the case may be, all Sellers on Food Markies are to allow a minimum of 1-hour change of mind grace period.

The goal of every Seller on Food Markies marketplace is to make the customer's happiness a priority when trading.


4.4 PRODUCT INFORMATION

4.1.1 Except we state otherwise, Food Markies is not the producer of the products sold on its marketplace. We will do our best to ensure that the product information provided by Sellers on our Website is correct. Some Sellers may use stock or generic photos to represent the products they offer. Therefore, products and product packaging and materials may differ in appearance from those displayed on our Website. All product information supplied by the Seller is for information purposes only. Your local Seller is responsible for accepting returns or exchanging incorrect items in line with their selling terms and compliance with Food Markies policies and the Australian Consumer Law.   For direction on product usage, we recommend that you do not depend solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use.


4.1.2 In the event of any safety concerns or other information about a product, please carefully read the information provided with the product, contact your Seller, or report the situation to us.

4.1.3 Food Markies does not accept liability for inaccuracies or misstatements about products by a Seller or other third parties. However, this does not affect your statutory rights as a customer.

4.1.4 All suppliers must ensure that product photos are as close to the actual products as possible. Any difference in appearance must be clearly stated in the product description.


5.0 Using the Website as the Seller

You are solely responsible for ensuring that;

5.1 By using this Service, you agree to supply products or services that are safe, healthy to consume and comply with regulatory authorities' standards in your council, state, and country.

You also agree to make the happiness and satisfaction of your customers on Food Markies your top priority. You will always put people before profit while using this platform.


5.2 Charges

By Food Markies offering the Services to you, you agree that:


Food Markies will charge you as a seller a fee of 7.5% plus $0.70 per transaction it facilitates for your business through the platform, except otherwise stated.

 Transactions fees are non-refundable and deductible on payment by the customer before the net sales amount are payable to your account. We may charge your store account for the amount paid to compensate a dissatisfied customer who has experienced poor service from your business. Please read our selling guidelines and requirements.


6.0 Your obligations as a Member

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




7.0 Copyright and Intellectual Property

7.1 The Website, the Services, and all of the related products of Food Markies 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 are reserved by Food Markies or its contributors.

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


7.3 Food Markies does not grant you any other rights concerning the Website or the Service. Food Markies expressly reserve all other rights.



7.3 You may not, without the prior written permission of Food Markies 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 the Website's material, which is freely available for re-use or is in the public domain.


7.4 Where you broadcast, publish, upload, transmit, post, or distribute Your Content on the Website. You grant Food Markies a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.


8.0 Privacy

Food Markies takes your privacy seriously. Anyany information provided through your use of the Website and/or Services is subject to Food Markies' Privacy Policy, which is available on the Website.


9.0 General Disclaimer

9.1 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.


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



9.3 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 Food Markies makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Food Markies) 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:



10.0 Limitation of Liability

Food Markies' 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 the statute, or otherwise, will not exceed the supply of the Services to you.



11.0 Termination of Contract/Closure of account



3. Subject to applicable local laws, Food Markies, reserves the right to discontinue or cancel your membership at any time. We may suspend or deny, in our 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 Food Markies's name or reputation or violates the rights of those of another party.


4. When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Food Markies 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. The provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.


12.0 Indemnity

You agree to indemnify Food Markies, its affiliates, employees, agents, contributors, third party content Sellers, and licensors from and against:



13.0 Dispute Resolution


13.1 Compulsory:

Suppose a dispute arises out of or relates to the Terms. In that case, 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).


13.2 Notice:

A party 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.


13.3 Resolution:

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


1. Within 30 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;

2. If for any reason whatsoever, 60 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 President of the Mediation body or their nominee;


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


4 The mediation will be held in New South Wales, Australia.


13.4 Termination of Mediation:

Suppose 45 days have elapsed after the start of a Dispute mediation, and the Dispute has not been resolved. In that case, either Party may ask the mediator to terminate the mediation, and the mediator must do so.


14.0. Confidentiality

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 applicable laws of evidence.


15.0 Venue and Jurisdiction

The Services offered by Food Markies are intended to be viewed 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 New South Wales, Australia.


16.0 Governing Law

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.


17.0 Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable. Both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.


18.0 Severance

Suppose any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction. In that case, that part shall be severed, and the rest of the Terms shall remain in force.