Terms and Conditions
Buyer | Seller

This Agreement was last modified on October 16, 2016.

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using http://www.foodbomb.com.au ("the Site") operated by Butcherman Pty ltd. ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.foodbomb.com.au.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

Intellectual Property

The Site (Foodbomb.com.au) and its original content, features and functionality are owned by Butcherman Pty ltd. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

governing law

This Agreement (and any futher rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of law.

changes to this agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

(This Terms & Conditions agreement has been published and generated with permission from www.TermsFeed.com.)

privacy policy

Please refer to our Privacy Policy page (Also linked on our home page) for information relating to our collection, storage and use of the details you provide on registration.

Buyer Terms and Conditions

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions on which we, Butcherman Pty Ltd ACN: 600629418 provide our services through our website www.foodbomb.com.au and/or any mobile application any/or other media platform through which you access and utilise our services.

We urge you to read these terms and conditions carefully before ordering any products through the Website. By ordering products via the Website (whether now or in the future) or continuing to use the Website, you agree to be bound by these Terms and Conditions.

We reserve the right to change these Website Terms from time to time by changing them on this page. Changes can be made without further notice for past or current users. We advise you to print a copy of these Website Terms at the time of each purchase for future reference. These Website Terms are only in the English language. Any translation via any website tools will not be accepted as constituting terms or condition for the Website.

Use of your personal information submitted via the Website is governed by our Privacy Policy set out by clicking www.foodbomb.com.au/privacy-policy

DEFINITIONS

Product or Products means any products available from a supplier or seller on the Website.

Service means we provide a way for you to communicate your orders for products to a supplier or suppliers displayed on the Website.

Supplier or Seller means a person or business selling the Products on the Website.

Terms and Conditions or Website Terms means the terms and conditions as set out on this page and may be amended from time to time without further notice.

We, Us or Our Company means Butcherman Pty Ltd ACN: 600629418 of 9 Keiran St, Bondi Junction 2022 , NSW, Australia.

Website means www.foodbomb.com.au and/or any mobile application any/or other media platform through which you access and utilise our services.

You means yourself or any person accessing our services through your account.

Your Order means an order you made through our Website.

REGISTRATION OF ACCOUNT FOR ACCESS

Most of the website is open and accessible without an account. However, no order can be made without a user account.

You may only make an order by registering a user account with us. When registering an account, we may require you to provide

- your personal details

- your company ABN

- your contact details

- your identification

- your credit or debit card details.

You must provide these details truthfully and ensure that your details are updated as frequently as necessary to ensure that we have accurate and current information about yourself.

When registering an account you agree to be bound by these Website Terms.

Upon registration, you will be issued with a username and a password and it is your responsibility to ensure that the username and passport are kept safely. Any use of your username and password, even if done without your authority, remains your responsibility.

Registration and continuing access through your account is a privilege granted by us to you and can be refused, revoked or suspended at any time at our absolute discretion.

HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

 

Once you have selected the Products you wish to order, you may be invited to submit your Order by clicking or selecting the "proceed", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.

If a supplier or seller has a minimum order amount in place, you may not place an order with that supplier or seller until the value of your Order exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.

After an order is submitted, you will be required to make payment for your Oder. You are required to make prompt payment before the order can be processed

After your Order is submitted, it may not be amended or cancelled. You should contact us promptly if you wish to amend or cancel your Order and we will endeavour to assist you with your amendment or cancellation HOWEVER we make no guarantee that your request to amend or cancelled will be accepted. If it is accepted, then administration fees or cancellation fees may be applied and you must pay for these fees before an amendment or cancellation can be accepted.

On receipt of your Order, we will begin processing it by sending it to the relevant supplier or seller and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Supplier or Seller. Supplier or Seller have the discretion to reject Orders at any time because of availability, logistic or operational reasons, weather conditions or for any other reason. We encourage all our supplier or seller to accept all Orders and to communicate any rejection promptly, and we will notify you (by email) as soon as reasonably practicable if a supplier or seller rejects your Order.

 

Deliveries are made within 24hrs of the order being placed and an order confirmation being received, unless otherwise requested by the customer during the checkout process

PRICES

All prices shown on our website are in Australian Dollars.

Unless otherwise stated, all prices shown are inclusive of any goods and services tax (where applicable).

While we endeavour to regularly monitor and ensure all prices displayed on our website are accurate and up to date, we make no guarantee to it and therefore we reserve the right to correct the prices subsequent to your Order. You have the right to cancel your Order if the prices displayed on our website are incorrect.

USE OF OUR WEBSITE

While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

Any materials used on the website may be our intellectual properties or intellectual properties of our supplier or seller. These include but not are not limited to any logo, text images, video or audio, slogan, trademarks or other recognisable materials. You agree to respect these intellectual properties in accordance with the copyright and intellectual property laws and must not use these materials for any prohibited use.

You are not permitted to use the Website or any of its materials for marketing purpose unless with our express permission to do so.

Any links to third-party website on the Website are provided for your conveniences only and we disclaim any liabilities for the use of these third-party websites.

Any promotions listed on the Website are subject to changes without further notice and we make no guarantee that the promotion will be available for your Order. The supplier or seller has the right to refuse a promotion.

Materials on the website may be changed from time to time without further notice

DISCLAIMER

The supply and purchase of Products is between you and the Supplier or Seller that you place your Order with.

We provide a platform for communication and access between you and the Supplier or Seller and have no control over the actions or omissions of any supplier or seller. Therefore we make no representation, warranty, condition or undertaking as to the following:

i. the quality or suitability of the Products.

ii. the availability of the Products.

iii. Estimated times for deliveries and transportation costs.

Therefore under no circumstances shall be liable for any loss suffered by you from the use of the Website and by registering an account and/or submitting an order, you agree to indemnify and render harmless us and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by you or any third party.

USE OF WEBSITE A PRIVILEGE

Registration and continuing access through your account is a privilege granted by us to you and can be refused, revoked or suspended at any time at our absolute discretion.

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML & CTF Legislation)

To meet our regulatory and compliance obligations under the Anti-money Laundering and Counter Terrorism Financing Act 2006 and relevant regulations and rules Butcherman Pty Ltd ACN:600629418 through our website www.foodbomb.com.au we may need to:

(a) delay, block or refuse transactions where we have reasonable grounds to believe that these transactions breach Australian law or the law of any other country; and

(b) from time to time, require additional information from you to assist us in meeting our obligations as required by the AML & CTF Legislation.

You acknowledge that, the information collected by Butcherman Pty Ltd may be used for identification purposes, and may be disclosed to a third party verification service, in accordance with our privacy policy, to enable Butcherman Pty Ltd to comply with all its customer identification obligations under the AML & CTF Legislation.

We may disclose the information gathered by us to regulatory and/or law enforcement agencies in accordance with AML & CTF Legislation and our privacy policy.

You agree that you must not initiate, engage in or effect a transaction that may be in breach of Australian law or the law of another country including (but not limited to) the AML & CTF Legislation.

MISCELLANEOUS

Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

Jurisdiction: These Website Terms shall be governed by and construed in accordance with the law of New South Wales. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Seller Terms and Conditions

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions on which we, Butcherman Pty Ltd ACN:600629418 provide our services through our website www.foodbomb.com.au and/or any mobile application any/or other media platform through which you offer or advertise your Products for purchase.

We urge you to read these terms and conditions carefully before ordering any products through the Website. By advertising or listing your Products via the Website (whether now or in the future) or continuing to use the Website, you agree to be bound by these Terms and Conditions.

We reserve the right to change these Website Terms from time to time by changing them on this page. Changes can be made without further notice for past or current users. We advise you to print a copy of these Website Terms at the time of each sale for future reference. These Website Terms are only in the English language. Any translation via any website tools will not be accepted as constituting terms or condition for the Website.

DEFINITIONS

Customer means a person or business buying the Products on the Website.

Order means an order from a customer to you through our Website.Product or Products means any products available offered by you for sale on the Website.

Service means we provide a way for you to offer and advertise your products for sale to any customer.

Terms and Conditions or Website Terms means the terms and conditions as set out on this page and may be amended from time to time without further notice.

We, Us or Our Company means Butcherman Pty Ltd ACN:600629418 of 9 Keiran St Bondi Junction 2022, NSW, Australia

Website means www.foodbomb.com.au and/or any mobile application any/or other media platform through which you access and utilise our services.

You means company nominee or any person accessing our services through your account.

REGISTRATION OF ACCOUNT FOR ACCESS

Most of the website is open and accessible without an account. However, any offer or advertisement for sale of Products can only be made with a supplier or seller account.

You may registering a supplier or seller account with us. When registering an account, we may require you to provide

- your personal details

- your contact details

- your company ABN

- your identification

- your credit or debit card details.

You must provide these details truthfully and ensure that your details are updated as frequently as necessary to ensure that we have accurate and current information about yourself.

When registering an account you agree to be bound by these Website Terms.

Upon registration, you will be issued with a username and a password and it is your responsibility to ensure that the username and passport are kept safely. Any use of your username and password, even if done without your authority, remains your responsibility.

Registration and continuing access through your account is a privilege granted by us to you and can be refused, revoked or suspended at any time at our absolute discretion.

LISTING YOUR PRODUCTS FOR SALE

Once you have registered a supplier or seller account, you may list your products on the Website for sale. When listing your product, you may also include information reasonable or necessary for the customer such as

- a brief description

- photograph or image

- use or possible use

- availability

- transportation costs (estimate only)

When listing, you may specify matters such as

- a promotion

- minimum order amount

Provided however that these requirements are clearly identified

RECEIVING YOUR ORDER

4.1 After an order is submitted, we will notify you via email of the Order. We will provide you with information necessary to complete the Order.

4.2 It is your responsibility to ensure the Products are delivered

i. Safely

ii. within the time estimated or as close to it as possible

iii. fully insured during delivery

We take no responsibility for the delivery of your Products.

If there is any change to the pricing, the estimate time for deliveries or the transportation costs, you must inform us immediately. Customers may be entitled to a cancellation upon review of these changes.

If upon receiving an order, you are unable to supply the Products, you must inform us as soon as possible. You are also required to provide a reason for your inability to supply the Products.

OUR FEES

Currently, we will charge you the following fees for our services

FEES HOW IS IT CALCULATED WHEN IS IT PAYABLE
Annual fees Nil Nil
Commission 7% of the total sale price Within 48 Hours

Fees chargeable will be reviewed from time to time. We will notify you when the fees change.

All fees charged are in Australian Dollars and inclusive of goods and services tax.

PAYMENT

Payment from the customer to you – we will deduct the purchaser price as set out on the Order from the Customer’s nominated bank account immediately after an Order has been submitted. We have the right to hold this payment from you for at least 48 hours subject to any adjustment, cancellation or disputation that may arise from the Order. At the expiry of 48 hours, usually the payment will be automatically released to you via bank transfer to your nominated account. We however may, at our absolute discretion, withhold this payment until the delivery of the Order and/or resolution of any disputation.

Chargeback – In the event that a payment from the customer of an Order has been rejected or “charged back”, then you authorise us to charge your nominated bank account the same amount that has been “charged back”. It is your responsibility to resolve any dispute of a charge back with the customer directly and you remain liable for our fees.

USE OF WEBSITE

While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

Any materials used on the website may be our intellectual properties or intellectual properties of our supplier or seller. These include but not are not limited to any logo, text images, video or audio, slogan, trademarks or other recognisable materials. You agree to respect these intellectual properties in accordance with the copyright and intellectual property laws and must not use these materials for any prohibited use.

We may change, suspend or discontinue any aspect of the Website at any time, including the layout and availability of the Website’s features, database or content without any prior notice or liability.

You are not permitted to use the Website or any of its materials for marketing purpose unless with our express permission to do so.

Any links to third-party website on the Website are provided for your conveniences only and we disclaim any liabilities for the use of these third-party websites.

DISCLAIMER

The Website is a venue which allows you to advertise your Product for sale. The supply and purchase of Products is between you and the Supplier or Seller that you place your Order with.

The Site provides a venue for users to interact, and we does not act as your agent in relation to the Products you advertise on the Website. We are not a party to any contractual relationship between you and a customer or any other third party, even if the Website facilitate an Order for your products. We do not mediate between you and the customer in the event of any dispute arising between them. You enter into any transaction with a third party entirely at your own risk.

Therefore under no circumstances shall be liable for any loss suffered by you from the use of the Website and by registering an account and/or processing an order, you agree to indemnify and render harmless us and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by you or any third party.

USE OF WEBSITE A PRIVILEGE

Registration and continuing access through your account is a privilege granted by us to you and can be refused, revoked or suspended at any time at our absolute discretion including but not limited to circumstances where

- your Listings contain any material that infringes any law, applicable regulations or the rights of any person or entity;

- you supplying unsuitable material to, or misused the Website;

- you supplying misleading or inaccurate description of Products;

- you engage in conducts which are uncommercial or undesirable or unethical;

- you are in material breach of this Agreement;

- you use a false identity;

- you otherwise misuse our system or communication platform.

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML & CTF Legislation)

To meet our regulatory and compliance obligations under the Anti-money Laundering and Counter Terrorism Financing Act 2006 and relevant regulations and rules Butcherman Pty Ltd ACN:600629418 through our website www.foodbomb.com.au we may need to:

(a) delay, block or refuse transactions where we have reasonable grounds to believe that these transactions breach Australian law or the law of any other country; and

(b) from time to time, require additional information from you to assist us in meeting our obligations as required by the AML & CTF Legislation.

You acknowledge that, the information collected by Butcherman Pty Ltd may be used for identification purposes, and may be disclosed to a third party verification service, in accordance with our privacy policy, to enable Butcherman Pty Ltd to comply with all its customer identification obligations under the AML & CTF Legislation.

We may disclose the information gathered by us to regulatory and/or law enforcement agencies in accordance with AML & CTF Legislation and our privacy policy.

You agree that you must not initiate, engage in or effect a transaction that may be in breach of Australian law or the law of another country including (but not limited to) the AML & CTF Legislation.

MISCELLANEOUS

Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

Jurisdiction: These Website Terms shall be governed by and construed in accordance with the law of New South Wales. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.

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