Bendigo Foodshare

ABN: 80 673 290 971

Address: Shed 2, 43A Havilah Rd, Long Gully

By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site. These terms and conditions may be changed or updated from time to time.

These terms and conditions are important and you should read them fully. But there are some specific terms we wanted to make you aware of. These are set out below.

• We may stop making our Site available without prior notice. However, if we do, any Orders made won’t be affected unless the relevant products are no longer available or we or one of our partners are prevented from supplying those products.
• Bendigo Foodshare and our partner Emergency Relief Agencies may cancel your Order for certain reasons and may reject your Order for any reason. If Bendigo Foodshare or an Emergency Relief Agency rejects your Order, they will endeavour to provide you with notice of that rejection
• Bendigo Foodshare is not liable for (i) any loss or damage caused to your property or suffered by you in connection with a delivery; or (ii) any external websites accessible on our site.
• Without limiting your consumer law rights, Bendigo Foodshare: (i) is not liable to you for any indirect or consequential loss other than where such loss arises as a result of our own negligence or wilful misconduct; (ii) is not responsible for the agreement between you and any partner Emergency Relief Agency, including for the supply and delivery of The Community Food Pantry products.
• Bendigo Foodshare will not be liable for any damage to products delivered by Bendigo Foodshare from the date and time of delivery, including where such products have been delivered to your nominated courier or transport provider for Remote Delivery Orders. If your Order is a Pick Up Service, Bendigo Foodshare will not be liable for any damage to products from the date and time you collect those items from either a partner Emergency Relief Agency or one of our Direct to boot locations.
• Bendigo Foodshare may change these terms and conditions at any time. However, the terms and conditions current as at the time the Community Food Pantry and Emergency Food Relief Agency Partner accepts your Order will apply.

1. Site Conditions of Use

1.1 Introduction

1.2 Your agreement to the terms and conditions

1. by completing your registration through the Site; and
2. using the Site to order and purchase Products.

1.3 Registration and use of your account

1. You must complete the registration process through the Site before placing an Order for Products through the Site.
2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may not have more than two accounts per delivery address.
3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

1.4 Your obligations

1. You:
   1. must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
   2. must notify us through our Customer Service Centre on manager@bendigofoodshare.org.au during Contact Hours 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. must provide us with your date of birth to place an Order;
   5. are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
   6. are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site; and
   7. should check the labels on the Products before consumption or use.
2. You must not:
   1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
   2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
   3. make fraudulent or speculative enquiries, purchases or requests through the Site;
   4. use another person’s details without their permission or impersonate another person when using the Site;
   5. post or transmit any obscene, indecent, 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 Site;
   7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
   8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
   9. modify, adapt, translate or reverse engineer any portion of the Site;
   10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
   11. reformat or frame any portion of the web pages that are part of the Site;
   12. create accounts by automated means or under false or fraudulent pretences;
   13. use the Site to violate the security of any computer or other network or engage in illegal conduct;
   14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
   15. use the Site other than in accordance with these terms and conditions; or
   16. attempt any of the above acts or engage or permit another person to do any of the above acts.

1.5 Warranties

1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
2. the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
3. you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.

1.6 Suspension of account

1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.The Community Food Pantry also reserves the right to otherwise cancel Orders
2. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
   1. the breach cannot be remedied;
   2. you fail to the remedy the breach within 10 days of our notice to you of that breach; or
   3. if there is an emergency.
3. You may stop using the Site at any time and for any reason.
4. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have, or an Emergency Relief Agency Partner has, accepted will not be affected by this unless the Products that have been ordered are no longer available or we are, or an Emergency Relief Agency Partner is, prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
5. If we lock, suspend or delete your account under this clause 1.6, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

1.7 Links on the Site

1. we make no representations or warranties, or have any responsibility or liability for those websites; and
2. these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

1.8 Accuracy of information on the Site

2. Ordering Products Generally

2.1 Ordering Products

1. You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
2. 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 Site.
3. You agree to provide us with current, complete and accurate details when asked to do so by the Site.

2.2 Fees and charges

3. Pantry Products

3.1 Acceptance or rejection of a Pantry Order

1. We reserve the right to accept or reject your Pantry Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Pantry Order.
2. Each Order placed for a Pantry Product through the Site that we accept results in a separate binding agreement between you and us for the supply of that Product. For each Pantry Order accepted by us, we will supply each Product in that Order to you in accordance with these terms and conditions.
3. If we reject a Pantry Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place that Order or within a reasonable time after you submit that Order.

3.2 Product order limits

1. Order limits are indicated on the Site. These order limits may vary from time to time. We will inform you of these limits on the Site when you place the Pantry Order or within a reasonable time after you submit your Pantry Order.
2. You are not permitted to order any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Pantry Order or within a reasonable time after you submit that Order.
3. If we reasonably believe you are placing multiple Orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.

3.3 Delivery of Pantry Products

1. We will only deliver Pantry Products ordered through the Site to a location where we provide delivery services.
2. You may obtain further information on the Site about our delivery timeframes and how we deliver your Pantry Products. At the time you select your Pantry Products you will be given an option to select a timeframe for delivery. Although we endeavour to deliver those Products within the timeframe provided at the time of your Order these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances.
3. We may deliver your Pantry Order using a “contactless delivery service” and will deliver the Pantry Products to the front door at the relevant Delivery Address, take a photo of the Pantry Products to confirm delivery and knock on your door or otherwise attempt to notify you of your delivery. You must be present at the Delivery Address to accept a “contactless delivery” however you will not be required to provide a signature upon delivery. You agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of Pantry Products to the Delivery Address.
4. You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Pantry Order through the Site.
5. If there is no one or no appropriate person at the Delivery Address to receive the Pantry Order, or if we cannot access the Delivery Address, or if we cannot access your nominated spot or determine a suitable spot to deliver your Pantry Order thenwe will not deliver the Pantry Products you have ordered.
6. Youacknowledge and agree that any person at the Delivery Address who receives the Pantry Order is authorised by you to receive your Pantry Order.
7. You acknowledge that we may record the details of any identification provided in relation to delivery of Pantry Products.

3.4 The Community Food Pantry Pick Up Service

1. During the ordering process, you can select a store from which you will collect your Pantry Order (Pick Up Service ). An estimated collection date will be displayed at the time your order is placed.
2. Our Pick Up Service is only available from selected Emergency Relief Agency Partners as shown on the Site.
3. You agree to comply with the following collection requirements specified in this clause and such other requirements that we notify to you when you place your Pick Up Service Order through the Site:
   1. you must collect your order from the Emergency Food Relief Agency Partner selected by you when you place your order;
   2. if you are collecting your Pantry Order from a store a photographic identification and a signature must be provided when you collect your PantryOrder;
4. If you will not be the person collecting your Pantry Order then your representative must provide us with proof of their identity (including photographic identification), the the order number, and, where relevant, their age.
5. If you do not supply the appropriate identificationwe will not allow collection of your Pantry Order
6. If you do not collect your Pantry Order within the booked collection window then your order will be cancelled.
7. You acknowledge that we may record the details of any identification provided in relation to collection of Pantry Products.
8. If you select to use our Pick Up Service, the volunteers at the relevant premises from which your order is accepted and fulfilled will deliver your Pantry Products to be available with your order at the nominated store.
9. You acknowledge that we may record video surveillance of you or your representative picking up your Pantry Order from anEmergency Relief Agency Partner.

3.5 Risk and title

3.6 Cancellation of Pantry Orders

1. We may cancel any Pantry Order or part of a Pantry Order (including any Pantry Orders that have been accepted) without any liability to you for that cancellation at any time if:
   1. the requested Products in that Pantry Order are not available; or
   2. there is an error in the product description posted on the Site in relation to the relevant Product in that Order; or
   3. that Pantry Order has been placed in breach of these terms and conditions.
2. If a Pantry Order is cancelled in accordance with:
   1. Clause 3.11(a)(i) or 3.11(a)(ii) (where product is unavailable or there is a product description error): we will provide you with reasonable notice of that cancellation.
   2. if your Pantry Order is cancelled under clause 3.11(a)(iii), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation.
3. You may cancel a Pantry Order (whether it is accepted by us or not)through the Site before the delivery or collection window (as specified on the Site)

3.7 Amending your Pantry Order

1. You cannot amend your Pantry Order.:
2. If you need to make changes to your order, then you must cancel your existingPantry Order and place a new order.
3. If you cancel an existing Pantry Order, then:
   1. your original Pantry Order and reserved delivery pick up window will be cancelled.
   2. you will need to select a new delivery pick up date and time in respect of your amended Pantry Order.

3.8 Substitution of Pantry Products

1. You acknowledge that a Pantry Product that you order may be out of stock or temporarily unavailable. If this happens, then we may not be able to provide you with that Product.
2. b. If we are unable to provide you with a Product, for Pantry Orders, we will endeavour to automatically provide you with a substitute Pantry Product:
   1. when the Pantry Product you have selected is not available; or
   2. if we are not able to supply to you the Pantry Product that you have selected.

We aim to select substitute Pantry Products that are of similar quality, but we reserve the right not to provide you with a substitute Pantry Product even if a suitable substitute Pantry Product is available.

3. Where a Pantry Product that you have selected is substituted with another Pantry Product, we cannot ensure that that substitute Pantry Product caters to your specific dietary requirements, including allergies. Please read the labels of each Pantry Product (and any substitute Pantry Product provided to you) for dietary and allergy information.

4. General

4.1 Intellectual property rights

1. You:
   1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Materials ), are owned by or licensed to us;
   2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
   3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
2. You may:
   1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
   2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
3. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including Emergency Relief Agency Partners or our suppliers) without obtaining the relevant third party owner’s consent.

4.2 Changes to these terms and conditions

1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
2. If you have a Pantry Order that has been accepted by us or an Everyday Market Order that has been accepted by an Emergency Relief Agency Partner, the terms and conditions that will apply to the relevant Order are the terms and conditions that are applied at the time you placed your Order.

4.3 Severability

4.4 Jurisdiction

4.5 Privacy and Electronic Messages

1. Our Privacy Policy is available here and forms part of these terms and conditions. You acknowledge that you have read our Privacy Policy, Collection Notice, and Cookies Statement, and understand that they govern your use of the Site and the Site’s related services, including purchasing goods and services from us or our Emergency Relief Agency Partners using the Site.
2. You agree that we and our Emergency Relief Agency Partners (via us) may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by The Community Food Pantry Online and Everyday Market from The Community Food Pantry via those channels or media. Your agreement to receive commercial electronic messages from The Community Food Pantry Online and Everyday Market from The Community Food Pantry will be effective until you opt out.
3. You may opt out of the receipt of commercial electronic messages sent by The Community Food Pantry Online from The Community Food Pantry by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving customer surveys, requests for feedback and market research (Customer Feedback Messages). If you wish to only opt out of Customer Feedback Messages, you may opt out by using the unsubscribe facility in the footer of any Customer Feedback Message (this won’t opt you out of other commercial electronic messages sent by The Community Food Pantry Online from Community Food Pantry). If you opt out receiving commercial electronic messages sent by The Community Food Pantry Online from Community Food Pantry, you will still receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or our collection notice, privacy policy, account transactions or other information relating to products you have purchased.
4. Opting out of receiving commercial electronic messages from The Community Food Pantry Online from The Community Food Pantry will not withdraw your consent to receive messages from other The Community Food Pantry brands or Emergency Relief Agency Partners you have signed up to independently of your The Community Food Pantry Online account. If you would like to opt out of receiving commercial electronic messages from other The Community Food Pantry brands or Emergency Relief Agency Partners, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.

4.6Privacy Policy

5. Definitions