Customer Terms

1. GENERAL

   1. Kiara Cerutti trading as The People’s Pantry ABN 56 269 951 504 is the owner and operator of the Website and Application (‘Platform’).
   2. The Platform enables local farmers and producers to sell their produce and products (‘Products’) online to consumers and to supply their Products through a virtual farmers’ market.
   3. The Platform allows consumers to browse, select and order Products directly from a range of local Producers in one shop.

2. BINDING TERMS

   1. These terms and conditions (‘Terms’) are between Kiara Cerutti trading as The People’s Pantry ABN 56 269 951 504 (‘People’s Pantry’, ‘ we’ or ‘us’) and those that use the Platform to browse, order or purchase Products (‘you’, ‘Customer’) via the Platform (‘Services’).
   2. Please read these Terms carefully before ordering or purchasing Products or using the Services, as submitting an Order constitutes your acceptance of these Terms.
   3. If you do not agree to be bound by the Terms, do not use the Services and do not submit an Order.
   4. By using the Services or submitting an Order you represent and warrant to us that you:
      1. have legal capacity to enter into these Terms;
      2. have read and understood the Terms; and
      3. agree to be bound by the Terms.
   5. These Terms may be changed by us from time to time. The first time you use the Services after such changes are implemented you will be required to agree to the revised Terms. Your ongoing use of the Services will be subject to the revised Terms and your acceptance of them.

3. DEFINITIONS AND INTERPRETATION

   In these Terms unless contrary intention appears:

   • ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
   • Application means The People’s Pantry mobile applications (including iPhone, Android and Web applications).
   • Business Day means any day other than a Saturday, Sunday or public holiday in Queensland or New South Wales.
   • Claim means any claim, cause of action, Liability, demand, action, remedy, suit, injury, indemnity, damage, proceeding, litigation, investigation or judgment whether based in contract, tort, statute or otherwise whether present, unascertained, immediate, future or contingent.
   • Covid-19 Pandemic means the Covid-19 coronavirus pandemic as established by the World Health Organisation (including all mutations or variants of that virus) and includes all regulations, sanctions, travel restrictions, forced closures, lockdowns, self isolation, quarantine or other pandemic protocols, directions or unforeseen circumstances imposed by any government authority in respect of or in connection to the Covid-19 coronavirus pandemic.
   • Defective means Products that are expired, past their use by or best before date, are spoiled or do not conform to the description detailed in the Producer’s Store in relation to that Product or are as otherwise as they are ordered (including without limitation missing Products).
   • Force Majeure Event means any occurrence or omission outside our reasonable control, as a direct or indirect result of which we are prevented from or delayed in performing our obligations under these Terms, and includes:
     1. an act of God or a disaster (whether natural or man-made) including increment weather, fire, flood, lightning, cyclone or earthquake;
     2. riot, civil commotion, act of public enemies, national emergency (whether in fact or in Law) or government declaration or direction;
     3. epidemic, pandemic (including the Covid-19 Pandemic) or quarantine restriction;
     4. the act or omission of Producers; and
     5. supply shortage or strike, lock out, stoppage, labour dispute or shortage including those caused or contributed to by one or more Producers or People’s Pantry’s other suppliers.
   • Host means a local charity or not-for-profit organisation nominated by People’s Pantry (in its discretion) that operates and maintains a Pantry, checks and bundles Products ordered by you, and received, from each Producer for collection by you from the nominated Pantry.
   • Hosting Fee means the fixed fee determined by People’s Pantry which is charged to a Producer for each Store hosted on the Platform.
   • Law includes any law, whether statute (including without limitation the ACL) or common law (including the laws of negligence and nuisance and principles of equity), ordinance, regulation, by-law, order or other determination of any government authority, industry codes of practice and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them.
   • Liability means any liability or obligation (whether actual, contingent or prospective), including for any Loss irrespective of when the acts, events or things giving rise to the liability occurred.
   • Loss means any loss, damage, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense) however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
   • Non-Perishable Products means Products that are not Perishable Products.
   • Order has the meaning given to it under clause 5 of these Terms.
   • Order Form means the order form generated via the Platform to be completed by you to collect the details of your Order.
   • Pantry means the collection address selected by you in the Order Form.
   • People’s Pantry means Kiara Cerutti trading as The People’s Pantry ABN 56 269 951 504 and we, us or our has a corresponding meaning.
   • Personal Information has the meaning given to it in the Privacy Act.
   • Perishable Products means any Products which are reduced in value and deteriorate when kept, that are liable to perish, deteriorate, or expire rapidly or are susceptible to waste, deterioration or spoilage, and includes without limitation fruit, vegetables, dairy products and meat.
   • Platform has the meaning given to it in clause 1.1 of these Terms.
   • Producer meansa person who grows or produces, supplies and sells Products via one or more Stores hosted on the Platform.
   • Products means any products, produce, goods or other item advertised for sale by a Producer on the Platform and purchased by you via the Services including, without limitation, fresh produce, dry goods, condiments and other food products.
   • Privacy Act means the Privacy Act 1988 (Cth).
   • Privacy Policy means our privacy policy accessible at https://thepeoplespantry.com.au/privacy-policy.
   • Services means:
     1. access to and use of the Platform to browse, order and purchase Products from a Producer’s Store;
     2. facilitating distribution of the price of Products to Producers and Hosts pursuant to clause 4.3(b) of these Terms; and
     3. engaging Hosts to operate and maintain the Pantry, check and bundle Products ordered by you, and received, from each Producer for collection by you from the Pantry.
   • Store means a Producer’s virtual portal on the Platform where the Producer advertises and sells its Products.
   • Terms means these terms of sale and includes the Privacy Policy and Website Terms of Use.
   • User Account has the meaning given to it in clause 5.1 of these Terms.
   • Website means https://thepeoplespantry.com.au/.
   • Website Terms of Use means the terms of use of the Website accessible at https://thepeoplespantry.com.au/website-terms.

4. PRODUCERS AND STORES

   1. No vetting
      1. We may, but are not obliged to, undertake any type of investigation, vetting process or due diligence about any Producer, a Producer's business or Products.
      2. Without limiting clause 4.1(a) above and to the extent permitted by Law, we are under no obligation to verify and make no guarantee or warranty:
         1. about or in connection with any Producer, a Producer’s business or Product;
         2. that a Producer, or its Product, complies with the Law;
         3. that information or material about a Producer, their Products or production of their Products that appears on or via the Platform (or otherwise) is accurate, complete or correct;
         4. whether the Producer grows, produces, manufactures, sources or provides organic Products;
         5. whether the Products (or any part of them) are:
            1. ethically sourced, grown, manufactured, produced or provided;
            2. are sourced, grown, made or produced wholly or in part in Australia.
      3. If we do undertake any of the activities mentioned in clauses 4.1(a) or 4.1(b) above, we are not obliged to advise you of the outcome.
   2. Content in Stores
      1. Any information or other material in a Store contained on the Platform in connection with a Producer or Product is provided by the Producer or third parties.
      2. You acknowledge and accept that, although People’s Pantry will use reasonable skill and care in performing the Services:
         1. People’s Pantry does not verify or guarantee that information or material in a Store is accurate, complete or correct;
         2. to the extent permitted by Law, People’s Pantry is not responsible for any errors (including manifest and typographical errors), defects, inaccurate, misleading or untrue information or non-delivery of information in or omitted from a Store; and
         3. each Producer remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates/fees/prices, policies and conditions and availability) in respect of their Products as displayed in their Store.
   3. Disclosure of payments
      1. People’s Pantry is remunerated by way of payment of the Hosting Fee from each Producer.
      2. The price of Products ordered and purchased by you via the Platform (‘ Price’) is set by each respective Producer as displayed in their Store.
      3. People’s Pantry will collect the Price via Stripe for all Products ordered and purchased by you pursuant to these Terms and will distribute the Price attributable to the relevant
      4. Producer(s) less any processing or other fee payable to Stripe (‘Net Proceeds’) as follows:
         1. ninety percent (90%) of the Net Proceeds, to the relevant Producer; and
         2. the remaining ten percent (10%) of the Net Proceeds to the Host of the nominated Pantry, upon acceptance and collection of the Products from the Pantry by you.

5. PLACING AN ORDER

   1. User Accounts
      1. In order to submit an Order and purchase Products, you need to create an account via the Platform (‘User Account’).
      2. To open a User Account you must:
         1. be over 18 years of age;
         2. provide accurate information; and
         3. answer all questions asked by us truthfully and completely.
      3. When creating a User Account, you must:
         1. Create a password: The password you select should be a strong password that uses a combination of upper and lower case letters, numbers and symbols and is at least 10 (ten) characters;
         2. Security: Keep your username and any passwords associated with your User Account secure and do not disclose your username or password to any other person;
         3. Breach of account: Notify People’s Pantry immediately of any breach or attempted breach of security or unauthorised use of your User Account.
      4. You are solely responsible for any activity that occurs on or through your User Account. People’s Pantry will not be liable for, and you release People’s Pantry from, any Claim or Liability caused or contributed to by any authorised or unauthorised access to or use of your User Account.
      5. If you create a User Account on behalf of a corporation or business entity, you guarantee that you have the authority to agree to these Terms on behalf of that corporation or the business entity.
   2. Placing an Order
      1. You may order Products from one or more Stores by completing and submitting an Order Form through the Platform in accordance with these Terms (‘Order’).
      2. It is your responsibility to check all details in the Order (including but not limited to selecting the correct Pantry and Products ordered), before you submit the Order Form and complete the Order via the Platform.
      3. You agree that all information provided by you via the Platform, including but not limited to the Pantry is current, complete and accurate and not in any way misleading (whether by omission or otherwise).
      4. Any Order placed through the Platform for a Product is an offer by you to the relevant Producer to purchase their particular Product or Products for the price noted and on the terms contained in that Producer’s Store (‘ Offer’).
      5. People’s Pantry are authorised by each Producer to accept or reject an Offer as agent for that Producer. You acknowledge that:
         1. any Offer accepted by People’s Pantry is accepted by People’s Pantry as agent for and on behalf of a Producer and constitutes an acceptance by that Producer of the Offer (‘Acceptance’);
         2. on Acceptance, you enter into a legal binding contract between you and the Producer, subject to the terms (including those relating to refunds and replacement of Products) contained in that Producer’s Store;
         3. any contract entered into as contemplated by clause 5.2(e)(ii) above is between you and the Producer, and People’s Pantry is not a party to that contract;
         4. without limiting clause 5.2(e)(iii) above each relevant Producer is responsible for delivering the ordered Products the subject of the Offer to the Pantry and People’s Pantry provides no warranty and accepts no responsibility for delivery of the Products to the Pantry by a Producer.
      6. You release and indemnify People’s Pantry from all Claims and Liability suffered or incurred by People’s Pantry in connection with any of the matters raised in this clause 5
   3. Acceptance or rejection of an Order
      1. We may accept or reject your Order for any reason at our discretion depending on factors including without limitation the availability of Products and delivery services and our ability to validate payment for the Products.
      2. Once an Order is accepted by us, to the extent permitted by Law we may cancel your Order in accordance with clause 8.1 of these Terms.
      3. If we reject your Order (other than due to a breach of these Terms by you), we will refund any money paid by you to us in respect of the Order.

6. COLLECTION OF PRODUCTS

   1. Delivery of Products to Pantry
      1. Once you submit an Order that is accepted by us pursuant to clause 5.2(e) of these Terms, we will process the Order upon receipt of payment by you in cleared funds by:
         1. instructing each Producer of those Products ordered by you from that Producer through the Platform to deliver those Products to the Pantry; and
         2. providing the Host of the Pantry nominated by you in the Order Form of full particulars of your Order and all details in your Order Form (including without limitation Personal Information, such as you name and contact details).
      2. Please note that delivery and collection timeframes noted via the Platform are estimates only and may vary (particularly due to circumstances beyond our control or beyond the control of Producers or Hosts). We will do all things within our reasonable control to ensure that Products are delivered to the Pantry and are available for collection by you as close to the estimated timeframe as possible but cannot, and do not, guarantee this.
   2. Delivery and collection requirements

      By placing an Order, you agree to comply with the following delivery and collection requirements:

      1. You must nominate a Pantry for Products to be delivered to in your Order Form and you acknowledge that once nominated, a Pantry cannot be changed.
      2. Products can only be collected from a Pantry by the person named on the Order Form or the alternate pick-up person (‘Nominee’) nominated on the Order Form. You warrant that you have the permission of the Nominee to provide their name and contact details to People’s Pantry (and the Host and Producer) before you place your Order. Due to the speed at which Orders are processed, you will not be able to add or change the Nominee once your Order has been placed.
      3. People’s Pantry or the Host will notify you by phone or email (on the phone number or email address nominated by you in the Order Form) when all or part of your Order is ready for collection from the Pantry (‘ Collection Notice’).
      4. You must collect your Order (or that part of your Order that is ready for collection) from the Pantry within the time frame notified to you via the Collection Notice (‘Collection Date’).
   3. Inspection
      1. On or before the Collection Date, you must:
         1. inspect all Products delivered to the Pantry; and
         2. notify the Host at that time if you determine that the Products or all or part of the Order the subject of the Collection Notice are other than as ordered by you or are Defective.
      2. Subject to clause 6.4 below, if you do not notify People’s Pantry or the Host by the Collection Date that the Products to be collected are not as ordered or are Defective, then the Products are deemed to be collected by you in good condition and as ordered by you.
      3. On collection of the Products in accordance with this clause 6.3 but subject to clause 6.4 below:
         1. you are deemed to have accepted the Products the subject of a Collection Notice;
         2. you accept and take possession of those Products at your risk;
         3. you are deemed to be in sole possession of those Products;
         4. all right, title and interest in those Products passes to you.
   4. Uncollected Products
      1. If:
         1. due to reasons beyond the reasonable control of People’s Pantry or the Host, People’s Pantry or the Host is unable to contact you to effect collection of all or part of your Order (for example, where you have provided incorrect contact details); or
         2. you do not collect your Order (or that part of your Order that is ready for collection) as notified to you pursuant to a Collection Notice by 5pm on the Collection Date, that part of your Order the subject of a Collection Notice will be cancelled and:
         3. in respect of Perishable Products:
            1. People’s Pantry may donate or dispose of or deal with (or instruct the Host to donate, use, dispose of or deal with) those Perishable Products without notice to you; and
            2. to the extent permitted by Law, you will not be entitled to a refund of the price paid for those Perishable Products; and
         4. in respect of Non-Perishable Products, People’s Pantry:
            1. may dispose of or return those Non-Perishable Products to the relevant Producer (or instruct the Host to dispose of or return those Non-Perishable Products to the Producer) without notice to you; and
            2. will refund you the price paid for those Non-Perishable Products (less any reasonable administration or re-delivery cost).
      2. Without limiting clause 6.3(a)(iv) above, where the People’s Pantry returns the NonPerishable Products to the Producer:
         1. you must pay all costs, charges and expenses incurred by People’s Pantry in connection with the storage and return of the Non-Perishable Products, which may be deducted from the proceeds of the sale of the Non-Perishable Products; and
         2. People’s Pantry is entitled to recover any deficit from you where the proceeds of sale of the Non-Perishable Products do not satisfy the amounts payable to People’s Pantry.
      3. You acknowledge that People’s Pantry may collect and record the details of any identification provided in relation to collection of the Products. The Personal Information collected will be collected, held, used and disclosed in accordance with our Privacy Policy.
   5. Defective Products
      1. Where you notify People’s Pantry or the Host pursuant to clause 6.3(a)(ii) above that all or some of the Products are Defective (‘ Defective Products’):
         1. you are taken to have rejected the Defective Products and must not take possession of the Defective Products; and
         2. without limiting your rights under the ACL, we will notify the relevant Producer of the Defective Products and provide you with a refund of the total cost of the Defective Products unless you notify us that would like a replacement. If you notify us that you would like a replacement, we will arrange this with the relevant Producer on your behalf.

7. PAYMENT

   1. Payment
      1. Once you have selected the Products you wish to purchase you will be directed to Stripe to complete payment of your Order.
      2. The processing time for your payment may vary and is subject to Stripe’s terms and conditions, which can be accessed herehttps://stripe.com/au/legal.
      3. If there are insufficient funds in your bank account or on your credit card when Stripe processes the payment for your purchase, we may (but are not obliged) to contact you directly to seek payment.
      4. People’s Pantry reserve the right to decline any payment transaction that it believes (in its sole discretion) is high risk, fraudulent or in violation of these Terms.
   2. Consent

      Without limiting the terms of our Privacy Policy, you acknowledge that we may share your Personal Information with our third party service providers (including without limitation, Stripe) to enable them to perform the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.

   3. Stripe Payments
      1. You consent to all payments made by you being processed by our third-party payment provider, Stripe.
      2. You acknowledge, accept and warrant in favour of People’s Pantry:
         1. that any payments processed on the Platform by Stripe are subject to Stripe’s then current terms and conditions and privacy policy which may be accessed athttps://stripe.com/au/legal(‘ Stripe Conditions’);
         2. you agree to be bound by the Stripe Conditions;
         3. you indemnify People’s Pantry against all Claims or Liability suffered or incurred by Stripe in connection with a breach of the Stripe Conditions by you; and
         4. you release and indemnify People’s Pantry against all Claims or Liability suffered or incurred by you as a result of or in connection with a breach of the Stripe Conditions by Stripe or any act or omission of Stripe in connection with your payment.

8. CANCELLING AN ORDER

   1. Cancellation by us

      We may cancel any Order, or refuse to accept an Order, or part of an Order at any time (including any Orders that we have accepted) without any Liability to you for that refusal or cancellation if:

      1. the Products the subject of your Order are not available or we reasonably believe those Products will not be available;
      2. we, or our third party providers (including Stripe) are unable to process your payment;
      3. we reasonably believe there may be an error in the price or the Product description posted in a Store in relation to the Products the subject of your Order;
      4. we reasonably suspect that you have breached any of the provisions of these Terms; or (e) we reasonably suspect fraudulent or unlawful activity on or from your account.
   2. Cancellation by you
      1. Before submitting an Order, you must check and satisfy yourself that all details in the Order form (including without limitation your contact details, the nominated Pantry and the Products ordered in the Order) are correct.
      2. Unless otherwise provided for under the ACL or any other Law which the parties cannot legally contract out of, you agree that you cannot change or cancel an Order after it has been placed.

9. AUSTRALIAN CONSUMER LAW

   1. As a consumer you have certain legal rights under the ACL in relation to our Services.
   2. Our Services must:
      1. be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
      2. be fit for the purpose or give the results that you and People’s Pantry had agreed to; and (c) be delivered within a reasonable time when there is no agreed end date.
   3. You may be entitled to remedy from us if our Services do not meet any of the consumer guarantees in relation to our Services under the ACL. Remedies may include cancelling our Service, a refund for the unused portion of our Services and in some cases compensation for damages and loss.
   4. Despite anything in these Terms, these Terms do not exclude, restrict or modify the application of any provision of the ACL that cannot be excluded by law (whether applied as a law of the Commonwealth or any State or Territory of Australia).
   5. If there is any inconsistency between these Terms and the ACL, the provisions of the ACL will apply.

10. 10. PRIVACY OF PERSONAL INFORMATION

    1. We are committed to protecting the personal information we collect from you when you access and use the Platform.
    2. The Privacy Act and the Australian Privacy Principles govern the way in which we must manage your Personal Information and our Privacy Policy sets out how we collect, use, disclose and otherwise manage personal information about you.
    3. You can access our full Privacy Policy here https://thepeoplespantry.com.au/privacy-policy or by contacting us and requesting a copy.

11. ACCESS AND USE OF THE PLATFORM

    1. Users of the Platform acknowledge that they are using software that is owned by or licenced to People’s Pantry.
    2. We may withdraw or amend the Platform (and any Products or Services offered on the Platform) without notice to you. We will not be liable to you if, for any reason, the Platform or any part of it is unavailable at any time or for any period.
    3. You are responsible for:
       1. making all arrangements necessary to access, use or interact with the Platform;
       2. ensuring you have appropriate and up to date anti-virus software on any device from which you access the Platform;
       3. ensuring that any person that accesses the Platform through your device or internet connection is aware of and agrees to be bound by these Terms;
       4. any use of the Platform accessed by any person through your device, internet connection or using your password, access or user codes (‘ Passwords’) (whether authorised by you or not) including but not limited to where access to your device, internet connection or passwords has been gained through unlawful means or malicious code (such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material); and
       5. the acts and omissions of any person that accesses, uses or interacts with the Platform as contemplated by clauses 11.3(c) and 11.3(d) above as if they were your own acts and omissions.

12. RISK AND TITLE

    1. The risk in the Products will pass to you once you have collected the Products.
    2. Title to the Products will not pass to you until we have received payment in full for the Products.

13. LIABILITY

    1. Without excluding, restricting or modifying the rights and remedies which may be afforded to you by the Australian Consumer Law or our potential Liability to you under the Australian Consumer Law:
       1. You acknowledge that the Platform and Services are provided "as is" and that we do not make any warranty or representation as to the suitability of the Platform or a Product for any purpose;
       2. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Platform, Services and Products or the subject matter of these Terms to the maximum extent permitted; and
       3. we (and our related bodies corporate, agents, employees, officers and representatives) will not be liable to you for indirect and consequential loss arising from or connected to these Terms in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind).
    2. Our Liability (and any liability of our related bodies corporate, agents, employees, officers and representatives) to you for Loss of any kind arising out of these Terms or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the Loss. This reduction applies whether the Liability arises in contract, tort (including negligence), under any statute or otherwise.

14. INTELLECTUAL PROPERTY RIGHTS

    1. All intellectual property in this Platform (including trademarks, texts, images, illustrations, designs, icons, photographs, video clips, sound clips, graphics, logos, icons and all software relating to this Platform) (‘Content’) is owned, licenced by, used with permission, or otherwise lawfully used by People’s Pantry.
    2. Content and other material appearing on our Platform is subject to copyright vested in us or third parties. All Content is protected by Australian and international copyright and other intellectual property laws. You must not do anything which interferes with or breaches those laws or the intellectual property rights in the Content. You may be liable for damages or other penalties if you breach our intellectual property rights or copyright or intellectual property laws.
    3. Without limiting clauses 14.1 and 14.2 above, we expressly reserve all rights in and to thehttps://thepeoplespantry.com.au/ and all related domains and sub-domains, the name “People’s Pantry”, our logos, service marks, trading names or trademarks (whether registered or unregistered). Other trademarks, products and company names mentioned on the Platform may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
    4. Despite anything to the contrary in these Terms or on the Platform, Users may not copy, reproduce, publish, store and transmit the Content in any form or by any means in whole or in part without the prior written approval of People’s Pantry, or the relevant affiliate, or third party owner.
    5. Without limiting clause 14.2 above, Users may not directly or indirectly copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, remove any credits, publish, post frame within another website or create derivative works from any part of this Platform or commercialise any information obtained from any part of this Platform without our prior written permission or, in the case of third-party material, from the owner of the intellectual property rights in that material.
    6. Requests and inquiries concerning reproduction and rights should be addressed to [insert].
    7. External website images and content, if any, accessible on https://thepeoplespantry.com.au are used by us with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.
    8. The copyright in material appearing on content linked from our Platform vests in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). We recommend that you refer to the relevant external copyright statement before making use of any material.
    9. You acknowledge that your access to this Platform may be withdrawn at any time without notice and these Terms shall survive any such withdrawal.
    10. For the avoidance of doubt, the fact that your device downloads information from the Platform for the sole purpose of displaying the Platform to you is not a breach of the limited licence granted under these Terms.

15. THIRD PARTY WEBSITES

    1. The Platform may provide links to or allow you to interact with other websites or applications which are owned or operated by third-parties. Links to other websites or applications are provided for your convenience only and we do not control these other websites and applications nor are we responsible for the content, accuracy or functionality of third-party websites and applications.
    2. The provision of a link to a third-party website or application does not constitute an endorsement or approval of that website or application or any of the products or services or functionality on that website or application. We are not liable for any Claim arising from or in connection with your access or use of third-party websites or applications.

16. SECURITY

    To the extent permitted by law, we do not warrant and cannot ensure the security of any information which you provided over the internet (including through or to our Platform). Accordingly, any information that you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of your data or the Platform, please contact us immediately.

17. DISCLAIMER

    1. You must ensure that your access to or use of the Platform is not illegal or prohibited by laws which apply to you. In particular, the Platform may not be readily accessible from your jurisdiction and if your methods of accessing the Platform are considered illegal or otherwise prohibited in your jurisdiction (for example, through a virtual private network), you acknowledge we take no responsibility for any Liability you may incur in connection with your conduct.
    2. We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Platform up to date. The information on the Platform is not, and is not intended to be, advice in any nature. You should not act or refrain to act on the basis of any of the material on the Platform without first satisfying yourself as to the truth or accuracy of all information given. To the extent permitted by law, you release us from all Liability for any loss or damage suffered or incurred by you as a result of your reliance on the accuracy or currency of information contained on the Platform.
    3. You must take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. We do not accept any responsibility (and you release us from any Liability) for any interference or damage to your own computer system which arises in connection with your use of this Platform or any linked platform.

18. LIMITATION OF LIABILITY

    1. To the extent permitted by law, access to the Platform is provided “as is” and we do not make any representation or warranty of any kind, either express or implied, in connection with the Platform.
    2. You acknowledge that your use and access to the Platform is at your own risk. To the extent permitted by law, we are not liable for (without limitation):
       1. any Claim arising out of or in any way connected to:
          1. the Platform, your use of or reliance on the Platform, or any content or material contained on the Platform under any circumstances, including but not limited to negligence or misrepresentation; or
          2. an inability to use, or an interruption to, the Platform; or
       2. any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of your use of the Platform.
    3. You acknowledge that our Platform contains advertising, marketing and other information submitted by Producers. Any content submitted by a Producer or third party and listed on the Platform or elsewhere is the responsibility of that particular party. We do not accept any responsibility for the content submitted by a Producer or third party.
    4. People’s Pantry does not give any warranty as to the accuracy, reliability or completeness of information which is contained in the Platform.

19. INDEMNITY

    You indemnify us against all Claims which arise out of or relate to your use of the Platform, information that you provide to us via the Platform or any damage that you may cause to the Platform. This indemnity includes, without limitation, Liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

20. FORCE MAJEURE

    1. People’s Pantry will not be in breach of these terms or liable for any failure or delay in the performance of our obligation under Terms (other than a payment obligation) to the extent that the failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of you or a Producer.

21. MISCELLANEOUS

    1. Severance

       Any provision of these Terms which is prohibited or unenforceable in the jurisdiction specified in clause 21.5 below will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

    2. Variation

       No variation, modification or waiver of any provision in these Terms, nor consent to any departure by any party from any such provision, will be of any effect unless it is in writing, signed by the parties or (in the case of a waiver) by the party giving it. Any such variation, modification, waiver or consent will be effective only to the extent to or for which it may be made or given.

    3. Contra Proferentem

       The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.

    4. Waivers

       A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

    5. Governing Law

       These Terms are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

    6. Survival

       Any indemnity or any obligation of confidence under these Terms is independent and survives termination of these Terms. Any other term by its nature intended to survive termination of these Terms survives termination of these Terms.

    7. No merger

       The rights and obligations of the parties under these Terms do not merge on completion of any transaction contemplated by these Terms.

    8. Relationship

       Except where these Terms expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties.

    9. Entire Agreement

       These Terms contains all the contractual arrangements of the parties with respect to the items to which it relates and supersedes all earlier conduct (including any agreements in relation thereto) by the parties with respect to those items.

    10. Electronic Transactions (Queensland) Act 2001
        1. The parties acknowledge that their representatives may communicate utilising electronic communication.
        2. The parties acknowledge that Ch 2 Part 2 of the ETA applies.
        3. The parties acknowledge the method of determining the time and place of dispatch and receipt shall be determined pursuant to Ch 2 Part 3 of the ETA.
    11. Notices
        1. Method of giving notices

           A notice, consent, approval or other communication (each a ‘notice’) under these Terms must be signed by or on behalf of the person giving it, addressed to the person to whom it is to be given and:

           1. delivered to that person’s address;
           2. sent by pre-paid mail to that person’s address; or
           3. transmitted by facsimile or email to that person’s address.
        2. Time of receipt

           A notice given to a person in accordance with this clause is treated as having been given and received:

           1. if delivered to a person’s address, on the day of delivery if a business day, otherwise on the next Business Day;
           2. if sent by pre-paid mail, on the third Business Day after posting; or
           3. if transmitted by facsimile or email to a person’s address and a correct and complete transmission report is received, on the day of transmission if a Business Day, otherwise on the next Business Day.