Website terms & conditions of use

eatable.net

1. About the Website

1.1. Welcome to https://www.eatable.net.au (the 'Website'). The Website provides

you with an opportunity to browse and purchase various products that have

been listed for sale through the Website (the 'Products'). The Website

provides this service by way of granting you access to the content on the

Website (the 'Purchase Services').

1.2. The Website is operated by eatable.net . Access to and use of the Website, or

any of its associated Products or Services, is provided by eatable.net. Please

read these terms and conditions (the 'Terms') carefully. By using, browsing

and/or reading the Website, this signifies that you have read, understood and

agree to be bound by the Terms. If you do not agree with the Terms, you must

cease usage of the Website, or any of Services, immediately.

1.3. eatable.net reserves the right to review and change any of the Terms by

updating this page at its sole discretion. When eatable.net updates the Terms,

it will use reasonable endeavours to provide you with notice of updates to the

Terms. Any changes to the Terms take immediate effect from the date of their

publication. Before you continue, we recommend you keep a copy of the Terms

for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by eatable.net in the user interface.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of

the Website. As part of the registration process, or as part of your continued

use of the Purchase Services, you may be required to provide personal

information about yourself (such as identification or contact details), including:

(a) Email address

3.2. You warrant that any information you give to eatable.net in the course of

completing the registration process will always be accurate, correct and up to

date.

3.3. 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. As a

Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with eatable.net; or

(b) you are a person barred from receiving the Purchase Services under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

password and/or email address. Use of your password by any other

person may result in the immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify eatable.net of

any unauthorised use of your password or email address or any breach of

security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of eatable.net

providing the Purchase Services;

(f) you will not use the Purchase Services or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members

by electronic or other means for the purpose of sending unsolicited email

or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Purchase Services. Appropriate legal action will

be taken by eatable.net for any illegal or unauthorised use of the Website;

and

(h) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website,

you will agree to the payment of the purchase price listed on the Website for

the Product (the 'Purchase Price').

5.2. Payment of the Purchase Price may be made through Stripe (the 'Payment

Gateway Provider')

In using the Purchase Services, you warrant that you have familiarised yourself

with, and agree to be bound by, the applicable Terms and Conditions of Use,

Gateway Providers.

5.3. Following payment of the Purchase Price being confirmed by eatable.net, you

will be issued with a receipt to confirm that the payment has been received and

eatable.net may record your purchase details for future use.

5.4. eatable.net may, at their sole discretion, provide a refund on the return of the

Products within 21 days days where the Product packaging is unopened and

remains in a saleable condition. You acknowledge and agree that you are liable

for any postage and shipping costs associated with any refund pursuant to this

clause.

6. Warranty

6.1. eatable.net's Products come with guarantees that cannot be excluded under

the Australian Consumer Law. You are entitled to a replacement or refund for a

major failure of the Product and compensation for any other reasonably

foreseeable loss or damage. You are also entitled to have the Products

repaired or replaced if the Products fail to be of acceptable quality and the

failure does not amount to a major failure (the 'Warranty').

6.2. You may make a claim under this clause (the ' Warranty Claim') for material

defects and workmanship in the Products within 30 days from the date of

purchase (the ' Warranty Period').

6.3. In order to make a Warranty Claim during the Warranty Period, you must

provide proof of purchase to eatable.net showing the date of purchase of the

Products, provide a description of the Products and the price paid for the

Products by sending written notice to eatable.net at ...... or by email at

hello@eatable.net.au.

6.4. Where the Warranty Claim is accepted then eatable.net will, at its sole

discretion, either repair or replace any defective Products or part thereof with a

new or remanufactured equivalent during the Warranty Period at no charge to

you for parts or labour. You acknowledge and agree that you will be solely

liable for any postage or shipping costs incurred in facilitating the Warranty

Claim.

6.5. The Warranty shall be the sole and exclusive warranty granted by eatable.net

and shall be the sole and exclusive remedy available to you in addition to other

rights and under a law in relation to the Products to which this warranty relates.

6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products nor

to the additional excluded items set forth below nor to any supplied Products

where the exterior of which has been damaged or defaced, which has been

subjected to misuse, abnormal service or handling, or which has been altered

or modified in design or construction.

7. Delivery

7.1. You acknowledge that the Purchase Services offered by eatable.net integrate

delivery (the ' Delivery Services') through the use of third party delivery

companies (the ' Delivery Service Providers').

7.2. In providing the Purchase Services, eatable.net may provide you with a variety

of delivery and insurance options offered as part of the Delivery Services by the

Delivery Service Providers. You acknowledge and agree that eatable.net is not

the provider of these delivery and insurance options and merely facilitates your

interaction with the Delivery Service Providers in respect to providing the

Delivery Services.

7.3. In the event that an item is lost or damaged in the course of the Delivery

Services, eatable.net asks that you:

(a) contact the Delivery Service Provider directly to request a refund or to

claim on any insurance options available; and

(b) contact us by sending an email to hello@eatable.net.au outlining in what

way the Products were damaged in transit so we are able to determine if

the Delivery Service Provider should be removed from the Purchase

Services.

8. Copyright and Intellectual Property

8.1. The Website, the Purchase Services and all of the related products of

eatable.net are subject to copyright. The material on the Website is protected

by copyright under the laws of Australia and through international treaties.

Unless otherwise indicated, all rights (including copyright) in the site content

and compilation of the website (including text, graphics, logos, button icons,

video images, audio clips and software) (the 'Content') are owned or

controlled for these purposes, and are reserved by eatable.net or its

contributors.

8.2. eatable.net retains all rights, title and interest in and to the Website and all

related content. Nothing you do on or in relation to the Website will transfer to

you:

(a) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of eatable.net; or

(b) the right to use or exploit a business name, trading name, domain name,

trade mark or industrial design; or

8.3. You may not, without the prior written permission of eatable.net and the

permission of any other relevant rights owners: broadcast, republish, up-load to

a third party, transmit, post, distribute, show or play in public, adapt or change

in any way the Content or third party content for any purpose. This prohibition

does not extend to materials on the Website, which are freely available for reuse

or are in the public domain.

9. Privacy

eatable.net takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to eatable.net's Privacy Policy, which is available on the Website.

10. General Disclaimer

10.1. You acknowledge that eatable.net does not make any terms, guarantees,

warranties, representations or conditions whatsoever regarding the Products

other than provided for pursuant to these Terms.

10.2. eatable.net will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may

differ from what is displayed on the Website.

10.3. Nothing in these Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the

Australian Consumer Law (or any liability under them) which by law may not be

limited or excluded.

10.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in these Terms are excluded; and

(b) eatable.net will not be liable for any special, indirect or consequential loss

or damage (unless such loss or damage is reasonably foreseeable

resulting from our failure to meet an applicable Consumer Guarantee),

loss of profit or opportunity, or damage to goodwill arising out of or in

connection with the Purchase Services or these Terms (including as a

result of not being able to use the Purchase Services or the late supply of

the Purchase Services), whether at common law, under contract, tort

(including negligence), in equity, pursuant to statute or otherwise.

10.5. Use of the Website, the Purchase Services, and any of the products of

eatable.net (including the Delivery Services), is at your own risk. Everything on

the Website, the Purchase Services, and the Products of eatable.net, are

provided to you on an "as is" and "as available" basis, without warranty or

condition of any kind. None of the affiliates, directors, officers, employees,

agents, contributors, third party content providers or licensors of eatable.net

(including any third party where the Delivery Services are made available to

you) make any express or implied representation or warranty about its Content

or any products or Purchase Services (including the products or Purchase

Services of eatable.net) referred to on the Website. This includes (but is not

restricted to) loss or damage you might suffer as a result of any of the

following:

(a) failure of performance, error, omission, interruption, deletion, defect,

failure to correct defects, delay in operation or transmission, computer

virus or other harmful component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third

party material and advertisements on the Website);

or any of the Products;

(d) the Content or operation in respect to links which are provided for the

User's convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

11.1. eatable.net's total liability arising out of or in connection with the Purchase

Services or these Terms, however arising, including under contract, tort

(including negligence), in equity, under statute or otherwise, will not exceed the

most recent Purchase Price paid by you under these Terms or where you have

not paid the Purchase Price, then the total liability of eatable.net is the resupply

of information or Purchase Services to you.

11.2. You expressly understand and agree that eatable.net, its affiliates, employees,

agents, contributors, third party content providers and licensors shall not be

liable to you for any direct, indirect, incidental, special consequential or

exemplary damages which may be incurred by you, however caused and

under any theory of liability. This shall include, but is not limited to, any loss of

profit (whether incurred directly or indirectly), any loss of goodwill or business

reputation and any other intangible loss.

11.3. eatable.net is not responsible or liable in any manner for any site content

(including the Content and Third Party Content) posted on the Website or in

connection with the Purchase Services, whether posted or caused by users of

the website of eatable.net, by third parties or by any of the Purchase Services

offered by eatable.net.

11.4. You acknowledge that eatable.net does not provide the Delivery Services to

you and you agree that eatable.net will not be liable to you for any special,

indirect or consequential loss or damage, loss of profit or opportunity, or

damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or by

eatable.net as set out below.

12.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to eatable.net via the 'Contact Us' link on

our homepage.

(a) notifying eatable.net at any time; and

(b) closing your accounts for all of the Purchase Services which you use,

where eatable.net has made this option available to you.

12.3. eatable.net may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) eatable.net is required to do so by law;

has terminated its relationship with eatable.net or ceased to offer the

Purchase Services to you;

(d) eatable.net is transitioning to no longer providing the Purchase Services to

Users in the country in which you are resident or from which you use the

service; or

(e) the provision of the Purchase Services to you by eatable.net is, in the

opinion of eatable.net, no longer commercially viable.

12.4. Subject to local applicable laws, eatable.net reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny,

in its sole discretion, your access to all or any portion of the Website or the

Purchase Services without notice if you breach any provision of the Terms or

any applicable law or if your conduct impacts eatable.net's name or reputation

or violates the rights of those of another party.

12.5. When the Terms come to an end, all of the legal rights, obligations and

liabilities that you and eatable.net have benefited from, been subject to (or

which have accrued over time whilst the Terms have been in force) or which

are expressed to continue indefinitely, shall be unaffected by this cessation,

and the provisions of this clause shall continue to apply to such rights,

obligations and liabilities indefinitely.

13. Indemnity

13.1. You agree to indemnify eatable.net, its affiliates, employees, agents,

contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered

or arising out of or in connection with any Content you post through the

Website;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so and any breach by you or your agents

of these Terms; and/or

14. Dispute Resolution

14.1. Compulsory:

If a dispute arises out of or relates to the Terms, 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).

14.2. Notice:

A party to the Terms 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.

14.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the

Dispute expeditiously by negotiation or such other means upon which they

may mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the Australian Mediation Association or his

or her nominee;

mediator and the cost of the venue of the mediation and without limiting

the foregoing undertake to pay any amounts requested by the mediator as

a pre-condition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(d) The mediation will be held in Sydney, Australia.

14.4. Confidential

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 the

purpose of applicable laws of evidence.

14.5. Termination of Mediation:

If 14 days have elapsed after the start of a mediation of the Dispute and the

Dispute has not been resolved, either Party may ask the mediator to terminate

the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Purchase Services offered by eatable.net is 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.

16. Governing Law

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.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having 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.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

30.10.20

Website terms & conditions of use

eatable.net

​