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 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.



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.



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.




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;

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: 



11.0 Your obligations as a seller

You agree to comply with the following:

12.0 Copyright and Intellectual Property


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


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.

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.

17.0 Indemnity

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

18.0 Dispute Resolution

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).

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.


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


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.


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.


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. 


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.


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.