Terms and Conditions

Terms & Conditions

General

Welcome to My Farmers Market Table and thank you for visiting. There are some things that you should know about prior to settling in. It is only fair that you know who we are! This websitewww.My FMT.com.au (“the Site”) is owned and operated Scribbly Bark Pty Ltd (ABN59135244030) t/a My Farmers Market Table (“My FMT” “us” “our” ”we”).

These Terms and Conditions apply to the services offered by us through this Site. When we use the words “you”, “your” and “client” or “customer” we are referring to our customers and visitors to this Site. By using and visiting our Site you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Your privacy is important to us so we also recommend that you view and understand our Privacy Policy.

We may make changes to this Site including these Terms and Conditions, and the products we offer at any time without prior notice. Your continued use of the Site constitutes acceptance and agreement to any changes so we recommend that you pop back from time to time to ensure you are up to date.

Requirements of Using of this Site

In order to make a purchase through our Site customers may need to create an account with us. Once you have an account, please ensure that you keep your account username and password secure, as My FMT is not responsible for any unauthorised transactions made through your account. You may at times wish to make a purchase on behalf of a third party, which is fine but when you do so, you are representing to My FMT that you have the authority to conduct the transaction.

If you choose to create an account via Facebook, rest assured that we do not have access to your profile, page or any other information contained in Facebook. This log-in process is used as a secure means for creating an account.

We may require that purchases are made by people over the age of 18 years old, especially where purchases are paid for by credit card. When you make a purchase through our online store you are providing us with a warranty that all details you provide are valid and correct and authorised by the credit card holder.

Purchasing packs that contain liquor

Some boxes may include alcohol. My FMT does not need to hold a liquor license as long as we follow certain conditions. These additional terms apply to purchases of boxes that include liquor. The purchaser and recipient of a box containing liquor must both be over the age of 18 years. By ordering a box that contains alcohol you provide My FMT with a warranty that you are over 18 years of age and that the recipient is over 18 years of age. My FMT reserves the right to ask purchases and recipients for proof of age identification. You will need to ensure that a person over the age of 18 years old is present to accept delivery of a box containing alcohol. There are also limits on the amount of alcohol that can be supplied to a person per day. This may mean that we need to stagger deliveries to you if you order a certain number of boxes.

Pricing & Payments

We provide some products on a monthly subscription basis. Our subscriptions include the ongoing delivery of a box to you, or to someone else as a gift on your behalf. When you purchase a subscription box from us, you will be asked to sign up for an ongoing subscription. When you proceed to the checkout and place your order, you are agreeing to purchase abox of products per month for your chosen period. My FMT will deduct the payment each month and arrange delivery of your products to you.

Our prices are displayed in Australian Dollars (AUD), and include GST. Delivery charges may be additional. Some prices are displayed in terms of ‘from’ a minimum price. Prices may vary due to the number of months that you choose to subscribe. Once you select the duration of the subscription, you will be notified of the price you are required to pay in advance for your purchase. Please contact us at any time if you have any queries about your purchase price.

By purchasing an ongoing subscription you are agreeing for us to withdraw the cost of your box, on the first day of each month during the period of your subscription. You may cancel, pause, or skip a month of an ongoing subscription by notifying us by email or phone by the last working day of the month, which will stop us shipping the next box to you.

My FMT may vary our prices from time to time and the new prices will be effective immediately, unless you are on a subscription package already, in which case you will be notified of any changes in price and will have the option to accept the new price, or cancel your subscription.

Special Food Requirements

As a retailer, My FMT relies upon the descriptions provided to us by the product manufacturers. If you have special food requirements we encourage you to contact us for a complete list of product ingredients. We will not replace particular products contained in a pack after it has been received by you.

Ordering Process & Stock Availability

Once you have submitted your order and made payment we will send you a receipt by way of email. My FMT uses our best endeavours to have the products advertised on our website on hand at all times, however products are subject to availability from the manufacturers. In the event that we do not have a particular item for your pack, we may substitute that item with a similar product. My FMT has established relationship with our product manufacturers who authorise us to sell these products. Our packs, and the products contained in them are not available for re-sale unless you have made an agreement with us. If you are interested in purchasing wholesale quantities we invite you to contact us to discuss how we could work together further.

Changing or Cancelling your Order

If you have concerns arising from the products displayed in a particular pack we encourage you to contact us prior to placing your order. We cannot guarantee that we will be able to change particular products in our packs.

Single Purchases

If you wish to change the type of pack that you have ordered or cancel your purchase in full, we may be able to do so if we have not shipped it to you. If we have already arranged for delivery we will not be able to change or cancel your order.

Subscriptions

You may cancel, pause, or skip a month of an ongoing subscription by notifying us by email or phone by the last working day of the month, which will stop us shipping the next box to you. Gift subscriptions cannot be cancelled but we can facilitate a transfer of the subscription to another party.

Delivery

My FMT delivers anywhere in Australia through Fastway Couriers and Australia Post. Your first delivery will be arranged upon completion of your order. We send our subscription packs around the tenth day of each subsequent month, unless that falls on a weekend or NSW public holiday, in which case delivery will be arranged on a business day around that time.

Please allow up to seven business days for receipt of your products. Please also check your delivery details carefully as My FMT is not responsible for packages that are lost due to incorrect addresses.

It is important to us that you receive your products and especially given that they are perishables your pack will not be left at an unattended address. If you aren’t home to receive your product you will be left a calling card to arrange another time. If two delivery attempts are made unsuccessfully the products will be returned to My FMT and you will need to pay re-delivery and administrative costs. We also won’t be able to guarantee that the products will be available to you.

While we will make all best efforts to ensure your products arrive within a reasonable time, as you would appreciate, we are reliant upon third party delivery providers and My FMT cannot be held liable for delays outside our control for example, delays due to weather, holiday/seasonal delays, customs issues, industrial action, acts of God etc.

Returns and Refunds

Please select your pack carefully as we do not provide refunds for a change of mind. We will refund or replace your purchase in the following circumstances:

  • if the products (excluding packaging) are defective, or not as described;
  • if the products are damaged during transit; or
  • where we have given you the incorrect box.

If you wish to make a refund claim you should do so within 10 days of receiving your package. We may ask you to send us a photo of the goods prior to processing your refund or replacement order. We are careful with our packaging but damage may occur during delivery. We will replace the particular item(s) that have been damaged and any other items if the contents have been spoiled. My FMT will not replace items in circumstances where only the packaging has been spoiled.

Our Technology

My FMT provides this Site is for personal, non-commercial use only. My FMT grants you a limited, revocable and non-exclusive license to access and make use of the Site. This limited license excludes the right to:

  • frame or utilize framing techniques to enclose the Site or any portion of the Site;
  • republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site);
  • make any use of the Site or any and/or all Site Content other than for personal use;
  • modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
  • collect account information for the benefit of yourself or another party;
  • use any meta tags or any other hidden text utilizing any and/or all Site Content;
  • use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
  • download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

Any unauthorized use by you of the Site or any and/or all of our Site Content, will result in automatic termination of this license.

Your interaction with us

My FMT wants to form a community, and we value your comments. If you upload content (“User Content”) while accessing or using the Site, you are giving us consent to use that content by granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the intellectual property you have in any User Content. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.

You agree that you will not upload or provide User Content which is:

 

  • defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
  • infringes the intellectual or other proprietary interests of third parties;
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
  • violates any law;
  • forges information to disguise the origin of any User Content; or
  • encourages or incites any other person to engage in any of the above behaviour.

Third Party Sites

At times our Site may contain links to sites operated by other parties. My FMT does not provide any guarantees about any linked sites, and we have no responsibility or control over linked Sites. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

Intellectual Property Rights

My FMT retains all ownership rights over all intellectual property (registered or unregistered) available on this Site. All intellectual ownership rights available on the products we sell, are retained by the manufacturer of the product.

Representations and Warranties

The description of products contained on our Site is based upon the information provided to us by product manufacturers. Any views or opinions displayed on the Site are made by My FMT and are the view of the author. We do not warrant that information remains true or accurate and we encourage you to contact us to seek clarification that you require. The advice and information contained within this Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific needs.

We love our website, but we cannot warrant that the functional aspects of the Site or Site Content will be error free. We also cannot that provide you with a warrant that this Site, the Site Content or the server are free of viruses or other harmful components, as we are not liable for any third party interference with the Site. We do not guarantee functionality on individual systems, or that it will be compatible with third party software or hardware. We always recommend that all users of the Internet ensure they have up to date virus checking, firewall and internet security software installed.

Limitation of liability

By using our Site you agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable, for any:

  • interruption of business;
  • access delays or access interruptions to the Site;
  • data non-delivery, failure to deliver, corruption, destruction or other modification;
  • computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites;
  • any inaccuracies or omissions in Site Content, or
  • events beyond our reasonable control.

Indemnification

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to your breach or non-observance of any term of these Terms and Conditions.

Breach and termination

If My FMT is of the view that you have breached these Terms and Conditions we may take action such as issue a warning, suspending or preventing your access to the Site.

Force Majeure

My FMT is not responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Applicable Law

These terms and conditions are governed by the laws of the Commonwealth of Australia and the State of New South Wales. By using this Site you submit to the jurisdiction of the courts of New South Wales.

Privacy Statement

Your privacy is important to us. This privacy statement explains how Scribbly Bark Pty Ltd (ABN59135244030) t/a My Farmers Market Table (“MFMT” “us” “our” ”we”) handles your personal information.

What personal information do we collect?

“Personal Information” means any information that is identifiable to you. We may collect the following information from you:

  • Name
  • Address
  • Email address
  • Telephone number
  • Information you give us in inquiries
  • Credit Card details

What sensitive information do we collect?

Sensitive information includes, but is not limited to, information about your health, fitness and nutrition. We do not collect sensitive information as a matter of course. However, if you contact us to discuss the product ingredients due to allergies, you may disclose sensitive information to us. We will not otherwise ask for sensitive information, and we deal with sensitive information as set out in this Statement.

 

How do we collect your personal information?

We collect information from you in a number of ways. We will generally collect the information that you provide to us through our website such as when you register for an account with us, purchase a product, sign up as a subscriber to our mailing list, or if you contact us with an inquiry. We may also obtain information from visitors to our website, but this generally in a de-identified form. You can choose to open an account with us through Facebook, but we do not obtain and cannot see any personal information contained in your Facebook account.

What do we do with your personal information?

We use your information first and foremost to provide our services to you, including processing your purchase and delivering our products to you. We will also use your information to communicate with you about your purchase and to respond to any inquiries that you may have. We are an online store so this information is required if you wish to purchase products from us. We may at times use our account-holders information to inform you of special offers that may interest you. If you choose to subscribe to our email list, we may send you information about our products and services. You will be able to unsubscribe from these emails at any time.

Do we disclose your information?

We will only disclose your information as required to process your order and deliver your products to you. We use a third party payment provider, which means that you provide your credit card information directly to them. We recommend that you visit the Privacy Policy of our payment provider in order to understand how they handle your personal information. We also use third party delivery providers. Your name and address will be visible on the package in order to have your products delivered to you. We will also pass on your telephone number, so that the delivery company can contact you they need to discuss your delivery with you.
At times we will disclose information about sales and customers to our business advisors, however this information will generally be unidentified and will be in an aggregated form. We will not disclose your information to any entity based overseas.
We do not sell or exchange our customer information with any third parties.

Do you use cookies?

Yes we do, as do most websites. But rest assured, cookies do not cause you any damage, they assist us to provide a better service to you.

Third party sites

On occasions we may have links to other websites, however once you leave our site any linked websites are not within our responsibility or control.

Our Website

We may use information about visitors to our website for analytical purposes to assist us with our business and marketing. We want to make sure we are communicating with visitors to our Site in the most effective way. Generally, this information will not be used in a personally identifiable manner but we wanted to let you know.

Google AdWords Remarketing

My FMT uses remarketing to advertise online.

Third-party vendors, including Google, show our ads on sites across the internet.

Third-party vendors, including Google, use cookies to serve ads based on your past visits to this website.

Visitors can opt out of Google’s use of cookies by visiting the Ads Preference Manager or visitors can opt out of a third-party vendor’s use of cookies by visiting Network Advertising Initiative opt-out page.

Security

We keep your information as required by law, and all information is kept securely to avoid unauthorised use or disclosure. When we no longer require your information it will be safely destroyed. We take reasonable security measures to protect your information, however we are not liable for unauthorised access to this information.

Can I access my information?

Yes, you are entitled to access your personal information held by us. We are also required to hold information that is accurate and complete so please notify us of any changes to your information. You can do this by contacting us.

What do I do if I have Privacy concerns?

For further information, or to make a complaint about the treatment of your personal information please contact us via our contact page. We will endeavour to respond to your concerns within 30 days.

Changes to this Statement

This Privacy Statement may be subject to change. We encourage you to check this page from time to time for any revised version.

Jurisdiction

Scribbly Bark Pty Ltd is a company incorporated in Australia and is subject to the laws of Australia. This Statement is drafted pursuant to the Privacy Act 1988.