1. Introduction

1.1       Our policies are designed to help create a fair buying and selling experience for all GROCERYSHOP users. As a seller accessing and using the Website, you are responsible for regularly reviewing and complying with GROCERYSHOP policies and meeting your obligations set out in the Terms of Use.

1.2       GROCERYSHOP may amend these GROCERYSHOP Website Terms from time to time, with the amended version applying from the date they are posted on the Website (as indicated at the bottom of this page). Please regularly check this page to ensure you have reviewed and understand the current GROCERYSHOP Website Terms. If you don’t agree with any amendment, you should stop accessing and using the Website. 

1.3       For the avoidance of doubt, the Terms of Use apply to all users of the Website including, without limitation, users who are buyers, sellers or contributors of content, information and other materials or services on the Website.

2. How the Website operates

2.1       As the operator of the Website, GROCERYSHOP’s role is simply to provide a platform through which third party buyers and sellers can purchase and sell certain goods and services.

2.2       Except as expressly set out in the Terms of Use or otherwise required by law (including, without limitation, the Australian Consumer Law), GROCERYSHOP does not have any responsibility or liability in connection with: (a) the goods or services listed by third party sellers; (b) any information displayed about those goods or services; or (c) any transaction for the purchase or sale of those goods or services.

2.3       GROCERYSHOP is not responsible for, and does not provide any ongoing review of, any content, images, artwork, good or service details (including but not limited to good or service descriptions, ingredients and prices) or any other material created or submitted by or on behalf of a third party seller for display on the Website (“Seller Content”). GROCERYSHOP does not warrant the truthfulness, accuracy, reliability or completeness of any Seller Content. Be aware that Seller Content (including photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks) may be protected by copyright, trademark and other intellectual property laws that restrict your use of that Seller Content.

2.4       Each seller manages their own listings and virtual microsite (including adding, removing and updating goods and services) so Seller Content is subject to change at any time without notice and may not be up to date. GROCERYSHOP cannot guarantee that a third party seller will actually complete a transaction.

2.5       The Website has been designed and is intend for use only within Australia and limitations have been put in place to reflect this. Items purchased via the Website can only be delivered within Australia.

3. Website access and GROCERYSHOP Content

3.1       GROCERYSHOP does not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer.

3.2       While GROCERYSHOP endeavours to take reasonable care in preparing and maintaining the information on the Website that has been created by or on behalf of GROCERYSHOP (“GROCERYSHOP Content”), GROCERYSHOP does not warrant the accuracy, reliability, adequacy or completeness of any of the GROCERYSHOP Content. You acknowledge and accept that the GROCERYSHOP Content may include technical inaccuracies and typographical errors and may not be up to date or accurate at the time you view it. GROCERYSHOP reserves the right to make any necessary corrections to GROCERYSHOP Content.

3.3       It is your responsibility to enquire with GROCERYSHOP directly to ensure the accuracy and currency of any GROCERYSHOP Content you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), GROCERYSHOP disclaims all liability for loss directly or indirectly arising from your use or reliance on the Website and the GROCERYSHOP Content.

4. Personal information

4.1       As part of a purchase transaction, a seller may obtain personal information of the buyer, such as name, phone number, email address and delivery address information. GROCERYSHOP places limitations on the type of personal information a seller can access however each individual seller is responsible for how they handle the personal information they collect and hold and for compliance with privacy laws.

5. Submission of material to the Website

5.1       Any material you send to GROCERYSHOP on or via the Website (other than Seller Content) will be deemed to be non-confidential and non-proprietary, unless it is expressly indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. GROCERYSHOP will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without providing notice or compensation to you.

6. Third party websites

6.1       The Website may contain links to other websites operated, controlled or produced by third parties GROCERYSHOP is not responsible for any content on Third Party Websites nor does it control, endorse, sponsor or approve any such third party websites. GROCERYSHOP provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

7. User eligibility and compliance with laws

7.1       Both buyers and sellers must be at least 18 years of age, and able to form legally binding contracts under applicable law, or be under the supervision of a parent or guardian who is at least 18 years of age in order to be eligible to use the Website. By using this Website you represent and warrant that you are at least 18 years of age and that all registration information you submit is accurate and truthful. GROCERYSHOP may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time.

7.2       You agree that, when accessing and using the Website, you will comply with all applicable local, state, national and international laws.

7.3       You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or content displayed on the Website.

8. Account set up and security for buyers

8.1       Buyers must have an active PayPal account to make purchases on the Website. To create an account you will need to create a password and provide details like your first name, last name, email address and physical address.

8.2       GROCERYSHOP has absolute discretion to determine who is permitted to become (and to remain) an account holder for buying goods and services through the Website. All information provided to GROCERYSHOP in connection with an account must be accurate, complete and kept up to date.

8.3       You must maintain the security of your account log on details (including by keeping your password and email address secure) and you accept full responsibility and liability for all activity occurring on your account resulting from your failure to properly maintain account security. You must immediately notify GROCERYSHOP of any unauthorised use of your log in details or account and any other breach of security.

9. Disputes about Website transactions 

9.1     When a good or service is ordered through the Website, a separate contract may arise between the buyer and seller. Prior to transacting on the Website, you should carefully consider your rights and obligations to third party buyers and sellers and seek independent legal advice if you are in any doubt.

9.2     GROCERYSHOP is not a party to any separate contract that may arise between a buyer and seller. If you have a dispute with any buyer or seller concerning a transaction you have made on the Website, you (and not GROCERYSHOP) are responsible for enforcing any rights that you may have against the other party. Buyers can refer to a seller’s ‘store policy’ for information on dispute resolution with that seller or check for the seller’s contact details in the relevant order confirmation email.

10. Account suspension and deactivation (buyers and sellers), restricting access and ceasing services

10.1     If GROCERYSHOP knows or reasonably suspects you have breached the Terms of Use, GROCERYSHOP may give you no less than 7 days’ written notice to remedy that breach. If you fail to remedy the breach within the notice period, GROCERYSHOP may suspend or deactivate your account, suspend or deactivate your microsite (sellers only) and/or take any other steps to prevent you from using the Website.

10.2     If GROCERYSHOP knows or reasonably suspects that: (a) you are involved in any illegal or fraudulent activity; (b) your acts or omissions are causing, or are likely to cause, GROCERYSHOP or any Website user to incur legal liability or suffer loss or damage of any nature (including, without limitation, loss of or damage to goodwill or reputation); or (c) you have become bankrupt, insolvent, under administration or an externally administered body corporate, then GROCERYSHOP may immediately suspend or deactivate your account, suspend or deactivate your microsite (sellers only) and/or take any other steps to prevent you from using the Website.

10.3     GROCERYSHOP may suspend or deactivate your account, suspend or deactivate your microsite (sellers only) and/or take any other steps to prevent you from using the Website for any period during which GROCERYSHOP is unable to verify or authenticate any information you have provided to GROCERYSHOP (other than any Seller Content). You acknowledge and agree that any information you provide to GROCERYSHOP in connection with the Website must be truthful, accurate and not misleading in any way.

10.4     GROCERYSHOP doesn’t guarantee it will continue to provide all or any of the services connected with the Website platform and GROCERYSHOP may cease the provision of any one or more of those services (including, without limitation, services connected with enabling third parties to buy and sell goods and services through the Website) at any time.

11. Limitation of liability 

11.1     To the maximum extent permitted by law (including, but not limited to, the Australian Consumer Law), GROCERYSHOP excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website, the Seller Content, the GROCERYSHOP Content and the use or performance of the Website, whether in contract, at common law or in equity, or on any other basis, except to the extent that the loss or damage is directly caused by GROCERYSHOP’s fraud or wilful misconduct.

11.2     Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into the Terms of Use which may not lawfully be excluded, then provided it is fair and reasonable to do so, GROCERYSHOP’s liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:

(1)       in the case of goods, replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(2)       in the case of services to either resupplying the services or payment of the cost of having the services supplied again.

12. Severance

12.1     The whole or any part of a provision of the Terms of Use that is illegal, invalid or unenforceable may be severed from the remaining provisions, and the remaining provisions of the Terms of Use will continue in full force and effect.

13. Jurisdiction

13.1     These GROCERYSHOP Website Terms are governed by and construed in accordance with the laws of Victoria in Australia. In the event that a dispute arises from these GROCERYSHOP Website Terms, each of GROCERYSHOP and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Additional Terms for Sellers

14. Applying to become a seller

14.1     You must be carrying on a business and have a valid Australian Business Number (ABN) to apply to become a third party seller of goods and services through the Website (referred to in these GROCERYSHOP Website Terms as a “seller”).  

14.2     Applications to become a seller, and open a virtual microsite on the Website, are made via the online application process on the Website. GROCERYSHOP has complete discretion to determine whether or not to approve any application to become a seller and GROCERYSHOP’s decision is final.

14.3     GROCERYSHOP makes no guarantee about the quantity of goods or services a seller can sell through the Website. By submitting an application to become a seller, you acknowledge and agree that you have not relied on any representation given by (or on behalf of) GROCERYSHOP about the quantity of goods or services that you can sell through the Website.

14.4     A seller must not transfer or otherwise deal with any of their rights connected with being a seller or with their microsite.

14.5     GROCERYSHOP uses PayPal to provide a secure payment gateway on the Website and buyers pay for goods and services via this gateway using their PayPal account or credit or debit card. If you become a seller, you will need to set up and maintain a business level account with PayPal in order to receive payments from buyers. You should visit the PayPal Australia website to obtain information about signing up with PayPal for a business level account. Sellers must deal directly with PayPal Australia in respect of signing up and all other aspects of their PayPal account.

15. Access to your seller account and microsite

15.1     A seller’s access to the Website is managed through GroceryShop.

16.2     If you cease to have an active GroceryShop seller account for any reason, you will no longer be able to access your microsite. Please be aware that, unless your microsite is deactivated, buyers will still be able to purchase your products through the GroceryShop website. If you cease to have an active GroceryShop seller account or otherwise cannot access your microsite, you must immediately notify GROCERYSHOP to discuss any action that should be taken.

15.3     Please be aware that shutting down your GroceryShop seller account will not deactivate your microsite. If you wish to close your microsite for any reason, it is your responsibility to contact GROCERYSHOP to arrange for its closure. You will remain responsible for the supply of all goods and services ordered by buyers via your microsite while it is active.

16. Goods and services sold through the Website

16.1     Sellers must comply with any guidelines issued by GROCERYSHOP from time to time in respect of the types of goods and services permitted to be sold through the Website.

16.2     GROCERYSHOP has the right to prohibit, from time to time, the sale of a particular good or service or particular types of goods and services. Immediately on being notified by GROCERYSHOP, you must remove any particular item or particular type of item from sale through your microsite that has been prohibited by GROCERYSHOP. You acknowledge and agree that GROCERYSHOP may take action itself to remove any prohibited items from sale through your microsite.

17. Your Products

17.1     You are fully responsible for all goods and services you list or offer for sale, or sell, through the Website (Your Products) and, as between GROCERYSHOP and you, you are the one with full liability to third parties in connection with Your Products and the offer and sale of Your Products through the Website.

17.2     You are responsible for, and must obtain and maintain, all licences, permits and registrations required in connection with the offer for sale, and sale of, Your Products through the Website.

17.3     You must ensure, and you warrant to GROCERYSHOP, that Your Products do not, and the offer for sale and sale of Your Products through the Website does not:

(1)       contravene in any way any local, state, national or international law (including, without limitation, the Competition and Consumer Act 2010 (Cth), the Therapeutic Goods Act 1989 (Cth), the Therapeutic Goods Advertising Code 2015 (Cth), any law, code or standard relating to food safety or any law relating to the sale of liquor);

(2)       infringe any third-party's intellectual property rights; or

(3)       involve the sale of illegal, counterfeit or stolen goods.

17.4     To the fullest extent permitted by law (including, but not limited to, the Australian Consumer Law), you indemnify GROCERYSHOP (and each of its officers, employees and agents) against any loss or damage suffered or incurred by any of them arising from or in connection with: (a) a breach of any warranty set out in this Section 18 (Your Products); or (b) any third party claim in connection with Your Products, or the offer or sale of Your Products through the Website, except to the extent that any loss or damage is caused by the negligence, fraud or other wrongful act or omission of GROCERYSHOP or its officers, employees or agents.

18. Your Content

18.1     You are fully responsible for all Seller Content created or submitted by you or on your behalf for display on the Website (“Your Content”) (regardless of whether you use the functionality of the Website to upload Your Content yourself or GROCERYSHOP uploads Your Content on your behalf).

18.2     You must ensure, and by submitting Your Content for upload and display on the Website you warrant to GROCERYSHOP, that all of Your Content (including without limitation all goods and services details, listing information about a good or service, photographs, illustrations and other graphic materials and all names, logos and trademarks) displayed on the Website from time to time, and the display of Your Content on the Website:

(1)       is true, accurate, complete and not misleading or deceptive in any manner;

(2)       does not contravene in any way any local, state, national or international law (including, without limitation, the Competition and Consumer Act 2010 (Cth), the Therapeutic Goods Act 1989 (Cth), the Therapeutic Goods Advertising Code 2015 (Cth), any law, code or standard relating to food safety or any law relating to the sale of liquor);

(3)       does not infringe any third-party's intellectual property rights;

(4)       is not defamatory or offensive;

(5)       does not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information; and

(6)       will not modify, adapt or hack the Website.

18.3     You are responsible for all dealings with regulators in connection with Your Content and you must promptly and actively cooperate with any regulator who raises any issue with Your Content.

18.4     You agree that GROCERYSHOP may immediately (and without prior notice to you) remove any of Your Content from the Website that GROCERYSHOP reasonably believes breaches the Terms of Use.

18.5     To the fullest extent permitted by law (including, but not limited to, the Australian Consumer Law), you indemnify GROCERYSHOP (and each of its officers, employees and agents) against any loss or damage suffered or incurred by any of them arising from or in connection with: (a) a breach of any warranty set out in this Section 19 (Your Content); or (b) any third party claim in connection with Your Content or the display of Your Content on the Website, except to the extent that any loss or damage is caused by the negligence, fraud or other wrongful act or omission of GROCERYSHOP or its officers, employees or agents.

19. Use of Your Content

19.1     You agree to GROCERYSHOP using Your Content to operate the Website (including, without limitation, to create your microsite and to display information about Your Products on relevant pages of the Website). You also agree to GROCERYSHOP using Your Content, and altering Your Content for use, for the purpose of promoting the use of the Website and the sale of goods and services through the Website, including (without limitation):

(1)       in promotional emails sent by GROCERYSHOP to its customer database;

(2)       on pages of the Website promoting particular types of goods and services;

(3)       on social media sites, through accounts operated or managed by Australian Postal Corporation; and

(4)       as otherwise agreed by GROCERYSHOP and you.

19.2     For the avoidance of doubt, the use of Your Content by GROCERYSHOP in accordance with the terms of this Section 20 (Use of Your Content) or any other section of the Terms of Use does not limit in any way your responsibility or liability for Your Content, except to the extent of any alteration of Your Content by GROCERYSHOP.

19.3     GROCERYSHOP does not claim any ownership rights in any Seller Content. You grant GROCERYSHOP a non-exclusive, royalty-free license to use Your Content in the manner permitted under the Terms of Use (including, without limitation, as permitted under this Section 20 (Use of Your Content)). You consent to (and must ensure that each author of any part of Your Content consents to) GROCERYSHOP using, altering and displaying Your Content in accordance with the terms of the Terms of Use, even if that would otherwise infringe the author’s moral rights. You agree, to the extent permitted by law, not to enforce any claim for a breach of your moral rights under the Copyright Act 1968 (Cth) that you may otherwise have as a result of any act or omission of GROCERYSHOP in respect of Your Content.

20. Store policies and good customer relations

20.1     You are fully responsible for all aspects of the sale process for Your Products. Sellers should have a “store policy” available on their microsite setting out their terms and conditions of sale. Amongst other things, a store policy might contain details of things like stock availability, dispatch and delivery times and the seller’s refund policy. You must ensure your store policy: (a) is compliant with all laws; and (b) does not in any way conflict with any provision of the Terms of Use. You are responsible for enforcing your store policy.

20.2     Sellers must maintain good customer relations, including (without limitation) by: (a) communicating with customers in a timely, courteous, fair and honest manner; and (b) resolving customer complaints and disputes efficiently and fairly.

20.3     Any unresolved failure, or repeated failures, to maintain good customer relations may lead to GROCERYSHOP suspending or deactivating a seller’s account or microsite and/or taking any other steps to prevent the seller from using the Website.

21. Fees

21.1     The fee that a seller must pay GROCERYSHOP for access to and use of the Website is a set percentage (the “Transaction Fee”) of the price for which each good or service is sold by the seller through the Website. GROCERYSHOP may change the current Transaction Fee at any time by providing a seller with at least 30 days’ notice of the new Transaction Fee and the effective date for that new Transaction Fee (“Effective Date”). The new Transaction Fee will be applied in respect of all goods and services sold on and from the Effective Date.

21.2     For the avoidance of doubt, you are responsible for all costs and expenses you incur in connection with your use of the Website and the listing, offer and sale of Your Products through the Website.  

21.3     Your obligation to pay Transaction Fees to GROCERYSHOP is a continuing obligation and, for the avoidance of doubt, the suspension or deactivation of your account or microsite, the removal of any of Your Products from the GROCERYSHOP website taking any steps to prevent you from using the Website does not in any way affect your obligation to pay GROCERYSHOP any Transaction Fees due and payable to GROCERYSHOP.

21.4     If any Transaction Fees are not paid in full by the due date for payment, then GROCERYSHOP may suspend or deactivate your account or microsite and/or take any other steps to prevent you from using the Website until such time as those Transaction Fees have been paid in full.

22. Listing and the sale of Your Products through the Website 

22.1     Each of Your Products must be listed in an appropriate category with appropriate tags.

22.2     If a customer accepts your offer to sell one or more of Your Products by placing an order, you must promptly supply the goods and services ordered in accordance with your store policy and the Terms of Use. For the avoidance of doubt, if there is any inconsistency between the Terms of Use and any store policy, the terms of the Terms of Use prevail to the extent of that inconsistency.

23. Prohibition on using Website for other business and promotions

23.1     The Website must not be used to conduct business, or for promotional purposes, that is not directly connected with the offer for sale, and sale of, goods and services through the Website in accordance with the Terms of Use.

23.2     A seller must not include in any Seller Content, or in any form of communication with a buyer or other Website user (“Customer Communication”): (a) a link to any website; (b) any contact details (including, without limitation, email addresses or phone numbers) for the seller or any third party. A Customer Communication must not include any content except for content that strictly relates to a transaction that has occurred on the Website.

23.3     If a seller includes any promotional material together with any goods or services being delivered to a buyer as part of a Website transaction, that promotional material may only promote the sale of that seller’s goods and services through the Website in accordance with the Terms of Use.

24. Personal Information

24.1     Personal information obtained by a seller in connection with a Website transaction must strictly only be used for the purpose of completing that transaction or for Customer Communications related to that transaction. A seller must not use any personal information, or otherwise contact any buyer or other Website user, for any non-transaction related purpose, including (without limitation) to promote any business, good or service.

24.2     A seller must handle all personal information collected by the seller in connection with the Website in accordance with the requirements of the Privacy Act 1988 (and for those seller’s to whom the Privacy Act 1988 does not apply, as if the Privacy Act 1988 did apply).