Terms & Conditions

Kindly note that by using this website you agree to be bound by the Terms & Conditions set out below. Ignorance to the Terms & Conditions stated herein shall NOT absolve users from any claims, responsibility or liability in case of breach of any of the terms herein or any of the other supplementing terms of service, terms and conditions (for visitors, buyers or suppliers) or terms of use or any such other agreements provided on this Website.

Please read the following Terms & Conditions carefully. These Terms & Conditions, along with the arbitration clause (Section 10 herein), Privacy Policy and other supplementing terms of service documents, govern your access to and use of the website (the “Website”), including the use of any content, information, products and/or services therein. This is a legal agreement between you and Food Markies, a registered business in New South Wales, Australia, which owns www.foodmarkies.shop, also referred to in this Agreement as “We/Us/Our”.

NATURE OF THE WEBSITE

1.1 The Website offers a platform for suppliers, allied service providers/ trade facilitators and customers to discover, meet and transact in buying and selling of products & services related, in large part, to a wide variety of  legal and consumable food items. We may also offer the opportunity to purchase a select few related merchandise directly from us. We may also provide digital informative content on any and all themes central to our business and the Website.

o1.2 By using this Website, creating a supplier, allied service provider/ trade facilitator or buyer account, listing any products or services, subscribing to services and/or placing an order or uploading/downloading any other content, you agree to be bound by the Terms & Conditions set out herein.

1.3 Nothing in this Agreement shall be construed or deemed to create an employment or agency relationship, partnership or joint venture between the parties.

1.4 If you do not agree to be bound by these terms & conditions herein, please do not use or access this website.

1.5 We only provide a platform for the purchase and sale of goods and services and are not part of any transactions or dealings between any third-parties which arise from their use of the Website. We EXPRESSLY DISCLAIM any responsibility arising out of the goods or services offered on the Website by third-party suppliers or the purchase of such goods by a buyer. Any order placed and accepted on the Website shall give rise to a completely separate contract between the supplier or allied service provider/ trade facilitator and buyer. Food Markies shall NOT be a party to any such contract and therefore shall not have any related responsibilities or duties towards any of the two parties.

1.6 We accept no responsibility for reviewing any user or supplier generated content including any product descriptions, promotional materials, claims, or any other such related information posted or uploaded to the website. We do not make any warranties about the truthfulness, accuracy, or legitimacy of any claims, arguments, or information provided in any third-party supplier or user content.

1.7 We do NOT warrant that a supplier will keep all the promises made by them, will deliver the same quality of goods as promised, complete the transaction, deliver in time, or keep their end of the transaction in general.

1.8 From time to time, it will be necessary to update the Terms & Conditions. We reserve the right to revise, modify or change the Terms & Conditions at any given time and may notify you of the same if the changes are of significant importance and affecting the model or functioning of the Website. You shall be bound by the most recent and the present version of the Terms & Conditions on the Website.

1.9 We may process your data, as set in our Privacy Policy, for carefully considered purposes which enable us to enhance the service we provide. For the sake of clarity this refers to the processing of personal data such as, but not limited to, names, email addresses and IP addresses, for the purposes of analysing how the site is used by the visitors and for the distribution of emails relating to the Services. In case of Suppliers & Service Providers/ Trade Facilitators we may require and store company/business registration & other relevant certification as we deem fit for verifying authenticity, background checks, and to ensure overall legitimacy of listings on the Website and security in purchases.

1.10 The use of Services offered by Food Markies and/or the Website along with any related features may also be available, fully or in part, through other means such as mobile websites or applications. Any access or usage to our sites, through any means including the ones mentioned here, shall mean that you agree to enter into this Agreement and be bound by the Terms & Conditions provided herein.

WARRANTY

2.1 You warrant and represent that you are at least eighteen (18) years of age, you have the right and authority to enter into this Agreement by using this Website. You acknowledge that you have read and understood the Website’s Privacy Policy and Terms & Conditions (herein) and any other provided terms of service or use, as more fully described on the Website, and by using the Services and/or the Website you have expressly accepted the terms of service set forth in such Privacy Policy, Terms & Conditions (herein) as same may be amended from time to time. Do not use the website or any services offered herein if you are below 18 years of age. We expressly disclaim any and all responsibility for any harm or losses caused if you are below 18 years of age and use the website or services.

2.2 You shall defend and indemnify Food Markies and any of its affiliates (including any employees, directors, agents, partners, distributors, licensors, subsidiaries, customers, suppliers, co-branding providers, authors, content or allied service providers/ trade facilitators, successors, assignees and other representatives) and hold them harmless against any third-party claims or expenses and losses resulting from breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these Terms & Conditions, including reasonable attorneys’ fees and expenses.

2.3 There are no representations or warranties by Food Markies, express or implied, statutory or otherwise, other than as expressly set forth in the terms & conditions.

GENERAL

3.1 In order to place orders, make purchases or subscribe to any services being offered on the website it may be essential to create an account which would include submitting true and updated information including your name, email, address, and any other information as may be required at the time through the registration window/page. We reserve the right to allow accounts and listings on the website only as per our discretion. All responsibility for any activity arising out of any account shall lie with the owner of the account and any misuse or breach in the security of the account shall be notified to us at the earliest.

3.2 The Website and Services may be used and accessed solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Website and Services, including, without limitation, applicable common law, and all relevant statutes. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website and Services:

1. Disable, hack, circumvent or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website content or materials;
2. Use any metadata, meta tags or other hidden text utilizing a Food Markies name, trademark, URL or product name;
3. Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;
4. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or Services to send altered, deceptive or false source-identifying information;
5. Upload, submit, post, email, or otherwise transmit, via the Website or Services, any content or other materials that is, in the sole opinion of Food Markies, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libellous, vulgar or violent or constitute hate speech or are otherwise objectionable;
6. Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available on the Website, servers or networks connected to the Website or the technical delivery systems of the Website’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;
7. Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website or Services;
8. Attempt to scan, probe or test the vulnerability of any of the Website’s systems or networks or breach, impair or circumvent any security or authentication measures protecting and providing security for the Website or Services;
9. Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Food Markies or other generally available third-party web browsers (e.g., Google Chrome, Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Website to determine how a website or web page ranks;
10. Collect or store personal data about other users of the Website or Services without their express and explicit permission except when such data is shared with Supplier’s or Service Providers/Trade Facilitators to fulfil product orders or services listed by them on the Website;
11. Engage in identity theft, or misrepresent or impersonate your affiliation with any person or entity, through pretext or some other form of social engineering or otherwise commit fraud;
12. Use the Website or Services to engage in any fraudulent, abusive or illegal activity, or in any manner not permitted by the Terms & Conditions or any other related documents governing your use of the Website; or
13. Instruct or encourage any other individual to engage in any fraudulent, abusive or illegal activity, or to do any of the aforementioned activities under points (a-l) or to breach and/or violate any of the Terms & Conditions.

3.3 You agree that the Terms & Conditions and the rules, restrictions and policies contained herein, and Food Markies enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Food Markies unless otherwise specified.

3.4 Food Markies reserves the right, in its sole discretion, to refuse to provide its services to you or any customer for any or no reason whatsoever.

3.5 You agree that we have the right to monitor the Site and any content uploaded or accessed by you from time to time and to disclose any information when it is legally or statutorily required to do so, or to protect the interest of our company, Website or our customers. However, we have no obligation to monitor the Site. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms & Conditions.

3.6 Unless otherwise indicated for a particular communication, or content any communications or material of any kind that you e-mail, post, upload, share or otherwise transmit through this Website, including data, questions, reviews, comments, pictures, videos or suggestions will be treated as non-confidential and nonproprietary. We shall be entitled to use any such material for any purposes without any notice or compensation to you.

3.7 We have taken and will ensure all reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. You agree and understand that nothing on the internet is truly invulnerable or secure and we cannot, and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

3.8 You agree to keep your systems healthy and free from any Viruses, Trojans, Malwares or any other similar harmful programmes which could impact the safety of the Website. You also agree to adopt reasonable practices to keep your passwords, and any other confidential data in your possession, safe.

REGISTRATION

4.1 In accessing this Website or certain of the resources on the Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide shall be correct, current, and complete. If We believe the details are not correct, current, or complete, we have the right to refuse you access to the Website or any of its resources.

DISCLAIMER

5.1 The materials, options, features and services on the Website are provided on an ‘as is’ basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant that our Website or applications will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our Website will be corrected. Information on our Website: does not create any professional relationship between you and Food Markies; should not necessarily be relied upon and should not to be construed to be professional advice from us.

5.2 The information contained in any articles or other products or services sold, provided or promoted directly by Us on this Website are intended to be educational. This information should not replace consultation with a competent professional. The content of these products is intended to be used as an adjunct to a rational and responsible program prescribed by an appropriate professional. Food Markies, its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or allied service providers/ trade facilitators, successors, suppliers, publishers and assignees of these products are in no way liable for any misuse of the material they contain.

5.3 We have not reviewed all of the sites linked to the Website and we are not responsible for the contents of any such linked site. The inclusion of any link trademark or other identification marks, does not imply endorsement by us. Use of any such linked web site is at your own risk.

5.4 The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete or current. We may make changes to the materials contained on the Website at any time without notice. However, we do not make any commitment to update the materials.

TERMINATION

6.1 We may suspend or terminate your access to all or any part of the Website including any account thereon, without notice, for any reason at our sole discretion.

LIMITATIONS

7.1 In no event shall Food Markies its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or allied service providers/ trade facilitators, successors, and assignees be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if the company or the website or an authorized representative of the company/website has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such states, the respective liability of Food Markies, its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or allied service providers/ trade facilitators, successors, and assignees, is limited to the greatest extent permitted by such state law. Where the law reads implied Warranties into these Terms & Conditions Our liability shall be, at our sole discretion, limited to the cost of goods, replacement of goods, or the cost of services.

7.2 Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. under no circumstances will we, or our affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or allied service providers/trade facilitators, successors, and assignees, be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages. our total liability for any claim arising out of or relating to our website shall not exceed one hundred (100) Australian dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms of service.

FEES AND PAYMENTS

8.1 Unless otherwise provided all payments shall be debited from your account after the submission of relevant details by you and all such payments shall be in Australian Dollars. The payment modes provided on the Website shall be the only modes in which any payments or fees shall be accepted for any products or services offered on the Website. Any third-party offerings maybe paid for by accessing the payment modes and terms of such third-party providers (In this case, STRIPE payment gateway) separately.

8.2 If you owe us, you will immediately pay us the amount of any Chargeback and any associated fees, fines, or penalties listed on the Website or assessed by our assessor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies. You agree to assist us and provide us with any required proofs or documents to contest chargebacks when requested, at your expense, and to investigate any of your transactions through cards or otherwise.

8.3 You shall provide us with all the necessary updates on your financial information to continue to receive and maintain your subscriptions or purchases. In case you do not provide us with such updated information we shall have the right to contact and work with your financial allied service provider/ trade facilitator to access and update such information.

8.4 Our subscriptions shall be renewed automatically, at the end of the set periods for the respective terms as provided on the Website, and the fee/charges might change with the renewal unless such subscriptions are cancelled or terminated before the end of the initial term.

8.5 Other payment terms and conditions may apply to any other aspects of financial transactions on the Website and shall be provided on the Website at the respective parts of such transactions.

INTELLECTUAL PROPERTY

9.1 The Food Markies® and certain related names and logos, along with other product or service names or logos are trademarks, service marks, or service names which are proprietary rights owned by Food Markies or its licensors. Unless otherwise stated herein, we do not grant any license, title or right in, or assign any part of, any intellectual property rights in the content, programs, or applications integrated into the Website. You acknowledge that the Website contains contents that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Australian copyright laws, and Food Markies owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Australian copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

9.2 Reference on the Website to a specific commercial product, process or service by its trade name, trademark, promoter or otherwise does not constitute or imply its endorsement or recommendation by Us.

DISPUTES

10.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, (except any claims for violation of intellectual property pursued by us), shall be settled by binding arbitration. The number of arbitrators shall be one and the venue of the arbitration proceedings shall lie in New South Wales, Australia at any place agreed upon amongst, or equally close to the parties. The arbitrator shall apply Commercial Arbitration Act 2010 to all aspects of the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement, we shall be notified in writing. Within thirty (30) days of such notice, both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration.

10.2 The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event, shall it be made after one (1) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

10.3 All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own attorney’s fees. This Section (10) shall survive indefinitely regardless of the survival of this Agreement as a whole.

SUPPLIER/ALLIED SERVICE PROVIDER/TRADE FACILITATOR & CUSTOMER DISPUTES

11.1 In case of a dispute, the enforcement of their rights shall be the sole responsibility of each individual party and NOT of the website. The parties to the dispute shall have the same legal rights to remedy or for enforcement of a contract as they would have under contract or common law if they had entered into the same contract with the other party without going through the Website. We may mediate between two parties in their dispute arising out of any transaction emanating from the Website solely at our discretion. We do provide a customer service option for grievance redressal but we do not guarantee any sort of resolution of disputes.

COMMUNICATIONS

12.1 You consent to receive electronic communications from us (e.g., via email or by posting notices on our Services). These communications may include notices about your account, like payment authorizations, password changes and other transactional information, legal notices, or promotional offers. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

PROMOTIONS AND PURCHASES

13.1 (a) Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including promotions or other similar features, all of which terms are made a part of these Terms & Conditions by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms & Conditions and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service. (b) Our obligations, if any, with regard to our products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

SUPPLIERS & ALLIED SERVICE PROVIDERS/TRADE FACILITATORS

14.1 A valid Australian Business Number (ABN) is a must to make any listing on the Website or offer any goods or services. All applications for making a supplier or allied service provider/ trade facilitator account on the Website must include an ABN and any other documentary proof as required by us at the time. Fulfilling all formalities and submitting all documents in no way guarantees approval of the application for registering a supplier or allied service provider/ trade facilitator account with us and we may reject any applications with or without any explanation to you.

14.2 You must also have all applicable licenses, council approvals, training certifications, insurance, or any other such documentation, including but not limited to food licenses, wherever such licenses, approvals, certifications or insurance are required by the law to offer goods or services being offered by you. 

14.3 You represent and warrant that between you and Food Markies, you assume complete and exclusive liability arising out of any goods or services listed, offered or sold by you on the website.

14.4 As a Supplier or a Service Provider/ Trade Facilitator, you represent and warrant that you strictly adhere to all the necessary regulatory requirements, health, and safety guidelines, including all applicable food and safety codes and that you meet all the necessary standards applicable to goods or services being offered by you. You agree to indemnify Food Markies and save it harmless against any and all liabilities, including judgments, costs, and reasonable counsel fees, for anything done or omitted by the You in the execution of this Agreement, including but not limited to any liabilities or losses arising out of a breach of any warranty under this Section (14) or your failure to meet regulatory standards or follow health and safety guidelines.

14.5 All suppliers or allied service providers/ trade facilitators shall maintain and display relevant documentation, as listed by Us, including licenses and certifications on their pages/accounts on the Website for customers. We reserve the right to review all listings from suppliers and allied service providers/ trade facilitators before publishing them on the Website and reject any listings which we deem unfit for publication for any reason whatsoever.

14.6 You warrant and represent that no goods or services being listed, offered or sold by you: violate any local, state, national or international laws, treaties or conventions including any legislation, code or standard dealing with food safety and health; infringes any third-party’s intellectual property rights; or involves any other illegal, fraudulent or misleading practices.

14.7 We DO NOT make any representations or guarantees on the scope of the opportunity, financial or otherwise, with us or the quantity of goods or services you would be able to sell on the Website.

14.8 All rights stemming from a supplier or allied service provider/ trade facilitator account registered with us are non-transferable.

14.9 You hereby agree to fulfil all obligations and formalities required by us or our third-party payment processors to set up a mode of sending and receiving funds from the Website in accordance with the requirements of the payment options available on the website.

14.10 We reserve the right to remove any listings made by you and forbid the sale of one or more goods or services being offered by you.

14.11 Suppliers and allied service providers/ trade facilitators are responsible for all aspects of the sale or orders on their accounts including but limited to quality control, packaging, dispatching, arranging deliveries, returns, and refunds. All suppliers and allied service providers/ trade facilitators shall aim to maintain exceptional customer relations and an overall high level of customer satisfaction including resolving customer grievances timely and effectively. In case your account has too many pending disputes or negative feedback according to Us, we may suspend or terminate your account on the Website.

14.12 We may change the fees, commissions or subscription prices after giving a thirty (30) day notice to you including the prices and the date on which the changes become effective.

14.13 Suppliers and Service Providers/ Trade Facilitators shall be solely responsible for all expenditures and costs incurred in listing and fulfilling orders on goods or services or your use of the Website.

14.14 Suppliers or Service Providers/ Trade Facilitators shall use any personal information which they obtain from any customers or third-parties via this Website only for the purposes mentioned herein, and to fulfil customer orders. Supplier and Service Providers/ Trade Facilitators shall under no condition try to circumvent the Website and make or attempt to make any contact with the customers or prospective customers, whom they discovered via the website, outside of the Website. All customer information shall be handled, processed, stored, and shared in accordance with the relevant laws including the Privacy Act 1988 wherever it is applicable.

CONTENT

15.1 You agree that you bear the complete and undivided responsibility for, and shall indemnify Food Markies against any claim or action arising out of, any content posted, submitted or uploaded by you or on your behalf to the Website. You represent and warrant that all such content: is owned solely by you and you are the author, and copyright owner of any such Content or you have written permission from the author, owner or the copyright owner to make such use of the content as you are making by uploading, posting or sharing it on the Website; is in compliance with all local, national and international laws; is not offensive, obscene, hateful or defamatory; is fully complete, accurate, truthful and not misleading in any manner; does not infringe on any intellectual property rights of any third-party.

15.2 All content generated, owned, uploaded, or published by users, suppliers, or allied service providers/ trade facilitators on the website, via direct upload or via sharing it from other websites, shall be hereafter referred to as “Your Content”. You agree to Our use and utilisation of Your Content including but not limited to the purposes of running the Website; promotional campaigns, advertisements, and messages on social media, popular websites, or on this Website itself. We shall also be entitled to edit, reorganise, and compile Your Content independently or in combination with other content for the purposes mentioned in this Section (15). Any use of Your Content by Us shall in no way limit your responsibility and liability for such content except to the extent of any modifications made by us to Your Content. We do not claim any ownership in Your Content.

15.3 You hereby grant to us an irrevocable and perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license, to use (in whole or in part), copy, edit, distribute, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, alter, revise and incorporate into other works, Your Content and any works derived from it, in any form of media or expression. Our rights under this license remain in place even after termination of this Agreement or your account.

15.4 The Website must not be used for any promotional purposes that are not directly connected to the specific goods or services being offered on the Website. None of Your Content shall include any contact details separate from the Website or any links to any other third-party website. All promotional material should only promote specifically the goods or services being offered on the Website. Any communication between Supplier or Service Provider/ Trade Facilitator and customer which involves the offer to or an attempt to take the communication and/or transaction off of the Website is strictly prohibited and the accounts in breach of this condition shall be liable to be suspended or terminated.

BULK ORDERS & GROUP BUY

16.1 Wherever Bulk Orders, which are orders for a bulk of goods at cheaper prices than retail prices, are available such orders shall be automatically cancelled if the Minimum Order Quantity (MOQ) requirement is not met by the group of buyers. In a group order if the MOQ is not reached the orders for all the members of the group get cancelled. Orders through Group Buy option will not be cancelled, once successfully placed or accepted by the Supplier or 15 minutes before the end of the Group Buy, whichever is sooner.

SEVERABILITY

17.1 If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions is to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms & Conditions will continue in full force and effect.

NON-WAIVER

18.1 The failure to enforce at any time any of the provisions of these Terms & Conditions shall not be construed to be a waiver of the right thereafter to enforce any such provision.

ASSIGNMENT

19.1 You may not assign the Terms & Conditions (by operation of law or otherwise) and any prohibited assignment will be null and void. We may assign the Terms & Conditions or any rights or obligations hereunder without your consent.

NOTICE

20.1 Notwithstanding anything in this Agreement, we may provide you with notice by any means, including (without limitation) via email, postings on the Websites and changes to this Agreement. If you don’t consent to receive notices electronically, you must stop using the Website and our Services.

20.2 Any notice or other communication required to be given under these Terms & Conditions, shall be in writing and shall be delivered personally, or by email, or sent by pre-paid first-class post or recorded delivery or by commercial courier, to each party required to receive the notice or communication. Any notice or other communication shall be deemed to have been duly received: (i) if delivered personally, when left at the address and for the contact referred to in this clause; or (ii) if delivered by email, upon leaving the sender’s outbox; or (iii) if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting; or (iv) if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.

20.3 A notice that we give is deemed given even if it is intercepted by your spam filter and not actually read. Notices sent to Us pursuant to any section of this Agreement shall be deemed duly served and effective only on actual receipt by Us.

GOVERNING LAW

21.1 The Terms & Conditions shall be governed by and interpreted in accordance with the laws of New South Wales and Australia. Unless otherwise provided in this Agreement, any legal action or proceeding arising under the Terms & Conditions shall be brought exclusively in courts located in the New South Wales, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. The parties to this agreement waive their respective rights to a trial by jury.