TERMS & CONDITIONS
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
- The Website
Gastronomy Enthusiasts is a gourmet website which provides a platform for high quality food suppliers to sell online.
Gastronomy Enthusiasts reserves the right to remove sellers that do not fall within this framework at any time.
Gastronomy Enthusiasts acts as a venue to allow users, who comply with this agreement. Gastronomy Enthusiasts Marketplace’s is not directly involved in the transactions between buyers and sellers. As a result, Gastronomy Enthusiasts has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Gastronomy Enthusiasts does not pre-screen content or information provided by users. Gastronomy Enthusiasts cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Gastronomy Enthusiasts cannot and does not transfer legal ownership of items from the seller to the buyer.
You agree that Gastronomy Enthusiasts is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Gastronomy Enthusiasts. You use the Gastronomy Enthusiasts service at your own risk.
Any material you send to Gastronomy Enthusiasts on or via the Website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. Gastronomy Enthusiasts and the Website will be entitled to use such material for any purpose without providing notice or compensation to you.
- Intellectual Property
The Site (Gastronomy Enthusiasts.com.au) and its original content, features and functionality are owned by Gastronomy Enthusiasts Australia Pty Ltd. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by Gastronomy Enthusiasts Marketplace’s policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Gastronomy Enthusiasts, each of which is incorporated herein by reference and each of which may be updated by Gastronomy Enthusiasts from time to time without notice to you:
Terms and Conditions
In addition, some services offered through the Site may be subject to additional terms and conditions published by Gastronomy Enthusiasts from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
- Membership Eligibility
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on Gastronomy Enthusiasts Marketplace you must provide and maintain a valid PayPal business account and postal address.
You agree to immediately notify Gastronomy Enthusiasts of any unauthorised use of your password or any breach of security. You also agree that Gastronomy Enthusiasts cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Gastronomy Enthusiasts Marketplace without Gastronomy Enthusiasts’ express written permission.
Account Transfer: You may not transfer or sell your Gastronomy Enthusiasts account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- Fees and Services
Vendors’ are charged a monthly subscription fee. Gastronomy Enthusiasts also charges a percentage of the sale price when the item sells. Gastronomy Enthusiasts Marketplace's Features and Fees are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for Gastronomy Enthusiasts Marketplace's services are effective after Gastronomy Enthusiasts Marketplace provides you with at least thirty (30) days' notice by posting the changes on the Site. However, Gastronomy Enthusiasts Marketplace may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when Gastronomy Enthusiasts Marketplace posts the temporary promotional event on the Site. Gastronomy Enthusiasts Marketplace may decrease the fees as stated in the Features & Fees with no notice to you. Gastronomy Enthusiasts Marketplace may, at its sole discretion, change some or all of Gastronomy Enthusiasts Marketplace's services at any time. In the event Gastronomy Enthusiasts Marketplace introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in Australian Dollars (AUD).
Vendors’ accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. Commission on sales orders is deducted at point of sale. In the event that a Vendor’s product count falls to zero their Vendor storefront will no longer show on site but the monthly fee will still be debited from the Vendors’ owner’s PayPal until the account has been officially closed or downgraded. A Vendor account can be closed or downgraded at any time and it is the responsibility of the Vendor owner to manually terminate their Vendor status from their Account Status page.
Fees and Termination: If Gastronomy Enthusiasts Marketplace terminates a listing or your account, if you close your account, or if the payment of your Gastronomy Enthusiasts Marketplace fees cannot be completed for any reason, you remain obligated to pay Gastronomy Enthusiasts Marketplace for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact Gastronomy Enthusiasts Marketplace.
- Legal Compliance and Taxes
All fees are inclusive of GST where applicable. In certain circumstances fees will not be subject to GST but you may be liable to indirect taxes in your own country. Gastronomy Enthusiasts Marketplace recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU sellers who are VAT-registered. EU sellers are liable to notify Gastronomy Enthusiasts Marketplace of any change in VAT status.
- Listing and selling products on the Website
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Gastronomy Enthusiasts Marketplace transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on Gastronomy Enthusiasts Marketplace outside of the Gastronomy Enthusiasts Marketplace site, such as directly through PayPal or other third-party providers. This may also constitute fee avoidance.
All sales are binding. The seller is obligated to send the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, including but not limited to for example if the buyer fails to meet the terms of the seller’s store policy.
By posting content on the Website, it is possible for an outside website or a third party to re-post that content. You agree to hold Gastronomy Enthusiasts harmless for any dispute concerning such use. If you choose to display your own Gastronomy Enthusiasts hosted image on another website, the image must provide a link back to its listing page on Gastronomy Enthusiasts.
You shall not include a link to your own (or any third party’s) website or contact email address on the Gastronomy Enthusiasts website and you shall ensure that any and all correspondence sent to a buyer must not include reference to your own website, email address or other promotion of your own services outside of Gastronomy Enthusiasts. You may not contact the buyer by email or any other means for any reason other than to discuss the processing and progress of the Gastronomy Enthusiasts transaction.
You must not use the preferential postage rates offered to Gastronomy Enthusiasts sellers for transactions which do not originate through Gastronomy Enthusiasts. If Gastronomy Enthusiasts identifies that a seller has been using the preferential Gastronomy Enthusiasts postage rates for non- Gastronomy Enthusiasts transactions your Gastronomy Enthusiasts account will be suspended or terminated in accordance with clause 12 of the Terms & Conditions (below) and/or the preferential postage rates will be removed.
- Sale of Alcohol
When listing wine or other alcoholic beverages on the Website, sellers need to be aware that:
Selling wine or alcohol on the Website requires a license;
You must place your license number next to the listing; and
Alcohol and wine may only be traded within Australia.
Individual States have different laws regarding trading wine and alcohol. It is the buyer’s and seller’s responsibility to be familiar with and comply with each State's laws and if (and where) you are allowed to sell alcohol and wine.
- Prohibited, questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Gastronomy Enthusiasts Marketplace and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Gastronomy Enthusiasts Marketplace Copyright Policy.
Restricted Activities: Your Content and your use of Gastronomy Enthusiasts Marketplace:
Must not be false, inaccurate or misleading
Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
Must not involve the sale of real fur items.
Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Gastronomy Enthusiasts’ Copyright Policy)
Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Must not contain items that have been identified as hazardous to consumers
Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Gastronomy Enthusiasts Marketplace staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Must not be obscene
Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
Must not modify, adapt or hack Gastronomy Enthusiasts Marketplace or modify another website so as to falsely imply that it is associated with Gastronomy Enthusiasts Marketplace;
Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Gastronomy Enthusiasts Marketplace.
12.1 Termination for breach. Without limiting any other remedies, Gastronomy Enthusiasts may, without notice, and without refunding any fees, remove your content, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate a user's account, prohibit access to the Website, take technical and legal steps to prevent use of the Website and/or refuse to provide services if any of the following apply:
Gastronomy Enthusiasts is unable to verify or authenticate any of your personal information or content;
You have engaged in improper or fraudulent activity in connection with Gastronomy Enthusiasts; or
Your actions may cause legal liability or financial loss to FHD's users or to Gastronomy Enthusiasts.
- 2 Termination without breach.
Without limiting any other remedies, Gastronomy Enthusiasts may at its sole discretion, without notice, and without refunding any fees, remove your content, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate your account, prohibit access to the Website, take technical and legal steps to prevent use of the Website and/or refuse to provide services.
- Limitation of liability
To the maximum extent permitted by law Gastronomy Enthusiasts excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Website, the content or the use or performance of the Website.
You agree to indemnify Gastronomy Enthusiasts and its officers, agents and employees in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to:
Your use of the Website or any content you submit through the Website;
A breach of these Terms & Conditions by you; or
Your breach of any applicable law.
- No Agency
You and Gastronomy Enthusiasts are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
These Terms & Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia. In the event that a dispute arises from these Terms & Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
The services hereunder are offered by Gastronomy Enthusiasts Australia PTY Ltd, located at Queensland, Australia.