WEBSITE TERMS OF USE

Peattie Enterprises Pty Ltd as trustee for The Peattie Enterprises Trust trading as Farm Gate Market (ABN 89 229 380 172)(FGM/Us/We) owns and operates the website located at www.farmgatemarket/drivethru.com.au (Website). Access to and use of this Website is and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. 

1            Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

2            How the Website operates

2.1       As the operator of the Website, FGM is acting as a selling agent on behalf of FGM Producers through which third party buyers can purchase goods.

2.2       Except as expressly set out in the Terms of Use or otherwise required by law (including, without limitation, the Australian Consumer Law), FGM does not have any responsibility or liability in connection with the quality of the goods listed on behalf of third party sellers.   

3            Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

4             Your Account

4.1       In order to use the Services, you need to create an account.

4.2       To open an account, you need to:

(a)        be over 18 years of age;

(b)        provide accurate information; and

(c)         answer all questions asked by us truthfully and completely.

4.3       You will be responsible for your account and all activity on it including any access by a third party using your log in details.

4.4       If you are creating an account on behalf of a business entity, you guarantee that you have the authority to agree to these Terms on behalf of the business entity.

4.5       You must not misuse this Website. You will not:

(a)        commit or encourage a criminal offense;

(b)        transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(c)         hack into any aspect of the Service; corrupt data; cause annoyance to other users;

(d)        infringe upon the rights of any other person’s proprietary rights;

(e)        send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

(f)          attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

4.6       We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

5            Privacy policy

Our privacy policy, which sets out how we will use your information, can be found under our PRIVACY POLICY. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

6            Prohibitions

6.1       You must not violate any laws (state, federal or international) in connection with your use of the Services.

6.2       Without limiting the foregoing, you must:

(a)        not engage in fraud, theft, anti-competitive conduct, threatening conduct or other unlawful acts or crimes;

(b)        pay for all Goods you buy via the Services;

(c)         pay any applicable taxes for any Goods and delivery services you buy via the Services;

(d)        not interfere with or disrupt the Services;

(e)        not use the name “Farm Gate Market” of “Farm Gate Market Drive Thru” or any other of our marks, phrases, logos or designs which we use in connection with the Services without our prior written consent;

(f)          not attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Services;

(g)        not create derivative works of the Services of any kind whatsoever;

(h)        not publish or link to offensive, objectionable or malicious content (including content that may damage or interfere with browsers or privacy);

(i)          not access, tamper with or use non-public systems of the Services (including our systems and the technical delivery systems to our providers and/or users);

(j)          not probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures (including features designed to prevent and/or restrict the use and/or copying of software);

(k)         not access or search (or attempt to) the Services by any means (automated or otherwise) other than through the currently available published interface we provide;

(l)          not use our Services for spamming;

(m)      not use web crawler software on the Services without our prior written consent (which may be withheld in our absolute discretion);

(n)        not use web scraping software on the Services without our prior written consent (which may be withheld in our absolute discretion);

(o)        not forge TCP/IP information;

(p)        not interfere with or disrupt (or attempt to do so) user, host, network or third party provider access to the Services (including without limitation by sending a virus, overloading, flooding, spamming, mail bombing or scripting user content in a manner which interferes with the Services); and

(q)        not use the Services except for their intended purpose, as determined by us, from time to time.

Breaching this provision would constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

7            Payment Methods

7.1       You must pay the fees and charges online using the online payment methods in clause.

7.2       We accept the following credit cards:

(a)        Visa;

(b)        Visa Debit;

(c)         MasterCard; and

(d)        MasterCard Debit.

7.3       Payment by cheque or cash on delivery is not accepted under any circumstances.

7.4       If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of this and cancel your order.

7.5       You authorise FGM to debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges.

7.6       You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

8            The sale of Restricted Products – Liquor products

8.1       All Orders that we accept for liquor products are only accepted, processed and distributed by us from, and are transmitted from,104 Bathurst Street, Hobart. The Orders and any acceptance or agreement are subject to our obligations under the Liquor Licensing Act 1990 (Tas) that regulates the sale, supply, promotion and consumption of liquor in and our obligations to comply with responsible service of alcohol obligations.  Special Permit 90507.

8.2       You:

(a)        acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years; and

(b)        warrant that you are over 18 years of age and are not obtaining alcohol (including liquor Products) on behalf of a person under the age of 18 years.

8.3        An order limit of 2 units per customer applies to sales of beer, wine and cider.

9            Minimum and maximum amounts in each Order

9.1       Unless otherwise indicated on the Site:

(a)        Some items have a limit on the number you are permitted to purchase. We will inform you of these limits on the Site when you place the Order or within a reasonable time after you submit your Order; and

(b)        the minimum purchase amount for each Order is fifty dollars ($50.00) excluding GST.

9.2       You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item or items you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order.

9.3       If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.

10         Acceptance or rejection of an Order

10.1   We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.

10.2   Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these terms and conditions.

10.3   If we reject an Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

11         Risk and title

Risk in the Products passes to you on the date and time of collection from the Farm Gate Market Drive Thru location. 

12         Returns and substitutions

12.1   If you wish to return a Product that was provided to you under these terms and conditions, because it is defective, then you may contact us at farmgatemarket@peattie.events for a refund.

12.2   Substitution of any items in packages, vegetables boxes or bundles is not permitted.

13         Service and Prices

13.1   Prices for the products or produce or both listed on the Website are subject to change without notice.

13.2   We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

13.3   We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of service.

14         Errors, inaccuracies and omissions

14.1   Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

14.2   We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

14.3   No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15         Disclaimer of Warranties; Limitation of Liability

15.1   We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

15.2   We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

15.3   You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

15.4   You expressly agree that your use of, or inability to use, the service is at your sole risk.

15.5   The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

15.6   In no case shall FGM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

15.7   Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

16         Indemnification

You agree to indemnify, defend and hold harmless FGM and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17         Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18         Variation

FGM must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.

19         Termination

19.1   The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

19.2   These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

19.3   If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

20         Entire Agreement

20.1   The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

20.2   These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

20.3   Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.