LocalTable Terms & Conditions
In these terms and conditions, “we”, “us” and “our” refer to LocalTable (ABN 92 860 135 372). Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, you set your own password. Passwords are encrypted and we do not have access to them. You are responsible for the security of your password.
- On registration you agree to pay for our services as set out on our website.
- We reserve the right to terminate your registered status at any time if you breach these terms and conditions.
- Our services are intended to be used by registered users within Australia only.
Products, payments and refunds
- We strive to ensure that our products’ contents are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Additional information provided in the product description/s forms part of these terms and conditions.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- Our product/s is/are subscription-based and are sold following the model known as “community supported agriculture”. You accept that central to this model is the concept of sharing the unpredictable nature of both the risks and bonuses inherent in food production with the producer/s of the product/s.
- Our product/s are supplied on a subscription basis, whereby payment is made in advance every 4 weeks for a fixed term. For example, for a subscription term of 40 weeks, ten separate payments will be automatically charged to your credit card at intervals of 4 weeks. You accept that while payments are charged in advance in equal amounts, the nature of this subscription model may mean that the value of the product may vary week to week. The full value of the product is guaranteed over the full term, but the weekly value may fluctuate.
- A subscription can be paused or suspended for a total of four weeks during the term of the subscription. The four weeks can be cumulative or consecutive. Payments will be automatically adjusted. It is your responsibility to initiate any pause or suspension at least the Monday prior to a scheduled Friday delivery by contacting us via the “Contact Us” page on our website. No credit or refund can be provided if you do not give us sufficient notice.
- We reserve the right to resell the product/s made available by you pausing or suspending your subscription to other customers on an ad hoc basis.
- You can choose to have your product/s delivered to another address instead of pausing or suspending your subscription for a total of four weeks during the term of the subscription. The four weeks can be cumulative or consecutive. Arrangements can be made directly with us by contacting us via the “Contact Us” page on our website.
- A subscription can be cancelled for the remaining term of the subscription at least one week prior to a scheduled delivery with no penalty incurred. If a subscription is cancelled any number of weeks before a scheduled payment date, you will be refunded the equivalent of both the product price and delivery charges for the weeks for which you have paid in advance. You accept the risk that you may lose value should you cancel your subscription before the full term of the subscription, as described in (11), above.
- Refunds are processed routinely on weeks when scheduled payments are due. For example, a subscription cancelled two weeks prior to a scheduled payment will be refunded two weeks following the request to cancel.
- We endeavour to ensure that our product list is current, however we give no undertaking as to the availability of any product/s advertised on our website.
- All prices are in Australian Dollars (AUD) and are GST free. We endeavour to ensure that our prices are current. Prices can be accessed from our “Subscribe” page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- Delivery is an additional charge, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information however, in providing us with such information, you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within 3 days. If we have not responded to you within 3 days, your order is deemed to be rejected. We are not required to give reasons for rejecting your order, however the most likely reasons for rejecting your order will be that we do not currently have that product in stock or payment has not been received.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the checkout page.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
- We supply and despatch our product/s to customers within Australia only.
- Deliveries are made on Fridays only.
- Customer pickup is not available.
- If you are not present at the time of delivery at the delivery address you provided during registration, you must make provision for the product/s to be safely left at the delivery address and provide us with clear instructions regarding same. We accept no liability for damage to or loss of product/s that have been left without you present at the delivery address, according to your instructions.
- If you are not present at the time of delivery at the delivery address you provided during registration and you have not made provision for the product/s to be safely left at the delivery address and have not provided us with clear instructions regarding same, we will not leave the product/s at the delivery address and you will be responsible for organising delivery at a later time. This may be another day. An additional delivery fee will be charged, equivalent to the delivery fee as indicated on our website during the checkout process.
Order cancellation due to error
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “Contact Us” page on our website to make immediate arrangements.
- If we are unable at the time of return to replace returned products, we undertake to replace the product in the following delivery. If there are no further deliveries scheduled, we undertake to refund the retail value of the faulty or damaged product.
- In keeping with Teikei Principle 3 “Principle of accepting the produce”, we do not refund or exchange undamaged products.
- We do not sell any product/s that require temperature control as determined by the NSW Food Authority, however some product/s may lose condition in hot weather if not adequately protected when left unattended or promptly and appropriately stored after delivery. We accept no liability for loss of condition in any product/s if we have acted according to your instructions and no refunds or exchanges will be provided in these cases.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website contains hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual property rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information or content on this website without our prior written permission.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “comments”) which you provide to us through this website becomes our property. If in future we use your comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your comments.
- If you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory guarantees and warranties to consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
- We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- If a force majeure event causing delay continues for more than 30 days, we may terminate this agreement by giving at least 7 days notice to you. “Force majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.