In order to use eFarmersMarket.com.au you must read and agree to our Terms & Conditions. They are for your protection and outline our obligations to you, the client.
Terms & Conditions
Last updated 1st April 2011
This Website is owned and operated by eFarmers Market Pty Ltd (ABN 37 148 148 127), trading as eFarmersMarket.
The following Terms and Conditions govern the use of the eFarmersMarket.com.au (the "Website"), the materials and information contained therein and related services made available to you via this Website. By clicking on the "I Accept" button on checkout you agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not visit or use the Website. eFarmersMarket.com.au may from time to time change this Website (including these Terms & Conditions of use). Please read these Terms & Conditions and re-read before subsequent use. In the event of change(s) to these Terms & Conditions that you do not agree with you must immediately stop using the Website.
General Disclaimer
eFarmersMarket.com.au, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Website or a linked third party website (Linked Website). This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Exclusion of Liability and Overall Disclaimer
The materials and information provided on this Website and related communications are provided on an "as is" basis. eFarmersMarket.com.au assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Website. Any reference to products or services on this Website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by eFarmersMarket.com.au. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), eFarmersMarket.com.au expressly disclaims any implied or expressed warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Website. eFarmersMarket.com.au shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Website, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if eFarmersMarket.com.au is expressly advised of the possibility of such loss or damages.
The Terms & Conditions are effective until terminated by eFarmersMarket.com.au and eFarmersMarket.com.au may terminate this agreement and your access to the Website at any time without notice. In the event of termination you are no longer authorised to access the Website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Order, Delivery and Returns Policy
If an order is placed in error eFarmersMarket.com.au charge a refund fee of $2.00 which covers the merchant's charges to us.
For photographic purposes we may have used props in photographs.
In the event an item is not available we will replace that item with one of similar characteristics and of equal or greater value.
All delivery requests are approximations only. While we endeavour to deliver by the date requested, this is not always possible due to unforseen circumstances. You agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel an order.
Orders will not be despatched until payment is received in full by eFarmersMarket.com.au.
All cancellation of orders must be done no later than 48 hours prior to delivery. We do not accept cancellations under any circumstances once the order has left our premises.
All boxes are packaged with care and safety in mind to avoid damage or breakage. In the event a product is delivered damaged/faulty please inform a eFarmersMarket.com.au within 5 days of delivery. We are more than happy to replace that item once it has been posted back to us and deemed faulty/damaged. A replacement item will then be promptly posted back to the recipient.
Please enter all delivery details carefully. Inaccurate or misspelt delivery information often results in delays in delivery. If eFarmersMarket.com.au is charged a re-delivery fee by one of our couriers because of inaccurate delivery details, that charge will be passed onto you.
It is your responsibility to inform us immediately if an order has not arrived. We will then endeavor to track that order with our couriers and have it delivered as soon as possible.
We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place. This includes loss or damage resulting from delivery to unattended addresses whereby the sender has opted to have the box left at front/back door if no one is home.
Should you have any problems relating to your purchase, please contact us within 5 days of delivery or expected delivery of your order, at which time we will attempt to resolve your issue within a reasonable period of time.
Privacy Policy
It is your responsibility to read and familiarise yourself with the eFarmersMarket.com.au Privacy Policy. To do this, go to the FAQs page and click on the provided link. You must not use this site if you are under the age of 18 without the consent of your parent or guardian who must read and agree to the eFarmersMarket.com.au Privacy Policy and Terms &Conditions.
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect eFarmersMarket.com.au or its users.
We shall share your personal data with companies and organisations in order to enable us to perform credit checks and you hereby consent to us so doing.
You should not send any information or material that you consider to be confidential or proprietary, to eFarmersMarket.com.au or any other person, through this Website. Any information or material sent to eFarmersMarket.com.au at, or through this Website, is deemed to not be confidential. You are deemed to grant to eFarmersMarket.com.au an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Website. eFarmersMarket.com.au is free to use any ideas, concepts, know-how or techniques that you send to eFarmersMarket.com.au, for any purpose.
Use of this Website
You will be required to register to use some of the features on this Website. We may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your this information change, please notify us immediately.
Copyright
You must comply with all proprietary and copyright notices on this Website. This Website is owned by eFarmersMarket.com.au and its associates, and subject to copyright. The information on this Website is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
(a) Copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Website;
(b) Alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Website which can be accessed through this Website; or
(c) Use or apply, for commercial purposes any material or information on this Website, without the prior written consent of eFarmersMarket.com.au .
Any software which you download from this Website is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by downloading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
All trademarks, brands and names appearing on this Website are the property of their respective owners.
Nothing contained on this Website should be construed as granting any licence or right of use of any trademark or part of any trade mark displayed on the Website without the express written permission of eFarmersMarket.com.au or third party owner.
Your Activity
You use this Website at your sole risk. You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on this Website. We reserve the right to deny you access to this Website, or any part of this Website, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Website on a temporary or permanent basis and any decision to do so is final.
Links and Third Party Representation on this Website
eFarmersMarket.com.au makes no representations or warranties about any other website which you may access through this Website ("Other Website"). When you access an Other Website, that Other Website is independent from this Site, and eFarmersMarket.com.au has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Website. Other Websites are not under the control of eFarmersMarket.com.au, and eFarmersMarket.com.au is not responsible for the accuracy of any information on any Other Website. eFarmersMarket.com.au does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Website is free from viruses, worms, trojan horses and other material of a destructive nature.
eFarmersMarket.com.au will not monitor or review statements made by persons other than eFarmersMarket.com.au ("Third Parties") on this Website. Third Parties may post statements or information relating to items offered for sale by Third Parties on some portion of this Site, from time to time ("Third Party Posted Material"). eFarmersMarket.com.au makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. eFarmersMarket.com.au expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, eFarmersMarket.com.au is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Website, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if eFarmersMarket.com.au has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified eFarmersMarket.com.au in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
Subject to any non-excludable provisions of the Trade Practices Act, 1974, eFarmersMarket.com.au disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Website, or offered for sale on this Website by any Third Party.
Product information in relation to products referred to in this Website has been provided by the respective manufacturers of the relevant products. Product information and illustrations is published with the permission of the relevant manufacturer and/or owner of that product.
Governing Law
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
Nothing contained in these Terms and Conditions derogates from eFarmersMarket.com.au's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by MCW with respect to that use.
In General
In this Website:
"eFarmersMarket.com.au" means eFarmers Market Pty Ltd (ABN 37 148 148 127).
"Other Website" means websites of persons or entities other than eFarmersMarket.com.au which are linked to and from this Website.
"Your Information" means any information from which your identity is apparent or can be reasonably be ascertained.
"Website" means the whole or any part of the web pages located at eFarmersMarket.com.au (including the lay-out of this Website, individual elements of the Website design, underlying code elements of this Website, or text, sounds, graphics, animated elements or any other content of this Website.)
"We", "us" and “our” refer to eFarmersMarket.com.au.
"Third Parties" means persons or entities represented on the Website other than eFarmersMarket.com.au .
"Third Party Posted Material" means posted statements, information relating to items or items offered for sale by Third Parties on some portion of this Website.
eFarmers Market Pty Ltd
41/93-97 Newton Road
Wetherill Park NSW 2164
p: 1300 881 607 or + 61 2 9757 2811 for international calls
f: +61 2 9757 2818
e: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
www.eFarmersMarket.com.au
© 2011 www.eFarmersMarket.com.au. All Rights Reserved.
Not to be reproduced. All third party trademarks mentioned or displayed on this Website are the property of their respective owners.
