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 shopping or selling on our website.

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). Your personal information will only be used to process your order and kept in the strictest confidence as per the Privacy Act 1988. 

You agree 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, for example alcohol if under 18 years of age.

4.0 Using the Website as the Buyer

The purpose of Food Markies is to provide local customers with quality food products by local businesses in a convenient way.

1. Complaint process: The priority of this service is to ensure that you have access to better food produced or sourced by local businesses and feel happy about the products and services you receive. If you are unhappy with any  aspect of the products received, please contact the business involved. If still unsatisfied, please contact us through the  feedback form.

2. Order information: It is your responsibility to ensure that you provide accurate information about your order details.

3. Returns policy: You should always check each seller's returns and refund policy in the “About” section on their shop. and double-check that you have placed an order for the right item before payment is made.

1. Due to health and safety regulations, we cannot guarantee food items can be exchanged or returned.

2. If an item is missing or not what you ordered, contact the business concerned to alert them to your missing or incorrect item. The  business will address your concerns. 

4. Uncollected orders or failed delivery. Most fresh food products are perishable. Neither this service nor the seller takes responsibility for any orders that are not picked up from the hub during our designated collection day and time, or if you are not home to accept delivery. No orders will be left if no one home to accept delivery. Any orders containing alcohol, must be picked up at the hub or accepted by home delivery by an adult. Identification must shown. 

5. If no one home to accept delivery, orders will be returned to hub. Any uncollected orders will be disposed of one week after collection date.

5.0 Payment

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

Stripe manages all payments during your use of the Services. In using the Website, or the Services, you warrant that you have read, understood, and agree to be bound by the payments terms of Stripe payment gateway.

6.0 Refund Policy

Food Markies is a facilitator introducing the buyer to the seller. Food Markies does not hold any liability to the buyer directly and will not personally refund any payments made in the use of services. For unresolved issues between you and any seller, please refer to our complaint process in paragraph 4.1 above.

If contacting the seller is not successful within 2 working days, contact Food Markies through the 'Contact Us' link at the bottom of our website.

7.0 CANCELLATION AND RETURNS POLICY

All customers have the right to change of mind on an order placed with a seller. However each seller states their conditions within their shop about section, which are binding.

8.0 PRODUCT INFORMATION

1. Except if stated, 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. However, this will not affect the quality of the products. All product information supplied by the seller is for information purposes only. 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.

2. In the event of any safety concerns or other information about a product, please contact your seller.

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

9.0 Using the Website as the Seller

By using this Service, you agree to supply products or services that are safe, healthy to consume and comply with the regulatory standards of local, state and federal authorities. 

You agree to provide the best customer service possible to all who purchase your products on Food Markies.

You are solely responsible for ensuring that;

1. By using this Service, you agree to supply products or services that are safe, healthy to consume and comply with regulatory standards in local, state and federal authorities.You conduct your business in compliance with all local, state and federal  legislative rules and regulations. If you have not already done so, please contact your local council to inform them about your food products and business for approval. 

2. You have the required valid licence(s) or approval documents from your local council and other relevant licensing authorities to carry on your business.

3. You understand and abide by all food safety rules, regulations and standards required of you by relevant food regulatory authorities.

4. Your licences and approval documents are up to date as required by your state, local or national regulatory authorities.

5. You maintain an up to date product and public liability insurance cover for your sales activities while using this service.

6. You understand and abide by the selling terms, policies and standards of this Service. 

7. You will look into your customer's complaint and respond within two working days of receiving the complaint. 

8. You allow a minimum of 1-hour change of mind period for order cancellation for full refund.

9. Product photos are as close to the actual products as possible. Any difference in appearance must be clearly stated in the product description.

10.0 Charges

By setting up a shop on Food Markies marketplace, you agree that:

Each month, you will be billed for the month before, a store holder's fees based based on your monthly sales, and a transaction + admin fee per transaction facilitated for you on Food Markies marketplace as follows From $0 - $2000 sales | $50/month | 2.99% + $0.50 per transaction From $2001 - $5000 sales | $100/month | 2.70% + $0.50 per transaction From $5001 - $10000 sales | $150/month | 2.40% + $0.50 per transaction From $10000+ sales | $200/month | 2.99% + $0.50 per transaction: 

1. How we bill you. We bill for the following month based on your total turnover in the preceding month. What’s beautiful about our billing method is that the more you grow your business with Food Markies, the lower your cost of sales on our platform.

2. Transactions and admin fees are non-refundable and deductible when payment is made by the customer regardless of a refund to the customer or order cancellation.

3. The net sales amount are payable to your bank account registered with Stripe payment gateway. We may charge your store account for amount paid to compensate a dissatisfied customer who has experienced poor service from your business. Please read our selling guidelines and requirements.

11.0 Your obligations as a seller

You agree to comply with the following:

1. You will neither disclose your store login details nor share your store account with unauthorised users. In any answerable situation, the store holder would be responsible for all transactions on the store account.

2. You have sole responsibility for protecting the confidentiality of your login details.  You agree to change your password and immediately notify Food Markies of any unauthorised use of your password or email address or any breach of security of which you have become aware.

3. 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. You will maintain reasonable records of your content. 

4. You will use the services only for purposes that the Terms of our Service permits; and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;

5. 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;

6. You will not use the services or the website in connection with any unagreed products except those specifically endorsed or approved by the management of Food Markies.

7. You will not use the services or website for any illegal and/or unauthorised use which includes collecting email addresses of buyers or sellers by electronic or other means to send unsolicited email or unauthorised link to the website;

8. You agree to keep all customer information in the strictest confidence, as per the Privacy Act 1988.

9. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles. 

10. Food Markies may take appropriate legal actions for any illegal or unauthorised use of the website.

12.0 Copyright and Intellectual Property

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.

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:

1. use the Website according to the terms;

2. copy and store the website and the material contained in the Website in your device's cache memory; and

3. print pages from the website for your own personal and non-commercial use.

3. Food Markies retains all rights, title, and interest in and to the website and all its related Services. 

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.

13.0 Privacy

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

14.0 General Disclaimer

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.

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

1. all terms, guarantees, warranties, representations, or conditions which are not stated expressly in the terms are excluded; and

2. Food Markies will not be liable for any unique, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any 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 using 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.

3. Use of the website and the services is at your own risk. Everything on the website and the services are 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:

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

2. 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);

3. costs incurred as a result of you using the website, the services or any of the products of Food Markies; and the services or operation in respect to links provided for your convenience.

4. You acknowledge that Food Markies Website and the services are only intended to facilitate the interactions between the buyer and the seller and do not offer any services other than the services and Food Markies 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).

15.0 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.

1. You expressly understand and agree that Food Markies, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which you may incur 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.

2. You acknowledge and agree that Food Markies holds no liability for any direct, indirect, incidental, special consequential, or exemplary damages you may incur due to providing Your content to the website.

16.0 Termination of Contract/Closure of account

You can close your account at any time by using the "Contact us" link to notify us of your intention.

1. Food Markies may at any time terminate the Terms with you if:

1. you have breached any provision of the terms or intend to breach any provision.

2. your food licence or approval documents expire.

3. Food Markies is required to do so by law;

4. Food Markies 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

5. the provision of the services to you by Food Markies is no longer commercially viable in the opinion of Food Markies.

2. 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.

3. 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.

17.0 Indemnity

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

1. 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;

2. any direct or indirect consequences of you accessing, using, or transacting on the website or attempt to do so; and/or any breach of the Terms.

18.0 Dispute Resolution

1. Compulsory:

If 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).

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.

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 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.

4. Termination of Mediation:

If 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.

5. 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.

6. 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. 

7. 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.

8. 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.

20.0 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.