T & C’s


1. Introduction
2. Credit
3. Copyright notice
4. Licence to use website
5. Acceptable use
6. Registration and accounts
7. User login details
8. Cancellation and suspension of account
9. Your content: licence
10. Your content: rules
11. Limited warranties
12. Limitations and exclusions of liability
13. Breaches of these terms and conditions
14. Orders
15. Payment
16. Cancellation by us
17. Cancellation by you
18. Refunds, returns and exchanges
19. Discounts and promotions
20. Order delivery
21. Variation
22. Assignment
23. Severability
24. Third party rights
25. Entire agreement
26. Law and jurisdiction
27. Statutory and regulatory disclosures
28. Our details

 

1. Introduction

1.1   These terms and conditions shall govern the use of our website.

1.2   By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3   If you register an account with our website, submit any material to our website, or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4   You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age or have parental consent to use our products and services.

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2. Credit

2.1   This document was created using a template from SEQ Legal (https://seqlegal.com).

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3. Copyright notice

3.1   Copyright (c) 2018 Green Fork Foods.

3.2   Subject to the express provisions of these terms and conditions:

(a)   we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)   all the copyright and other intellectual property rights in our website and the material on our website are reserved.

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4. License to use website

4.1   You may:

(a)   view pages from our website in a web browser;

(b)   download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)   use our website services by means of a web browser,

4.2   Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3   You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

4.4   Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5   Unless you own or control the relevant rights in the material, you must not:

(a)   republish material from our website (including republication on another website);

(b)   sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)   exploit material from our website for a commercial purpose; or

(e)   redistribute material from our website.

4.6   Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7   We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

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5. Acceptable use

5.1   You must not:

(a)   use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)   use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)   conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)   access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2   You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3   You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

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6. Registration and accounts

6.1   To be eligible for an account on our website under this Section 6, you must be 18 years of age or above, or have parental consent to create an account.

6.2   You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3   You must not allow any other person to use your account to access the website.

6.4   You must notify us via email or phone immediately if you become aware of any unauthorised use of your account.

6.5   You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

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7. User login details

7.1   If you register for an account with our website, a user ID will be generated from your email and you will be asked to choose a password.

7.2   Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3   You must keep your password confidential.

7.4   You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

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8. Cancellation and suspension of account

8.1   We may cancel your account at any time in our sole discretion without notice or explanation in accordance with Section 9.

8.2   You may cancel your account on our website at any time.

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9. Your content: license

9.1   In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2   You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.3   You may edit your content to the extent permitted using the editing functionality made available on our website.

9.4   Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete or unpublish any or all of your content.

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10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)   be libellous or maliciously false;

(b)   be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)   infringe any right of confidence, right of privacy or right under data protection legislation;

(e)   constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)   be in contempt of any court, or in breach of any court order;

(h)   be in breach of racial or religious hatred or discrimination legislation;

(i)    be in breach of official secrets legislation;

(j)    be in breach of any contractual obligation owed to any person;

(k)   depict violence in an explicit, graphic or gratuitous manner;

(l)    be pornographic, lewd, suggestive or sexually explicit;

(m)  be untrue, false, inaccurate or misleading;

(n)   consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(o)   constitute spam;

(p)   be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

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11. Limited warranties

11.1 We do not warrant or represent:

(a)   the completeness or accuracy of the information published on our website;

(b)   that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

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12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a)   limit or exclude any liability for death or personal injury resulting from negligence;

(b)   limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)   exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)   are subject to Section 12.1; and

(b)   govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

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13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)   send you one or more formal warnings;

(b)   temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)   commence legal action against you, whether for breach of contract or otherwise; and/or

(e)   suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

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14. Orders

14.1 Any order placed by you from this website is an offer by you to purchase a particular product or service for the stated price (including delivery and other charges) specified in this website at the time you place your order.

14.2 We reserve the right to accept or reject your offer for any reason, such as the unavailability of any product or service, an error in the price of the product or service or an error in your order. As there may be reasons why we cannot fulfil your order, your contract with us will only come into existence when we advise you that we have accepted your order and receipt of your payment has been confirmed.

14.3 Prices of goods and services and delivery and other charges displayed on the Green Fork Foods website are current at the time of display. These prices are subject to variation without notice. All transactions are in Australian Dollars (AUD). We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

14.4 The prices displayed will be the total purchase price, inclusive of GST.

14.5 Product images on the website may vary:

(a)   from time to time;

(b)   as a result of the customer’s device monitor or screen;

(c)   from the actual product (as a result of packaging).

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15. Payment

15.1 Please note Green Fork Foods processes all payments via Paypal, and therefore accepts all forms of credit and debit card transactions.

15.2 At the end of the payment process you will be presented with a receipt on-screen containing your order number. This order number should be quoted for any enquiries you may have relating to your order. The page can be printed for your reference. You will receive from Green Fork Foods a tax invoice/receipt for taxation purposes in the mail or via email.

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16. Cancellation by us

16.1 We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

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17. Cancellation by you

17.1 If you need to cancel an order, please contact us immediately:

(a)   using our website contact form;

(b)   by telephone, on the contact number published on our website from time to time; or

(c)    by email, using info@greenforkfoods.com.au

17.2 Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

17.3 Orders cannot be cancelled after delivery has been accepted.

17.4 Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Section 18.

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18. Refunds, returns and exchanges

18.1 Refunds may be granted at the sole discretion of Green Fork Foods and only in the case of the product/products ordered does/do not conform to acceptable standards of food safety and product quality.

18.2 For a refund to be granted, the customer must:

(a)   provide the order confirmation email for the order in question;

(b)   retain all products of the order in question for further investigation;

(c)   notify Green Fork Foods within 4 weeks of delivery date of order via email, using info@greenforkfoods.com.au;

(d)   provide evidence of below standard quality within 4 weeks of delivery date;

(e)   provide evidence of below standard quality timestamped within 4 weeks of the date of delivery;

(f)   certify the request for refund is not deceptive or fraudulent;

(g)   allow for the recovery of disputed order within 48 hours of requesting refund.

18.3 If a refund is granted, a confirmation email will be sent to the customer and the purchase price of the order will be refunded to the customer via the original payment method within 5 business days of approval.

18.4 Returns will not incur any additional charge and may be eligible for product exchange at the sole discretion of Green Fork Foods permitted by Section 18.5 and Section 18.6 or a refund on the order permitted by Section 18.2.

18.5 Product exchange may be granted at the sole discretion of Green Fork Foods only in the case of the product/products ordered does/do not conform to acceptable standards of food safety and product quality. Product exchange will not be granted for the following cases:

(a)   customer changes mind after delivery;

(b)   product expires after the delivery date;

(c)   customer is unable to provide original product for exchange

18.6 For an exchange to be granted, the customer must:

(a)   provide the order confirmation email for the order or product(s) in question;

(b)   retain all products in question for further investigation;

(c)   notify Green Fork Foods within 4 weeks of delivery date of order via email, using info@greenforkfoods.com.au;

(d)   provide evidence of below standard quality within 4 weeks delivery date;

(e)   provide evidence of below standard quality timestamped within 2 weeks of the date of delivery;

(f)   certify the request for exchange is not deceptive or fraudulent;

(g)   allow for the recovery of disputed order or product(s) within 48 hours of requesting exchange.

18.7 If an exchange is granted, a confirmation email will be sent to the customer with instructions for selecting replacement products.

18.8 Product exchanges will not incur any additional charges related to product recovery or the shipping of replacement products.

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19. Discounts and promotions

19.1 Discounts are not to be used in conjunction with any other offer.

19.2 Unless otherwise stated, all discounts, vouchers, or codes must be redeemed within one calendar month from distribution.

19.3 All promotional validity dates are specified on the adverts, coupons or leaflets, please refer to the summary terms on these pieces of artwork for exact and further information specific to that promotion and its promotional period.

19.4 Discounts, vouchers or codes cannot be exchanged for cash or any other alternatives and have no monetary value.

19.5 Cancelled orders will invalidate the use of that code on an account.

19.6 Unless otherwise stated, all discounts, vouchers, or codes can only be used once per user.

19.7 All discounts, vouchers and codes can only be used on one order, any remaining credit from that discount, voucher or code cannot be carried forward to any additional or subsequent orders.

19.8 Discounts, vouchers or codes may be provided on a customer service basis and may be applied to the customer’s account in the form of credit which has to be used in one order.

19.9 Any attempt to manipulate the system and use of discounts, vouchers or codes by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means or other automated means (including systems which can be programmed to enter), will render the order and use of that discount, voucher or code invalid and may potentially lead to that account being closed down.

19.10 If for any reason a discount, voucher or code becomes invalid due to technical failures or any other causes beyond the control of the Green Fork Foods, or a meal becomes unavailable or changes, Green Fork Foods reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the campaign that is related to that discount, voucher or code and not re-issue any additional discounts, vouchers or codes to affected customers.

19.11 Green Fork Foods reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.

19.12 Discount: Preorder. This offer is valid until 21 May 2018. To receive 10% off of cart, discount code ‘preorder’ must be entered at checkout and user must be logged in. Minimum total order value must be $49.99 (inc. GST) before discount is applied.

19.3 Promotional product: Introductory Offer. This product offer is valid until 1 June 2018. This product promotion cannot be used in conjunction with any other promotion, discount, or code. Discounts or codes applied to cart during checkout will not affect the price of the ‘Introductory Offer’.

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20. Order delivery

20.1 Orders will be delivered on the specified day(s) of the week determined on the checkout page.

20.2 Orders will require customer signature upon delivery. Failure to sign for the order will result in the order returning to our distribution warehouse. Additional delivery charges may apply.

20.3 Delivery of orders outside of specified delivery hours will be subject to the discretion of Green Fork Foods and will incur additional delivery charges.

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21. Variation

21.1 We may revise these terms and conditions from time to time.

21.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

21.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

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22. Assignment

22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

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23. Severability

23.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

23.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

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24. Third party rights

24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

24.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

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25. Entire agreement

25.1 Subject to Section 12.1, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

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26. Law and jurisdiction

26.1 These terms and conditions shall be governed by and construed in accordance with Australian law.

26.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Western Australia.

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27. Statutory and regulatory disclosures

27.1 We are registered in the Australian Securities and Investment Commission; you can find the online version of the register at http://asic.gov.au/ and our registration number is 26705619286.

27.2 We are subject to the Competition and Consumer Act 2010, which is supervised by the Australian Competition and Consumer Commission.

27.3 We are subject to the Food Safety Standards of Australia and Safe Food Australia standards.

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28. Our details

28.1 This website is owned and operated by Green Fork Foods.

28.2 We are registered in Australia under ABN: 26705619286, and our registered office is at 27 Eudanda Place, Cannington WA, 6107.

28.3 Our principal place of business is at 1/267 Scarborough Beach Road, Mt. Hawthorn WA, 6016.

28.4 You can contact us:

(a)   using our website contact form;

(b)   by telephone, on the contact number published on our website from time to time; or

(c)    by email, using info@greenforkfoods.com.au

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