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Member Terms

These Terms of Use ('Terms') apply to all Members of this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for our Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time.

Definitions

"Content" means any and all material, links, words, images including but not limited to any goods and services that may be found on our website.

"Delivery Address" means the address for deliver that you specify at the time of placing your order.

"Member" means a member who has registered on our website to receive our Services.

"Product" means food and any other products available to you through our website.

"Services" means our organic food preparation and delivery service.

"the website" means farm2door.co.

"We", "our" and "us" means all directors, employees, contractors and affiliates of farm2door.co.

"You" means the Member engaging our Services and by doing so, agree to these Terms.

Our Services

We are happy to provide you with the Products delivered to your door. In order to use our Services, you acknowledge and agree to our terms below.

Member Accounts

You must register and set up an account in advance in order to access our Services and receive our newsletters, information and any associated services.

Agreement for Member Services

To be eligible to receive our Services, you acknowledge and agree to the following:

Delivery and Storage

We deliver the Products before 6am on the date of your delivery by a third party courier service. In the situation where there is no person present at the Delivery Address at the time of delivery, or you or any person at the Delivery Address fails to accept delivery, the delivery will be placed at your front door or as otherwise provided in your delivery instructions. Responsibility and ownership of the Products transfer to you at the time of delivery at the Delivery Address.

From time to time there may be events outside of our control such as weather, traffic, accidents, disturbances and similar which may cause a delay to the delivery of our Services at the times agreed. We cannot be responsible for such delays and we will notify you as soon as we are able to, of any such delay.

The Products are delivered in delivery boxes that can weigh up to 10kg. You are required to handle the delivery box in a safe and cautious manner so as not to cause damage or injuries to yourself, to another, or to property.

It is your responsibility to ensure that any Products with storage requirements, including refrigeration of perishable items, are attended to in a timely manner and not left in the delivery box.

We also require you to prepare the Products in accordance with our instructions. Any deviation or alteration to these instructions may taint the food or may cause a reaction for which we are not responsible. Please follow our instructions carefully for both storage and preparation.

We cannot be held responsible for any damage, injury or loss that arises from your failure to comply with these delivery and storage requirements.

Refunds, Order Changes and Cancellation

Refunds: We at all times abide by the Australian Consumer Law ('ACL') in relation to the provision of our goods and Services. Please contact us via your Member account with the reason for your refund request and we will provide any refunds in accordance with Australian Consumer law requirements and in our sole discretion.

Changes or Cancellation of Orders: We understand your needs can change from time to time. We will gladly cancel items from your order or your full order and provide you with a credit for the full amount if you notify us by 12pm the day prior to your delivery. If you do or are unable to notify us prior to this time, we can only process your request on a best efforts basis. Please be aware that depending on the timing of your notification and the number of orders we are processing, we may not be able to process your cancellation or change to your order.

Orders that have already been prepared for dispatch with the courier cannot be cancelled and no refund will be available.

Termination: We have the right to terminate your Membership for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your Membership and access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. If you do not make payments for your orders or if you are for any reason abusing our Services, we may terminate your account and our Services. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your subscription and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and we shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your Membership. Any refund may be determined in our sole discretion.

Disclaimer and Allergen Caution

Our food is made with fresh produce but some Products may contain nuts, soy, sesame, eggs, honey or other allergens. We have carefully listed these in the ingredients section of our menus.

We do not make any allergen-free meals and cannot be held responsible for any reactions to any of our food. Before changing your diet, or if you may be concerned about your health or any reaction, we ask that you ensure you consult your physician, dietician, or other health professional.

It is not uncommon to be intolerant to certain grains, nuts or food groups. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking or using any of our products, you find you may have or be experiencing side effects, you should promptly contact your health care provider. We cannot be held responsible for any allergic reaction by any individual as a result of consuming any of our food or products. It is your responsibility to refer to the ingredients listing and consult your health or medical professional prior to changing your diet or if you have any health or other concerns.

General

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

Modification of Website and Content

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

Liability

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, injury, illness, death or damage which may result from your use of our website, the Services or any information contained on it or linked to it.

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on our Services.

ACL: Certain legislation including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Intellectual Property

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of farm2door.co.

All other trademarks or service marks within this website are the property of their respective owners. You own and retain ownership of all of your Content that you contribute to the website, and provide a licence to us to display and reproduce the Content including reviews or feedback that you contribute to our website, excluding personal information. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Governing Law

These Terms of Use are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.