GRAZED & BOXED WEBSITE TERMS

Grazed and Boxed Pty Ltd: Platform Terms and Conditions

Introduction

    1. By using this website (located at [insert]), our application, or any related websites or URLs, social media platforms owned or operated by us (Platform) and our Services as defined in paragraph 2, you agree to be legally bound by these Platform Terms and Conditions (Terms).
    2. By agreeing to these Terms, you are entering into an agreement with Grazed and Boxed Py Ltd (ACN 646 981 357), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Grazed and Boxed or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
    3. By accessing or using our Services, you warrant and represent to us that:
  1. you have read, understand and agree to be bound by these Terms;
  2. you are over the age of 18 years old and are not attempting to, or actually, purchasing alcohol on behalf of a person under the age of 18 years old; and
  3. you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
  1. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services. 
  2. You agree and represent to us that if you are purchasing any alcoholic products you are over 18 years of age and will be able to present photo identification upon request.
  1. The Services

Definitions

  1. In these Terms, capitalised terms have the following meanings:

Goods mean the goods or services purchased from Vendors via our Services.

Vendor means an independent, third party that offers goods for sale and arranges for delivery or pick up of such goods.

Services mean our provision of the Platform to you, including functionality to enable you to:

  1. view Goods and make a purchase of Goods and services from Vendors;
  2. facilitate, arrange and schedule pickup or delivery of purchases of Goods from Vendors;
  3. facilitate payments via third party gateway, to the Vendors for Goods;
  4. communicate and contact Vendors; and
  5. use our contact form.

Order means an order of goods from Vendor submitted using the service. 

Use of the Services

  1. Grazed and Boxed will provide the Services to you in accordance with these Terms.  
  2. You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Terms and that the Services are made available to you for your personal, non-commercial use unless otherwise agreed in writing by Grazed and Boxed.
  3. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
  4. When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us.  You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.

Trading on the Platform 

  1. Grazed and Boxed endeavours to provide a trading environment that minimises your risk during the use of the Platform. Notwithstanding this, no method of electronic transacting is 100% secure and there may be some risks associated with using our Platform, including underage or fraudulent persons. 
  2. Grazed and Boxed cannot guarantee the quality, safety, legality or authenticity of items advertised on the Platform, the accuracy of the content published on the Platform, the ability for Vendors to sell the item advertised or the ability of customers to pay for items on the Platform. 
  3. You acknowledge and agree that Grazed and Boxed is not party to the sales transactions between a Vendor and its customers. When you enter into a transaction, you create a legally binding contract with a Vendor or customer as the case may be, and must ensure that you comply with your obligations any applicable laws in Australia and other countries as relevant to you as either buyer or seller. 
  4. Vendors may offer items for sale internationally.  Vendors and customers are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipping of Goods. 

User accounts

  1. To access and use the Services, you may be required to register for a user account or if you are a Vendor, you may be provided or registered with a user account.
  2. You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password.  When you register an account with Grazed and Boxed, please note that your Personal Information will be accessible by Grazed and Boxed, Vendors and any payment gateway, in accordance with our Privacy Policy. 
  3. You agree that User Content you provide to Grazed and Boxed to be made publicly accessible to third parties, including other users or visitors of the Services.  You agree that Grazed and Boxed is not liable to you for the use or access of User Content by third parties.
  4. Grazed and Boxed retains the right to screen and verify you or your business and identity in our sole discretion.  You agree to submit to such screening and to provide to Grazed and Boxed at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification (such as drivers licence and passport) or other identifying documentation.  
  5. You understand that Grazed and Boxed may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, subscription or membership at any time, including if it is found that you have, or are suspected of, violating these Terms.
  1. Orders and cancellations
    1. You agree that any order and purchase of Goods through our Services is subject to these Terms.  Orders placed through the Services are made to the relevant Vendor of the Goods and the Vendor is solely responsible for the order and Goods.

Orders

  1. An Order is accepted upon the latter of the following to occur:
    1. you have submitted your Order;
    2. you have paid the purchase price in full, including any taxes, duties and shipping costs; and
    3. we have issued an Order confirmation. 
  2. By placing an order, you are making an offer to the Vendor to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your Order.  
  3. Grazed and Boxed or the Vendor reserves the right to:
    1. accept or reject your Order or a part of your Order for any reason, including, without limitation, the unavailability of any Goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your Order;
    2. request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;
    3. cancel an Order at any time, for any reason; or
    4. restrict the quantity or total value of goods available for purchase to each person or address.
  4. Where Grazed and Boxed or the Vendor exercises the rights set out in paragraph 3.4, it will notify you by email or message or call or app notification and suggest an alternative product, remove an item from an Order or provide a refund of the purchase price where applicable and Grazed and Boxed and the Vendor shall not be liable for any loss or damage whatsoever arising from such acts.

Cancellations

  • Please note that you cannot cancel or amend an Order once it has been placed, except as required by Australian Consumer Law.
  1. In the event that you are entitled to cancel an Order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Grazed and Boxed as a direct result of the cancellation.
  1. Goods

Product images and descriptions

  1. Product images and descriptions are provided to us, or approved by and are the responsibility of the individual Vendor.  If there is any issue regarding the image or description used by a Vendor in our Services, please inform us as soon as possible.  We will put you in touch with the Vendor to resolve the matter directly.
  2. Whilst we request Vendors to use best endeavours to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered Goods depending on your monitor, settings and computer equipment.  You must ensure that you carefully read the title and description before making a purchase.

Availability of Goods

  1. All orders are made subject to availability from the Vendor.  Whilst our Vendors are required to use best efforts to ensure that Goods are available for delivery, there may be some circumstances where Goods are unavailable.
  2. Where a Vendor cannot fulfil your Order, or a part of your Order, we will notify you as soon as reasonably possible.  Please note that we may need to reject your order or reject part of your Order on this basis.
  3. If all or part of your Order is rejected or cancelled by the Vendor or Grazed and Boxed, we must, refund in full all amounts you have paid in respect of such Goods.  Alternatively, the Vendor may contact you to advise you of a delay in restocking a particular Good and a delay in delivery of your Order.  In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Good. If you do not vary or cancel your Order within two (2) hours of notification, you are deemed to have accepted the delay.
  4. The Vendor and Grazed and Boxed reserve the right to limit the sale of goods to reasonable or normal household quantities for any reason in our sole discretion.

Recalls and bans

  • If any Goods are subject to a recall or ban, you agree to follow any reasonable instructions provided by us or the relevant Vendor regarding return or destruction of such Goods and you consent to us contacting you and you agree to inform any end-user of the Goods, including any gift recipient, of any recall applicable to such Goods.
  1.  Prices and payment 
    1. Grazed and Boxed, our payment gateway and the Vendors reserve the right to vary, amend, add or remove payment methods, prices or goods offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.

Prices

  1. Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
  2. Prices of Goods, as well as delivery and any other charges displayed in our Services are current at the time of issue but may change at any time.  Grazed and Boxed and the Vendor reserve the right to amend any pricing or description errors and cancel any orders of Goods subject to a pricing error.
  3. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services.  Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.

Payment

    1. Full payment for the purchase of Goods is required at the time of placing your order, including the purchase price plus any delivery fees and applicable duties and taxes (Payment). Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.
  • From time to time, we may use third party payment gateways or payment processors to process payments (Payment Gateways).  In such cases, you agree to enter into and comply with any terms and conditions and any other policies required by such Payment Gateways from time to time.  We are not liable for any payment issues through Payment Gateways.  Payments made by you are final and non-refundable, unless otherwise determined by Grazed and Boxed or as required by Australian Consumer Law.
  • You may be entitled to a refund for a ‘major failure’ of the Services or alternative remedies for a ‘minor failure’.  Nothing in these Terms purports to limit, restrict or exclude rights available to you under Australian Consumer Law that cannot be limited, restricted or excluded under Australian Consumer Law.
  1. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.  If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
  1. Returns, refunds, delivery and shipping
    1. You acknowledge and agree that Grazed and Boxed only provides a platform in which to connect customers and Vendors and delivery is arranged by the individual Vendor or its agents or contractors and they are not employed by Grazed and Boxed.  
    2. The Vendor is solely liable for any issues with the Goods, returns of the Goods, pickup or delivery issues.  Vendors are requested to comply with our Returns Policy and Delivery Policy.  You agree to comply with the Returns Policy and Delivery Policy.
    3. Any delivery date or time specified by Grazed and Boxed or a Vendor is an estimate only.  Grazed and Boxed will not be held liable for any loss or damage suffered by you in connection with any delivery issues, including for example as a result of any delay in delivery, lost deliveries, incorrect deliveries, deliveries to the incorrect address.  However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.
    4. If you elect to pick up the Goods, you agree to manage your collection directly with the Vendor and you agree to coordinate such pick up in accordance with the Vendor’s instructions.
  2. Risk and title

Risk and title of the Goods purchased by you, passes to you upon delivery to your nominated delivery address by the Vendor, or pick up from the Vendor (as applicable).

  1. Promotions and discounts
    1. Unless otherwise stated, promotional offers, including but not limited to Platform-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.
    2. From time to time, a Vendor may offer its own promotional offers to customers.  You acknowledge and agree that the Vendor is solely liable for such offer.
    3. Grazed and Boxed reserves the right to:
      1. terminate, modify or extend any promotional offer at any time, without notice; or
      2. cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
  2. Advertisements
    1. Unless expressly stated otherwise in writing by Grazed and Boxed, Grazed and Boxed does not endorse any promotions or advertisement published on the Services (Advertisements).
    2. Grazed and Boxed makes no representations or warranties about the accuracy or completeness of any of the Advertisements published on Services nor does Grazed and Boxed make any representation or warranty regarding the quality of any goods or services contained in an Advertisement.  You agree that to the maximum extent permitted by law, Grazed and Boxed is not liable in any way for any loss or damage caused in connection with or arising out of the content of any Advertisement and that any liability for such loss or damage rests with the relevant Vendor or third party.
    3. You may lodge a complaint with Grazed and Boxed regarding an Advertisement, providing reasons for the complaint and Grazed and Boxed may, in its sole discretion, require a Vendor or third party to amend or remove an Advertisement or Grazed and Boxed may delete the Advertisement without further notice.
  3. Reviews
    1. The Services include a feature that allows you and other members of the public to review and rate Goods, Vendors and delivery personnel of Vendors (Reviews).  The views presented in a Review do not reflect the views or opinions of Grazed and Boxed and Grazed and Boxed makes no representation or warranty in connection to the accuracy or legitimacy of any Review.
    2. You agree that you will not post a Review:
  1. of a Good or Vendor, if you are associated with the business or brand of the Good or the Vendor;
  2. if you are a competitor of the Vendor;
  3. that is inaccurate or not genuine;
  4. that is defamatory or in breach of any law or regulation;
  5. which breaches confidentiality or privacy; or
  6. which breaches these Terms.
  1. Grazed and Boxed makes no representations or warranties about the accuracy or genuineness of any Reviews posted in our Services and any disputes between a member of the public or customer and a Vendor are to be dealt with between those parties.
  2. Vendors cannot, and are not permitted to, delete Reviews, however a Vendor or other party may lodge a complaint with Grazed and Boxed regarding a review, providing reasons for the complaint and Grazed and Boxed may, in its sole discretion, liaise with the reviewer and the Vendor to attempt resolution of the dispute.  In accordance with Australian Consumer Law, Grazed and Boxed will not amend or delete genuine Reviews but it reserves the right to delete or amend, Reviews that:
    1. are posted by the same Vendor or a party associated with that Vendor;
    2. contain offensive, vulgar or inappropriate language including hate-speech or discriminatory language;
    3. are clearly made in error by the reviewer; or
    4. breach any of these Terms as determined by Grazed and Boxed.
  1. Use of the Services
    1. You agree that, to the maximum extent permitted by law, Grazed and Boxed holds no liability for the conduct of its users. You acknowledge that your access and use of the Services is at your own risk.  You agree that you are responsible for all activity that occurs in connection with your IP address, account, username and password.
    2. You represent and warrant to us that your use of the Services will comply with all applicable laws and regulations in the governing jurisdiction of these Terms and in your State/Country and overseas wherever you access the Services and otherwise where applicable and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does or may violate the rights of others.
    3. You agree that you will not:
      1. engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;
      2. disclose or share your password or login information for the Services with any party;
      3. use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user’s use of the Services;
      4. copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only arcuate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;
      5. use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
      6. post a person’s personal information or images without express permission;
      7. solicit or engage in any illegal or unlawful activity;
      8. use the Service to redirect users to other websites or encourage users to visit other websites;
      9. use the Service for any phishing, trolling or similar activities;
      10. defraud, scam, hack, swindle or deceive other users of the Services;
      11. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
      12. circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms;
      13. attempt to access any Services or area of the website that you are not authorised to access; or
      14. allow third parties to access and use the Services via your account;
      15. collect or solicit another person’s personal information or images for commercial, inappropriate or unlawful purposes;
      16. use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
      17. embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;
      18. use any kind of code, program or device containing reference to Grazed and Boxed or the Services in order to direct any person to any other website for any purpose;
      19. resell, rent out or make any commercial use of the Services;
      20. use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
      21. attempt to mislead others as to the origin of any information through the services by copying, forging or manipulating identifiers such as headers, footers or signatures;
      22. use automated methods or processes to use or access the Services or create user accounts;
      23. attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services;
      24. cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services; or
      25. use the Services other than for their intended purpose.
  2. User Content
    1. By uploading, publishing, transmitting or making available any data, content or other material to Grazed and Boxed (User Content), you agree to grant Grazed and Boxed, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
    2. By uploading, publishing, transmitting or making available any User Content to Grazed and Boxed, you warrant and represent to Grazed and Boxed that:
      1. you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to Grazed and Boxed;
      2. Grazed and Boxed’s use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party;
      3. any User Content you associate with the Services or send to other users is accurate, complete, not false and not misleading;
      4. the disclosure and use of the User Content to Grazed and Boxed will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;
      5. the use by Grazed and Boxed of the User Content will not breach the security of Grazed and Boxed or its users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
      6. the disclosure and use of the User Content by Grazed and Boxed does not violate these Terms or other policies, or any applicable law, rule or regulation;
      7. the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;
      8. the User Content does not promote or cause harm or intimidation of any kind against any group or individual;
      9. the disclosure and use of the User Content by Grazed and Boxed does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
      10. the disclosure and use of the User Content by Grazed and Boxed will not bring Grazed and Boxed into disrepute; and
      11. the User Content does not contain, promote or enable illegal or unlawful activities.
  3. Rights and liability of Grazed and Boxed in relation to User Content
    1. Grazed and Boxed retains the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content, however Grazed and Boxed is not obliged to do so.
    2. You agree that Grazed and Boxed may require you to remove, amend or delete User Content and that you must comply with such requirement within 1 days’ written notice to you.
    3. You acknowledge and agree that Grazed and Boxed does not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that Grazed and Boxed is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  You agree to release Grazed and Boxed and its agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
  4. Termination
    1. Without prejudice to any other remedies, Grazed and Boxed or a Vendor may cancel all or any part of any Order or suspend or terminate the supply of Goods to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
    2. Without prejudice to any other remedies, Grazed and Boxed may terminate these Terms and/or suspend or cease providing the Services or access to the Services, in our absolute discretion, at any time and without notice to you.
    3. If Grazed and Boxed or a Vendor exercises its rights under this clause, unless the cancellation, suspension, cessation or termination arose out of or in connection with your act, omission, fault, negligence, fraud or breach of these Terms or of our terms and conditions, agreements or policies, then in such instance Grazed and Boxed will, or will ensure the Vendor, cancels and refunds any orders placed where Goods have not yet been not delivered prior to the date of termination, or if the Order is in the process of delivery, then Grazed and Boxed or the Vendor may deliver the Order or cancel and issue a refund, in its sole discretion.  To the maximum extent permitted by law, Grazed and Boxed will not be liable to you for any further loss or damage you suffer because Grazed and Boxed has exercised its rights under this clause or these Terms.
  5. Intellectual Property
    1. Grazed and Boxed owns, controls or licences all materials contained on, or in, our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such content contained in our Services (Grazed and Boxed IP).
    2. Grazed and Boxed IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without the prior written consent of Grazed and Boxed.
    3. Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms.  You agree that you will not:
      1. copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the Grazed and Boxed IP or our Services or cause or assist others to do so;
      2. challenge Grazed and Boxed’s ownership of Grazed and Boxed IP;
      3. infringe Grazed and Boxed IP; or
      4. use or make any intellectual property that is similar to Grazed and Boxed IP.
    4. You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Grazed and Boxed. 
    5. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Grazed and Boxed’s intellectual property rights, whether by estoppel, implication or otherwise. Grazed and Boxed reserves all rights not expressly granted in the Services.
  6. Privacy

You agree to allow Grazed and Boxed to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.  In order for the Platform to function, Grazed and Boxed will be required to share your Personal Information with Vendors.  By using the Services, you expressly consent to such disclosure.

Please see our Privacy Policy for information about our privacy practices.

  1. Unauthorised access and malicious materials
    1. You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services.  You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.
    2. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
  2. Third Parties
    1. Our Services contain content and links to and from businesses and websites which are owned or operated by other parties, including Vendors.  The provision of such content or links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Other party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms.  We do not accept any liability for any information on, or the privacy practices of, any third party websites.
    2. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms.  You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions.  You understand and agree that you access any such third party websites and applications at your own risk and that Grazed and Boxed is not liable for any information on, or the privacy practices of, any third party websites.
  3. Limitation of Liability 
    1. You agree that, to the maximum extent permitted by law:
      1. Grazed and Boxed is not liable or responsible for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including Vendors;
      2. Grazed and Boxed is not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to any act, omission or negligence of any Vendor including as a result of obtaining the goods or services from Vendors;
      3. Grazed and Boxed is not an agent for any Vendors and has no responsibility or liability for the communications or conduct of such Vendor, including but not limited to any fulfilment of an order, availability of any Goods, etc.
    2. To the maximum extent permitted by law, neither Grazed and Boxed, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
      1. any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
      2. any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period; 
      3. any errors in, or omissions from, the information contained in the Services;
      4. any goods or services supplied by Grazed and Boxed; or
      5. these Terms or any breach of these Terms.
    3. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
    4. To the maximum extent permitted by law, Grazed and Boxed’s liability under these Terms shall be limited to the re-supply of equivalent goods or Services.
    5. To the maximum extent permitted by law, Grazed and Boxed expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law.  Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
    6. This clause survives termination of these Terms.
  4. Disclaimer of Warranty 
    1. Grazed and Boxed provides the Platforms and their contents on an “as is” basis and use of this information is at your own risk.  While we aim to update the Platforms regularly, neither Grazed and Boxed, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Platforms.  
    2. We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice.  You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion. 
  5. Release and Indemnity 
    1. You agree to release and indemnify and hold Grazed and Boxed and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Grazed and Boxed, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.  
    2. This clause survives termination of these Terms.
  6. Amendments and correction of errors
    1. Grazed and Boxed reserves the right to amend these Terms from time to time as it sees fit.  Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.    
    2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
    3. Grazed and Boxed reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.
  7. General
    1. Waiver: Any failure or delay by Grazed and Boxed in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Grazed and Boxed from exercising that power or right or any other power or right.  We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.  This clause survives termination of these Terms.
    2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation.  You agree that Grazed and Boxed will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
    3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms.  Such invalidity does not affect the validity of the remaining provisions of these Terms.  This clause survives termination of these Terms.
    4. Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Grazed and Boxed and you or any other party unless expressly stated otherwise.
    5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings.  Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail.  This clause survives termination of these Terms.
    6. Jurisdiction: These Terms are governed by the laws of New South Wales, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts.  Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Terms.
  8. Responsible Service of Alcohol
    1. Grazed and Boxed supports the Responsible Service of Alcohol and complies with Australian state-based legislation and regulations in the sale and distribution of alcohol.  We do not supply alcohol or liquor to persons under the age of 18 years and by agreeing to these Terms, you warrant and represent to us that you are over the age of 18 years and that you are not attempting to, or actually, obtaining alcohol on behalf of a person under the age of 18 years of age.
    2. Grazed and Boxed reserves the right to request and review evidence of you being over 18 years of age or otherwise being in compliance with any relevant legislation, including requiring that you provide any requested identity documents.  You must, upon request, provide such evidence to Grazed and Boxed in order to proceed with any purchase of Goods or Subscription Services.  Your offer to purchase any Goods or Subscription Services from Grazed and Boxed is subject to your compliance with these Terms, including this clause.
    3. Grazed and Boxed may terminate your access to the Services and cancel any orders you have placed or any Subscription Services you have purchased for any reason, including if it determines that you, or the person you nominate to accept delivery of the Goods, are under the age of 18, using fraudulent identification documents or you are unable to provide such identification documents upon request.
    4. All deliveries must be accepted by a person above the age of 18 years old with valid identification, such as valid drivers’ licence or passport.  Please see our Shipping Policy for more information.

VIC: Warning – Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years (Penalty exceeds $19,000), For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $800). 

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