This website, www.forkful.com.au, and any associated applications (“Website”) are owned and operated by Forkful Pty Ltd ACN 641 129 231 (“We” or “Forkful”).
We make available an online platform (“Platform”) where:
- Suppliers make food products, ingredients, packaging, and food-related implements available for sale (“Products”); and
- Purchasers can view and purchase Products, which may be delivered by the Supplier or picked up from the Supplier’s premises.
By accessing or viewing this Website or by purchasing the Products, you agree to comply with these terms and conditions (“Terms”).
Any reference to “you” or “your” includes any person who accesses or views this Website or purchases Products.
Nature of Information
- Any information provided by us under this Website, including blog posts, are of a general nature only
Use of the Website
- Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.
- You must only use this Website for lawful purposes, which may include:
- browsing any part of this Website;
- reading or viewing any information contained on this Website;
- sending us legitimate communications or enquiries; or
- purchasing the Products.
- Email addresses, contact forms and any other communication forms that appear on this Website are for legitimate communications or enquiries only and must not be used to send unsolicited messages.
- You must be at least 18 years of age to access and use the Platform
- The Supplier has full control over the information, Products and prices which have been uploaded in their Supplier pages on the Platform (Supplier Information) and as such, we cannot guarantee the accuracy of the Supplier Information.
- You will be required to pay for the Products, including all applicable taxation and delivery fees (if any), in full at the time of placing your order. Payment is accepted by PayPal, credit card, debit card and direct debit.
- When you place an order to purchase Products, and when the Supplier has accepted your order, you will receive a confirmation email from us. The Supplier is not obliged to supply the Products to you until it has accepted your order.
- The Supplier may, in its discretion, refuse to accept an order from you if the Products are or become unavailable.
- The Supplier may at its discretion:
- arrange to deliver the Products to you; or
- arrange for Products to be collected by you at their specified Premises; and you agree to comply with the Supplier’s terms relating to the delivery and/or pick up of the Products.
- When placing an order for delivery, you may grant the Supplier (or its delivery contractor) authority to leave the Products at a specific area (such as the front door). If you do, this authority gives the Supplier or its delivery contractor permission to leave the Products unattended at this place without obtaining a signature confirming delivery. By granting authority to leave the Products, we and the Supplier are released of all responsibility and liability for the Products delivered and left unattended, and that this responsibility and liability transfers to you on delivery
- All risk in the Products shall pass to you upon delivery. It is your responsibility to take care when opening Products or packaging so as not to damage them. From the time when risk passes to you, neither we nor the Supplier will be liable for loss or damage to the Products except as otherwise provided by clause 4 below.
Refunds and Returns
- It is your responsibility to check the Products immediately upon receipt, but in any case within at least twenty-four (24) hours, and advise both us and the Supplier of any issues so that the Supplier can resolve this promptly for you.
- If you have received Products that are expired, damaged, do not match the description or contain any other issue, please contact us and the Supplier as soon as possible (but within twenty-four (24) hours) and provide evidence of the issue along with proof of purchase.
- Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
- Whilst we adopt techniques to help us verify the identity of other Platform users (Users) (such as verification through Third-Party Sites), we cannot and do not guarantee any User’s identity, whether any User holds applicable registrations and/or will comply with applicable laws.
- Whilst we adopt technologies to help us ensure that the Website will not be subject to any crashes and that the Platform will always be accessible by Users, we cannot guarantee that the Website or the Platform will be accessible at all times.
- In making or receiving a purchase order via the Platform, the Purchaser is entering into an agreement with the Supplier for the purchase and/or supply of that order. You acknowledge that you and the other Supplier are responsible for adhering to the terms of any such agreement and that we are in no way involved or a party to any such agreement not any dispute arising under any such agreement.
- We make no representations, guarantees or warranties about any User or the accuracy of any statement made by any User. We further make no representations about any product or service offered by any Supplier or delivery service provider.
- We do not endorse any Supplier nor endorse any product or service offered by any Supplier.
- If a dispute arises between you and any other User/s, it is you and the other Users’ responsibility to resolve the dispute and we are under no obligation to provide advice or information in relation to the dispute.
- You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this Website, the Platform, any dispute between yourself and any other User, or your breach of these terms and conditions.
Limitation of Liability
- Except as otherwise provided at law, we make no warranty or representation about the accuracy, completeness or fitness for any purpose of the contents of this Website or the Platform. Any condition or warranty regarding this Website or the Platform that would otherwise be implied into these terms and conditions is excluded.
- This Website may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.
- To the extent permitted by law, we accept no responsibility and exclude all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to your use of this Website or the Platform.
- Unless otherwise indicated, we own or have the rights to use:
- all copyright in this Website, the Platform and its contents;
- all intellectual property, including design rights, in the Platform; and
- any trade names or trade marks associated with the Platform
- You must not in any way copy, reproduce, publish, replicate, reverse engineer or imitate any of this Website or the Platform without our prior written consent.
- We reserve all rights in relation to all intellectual property.
- We want you to be happy with your experience, so if you have a dispute about these Terms or any of the Platform, please contact us first so that we can endeavour to resolve the dispute.
- We may, in our absolute discretion, change these Terms from time to time without notice to you.
- Parts of this Website may not be updated regularly and may therefore be out of date.
- If any part of any of these Terms is void, then the part that is void may be severed.
- These Terms, your use of this Website and the Platform and any dispute arising out of these are governed by the laws of the State of Victoria, Australia.