Applying to become a Seller

1. You must be carrying on a business and have a valid Australian Business number to apply to become a third party seller (a Seller) of any Products or Services through the Website.
2. In order to become a Seller on the Website, you need to register an account and subscribe to one of the available memberships. A monthly fee is payable to use our platform, based on the number of products you list on the Website.
3. As a Seller, you can only sell Products that you grow, raise or make yourself. In an instance where circumstances are such that the grower or maker is unable to sell the Products themselves, we will ask you to provide written consent/instructions from the farmer, grower or maker asking you to sell it on their behalf.
4. The Backyard Pantry has complete discretion to determine whether or not to approve any membership registration to become a Seller on the Website.
5. The Backyard Pantry reserves the right to suspend or cancel any membership at any time if it is deemed that the Seller and the Backyard Pantry cannot maintain a good working relationship.
6. The monthly subscription fee will be deducted from your nominated account (using Stripe) each month, you can cancel the subscription at any time. If you have any issues with cancelling your subscription, please contact us as soon as possible.
7. We use PayPal and Stripe to provide secure payment gateways for Buyers on the Website. Buyers can pay for Products by using a valid debit or credit card, or their PayPal account.
8. PayPal and Stripe will deduct their standard fees from any payments made by Buyers. The Backyard Pantry does not take any fees from the payments that Buyers make to Sellers. Please read the Terms and Conditions for PayPal and Stripe to familiarise yourself with their fee schedule.

Products and other Goods and Services

9. The Seller is responsible for obtaining and maintaining all the necessary registrations, permits, licences and clearances from their council and other relevant authorities before listing any Products on the Website.
10. Sellers must comply with any and all guidelines issued by us in respect to the types of Products and Services permitted to be sold through the Website.
11. We reserve the right to prohibit the sale of a particular Product or Service. Immediately upon being notified by the Backyard Pantry, you must remove the particular item or type of item from sale on your virtual stall that has been prohibited by us. You acknowledge and agree that we may take action to remove any prohibited item from sale through your virtual stall if you do not remove it in a timely manner after being informed to do so.
12. Sellers must ensure that their Products offered for sale on the Website do not contravene any local, state, national or international Laws or Acts, and that it does not involve the sale of stolen, counterfeit or illegal Products.
13. To the fullest extent permitted by law (including but not limited to the Australian Consumer Law), the Seller indemnifies the Backyard Pantry against any loss or damage suffered or incurred by them arising from or in connection with any third party claim in connection with their Products, or the offer or sale of their Products through the Website, except to the extent that such a loss or damage is caused by the negligence, fraud or other wrongful act or omission of the Backyard Pantry.

Seller Content

14. The Seller is completely responsible for all the Seller content created or submitted by the Seller or on the Seller’s behalf for display on the Website regardless of whether the Seller uploads the Content directly to the Website, or we upload the Content on the Seller’s behalf.
15. The Seller must ensure that all of their Content (including but not limited to product details, listing information, pricing, availability information, images, names and logos) displayed on the Website and their virtual stall is accurate, true, correct and not deceptive or misleading in any way.
16. The Seller is responsible for all dealings with regulators in connection with their Content and must promptly and actively cooperate with any regulator who raises any issue with their Content.
17. The Seller agrees that the Backyard Pantry may (without prior notice to the Seller) immediately remove any of the Seller’s Content from the Website that the Backyard Pantry reasonably believes breaches these Terms & Conditions.
18. To the fullest extent permitted by law (including but not limited to the Australian Consumer Law), the Seller indemnifies the Backyard Pantry against any loss or damage suffered or incurred by the Seller arising from or in connection with:
    1. a breach of any warranty set out in this Section regarding Seller Content; or
    2. any third party claim in connection with the Seller Content or the display of the Seller Content on the Website, except to the extent that any loss or damage is caused by the negligence or a wrongful omission or act of the Backyard Pantry.
19. The Seller agrees to the Backyard Pantry using the Seller Content to operate the Website (including but not limited to creating the Seller’s virtual stall and to display the Seller’s Products on the relevant pages of the Website).
20. The Seller agrees to the Backyard Pantry using the Seller Content for the purpose of promoting the use of the Website and the sale of Products through the Website through promotional emails and social media posts.
21. The Backyard Pantry does not claim any ownership rights in any of the Seller’s Content. The Seller grants the Backyard Pantry a non-exclusive, royalty-free licence to use the Seller Content in the manner permitted under these Terms & Conditions. The Seller consents to the Backyard Pantry using, altering and displaying the Seller’s content in accordance with these Terms & Conditions.
22. To avoid any doubt, the use of a Seller’s Content by the Backyard Pantry in accordance with these Terms & Conditions does not limit the Seller’s responsibility or liability for the Content in any way, except to the extent of any alteration of the Seller’s Content by the Backyard Pantry.

Store Policies & responsibilities towards Buyers

23. The Seller is responsibility for all aspects of the sale process of their Products. Each Seller should have their own Terms and Conditions or “Store Policy” on their virtual stall, setting out their terms and conditions for the sale of their Products. These might include details on stock availability, delivery/pick up options and times and a refund policy. The Seller must ensure the policy is compliant with all laws and does not contravene any of the Backyard Pantry’s Terms & Conditions. It is the Seller’s responsibility to enforce their store policy.
24. Sellers are required to maintain good customer relations by always communicating with Buyers in a timely, courteous, and honest manner and by resolving customer complaints efficiently and fairly.
25. Any unresolved failure to maintain good customer relations may lead to the Backyard Pantry suspending or deactivating a Seller’s virtual stall and/or account and taking steps to prevent the Seller from using the Website.

Listing and selling Products through the Website

26. Each of the Seller’s Products must be listed in an appropriate category.
27. If and when a Buyer accepts the Seller’s offer to sell one or more of their listed Products by placing an order, the Seller is obligated to promptly supply the goods and services ordered in accordance with the Seller’s store policy and these Terms & Conditions.

Delivering Products

28. The responsibility to deliver the listed Products to Buyers is solely that of the Seller.
29. The Seller should set out their delivery options in their Store Policy (or Virtual Stall Terms and Conditions). The Seller can decide which areas they will deliver to and how often.  The Seller also has the option to choose whether they will allow Buyers to pick up from their physical shop/farm.
30. The Backyard Pantry is in no way responsible to ensure that the Seller’s Products get delivered to or picked up by the Buyers.

Fees

31. For Sellers to access and use the Website to list and sell their Products, a monthly subscription is payable based on the Seller’s situation and the number of Products they want to list. The Backyard Pantry may change the current subscription fee at any time, by providing the Seller with at least 30 days’ notice of the new fees and the effective date for those new fees.
32. The fees are payable monthly and is a continuing obligation. The Seller may cancel at any time, but no refunds will be given (either for fees paid monthly or in advance). For example: Say the Seller pays the monthly subscription on the 2^nd of each month. The Seller pays the monthly fee on the 2^nd of January, and then decides to cancel their subscription on the 20^th of January.  No payment will be taken on the 2^nd of February, and no refund will be given for the period from the 20^th of January to the 2^nd of February.
33. If the monthly subscription fee is not paid in full, the Seller will not be able or allowed to list and sell their Products through the Website.

Personal Information

34. Any personal information a Seller obtains in connection with a transaction through the Website, must strictly only be used for the purpose of completing that transaction or for Customer Communications relating to that transaction. Sellers must not use any personal information of a Buyer or Website user, for any non-transaction purpose (including, but not limited to promoting any other business, good or service.
35. Sellers must handle all personal information collected by them in connection with the Website in accordance with the requirements of the Privacy Act 1988.

Prohibitions on use of Website

36. The Website is not to be used to conduct business or for other promotional purposes that are not directly connected with the purchase and sale of Products through the Website in accordance with these Terms & Conditions.

Date last reviewed: 10/09/2023