THE LEGAL THINGS OF SPARE HARVEST
1 About the Website
(a) individuals (the “Consumers“) who wish to obtain by way of a purchase, swap or share fresh local produce, homemade foods and garden items, garden servies and experiences (the “Products”) for either pick-up or delivery (the “Transaction”)and
(b) individuals (the “Suppliers“) who wish to provide the Products in the Transaction;
with an opportunity to seek each other out in order to communicate and arrange the Transaction in a fast and secure manner (the “Services“).
1.2 The Website is operated by Spare Harvest Pty Ltd (ACN 605 483 412) (“Spare Harvest”). Access to and use of the Website, or any of its associated products or Services, is provided by Spare Harvest. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3 Spare Harvest reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Spare Harvest updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2 Acceptance of the Terms
2.1 You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Spare Harvest in the user interface.
3 Membership and use of the Services
3.1 In order to access the Services as a Consumer or a Supplier, you must first purchase a Membership through the Website (the “Membership”) and pay the applicable fee for the selected Membership (the “Membership Fee”).
3.2 Spare Harvest will provide a variety of Membership options to you at the time of registration for the Services. In purchasing the Membership, you acknowledge and agree that it is your responsibility to ensure that the Membership you elect to purchase is suitable for your use.
3.3 Once you have selected the most appropriate Membership option, you will be required to signup for an account through the Website before you can access the Services (the “Account”). As part of the signup process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
(a) an email address and/or preferred username;
(b) a mailing address;
(c) a telephone number; and
(d) a password.
3.4 You warrant that any information you give to Spare Harvest in the course of completing the registration process will always be accurate, correct and up to date.
3.5 Once you have completed the signup process and paid the applicable membership fee, you will be a registered member of the Website (“Member”) and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Services from the time you have completed the registration process until you cancel your Membership.
3.6 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Spare Harvest; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4 Your obligations as a Member
4.1 As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Spare Harvest of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (“Your Content”) will always be accurate, correct and up to date and you will maintain reasonable records of same.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Spare Harvest;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Spare Harvest for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5 Using the Website as the Consumer
5.1 As a Consumer, the Website provides you with an opportunity to view the Supplier’s Listings and ascertain the Products the Supplier offers and obtain further details from the Supplier with respect to the Products.
5.2 As a Consumer, the Website provides you with an opportunity to:
(a) browse theSuppliers Listing;
(b) review the types of Products sold by the Suppliers; and
(c) arrange the Transaction with the Supplier through the Website.
5.3 To enter into the Transaction with the Supplier, you must:
(a) be registered as a member;
(b) have paid the applicable Membership Fee.
(c) agree to pay any purchase price (where applicable).
6 Using the Website as the Supplier
6.1 As a Supplier, the Website provides you with an opportunity to create a listing within the Website (the “Listing”) in which you can do the following:
(a) promote yourself as a Supplier in your local area;
(b) list the Products that you wish to sell, trade or share with other Members;
(c) upload photos of the Product to your listing;
(d) provide a description for the Product;
(e) specify the number of Products that are available;
(f) identify whether you are willing to arrange pick-up and/or delivery of the Product;
(g) communicate with Members to enter into the Transaction; and
(h) nominate a fee to be paid (if applicable) by the Member for the Products in the Transaction (the “Product Cost”).
6.2 In using the Website and the Services, you understand that you may be subject to appropriate state and federal legislation (the “Applicable Law”). You accept that it is your sole responsibility to ensure that you are compliant with the Applicable Law and that, in the event that you are aware or become aware, that you are not compliant with the same, you must immediately cease all use of the Website and the Services until such time as you become compliant.
6.3 Where you continue to use the Website and the Services, you warrant that you are legally entitled to deal with the Product through the Website. If you are unsure if you are compliant with the Applicable Law, then it is your sole responsibility to identify and comply with all relevant Applicable Law prior to using the Website or the Services.
7 Membership Payment
7.1 Where the option is given to you, you may make payment of the Membership Fee by way of:
(a) PayPal; or
(b) Credit Card Payment (“Credit Card”).
7.2 In using the Website, the Services or when making any payment in relation to same, you warrant that you have read, understood and agree to be bound by the terms and conditions that are available on their website.
7.3 You acknowledge and agree that where a request for the payment of the Membership Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the same.
7.4 You agree and acknowledge that Spare Harvest can vary the Membership Fee at any time and that the varied Membership Fee will come into effect following the conclusion of the existing Membership Period.
8 Refund Policy
8.1 Spare Harvest is only a facilitator in introducing Members to each other. As such, Spare Harvest does not hold any liability to the Member directly and will not refund the purchase price or any other payments made directly to the Supplier as part of the commercial transactions entered into between the Consumer and the Supplier.
9.1 The Website will provide Members with an opportunity to arrange for either pick-up or delivery of the Products. You acknowledge and agree that Spare Harvest only facilitates the communications between the Members when arranging pickup/delivery and that it bears no responsibility to the Member in relation to same.
9.2 While Spare Harvest takes all reasonable steps to ensure that the platform is only used for the purposes of the Services, Spare Harvest also values your safety and security, and strongly advises that any pick-up/delivery of the Products should:
(a) take place in a public environment; and
(b) not require the use of any access codes to secure buildings or areas;
10 Copyright and Intellectual Property
10.1 The Website, the Services and all of the related products of Spare Harvest are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Spare Harvest or its contributors.
10.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Spare Harvest, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Spare Harvest does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Spare Harvest.
10.3 Spare Harvest retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
10.4 You may not, without the prior written permission of Spare Harvest and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10.5 Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Spare Harvest a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
12 General Disclaimer
12.1 You acknowledge that the Website only facilitates the Services and does not offer the Services to you directly. Since Spare Harvest is only a facilitator in introducing Members to each other and providing a system in which to make safe payment.
12.2 You acknowledge and understand that Spare Harvest makes no warranty to the Foodie as to the quality, accuracy, timeliness, quantity or nature of the Product provided by the Grower.
12.3 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.4 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Spare Harvest we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
12.5 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Spare Harvest make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Spare Harvest) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Spare Harvest; and
(d) the Services or operation in respect to links which are provided for your convenience.
12.6 You acknowledge that Spare Harvest Website and the Services are only intended to facilitate the interactions between Members and does not offer any services other than the Services and Spare Harvest holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
12.7 You acknowledge that the use of the Services may require attending at other Members houses. In the event that this takes place, you warrant that you will make all due diligence and exercise reasonable care when doing so. Spare Harvest holds no liability for any loss or damage incurred in the course of your interactions with other Members.
13 Limitation of liability
13.1 Spare Harvest’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
13.2 You expressly understand and agree that Spare Harvest, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.3 Spare Harvest does not control and is not responsible for the behaviours and actions of the Members, their comments, posts or information that they upload. Accordingly, Spare Harvest is not responsible for any offensive, inappropriate, obscene or unlawful content you may encounter on theSupplier’s Profile or in connection with any of the Products sold on the Supplier’s Profile.
13.4 You acknowledge and agree that Spare Harvest holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
14 Termination of Contract
14.1 If you want to terminate the Terms, you may do so at any time by giving us 14 days notice in writing to firstname.lastname@example.org.
14.2 When you terminate the Terms prior to the conclusion of your Membership period, you acknowledge that you will forfeit any remaining value of your membership. If you wish to signup again within the original membership period, you will have to start a new membership and pay the applicable fee. .
14.3 Spare Harvest may at any time, terminate your Membership with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Spare Harvest is required to do so by law;
- Spare Harvest is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Spare Harvest is, in the opinion of Spare Harvest, no longer commercially viable.
14.4 Subject to local applicable laws, Spare Harvest reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Spare Harvest‘s name or reputation or violates the rights of those of another party.
14.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Spare Harvest have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
15.1 You agree to indemnify Spare Harvest, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
16 Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Queensland, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
16.5 Termination of Mediation:
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
All amounts referred to in these Terms and on the Website are exclusive of GST. For the purposes of this clause, GST means a goods and services tax, or a similar value added tax, levied or imposed under GST Law, where GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
18 Venue and Jurisdiction
Spare Harvest is an Australian company and offers it’s Services to residents of any country. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
19 Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20 Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Your privacy is important to us. At Spare Harvest we have a few guiding principles:
- We don’t ask you for your personal data unless we truly need it.
- We don’t share your personal data with anyone except to comply with the law, develop our services or to protect our rights.
- We don’t store or share your data unless required for the on-going operation of our services.
- “Personal Information” is information we hold which is identifiable as being about you.
- “Member” is a registered user of the website and has provided their name and email address as part of the registration process.
- COLLECTION OF PERSONAL INFORMATION
- Spare Harvest may collect and use the following kinds of information:
- information about your use of the Website (including operating system; version and language; pages viewed while browsing the Website; page access times; and referring website address);
- information about your personal details (including, but not limited to, name; package details; phone contact details; address information; email; date of birth; username; password; and payment information); and
- information about the kinds of services that you are purchasing through the Website (including the type, quantity, price range and how often you make purchases).
- Personal Information and your personal details may be collected from you in a variety of ways, including but not limited to: when you register for the services; when you interact with Spare Harvest electronically or in person; when you access the Website; and when Spare Harvest provides services to you.
- USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
- Spare Harvest may use your Personal Information to:
- enable your access to the Website;
- provide to you the services that you purchase or request as a member;
- track usage and measure traffic statistics of the Website;
- receive and/or access information from third party providers for the provision of our services to you;
- contact you regarding your use of the services or services offered by Spare Harvest;
- contact you in relation to comments, complaints, enquiries or dispute resolution;
- collect payments from you;
- communicate with third party providers or associate parties with respect to the provision of the services; and
- send you marketing communications.
- Spare Harvest will not disclose Personal Information about you, unless it is required, incidental or otherwise related to the primary purpose of providing services to you or a third party for which you have consented to by engaging Spare Harvest services, or using the Website. However, Spare Harvest may disclose your Personal Information to its business partners who assist in providing services to you as a member. Our business partners are:
- Facebook – login services and pixel
- Google – website metrics
- Mixpanel – website metrics
- Sharetribe – marketplace and database provider
- Mailchimp – emailing newsletters
- Braintree – processing electronic payments
- Spare Harvest in its sole discretion, may disclose your Personal Information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
- It is at the sole discretion of a member which personal information to share with another member. Spare Harvest only makes visible to the public a member’s profile picture, first name and the address they provided when creating a listing.
- DISCLOSURE OF YOUR PERSONAL INFORMATION OVERSEAS
- Spare Harvest will transfer Personal Information to someone who is in a foreign country where:
- Spare Harvest reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles and the General Data Protection Regulation for European Union citizens;
- the transfer is required for Spare Harvest to provide you the services you requested;
- all of the following apply:
- the transfer is for your benefit;
- it is impracticable to obtain your consent to that transfer; and
- if it were practicable to obtain such consent, you would be likely to give it; or
- Spare Harvest has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.
- SECURITY OF YOUR PERSONAL INFORMATION
- It is important that you advise Spare Harvest of changes to your Personal Information that you have provided to Spare Harvest as it is essential that your Personal Information is accurate, complete, and up-to-date in order for Spare Harvest to provide services to you.
- Spare Harvest uses reasonable technical precautions and has implemented business processes to protect your Personal Information from misuse, loss, unauthorised access, modification and disclosure. However Spare Harvest is not liable for any unauthorised access to, or dissemination of, this information.
- Spare Harvest will take all reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for the purposes of providing our services to you and where Spare Harvest is not required to retain that information by law.
- In the event of a Personal Data Breach, Spare Harvest shall notify the member without undue delay after becoming aware of the Personal Data Breach. Spare Harvest will take reasonable steps to mitigate any damage resulting from such breach.
- ACCESS TO YOUR PERSONAL INFORMATION
- You are responsible to ensure that the information you provide to Spare Harvest is accurate, complete and up-to-date.
- By request, you may contact Spare Harvest at email@example.com and ask to know what sort of Personal Information is held about you, for what purposes, and how it is collected, held, used and disclosed and you may also request access to the information held. Spare Harvest may charge, in its discretion, a reasonable administration fee for this access.
- Members can access, change or delete their personal information at any time through their account settings after securely logging in.
- Spare Harvest in its sole discretion may consider that there is a sound reason under the Privacy Act, Freedom of Information Act 1982 (Cth) or other relevant law to withhold Personal Information, or not make the requested changes.
- IDENTIFIERS AND ANONYMITY
- You acknowledge that Spare Harvest retains, collects and maintains your Personal Information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that Spare Harvest may share, distribute and/or transfer information which you have provided to Spare Harvest to third parties, after that information has been de-identified.
- SENSITIVE INFORMATION
- Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
- Sensitive information will be used by Spare Harvest only:
- for the primary purpose for which it was obtained;
- for a secondary purpose that is directly related to the primary purpose;
- with your consent; or
- where required or authorised by law.
- COMPLAINTS ABOUT PRIVACY
- A complaint should identify whether it is about:
- the collection of Personal Information;
- the use of Personal Information;
- the disclosure of Personal Information;
- the security or storage of Personal Information;
- the accuracy of Personal Information;
- a refusal to give access to or provide information about their Personal Information; or
- a refusal to change or delete Personal Information.
- Spare Harvest values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, Spare Harvest will respond quickly to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, Spare Harvest will assess it and advise if it has changed its view or outcome. If you are unsatisfied with the final outcome, Spare Harvest will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
- Governing Law & Jurisdiction
- VARIATIONS TO THIS POLICY