Terms & Conditions
Terms & Conditions
This Agreement was last modified on July 03, 2020.
Please read these terms and conditions (“Terms and Conditions”) carefully before using the website https://www.foodbomb.com.au and any related mobile application (the “Website”) operated by Foodbomb Pty Ltd (“Foodbomb”, “us”, “we”, or “our”). These Terms and Conditions set out the legally binding terms on which you may access and use our Website and our Services.
If you are Customer, please also read the Customer Terms below which are incorporated into these Terms and Conditions. If you are a Supplier, please read the Supplier Terms below which are incorporated into these Terms and Conditions.
By accessing or using our Website or our Services in any manner, including, but not limited to, visiting or browsing our Website or contributing content or other materials to our Website, you agree to be bound by these Terms and Conditions and the Customer Terms or Supplier Terms (as applicable).
You agree and acknowledge that:
- all intellectual property rights in and associated with our Website and anything that we create, modify, provide, supply or license to you in providing the Services are exclusively owned by us and licensed to you under these Terms and Conditions;
- subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you must not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing our Website in your browser), store, modify, distribute, print, upload, display, publish or create derivative works from any part of our Website or commercialise any information obtained from any part of our Website without prior written consent from us or, in the case of any third party material, from the owner of the intellectual property rights in that material;
- you must not do anything which jeopardises or interferes with our ownership of our intellectual property rights; and
- you hereby grant Foodbomb a worldwide, royalty free, irresolvable licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, sub-licence, make derivative works of, and otherwise commercialise and exploit, details or information about you or that is uploaded by you onto our Website for the purpose of providing the Services.
Use of our Website
While we try to ensure our 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 our Website is unavailable at any time or for any period.
We may change, suspend or discontinue any aspect of our Website at any time, including the layout and availability of our Website’s features, database or content without any prior notice or liability.
You are not permitted to use our Website or any of its materials for marketing purposes unless with our express permission to do so. Any links to third-party websites on our Website are provided for your conveniences only and we disclaim any liabilities for the use of these third-party websites.
In accessing our Website, you agree that you will not use any device, software, process or means to interfere or attempt to interfere with the proper working of our Website or do anything which is intended or reasonably likely to damage, impair, interrupt or interfere with Foodbomb or the computer equipment on which our Website is hosted or where its databases and code are located.
We may terminate your access to our Website and our Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms and Conditions that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitation of Liability
To the maximum extent permitted by law, Foodbomb shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with the use of our Website or our Services.
You agree to indemnify and render harmless Foodbomb and its applicable affiliates, officers, directors, agents, and employees, from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, incurred by Foodbomb as a result of:
- any claim that any information that you provided or upload on our Website or made available on our Website, its use, storage, reproduction or communication, infringes another person’s rights;
- any information, or Products purchased or sold on our Website; and
- any breach by you of your obligations under these Terms and Conditions or as a result of any use of our Website.
Anti-Money Laundering and Counter-Terrorism Financing Legislation
To meet our regulatory and compliance obligations under the AML & CTF Legislation, Foodbomb may need to:
- 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; or
- from time to time, require additional information from you to assist us in meeting our obligations as required by the AML & CTF Legislation.
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.
If any of these Terms and Conditions 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.
These Terms and Conditions 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. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms and Conditions will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. We may transfer any of our rights or obligations under these Terms and Conditions 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.
These Terms and Conditions are only in the English language. Any translation via any website tools will not be accepted as constituting binding terms or conditions for our Website.
These Terms and Conditions (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New South Wales, Australia.
Changes to these Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on our Website. Your continued use of our Website or our Services after any such changes constitutes your acceptance of the new Terms and Conditions.
We advise you to print a copy of these Terms and Conditions at the time of each purchase for future reference.
In the Terms and Conditions:
AML & CTF Legislation means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Anti-Money Laundering and Counter-Terrorism Financing Rules.
Customer means a person or business buying the Products on our Website.
Customer Terms means the additional terms and conditions that apply to Customers as set out below as amended from time to time without further notice.
Order means an order made by a Customer through our Website.
Product or Products means any products available from a Supplier on our Website.
Services means the services we provide to Customers and Suppliers, being a platform for Customers to peruse Products displayed by Suppliers on our Website and to communicate Orders for Products to Suppliers.
Supplier means a person or business selling the Products on our Website.
You means a Customer or Supplier as the context requires.
Supplier Terms means the additional terms and conditions that apply to Supplier as set out below as amended from time to time without further notice.
These additional terms (“Customer Terms”) will apply where you are ordering Products through our Website. By ordering Products via our Website (whether now or in the future) or continuing to use our Website, you agree to be bound by these Customer Terms. These Supplier Terms should be read in conjunction with our Terms and Conditions.
Registration of Account for Access
Most of our Website is accessible without registering for a customer account. However, you are unable to make an Order without signing up to a user account on our Website.You may only submit an order for Products 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
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 as once you do so we will process your Order and errors cannot be corrected.
If a Supplier has a minimum order amount in place, you may not place an Order with that Supplier 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 Order. 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 cancellation will be accepted by the relevant Supplier. 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 and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on our Website or any Order confirmation email that you may receive merely indicates that your Order has been received and is being processed by the Supplier. This does not necessarily mean that your Order has been accepted by the Supplier. A Supplier has 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 Suppliers 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 rejects your Order.
Deliveries are generally made within 24hrs of the Order being placed and an order confirmation being received, unless otherwise requested by the Customer during the checkout process or notified by the Supplier.
All prices shown on our Website are in Australian Dollars.
Unless otherwise stated, all prices of the Products 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.
If you make a payment via credit card, you agree that your payment will be processed via Stripe (a certified platform). We do not receive details of your credit card directly and cannot be held liable for any issues arising from the processing of your card.
Any promotions listed on our Website are subject to changes without further notice and we make no guarantee that the promotion will be available for your Order. The Supplier has the right to refuse a promotion at their discretion. Materials on our Website may change from time to time without further notice.
Any Order for the supply and purchase of Products is a contract entered into strictly between you and the relevant Supplier and we do not verify, endorse, recommend or guarantee any Supplier or any information they provide on our Website.
We provide a platform for communication and access between you and the Supplier only and have no control over, or liability with respect to, the actions or omissions of any Supplier. Foodbomb makes no representation, warranty, condition or undertaking, either express or implied as to:
- the accuracy of the information and data supplied by Suppliers on our Website;
- the quality or suitability of the Products for any particular purpose;
- the availability of the Products; and
- estimated times for deliveries and transportation costs charged by the Supplier.
Foodbomb does not provide any warranty in relation to any Products advertised on our Website by the Supplier or other third parties including, but not limited to, any representation or warranty that the Products are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the Supplier or other third party.
You acknowledge that all descriptions of the Products are based on descriptions provided by Suppliers and Foodbomb makes no representations and accepts no liability for Products which fail to correspond with any descriptions of Products provided by Suppliers.
Important Legal Notice
These additional terms (“Supplier Terms”) will apply where you are supplying Products through our Website. By supplying Products via our Website (whether now or in the future), you agree to be bound by these Supplier Terms. These Supplier Terms should be read in conjunction with our Terms and Conditions.
Registration of Account for Access
Most of our Website is open and accessible without an account. However, any offer or advertisement for the sale of Products can only be made with a supplier account.
You may register a supplier account with us. When registering an account, we may require you to provide:
- your personal/ company 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 our Terms and Conditions, including these Supplier 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 supplier 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 account, you may list your Products on our 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
- transportation costs (estimate only)
Receiving Your Order
After an order is submitted, we will notify you via email of the Order. We will provide you with all information necessary to complete the Order.
It is your responsibility to ensure the Products are delivered safely, within the time estimated and that the Products are fully insured during their delivery. We take no responsibility for the delivery of your Products to the Customer.
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.
We will charge you the following fees for our services
|FEES||HOW IS IT CALCULATED||WHEN IS IT PAYABLE|
|Commission||A percentage 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 from the Customer to you – we will deduct the purchase 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, 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 must immediately repay such amount and 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.
The Website is a venue which allows you to advertise your Product for sale. The agreement to supply and purchase Products is a contractual arrangement directly between you and the Customer.
Foodbomb does not act as your agent in relation to the Products you advertise for sale on our Website. We are not a party to any contractual relationship between you and a Customer or any other third party, even if our Website facilitates an Order for your Products. You rely on information provided by a Customer resulting from the provision of our Services or your use of our Website entirely at your own risk and we will not be responsible for the terms of any transaction between you and any Customer, or for resolving any dispute between you and any Customer.
In addition to any other rights we may have, we may refuse, revoke or suspend at any time at our absolute discretion including but not limited to circumstances access to our Website or our Services where:
- your listings of Products on our Website contain any material that infringes any law, applicable regulations or the rights of any person or entity, including any copyright, trade secret, privacy right or any other intellectual property or proprietary right;
- you are supplying information or materials which are in our sule opinion, not reasonable and not for the purpose in which our Website is made available;
- you are supplying misleading or inaccurate descriptions of your Products;
- you engage in conduct which is unethical;
- you are in material breach of our Terms and Condition, including these Supplier Terms;
- you use a false identity; or
- you otherwise misuse our system or communication platform on our Website.