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[last updated: 02.05.19]
GARAGE SALE TRAIL FOUNDATION LTD
GROW IT LOCAL - LOCAL GROWERS MARKET
TERMS & CONDITIONS
Local Growers Market is an online community led marketplace that enables registered users (“Active Members”) and other third parties to publish Goods/Services, and to communicate and transact directly with other Active Members in connection with knowledge and skill sharing, workshops and events, homegrown products, space and more.
We aim to help connect local growers and to encourage more Australians to start growing, sharing and eating locally grown food.The Website is licensed, operated and maintained by Garage Sale Trail Foundation.
1. In these Terms and Conditions, references to the following words shall have the following meanings:-
(a) “Active Member” means individuals or entities and Advertisers who register a member account with us via the Website.
(b) “Advertisers” means businesses who advertise or promote their business on our Platforms.
(c) “Claims” means actions, suits, causes of action, arbitrations, debts, dues, costs, claims, demands, verdicts, orders and judgments either at law or in equity or arising under a statute and whether or not the matters giving rise to those claims are known to the parties at the date these Terms and Conditions are entered into;
(d) “Goods/Services” means goods/services advertised by an Advertiser .
(e) "Local Growers Market" or “Grow It Local” or “us” or “we” or “our” means Garage Sale Trail Foundation Ltd (ACN 154 116 515) of Level 1, 116 Chalmers St, Surry Hills, NSW 2010;
(f) “Listing” means an offer of goods/services published by an Advertiser on our Platform.
(g) “Loss” means, in relation to any person, any damage, loss, cost (including legal fees and costs on a full indemnity basis), expense or liability incurred by the person or any claim, action, proceeding or investigation made against the person however arising and whether present or future, fixed or unascertained, actual or contingent.
(h) “you” means:
i. users of the Websites;
ii. Advertisers; and
iii. Active Members.
(i) “Platform” means our Website and other e-commerce technology including apps and mobile platforms.
(j) “Website” means www.crowdfarm.growitlocal.com.
(k) A reference to “content” in these Terms and Conditions includes a reference to Listing.
2. By registering as an Active Member, and otherwise when you use the Website, you are entering into a legally binding agreement with Garage Sale Trail and you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by the same.3. You are responsible for when and how your member account is used. You must keep your account information accurate and up to date. We are not responsible for any unauthorised access to your account.
4. To be entitled to register as an Active Member, you agree that you meet the following criteria and represent and warrant that:
(a) you are 18 years of age or older and able to enter into contracts voluntarily;
(b) the information in your registration form is true, correct and accurate;
(c) you are not a competitor to us and are not using the Platform for reasons that could compete with our business;
(d) you have full power and authority to enter into these Terms and Conditions and doing so will not violate any other agreement to which you are a party;
(e) will not use the Website except as provided for in these you Terms and Conditions;
(f) if you are an Advertiser, you own and have the right and authority to advertise your Goods/Services.
5. We reserve the right to decline your application to become a member, in our discretion. We will let you know if your registration is declined.
ACCESS6. You must comply with all applicable laws and regulations relating to your use of the Website and these Terms and Conditions, as may be amended from time to time. If you breach any of these Terms and Conditions, we may suspend or terminate your member account and prevent you from using our Platforms.7. We may amend these Terms and Conditions from time to time, but when we do, we will use our best efforts to notify you, which may be by placing the updated Terms and Conditions on our website or emailing you to the email address on your member account with us. Please check the Last Updated date at the top of these terms and conditions as Published on our website.8. Your continued use of the Platforms is deemed acceptance of any amended Terms and Conditions unless you notify us otherwise. If you do not agree to any changes to these Terms and Conditions then you may terminate your account and stop using the Platform.9. You acknowledge and agree that we retain all rights over the Website including but not limited to all logos, diagrams, graphics, images, layouts, appearance, videos, ideas, methods, databases, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (“Intellectual Property Rights”) and no right, title or interest in the Website or the Intellectual Property is transferred under these Terms and Conditions or otherwise.10. We do not warrant that access to or use of the Website will be uninterrupted, free from error or that any material published on the Website is free from errors, viruses, worms, trojan horses or any other harmful components. We disclaim any and all liability for any Loss or Claims in connection with any interruption to access, errors or delays in functioning of the Website for any reason.PARTICIPATION11. We provide the Platforms only, enabling Active Members to publish content on the Platform.12. You are solely responsible for your use of our Platforms and any data and content that you submit to our Platforms. You use our Platforms at your own risk.13. You must not submit any content or information that may contain any hidden images or code, any malicious code, data or set of instructions that intentionally or unintentionally causes harm or adversely affect the intended function of our Platforms including, viruses and other computer programming/software routines that may damage, modify, delete, interfere with, intercept or access any system, data or personal information without our permission.14. Our Platforms contain chat areas and other messaging and communication facilities that are designed to let you communicate with us and share your thoughts and opinions with others.15. Any content that you submit, post or display on our Platforms can be viewed by the general public. You therefore need to make sure that you only submit content to us that you are comfortable sharing with others.16. All content which is submitted to us, is the responsibility of the person who submits it. We may not check all content which is complete, truthful, accurate or reliable. We do not endorse any opinions by other people that are submitted to us. That includes opinion pieces and feature articles by our Active Members, any Advertisers and others.17. You are solely responsible if you rely on any content that is submitted to us and is posted on our Platforms. You use and rely on that content at your own risk.18. We reserve the right not to use or post any content that you submit. We also reserve the right to change or remove any content at that time.19. When you submit content to us you retain your rights in relation to it, however you grant us a perpetual, worldwide, non-exclusive royalty free licence to use, publish, re-produce, copy, adapt and modify that content. No conversation will be paid for any content that you submit.20. You further represent and warrant that:
(a) it is your responsibility to be familiar with and comply with all applicable Local, State and Federal laws, regulations, rules and ordinances, including, without limitation:
i. privacy laws, intellectual property laws, anti-discrimination laws and related regulatory requirements;ii. the Pesticides Act 1999 NSW and Pesticides Regulations 2017 ;iii. the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including but not limited to the obligations relating to consumer guarantees;iv. Local Council regulations relating to rules regarding the supply of produce and/or food items from private and public property;v. All laws, regulations and codes relating to food handling, food safety and food labelling to the extent that you offer Goods for sale or sample.
21. You will not in relation to your use of the Platform:(b) If you are an Advertiser, the Goods/Services are not illegal or banned under any local, state or federal laws.
22. You warrant that no content is, shall or could:
(a) be false, inaccurate, misleading or deceptive to any person;
(b) act dishonestly or inappropriately;
(c) violate any applicable law, statute, ordinance or regulation;
(d) do anything that may create any liability for us or cause us to suffer Loss of any nature in connection with your use of the Platform;
(e) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information in connection with our Intellectual Property Rights including but not limited to on the Website or in any materials except as permitted in these Terms and Conditions or as expressly authorised by us in writing;
(f) use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our written consent;
(g) use the Website to transmit or send unsolicited commercial communications;
(h) use the Website for any purposes related to marketing without our express written consent.
(i) engage in any action that directly or indirectly interferes with or disrupts the proper working of the Website, including but not limited to unsolicited communications to other Active Members; or
(j) use our brand, logos, trademarks and any other intellectual property except as expressly permitted or provided by us in writing prior to such use (including as set out on the Website).
(a) be inappropriate, inaccurate, offensive or objectionable;
(b) in any way offend other Active Members, or users of the Website or bring the Website or us into disrepute in any way;
(c) falsely state, impersonate or otherwise misrepresent your identity, or misrepresenting your details including current address;
(d) be unlawful or potentially or actually libellous, abusive, obscene, discriminatory, offensive or otherwise objectionable;
(e) include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships or is otherwise confidential;
(f) contain software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of the Website; or
infringe any third party’s intellectual property rights.
24. Any Terms & Conditions included in your Listing, must not conflict with these Terms & Conditions or the relevant cancellation policy for your content.
(a) provide a complete and accurate information about your Goods/Services;
(b) disclose any specifications and requirements that apply; and
(c) provide any other pertinent information applicable to your Listing. You are responsible for keeping your content up to date at all times.
25. We recommend that you obtain appropriate insurances for your Goods/Services that you wish to advertise on our Platform.
26. If you wish to offer for sale (including by offering free samples to the public) any Goods/Services on our Website, you make the following warranties and representations:
27. You acknowledge and agree that we are not a supplier of your Goods/Services and that we provide the Platform for Active Members and the public to connect. Our responsibilities are limited to hosting the Platform. You are solely responsible for and assume all liability in connection with the terms of any contract that you enter into with a third party relating to the Goods/Services. For the avoidance of doubt, we do not assume any involvement in, responsibility or liability for any Loss or Claims in relation to such contracts.
(a) you are responsible for complying with the NSW Food Act 2003, Food Standards Code and all food safety, handling and labelling laws, regulations and guidelines;
(b) you hold all necessary licenses, permits, permissions and approvals to supply the Goods/Services;
(c) if required by law, you have registered your details with the NSW Food Authority and have read the Food Handling Guide to ensure they comply with the NSW Food Authority Food Handling Guidelines for Temporary Events and Temporary Events and Food Standards and Labelling.
28. We do not make any warranty or representation in respect of the Goods/Services you sell on our Platform (including free samples), including without limitation, in relation to the Goods/Services suitability, quality, fitness for purpose, safety or legality of the Goods/Services.
INFORMATION AND WEBSITE
29. We may modify, replace, refuse access to, suspend or discontinue the Platforms partially or entirely, or change and modify any details in our absolute discretion.
30. By providing information to us, you represent and warrant that you are entitled to submit that information and that information is accurate, not confidential and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your information accurate and updated. We assume no responsibility for your information being inaccurate or out of date.
31. By applying to be an Active Member, you grant us an irrevocable licence to publish on the Website and in any promotional material (whether hard copy or electronic the information that you provide in relation to your listing, including but not limited to for promotional, advertising and/or marketing purposes.
32. Our Platforms may include third party content which is owned and/or subject to that third party’s terms and conditions of use, including content that is published on our Platforms by Advertisers. You have no right nor are you granted any licence to use that third party content.
33. You acknowledge that we have no control over or endorse any content published on any third party sites linked to our Platforms. These sites are linked for convenience only. Your use of those linked sites is solely your responsibility.
34. You acknowledge and accept the risk of any communication to or from the Website and content published on the Website may be accessed, intercepted, used or modified by third parties.
LIABILITY AND INDEMNITY
35. You acknowledge and agree that you are solely responsible for any and all Claims and Loss of any nature howsoever arising in connection with any content you post on the Platform.
36. You indemnify and at all times in the future must keep us indemnified for all Loss and Claims incurred or suffered by us arising directly or indirectly from or in connection with:
(a) your breach of any term of these Terms and Conditions;
(b) your breach of any law;
(c) your breach of any warranties or representations in these terms and conditions;
(d) any act or omission by you in respect of any content or other information provided by you to us; or
(e) any death or injury to persons, or damage to property, caused by any act or omission of you, or your employees, agents, contractors or invitees;
37. To the fullest extent permitted by law, we (including our officers, employees and agents) will not be liable for and you release and hold us harmless from all Loss that you may incur and from all Claims arising from or in any way connected with these Terms and Conditions, or your use of the Website.
(f) any act or omission by you in connection, including any negligent act or omission.
38. Any liability to you for a breach of any condition which is not excludable by law (“non-excludable condition”) is limited, at our option to anyone of re-supplying, replacing or repairing, or paying the cost or re-supplying goods in respect of which breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
39. Except for liability in relation to a breach of a non-excludable condition, our liability to any User of our Platform is limited to the total amount of payments made by that User to us during the twelve (12) month period prior to any incident causing liability of us, or $50.00, whichever is greater.
40. If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, it must be read down so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If this is not possible, the clause or offending part is taken to be severed from the Agreement and the remaining provisions of these Terms and Conditions will not be affected in any way.
41. These Terms and Conditions is governed by the law of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
43. You consent to Grow It Local using the personal information provided by you to contact you regarding anything connected with the Platform, and to contact you for promotional and marketing purposes including but not limited to other services offered by us or our affiliates and partners, and marketing and promotional campaigns.
Local Growers Market service: Sharetribe Ltd
info (at) sharetribe.com
Name of the register
User register of the Local Growers Market service
Use of personal details (purpose of register)
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
Information content of the register
The following information may be stored in the register:
- Personal details: Name, email address, phone number, street address
- Account details: username, password (stored in encrypted format)
- The description text that the user may write about him/herself
- The offers and requests the user has posted to the service
- The given and received feedback and badges
- Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
Regular handovers of the information
Information considering users of a single Local Growers Market community may be handed over to the client who has founded that community or to the community administrators appointed by that client.
Transfers of the information outside the EU and the European Economic Area
Information may be stored to a server that may be located inside or outside of the EU and the European Economic Area
Register protection principles
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.