TERMS AND CONDITIONS
These terms and conditions are the contract between you and Demand Film Ltd. doing business as Demand.Farm (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
If you violate these terms we may terminate your use of Our Website, bar you from future use of Our Website, cancel your Ticket order, and/or take appropriate legal action against you.
We are Demand Film Ltd. a company registered in Australia with ABN 61 163 614 300.
You are: Anyone who uses Our Website or buys from us.
These are the agreed terms:
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
Delivery for Pickup
means a delivery for which orders are offered for sale on Our Website.
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Demand Film Ltd group of companies. It includes all web pages controlled by us.
means place on or into Our Website any Content or material of any sort by any means.
means any boxes of groceries sold or offered for sale by us on Our Website.
means a service available from Our Website, whether free or charged.
2. Basis of Contract
In entering into this contract you have not relied on any representation or information from any source except posted on Our Website.
You acknowledge that you understand exactly what is included in the price of an order and you are satisfied that the order you have selected is suitable and satisfactory for your requirements.
The Contract between us comes into existence only when we write to you to confirm that the order you want is available. Your payment does not create a contract. If we decline to provide an order we shall immediately return your money to your credit card.
When you buy an order through us, the price you pay includes our service / handling charge which is included in the total price.
We may change this agreement and / or the way we provide an order, at any time. If we do:
the change will take effect when we post it on Our Website. You are advised to check this page from time to time.
if you make any payment for orders or Services in the future, you will do so under the terms posted on Our Website at that time.
To discourage unfair practices, we will not sell to you more than a maximum number of Tickets for an Event. That number varies from one Event to another and is specified on the page of Our Website describing that Event.
We may restrict sales to a maximum number of orders per person, per group or per credit card. If you buy a number which we regard as excessive, we may cancel some or all of the orders. We may do this without notifying you. If you wish to know whether your proposed purchase will be accepted, you should contact us at [email protected]
You may not resell an order without our express permission. If you do, or attempt to do so, we are entitled to cancel all your orders without compensating you.
3. Additional terms
Breach of these terms and conditions will entitle us to cancel your order.
We shall not exchange an order, nor refund money for an order which has been delivered and received.
You may not use an order for any commercial purpose without our permission.
We may change the elements of a delivery for circumstances beyond our reasonable control.
If you arrive before or after the advertised pick up time you may not be allowed to collect the order.
You must abide by the local rules of the grocery store that is acting as the pickup venue.
4. Your account and personal information
When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You agree that you have provided accurate, up to date, and complete information about you. We are not responsible for any error made as a result of such information being inaccurate.
You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
5. The price, payment and delivery
The price payable for an order is clearly set out on Our Website. Prices are inclusive of any applicable goods and services tax or other sales tax.
Your [Order confirmation] will be delivered by your electronic download. Full instructions appear on Our Website as part of the buying process.
We advise you check your Order immediately on receipt.
You are required to pay in the currency in which the Order is listed for sale on Our Website.
Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
6. Security of your credit card
We take care to make Our Website safe for you to use.
Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details in readiness for an order to confirm, your information will be securely stored one or more online payment service providers who will encrypt your card or bank account details in a secure environment. These details will be fully encrypted and only used to process your automatic payment in the event an event is confirmed.
7. Cancellations and returns: Order terms
You accept that there may be pricing errors on Our Website. In the event of a serious under pricing error, we are not liable to provide the order to you. Your order will be cancelled and we will refund any money paid.
We will not accept returns unless the order delivered to you is not of the box of groceries you ordered at the time of purchase, or we have agreed in correspondence that you may return it.
If the order is confirmed but you do not receive the order confirmation you have purchased for any of following reasons you will be refunded the price you have paid:
if we fail to deliver the order confirmation and cannot arrange for duplicates; or
the order receipt has been sent to an email address different to the one you specified and you inform within a reasonable period, but replacement order receipt is not delivered.
Subject to the conditions mentioned in this paragraph, all monies paid by you to us are non-refundable.
8. Change or postponement of an order delivery
Before arranging to collect your order, please check on Our Website that the order will be delivered at the scheduled date, time and location.
If an order is cancelled or we make a significant change to the box of groceries Demand Farm will try to inform you. This will usually be by email.
We will try to help you if an order delivery is cancelled or changed. You may contact us for information relating to:
Boxes of groceries at any rescheduled order pickup (subject to availability) up to the face value of the order;
a full or partial money refund, depending on the extent of the cancellation or change of order composition.
If the order delivery is rescheduled, changed or moved, we will give you the option of either retaining or exchanging the order receipt for the new date or location, or alternatively claiming a refund.
If any significant change is made to any arrangement, and you do not wish to accept the change, we will refund your money.
In any case, Demand Farm cannot be held responsible for any resulting costs you may incur for travel, accommodation, any other related goods or service or other compensation.
9. Interruption to our Service
If it is necessary for us to interrupt our Service, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
You acknowledge that our Service may also be interrupted for many reasons beyond our control.
You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our Service.
10. Disclaimers and limitation of liability
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All implied conditions, warranties and terms are excluded from this agreement.
Our Website includes Content posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We sell boxes of groceries in good faith. But we make no representation or warranty that the groceries will be:
useful to you;
of satisfactory quality;
fit for a particular purpose;
Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us for your order. We are not liable for any loss of enjoyment or wasted expenditure. Personal arrangements including travel, subsistence and accommodation relating to the order pickup which have been arranged by you are at your own risk.
11. Miscellaneous matters
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
If you are in breach of any term of this agreement, we may:
publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
terminate your account and refuse access to Our Website;
issue a claim in any court.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party.
We are not liable for any failure or delay in the delivery of the order which this order receipt enables, nor for any circumstance beyond our reasonable control.
The validity, construction and performance of this agreement shall be governed by the laws of the State of Western Australia.
12. Personal Information
Copyright @ Demand Film Ltd