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Terms and Conditions

1. User agreement www.yourlocalstores.com.au (‘Website’) is a multi-vendor online marketplace for Australian users to have access to local suppliers of a broad range of goods and services including but not limited to fresh produce. The Website also offers promotions and special discounts for these locally-supplied goods and services, from time to time.

This Website is owned and operated by Your Local Stores Pty Ltd ACN 605 042 206 (‘Your Local Stores’, ‘we’, ‘our’, ‘us’). By signing up to, creating a user account, or otherwise accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use this Website.

Vouchers, goods or services sold on this Website may contain additional terms and conditions known as 'Fine Print' that supplement, and are to be read in addition to, these T&C’s. In the event of any inconsistency between the Fine Print and these T&C’s, the Fine Print will prevail.

2. Your Local Stores account

(a) You must create an account to make orders and access some features of the Website. To register an account and use the Website you warrant that you are at least 18 years old and have the capacity to enter into a legally binding agreement with us and the Suppliers. You will provide us with personal information including your name, address, a contact number and email address. You must ensure this information is accurate and current.

(b) You are solely responsible for the activity that occurs on your account (including orders placed using your account and payment methods used), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

(c) You must not use another Your Local Stores user account without our or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).3. Access and use of the Website

(a) You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with all applicable laws, these T&C’s, the Fine Print , and any applicable third party terms and conditions.

(b) You must not (or attempt to):

(i) data mine or conduct automated searches on this Website;

(ii) transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this Website:

(iii) use this Website or any information made available through this Website to send unsolicited emails or other messages without Your Local Stores’ prior written consent;

(iv) use of any automatic device or manual process to monitor or copy any part of the Website;

(v) incorporate any of the content on this Website with any other material, including advertising or promotional material;

(vi) create http links from this Website to any other website on the internet, or frame or mirror this Website; or

(vii) tamper with or make unauthorised modifications to this Website or the content of this Website.

4. Information and images on this Website

(a) Information on this Website is provided by Suppliers, advertisers and other third party sources. Accordingly, Your Local Stores warns you that information on this Website may not be true, accurate, up-to-date, complete and not misleading. Your Local Stores does not invite reliance upon and does not accept responsibility, or liability for information provided within or associated with, this Website. Except as required by law (including Australian Consumer Law) we do not accept responsibility for inaccuracies or errors caused by incorrect information supplied to us or by Suppliers or other third parties.

(b) Goods and services advertised on the Website are indicative only and subject to change without notice. Some goods may differ in visual appearance from the way they appear on the Website or may be created or chosen by us or Suppliers, for promotional purposes, and goods or services offered may not be an exact representation of the goods or services received. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you place an order.

(c) This Website contains links to other websites as a convenience to you. Your Local Stores does not control, endorse, check or approve third party information or information on linked websites. A link to another website does not imply any endorsement of that website or its products or services.

(d) This Website is intended for use by persons located in Australia and we make no representation that any information, materials or functions included in this Website are appropriate for use in any other jurisdiction.

5. Ordering goods and services

(a) Orders placed by you are offers to purchase goods or services from the Supplier in accordance with these T&C’s (and any Suppliers terms and conditions) at the price specified including delivery and other charges.

(b) Goods and services in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.

(c) You must review your order carefully before placing it. You are responsible for all orders on your account, including for any discrepancies or errors in your order caused by you.

(d) We may from time to time offer promotions, special offers or discounts (Offers) on goods or services on our website. You are responsible for ensuring that you read the Fine Print attached to the Offer

and follow any instructions provided, in order to redeem the Offer. A discount code is only valid for a single transaction per address, and may not be used in conjunction with any other promotions, offers or discounts.

(e) Your Local Stores endeavours to deal with reputable Suppliers who provide quality products and services, however the goods and services associated with this Website are supplied by the Supplier of those goods and services and not by Your Local Stores. It is your responsibility to thoroughly check any goods or services ordered through Suppliers on or via this Website, before making an order. All questions regarding goods or services shown on this Website should be directed to the Supplier.

(f) We may reject your order, including in circumstances where we believe there may be a credit card fraud, where the Supplier later becomes unable to ship your order, or if there has been an error in the price or goods or services description on the Website.

(g) After your order is submitted, an order number will be displayed on the screen and we will send the details of this order and subsequent Supplier confirmation of your order by email. If the Supplier is unable to fulfil your order you will receive an email stating that your order has been declined and we will refund your payment using the same method used for making the payment.

 

6. Fees and payment

(a) The prices of goods and services, delivery and other charges shown are in Australian dollars and are current at the time of display, but may be subject to change.

(b) All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold goods or vouchers against your order.

(c) Your Local Stores vouchers may be transferred, assigned or gifted to other persons and may be redeemed by the recipient in accordance with these T&C’s.

7. Delivery of goods

(a) Subject to these T&C’s and unless otherwise stated, the Supplier will supply the goods shown on your order confirmation in accordance with the delivery terms specified by that Supplier and as agreed by you when you purchase the goods or services.

(b) Any Supplier or other third party advertiser or merchant displayed on, or accessible via, this Website is solely responsible to you for the supply and delivery of any goods or services purchased from that third party. You should in the first instance contact the Supplier directly if your order is not received within the timeframe specified or if you have any other issues with delivery of the goods. If you are unable to receive a satisfactory response you should contact us directly and we will attempt to resolve the issue for you.

8. Refunds, returns and replacements

(a) Subject to these T&C’s, we will provide a full refund or credit of any payment received in the event that a Supplier cancels or is unable to fulfil your order.

(b) In the event that a Supplier has supplied the goods or services and:

(i) has chosen to withdraw the goods or services from sale;

(ii) fails to or cannot provide you with the goods or services within the validity period specified in the Fine Print;

(iii) the goods or services are not reasonably fit for the purpose described;

(iv) not of acceptable quality; or

(v) the goods or services are materially different to what was advertised,

then the Supplier will provide you with a refund or replacement in accordance with these T&Cs, the Supplier’s terms and conditions, and your statutory rights. You should, as soon as possible, contact the Supplier directly for your refund or replacement if any of the events in this clause 8(b) arise. If you are unable to receive a satisfactory response from the Supplier, then you should contact us directly and we will attempt to resolve the issue on your behalf.

(c) We will review each claim on a case-by-case basis in accordance with our refund policy and we reserve the right to refuse a refund in certain circumstances. For example, we will not provide a refund or replacement where you simply change your mind or where the goods or services have not been able to be supplied to you within the validity period as a result of your own inaction or conduct.

(d) Refunds will be issued using the payment method used for purchase.

9. Selling goods and services on this Website

(a) If you wish to sell goods or services on this Website you must apply to Your Local Stores by setting up a supplier account and providing your business name, ABN/ACN, email address and other information and contact details that we may reasonably required from time to time.

(b) If we accept your application to sell goods or services on our Website, you must ensure and you warrant that:

(i) Your account information is correct and up to date at all times and is not false, misleading or deceptive.

(ii) Goods and services offered by you on the Website are accurately and correctly represented and are ready and able to be supplied by you (including collection and delivery of the goods) in accordance with all applicable laws and terms and conditions including the Fine Print and these T&C’s.

(iii) You will endeavour at all times to provide quality goods and services and to supply and be responsible for delivery of those goods and services to a standard reasonably expected of a high quality supplier of similar goods and services.

(iv) By promoting, offering and supplying the goods or services, you are not infringing on or in breach of any third party rights including any intellectual property rights.

(c) You accept and agree that we will hold any fees paid for your goods or services for a period of 10 business days or that we may hold such fees until such time as you supply these goods or services, acting reasonably. Payments transferred to you by us under this clause will be less our commission fee and any transaction fees or such other amount as we may notify you of from time to time. You are liable for all other transaction fees including bank, credit card facility and PayPal fees that may apply.

(d) If you fail to supply any goods or services in accordance with the Fine Print and these T&C’s then you acknowledge and accept that you will not be paid for the goods or services and that we will issue a refund on your behalf. Where a refund is given for faulty, broken or damaged goods or where you have otherwise confirmed an order and then you have failed to make available or supply those goods or services, you accept and agree that you are liable for our commission fee and any other reasonable fees or charges that may be incurred in relation to the order and supply including bank, credit facility and PayPal fees and delivery fees.

(e) You accept that we may withdraw you as a Supplier or withdraw any of your goods or services displayed on this Website at any time and without notice to you, acting reasonably.

10. Limitation of liability and disclaimers

(a) We do not warrant, endorse, guarantee or assume responsibility for any goods or services advertised or offered by a Supplier through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and a Supplier.

(b) Where any law provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

(c) Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or these T&C’s (however arising, including negligence).

(d) You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

(e) It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the Supplier to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any order. Your Local Stores accepts no liability in this regard.

11. Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of any these T&C’s, any other applicable terms and conditions including any warranties or any laws.

12. Website Contributions, Privacy and Personal information

(a) Your Local Stores respects your privacy and complies with applicable privacy laws.

(b) By signing up and/or purchasing from this Website, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time.

(c) If you correspond or otherwise communicate with Your Local Stores, you consent to Your Local Stores publishing testimonials on the Website and using your ideas and suggestions for improving the Website including the goods and services supplied therein.

(d) You may only make contributions to this Website to the extent that the Website or Your Local Stores expressly permits. However, you must not leave any contribution on this Website, provide Your Local Stores with content for the Website or permit any information to be displayed on this Website, that is false, inaccurate, misleading, defamatory, obscene, indecent, inflammatory, threatening or harassing or that breaches any third party intellectual property rights or any other law.

(e) You warrant that any contributions you make to the Website, or any content you provide for the Website, will not expose Your Local Stores, its directors, employees, contractors or agents to any liability of any kind.

(f) If you do leave contributions on this Website or provide content for this Website, you grant Your Local Stores a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence (including the right to sub-licence) of the copyright and other intellectual property rights in connection with your contributions or content. Your Local Stores reserves the right to edit or delete any contributions posted, or content submitted for display, on this Website in its absolute discretion.

13. Transfer and Assignment

You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:

(a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and

(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.

14. General

(a) We will not be liable for any delay in performing any of our obligations under these T&C’s if such delay is caused by circumstances beyond our reasonable control.

(b) These T&C’s will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

(c) If any part of these T&C’s is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these T&C’s and the severed part will not affect the validity and enforceability of any remaining provisions.

(d) If we do not exercise or enforce any right or provision under these T&C’s, it will not constitute a waiver of such right or provision. Any waiver of any provision under these T&C’s will only be effective if it is in writing and signed by us.

15. Intellectual Property

(a) © 2015 Your Local Stores Pty Ltd - All rights reserved. Your Local Stores owns or is a licensee of all copyright and other intellectual property in this Website and its content (including, without limitation all information, text, graphic, software, advertisements and trademarks (if any) on this Website (the “Content”). You must not modify, copy, reproduce, republish, frame or create derivative works, upload a third party, post, transmit or distribute the Content in any way except for your own personal, non-commercial, use, information, research or study (but only if you keep all Content intact and in the same form as presented on the Website).

(b) All trademarks appearing on this Website are the property of their respective owners.