Terms and Conditions

General

1. These terms and conditions govern your relationship with the Backyard Pantry (The Backyard Pantry Pty Ltd, ABN: 60 663 594 625) (“the Backyard Pantry”, “we”, “us”, “our”) and the use of the website at https://backyardpantry.com.au (“the Website”) and all orders that you may make for food, drinks and any other products or produce (collectively “Products”) advertised for sale by us and the Sellers using the Website.
2. Please read these Terms & Conditions carefully before accessing or using the Website. If you are under 18 years of age, you must obtain your parent or guardian’s consent before accessing and using the Website.
3. Your access to and use of the Website, including any order of Products through the Website is subject to these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not order from or through the Backyard Pantry.
4. By accessing and using the Website, you agree to and are bound by these Terms & Conditions.
5. We may amend these Terms & Conditions from time to time. The new Terms & Conditions will come into effect as soon as they are posted to the Website.
6. To avoid confusion, these Terms & Conditions apply to all users of the Website, including buyers, sellers and contributors.
7. Our Privacy Policy forms part of these Terms & Conditions.

How the Website operates

8. As the owner and operator of the Backyard Pantry Website, our role is to provide a platform through which third party sellers and buyers can sell and purchase certain products and services.
9. Except as expressly set out in these Terms & Conditions or otherwise required by the relevant laws, we do not have any responsibility or liability in connection with:
   1. the products or services listed by third party sellers,
   2. any information displayed about those products or services; or
   3. any transaction for the sale or purchase of those products or services.
10. In some instances, we might help a Seller create their profile and upload their products, but we take no responsibility for the accuracy of any content, images, product details (including but not limited to product descriptions, ingredients, prices and availability) or any other material created or submitted by or on behalf of a third party Seller for display on the Website (Seller Content).
11. Although we will do our best to maintain the integrity of the Website, we do not guarantee the truthfulness, accuracy reliability or completeness of any Seller Content.
12. Sellers manage their own listings and virtual stall, so Seller Content is subject to change at any time without notice.
13. The Website is intended for use only within Western Australia.  Under no circumstances will products be shipped outside Australia.

Registration

14. Before placing an order through the Website, you must complete the customer registration process (also referred to as “set up an account”). Any personal information that you give us will be held and used by us in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
15. You may not have more than one active account, and you are responsible to ensure that the details of your account are accurate and up to date.
16. If you should choose to use a workplace email for your account, then you are solely responsible for ensuring that you comply with the policies, rules and protocols that apply to the use of your email address and your workplace facilities.
17. You may update, edit or terminate your account at any time. You can do that in the account dashboard. If you have any troubles with that, please email info@backyardpantry.com.au.
18. When you set up an account through the Website, you will be asked to create a password. You must keep this password confidential and must not disclose it to anyone. You will be held responsible for all activities and orders that occur or are submitted under your password and through your account. If you suspect that your account or password has been compromised, please notify us immediately. We also suggest changing your password by using the “my account settings” within your dashboard. If you are having any issues, please email info@backyardpantry.com.au.
19. Following the set-up of your account, we will email confirmation of your account set up to you. Please make careful note of the details for your records, and make sure to keep your password confidential as stated above.
20. If the Backyard Pantry has any reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend or cancel your account. If we were to suspend or cancel your account, we would inform you as soon as is practicable.
21. The auto login facility is provided for your convenience. If you decide to enable it, you remain liable for all activities and orders which are submitted to your account. You should therefore only enable auto login (remember me) on your machine if you are sure that it will not be misused by someone else. We advise against enabling auto login if you use a shared device.
22. The Backyard Pantry has absolute discretion in determining who is permitted to become (and remain) an account holder for buying and selling goods through the Website.

Placing an order

23. You may order products by selecting and submitting your order through the Website in accordance with these Terms & Conditions.
24. Any order placed through the Website for a product is an offer by you to purchase the particular product for the price stated on the Website (including the delivery fee and any other relevant charges and taxes) at the time you place the order.
25. In some instances, we may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.
26. Please make sure you read the Terms & Conditions of the Seller that you are placing an order with, as they will apply to your individual order in conjunction with the Terms & Conditions of the Backyard Pantry. (Each Seller has their own Terms & Conditions on their Stall Listing page).

Fees and Charges

27. We will charge you, and you agree to pay the following fees and charges in relation to any order that we and/or the Seller accept:
    1. The purchase price of each Product that is ordered;
    2. The delivery fee; and
    3. Any other fees and charges applicable to those Products.
28. All fees and charges identified in these Terms & Conditions as well as all prices for the Products include GST where applicable and are charged in Australian Dollars.

Payment

29. To complete and confirm any order you place, you must pay the fees and charges online using the online payment methods offered at the time of checkout.
30. We accept valid credit and debit cards, payment via PayPal and direct bank transfer. An order is not deemed accepted until payment has cleared.
31. If we are unable to successfully process payment through your nominated payment method for your order that has been accepted by us, then we may notify you of dishonour and cancel your order.
32. You authorise the Backyard Pantry to debit the amount that is payable for an accepted order from your nominated debit/credit card or PayPal account to pay for the fees and charges.
33. The Backyard Pantry reserves the right to suspend deliveries to you and/or terminate the agreement with you if we are refused authority from your card issued for payment or we reasonably believe that payment will be refused. You agree to compensate us (and where applicable, the Seller) in full against any and all reasonable costs and expenses (including any reasonable legal costs) that we may incur in obtaining payment due from you, that you have not made in accordance with your agreement with us (or the Seller) as set out in these Terms & Conditions.
34. If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your order via the Website. You must contact us directly to arrange payment and wait for that payment to be cleared before you can make changes to your order through the Website.
35. We do not accept cheques as payment method.
36. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

Acceptance or Rejection of an offer

37. The Seller reserves the right to accept or reject any order for any reason, including if the requested product is unavailable, if there is an error in the price or the description posted on the Website or in your order.
38. Each order that you place for Products through the Website that the Seller accept results in a separate binding agreement between you and the Seller for the supply of those Products. For each order the Seller accepts, they will supply the Products to you in accordance with these Terms & Conditions.
39. If a Seller rejects an order placed through the Website, they will endeavour to notify you of that rejection at the time the order is placed, or within a reasonable time after your order is submitted. It is therefore important to make sure your contact details in your account is correct and up to date.

Our right to cancel an order

40. The Backyard Pantry, and where applicable, the Seller, may cancel an order (including any orders that have been accepted) without any liability to you for that cancellation at any time if:
    1. The requested Products in that order are not available; or
    2. There is an error in the price or the product description posted on the Website in relation to the relevant Product(s) in that order; or
    3. That order has been placed in breach of these Terms & Conditions.
41. If we (or the Seller) cancel an order in accordance with the above clauses, we (or the Seller) will provide you with reasonable notice of the cancellation, and will not charge you for the cancelled order. If any payment has been taken from the cancelled order, then the full payment amount will be refunded to your original payment method or through alternative means.

Delivery of Products

42. Where the Seller offers delivery, the Products will be delivered to the Delivery Address that you provide. Unless otherwise advised by the Seller, you do not have to be present in order for the Products to be delivered to the Delivery address. You are however responsible for determining and ensuring that the Products can be safely delivered to the address you provided.
43. Where expressly stated, you will be able to collect your Products directly from the Seller (please read and choose the delivery options carefully, as they will differ between Sellers).  It is your obligation to collect on the day and time that you and the Seller agreed upon.
44. You agree to comply with certain delivery requirements specified below and such other requirements that we (or the Seller) notify to you when you place your order through the Website.
45. For Products that can easily spoil, please pay careful attention to the delivery/pick up requirements on the Seller’s Stall or Website. Neither the Backyard Pantry, nor the Seller are responsible for any loss, damage or spoilage of your products due to your failure to adhere to the delivery/pick up instructions and agreement.
46. You:
    1. Acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to take receipt of your order, and
    2. If no one is at the Delivery Address, then you authorise the Seller (or relevant delivery/postage company) to leave the Products in a safe place at the Delivery Address.
47. Please carefully read the full Terms & Conditions and/or Shop Policy and Shipping Policy of the Seller you are placing an order with.  It is important to choose the correct delivery option for each particular order.

Disputes about Website Transactions

48. When Products or Services are ordered through the Website, a separate contract may arise between the Buyer and Seller.
49. The Backyard Pantry is not a party to any separate contract that may arise between a Buyer and Seller. If you have a dispute with any Buyer or Seller concerning a transaction you have made on the Website, you (and not the Backyard Pantry) are responsible for enforcing any rights that you may have against the other party. Buyers should refer to a Seller’s Store Policy for information on dispute resolution with that Seller or can contact the Seller via the contact details provided on the Seller’s Stall page or in the relevant order confirmation email.

Availability of the Website

50. Although the Backyard Pantry aims to offer you the best service possible, we make no guarantee that the Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us as soon as is practicable and we will correct the fault as soon as we reasonably can.
51. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or upgrades and improvements to facilities and services. We will restore the service as soon as we reasonably can. In the event that the Website is unavailable, the usual order and cancellation deadlines still apply, please notify the Seller of any changes to your order.
52. Although we undertake all reasonable steps to keep the Website secure, we do not guarantee that the Website is free from viruses or anything else which may damage any computer or device which accesses the Website or any data on such a computer or device.
53. We do not guarantee that we will continue to provide all or any of the services connected with the Website and we may cease the provision of any one or more of those services (including, without limitation, the services connected with enabling third parties to buy and sell goods and services through the Website) at any time. If we would stop making the Website (or any part of it) available, any orders that have been accepted will not be affected by this unless the Products that have been ordered are no longer available, in which case you will be notified and refunded the valid payments received for those Products.

General Obligations & restrictions

54. You:
    1. must ensure that your LoginID (username) and password used to access the Website and the details of your account are kept in a safe and secure manner;
    2. must notify us via the Contact Page if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
    3. must promptly advise us of any changes to your information provided to us as part of the customer registration process;
    4. are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Website;
    5. are responsible for any costs associated with your access to or use of the Website;
    6. agree that we may charge you for all Products that we and/or the Seller agree to supply to you that have been ordered using your LoginID and password through the Website; and
    7. should check the labels on the individual Products before consumption or use.
55. You may not assign or transfer any of your rights under these Terms & Conditions to another person or entity.
56. You must not:
    1. use the Website for any activities that breach any laws, infringe on a third party’s rights or are contrary to any relevant standards, codes or laws;
    2. use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers, or defames, harasses, offends or threatens any person or which prevents any other person from using or enjoying the Website;
    3. make fraudulent or speculative enquiries, purchases or requests through the Website;
    4. use another person’s details without their express consent or impersonate another person when using the Website;
    5. post or transmit any indecent, obscene, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
    6. tamper with or hinder the operation of the Website;
    7. knowlingly transmit any viruses, defects, worms or similar disabling or malicious code to the Website;
    8. use any robot, spider, site search or other mechanism to retrieve or index any portion of the Website;
    9. modify, adapt or reverse engineer any portion of the Website;
    10. create accounts by automated means or under false or fraudulent pretences; or
    11. use the Website other than in accordance with these Terms & Conditions.

Suspension of an Account

57. We reserve the right to refuse service, terminate an account and/or remove or edit content if we – acting reasonably – deem that you have acted in breach of these Terms & Conditions or have used the Website in a fraudulent or improper manner.
58. We also reserve the right to otherwise cancel any order if you are in breach of any of these Terms & Conditions.
59. You can cancel your registration with us at any time by informing us in writing (via the contact page). If you do so, you must stop using the Backyard Pantry’s services.
60. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of cancellation or suspension, or any orders submitted by you before we receive notice of your cancellation, and you will continue to be bound by such orders.

Copyright Notice

61. The Website and all materials, content, text, graphics, photographs, logos and names (together “Content”) are protected by copyright, trademarks and other rights of intellectual property owned respectively by us and the Sellers and or licensed to us and the Sellers. Anyone accessing the Website is entitled to view any part of it. However, the Content must not be used or reproduced (in whole or in part) for any other purpose, including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this site must be notified to and approved by us before they are created, or steps are taken to create the same.
62. Except as expressly stated above or otherwise expressly granted, we do not grant any licence or right in, or assign all or part of, any intellectual property rights in the Content or applications incorporated into the Website or in the user interface of the Website to anyone or any external entity.
63. If you wish to establish a link to the Website, you must first seek approval from us. To seek approval, please contact The Backyard Pantry with your request. Please provide the following information in order for us to assess your request:
    1. The URL of the website that you seek to establish a link from;
    2. A brief description of your website; and
    3. The reason you wish to establish a link.

Severance

64. The whole or any part of a provision of the Terms & Conditions that is illegal, invalid or unenforceable may be severed from the remaining provisions, and the remaining provisions of the Terms & Conditions will continue in full force and effect.

Limitation of Liability

65. To the maximum extent permitted by law (including, but not limited to the Australian Consumer Law), the Backyard Pantry excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website, the Seller Content, the Backyard Pantry Content and the use or performance of the Website, whether in contract, at common law or in equity, or on any other basis, except to the extent that the loss or damage is directly caused by the Backyard Pantry’s fraud or wilful misconduct.

Third Party Websites

66. The Website contains links to other websites produced, controlled and operated by third parties. Unless otherwise indicated, the Backyard Pantry does not control, endorse, sponsor or approve any such third party websites or their content. The Backyard Pantry does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or the contents of it.The Back