This website is owned and operated by Farm Pride Foods Ltd (ABN) or Farm Pride (Owner) under the domain name “www.farmpride.com.au” (Website). You acknowledge that by accessing and using this Website or Products provided by Farm Pride, you agree to be bound by the following terms and conditions (Terms). We reserve the right to change the Terms and Conditions at any time. By continuing to use the Website you agree to be bound by any amended terms and conditions. You should check from time to time to see if the Terms have been amended. The terms “we”, “us”, “our”, “Farm Pride”, “Farm Pride Foods Ltd” and the “Website” refers to the Owner whose registered postal address is PO BOX 141, Noble Park, VIC 3174. The term Website includes any other website owned and operated by the Owner.
Usage
You acknowledge and agree that you will only use the Website on a personal and non-commercial basis and information obtained from the Website
- must not be used, or permitted to be used, for any commercial or non-personal purpose;
- must not be removed, copied or reproduced, unless express permission is given by Farm Pride;
- must only be used lawfully and in accordance with these Terms; and
- must not be disrupted in any way, by for example interfering with the software of the Website.
Functionality
Farm Pride, including but not limited to its directors, officers, employees, agents, representatives and third-party content providers, does not under any circumstances make any warranty or representation that the Website will be uninterrupted or error-free.
Farm Pride makes every effort to ensure that the Website is running efficiently and smoothly, however we take no responsibility and will not be liable for the Website being unavailable for any reason whatsoever.
Orders
When you place an order with Farm Pride, it is an offer by you to purchase a particular Product or Products for the specified price shown on the Website at the time of the order and in accordance with these Terms.
Farm Pride reserves the right to reject your offer to purchase Products for any reason whatsoever, including but not limited to, errors in pricing, errors in Product descriptions, you trying to purchase more than normal retail quantities and Product unavailability. Under such circumstances, Farm Pride may contact you to make alternative arrangements.
Prices and availability of Products are subject to change without notice.
Farm Pride will not be held liable or responsible for lack of stock or sold out items due to third party supplier or manufacturer issues. In the event of this occurring, Farm Pride may contact you in order to offer an alternative item, refund or credit.
Farm Pride reserves the right to limit purchases to normal retail quantities.
Payment
Payment for all Products and Services must be by credit card or any other payment method listed on the online checkout page of the Website.
Orders will be charged to your nominated payment method. It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa and MasterCard. It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
Farm Pride reserves the right to reject an order or payment at any time and without reason. In such circumstances we will decline the purchase and refund the payment and once payment has cleared our system. When a refund is given, Farm Pride reserves the right to deduct any service or processing fees.
Storage of Collected Payment Information
Farm Pride does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
All online debit/credit card transactions performed on this Website are through secured payment gateways. We currently use Westpac payment gateways for our online payment transactions. Complete debit/credit card details cannot be viewed by Farm Pride or any outside party. Payments will appear on your bank statement as “Farm Pride Foods Ltd”.
Where we send your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Refunds and Consumer Guarantees
Please read the product description and choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision.
The Australian Consumer Law (ACL) is the national law for fair trading and consumer protection. Nothing in these Terms excludes, restricts, or modifies any right, remedy or consumer guarantee available to you under the ACL.
You are entitled to a refund, replacement or credit from Farm Pride when a product fails to meet one of the automatic consumer guarantees provided under the ACL, including that:
- The product is faulty or of unacceptable quality;
- The product does not match the product description; and
- The product is unfit for the intended purpose (does not do what it is meant to);
The consumer guarantees will not apply where you have:
- caused the product to become damaged (such as using the product in a way that it is not intended to be used);
- have mistreated or abused the product (intentionally or unintentionally);
- received what you asked for but changed your mind, found it cheaper elsewhere or decided you do not like the product; or
- knew of or were made aware of the faults before you bought the product.
If you receive product that is faulty, doesn’t match the product description or is unfit for consumption (intended use) please email or call our Customer Service team. You will be required to provide proof of purchase and product details (lot details and expiry date), if you wish to claim a refund, replacement or credit from Farm Pride.
Delivery
Farm Pride is only able to supply Products within Australia. We deliver products using Australia Post. Shipping costs are influenced by the size and weight of the product and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are normally dispatched within 4 business days. Shipping times are estimated at between 3 and 7 business days depending on your location. Please refer to Australia Post Parcel Post guide for current shipping times. An Australia Post tracking number will be provided to you with your shipping confirmation.
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Farm Pride does not accept any liability for loss or damage suffered by anyone as a result of any such delays and we shall not be liable for any inaccuracy of information provided in relation to the date and time of delivery.
Privacy and Personal Information
Farm Pride is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your orders with us. Farm Pride uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from Farm Pride only last while you’re browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience.
Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous.
We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use the Website you agree to the terms of the Privacy Policy (as amended from time to time).
Security Policy
When purchasing from Farm Pride your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our Customer Service team.
Intellectual Property
You acknowledge that all material published or appearing on the Website, including but not limited to designs, logos, graphics, images, icons, photographs, typefaces, software, data, information, pictures, and other materials, including all third party content and user generated content (collectively, Content) is the sole property of the Owner. The Content may not be reproduced, published or transmitted without prior written consent from the Owner. Infringement of copyright, trademark and/or other intellectual property rights may result in civil and/or criminal penalties.
The words “Farm Pride” and related logos are a registered trademark and governed under intellectual property law. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
All rights not expressly granted herein are reserved.
Typographical Errors
In the event that a Product is listed at an incorrect price due to a typographical error, Farm Pride reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Such occurrences may warrant a refund or store credit and will be assessed on an ad hoc basis.
If there is any inconsistency between the prices shown in Farm Pride catalogues, emails or other promotional material and the prices shown on the Website due to human or typographical error, Farm Pride reserves the right to nominate which price the Product will be sold for and Farm Pride will not be held liable or responsible in any way.
Content
You acknowledge and accept that:
- The information provided on the Website or any other material accessed via the Website is general information and should not be construed or used as advice.
- The content of the Website is subject to change without notice. Farm Prides reserves the right to update and make changes to the Website without any notice to users of the Website.
- While Farm Pride makes every effort to ensure that the information and other material provided on the Website is current, reliable, accurate and complete, all information and material on the Website is provided in good faith on an “as is” basis and to the extent permitted by law, we do not warrant or make any representations as to the currency, accuracy, reliability or completeness of information and material provided on the Website.
- Farm Pride, including but not limited to its directors, officers, employees, agents, representatives and third party content providers, does not accept any responsibility arising in any way (including negligence), and is not liable for any loss (whether direct or indirect), resulting from any reliance or action taken by you on any information or material accessed through the Website or for errors, or omissions from, the information provided on the Website.
- Photographs, illustrations and packaging images shown on the Website are a representation of the Products advertised and the appearance of actual Products may vary.
- You will make your own inquiries and seek independent advice before acting or relying on any information or material provided on the Website.
Limitation of Liability
Where an Act of Parliament suggests any term, condition or warranty in the Terms and liability cannot be excluded, the liability of Farm Pride will be limited.
Farm Pride’s total liability shall in no circumstances exceed:
- in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Indemnity
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
Coupons and Discount Codes
Farm Pride may issue coupons or discount codes from time to time for use on the Website (Discount Codes).
Discount Codes:
- Cannot be applied to previously placed orders;
- Cannot be used in conjunction with other offers, unless otherwise specified on the Discount Code;
- Are not transferrable (unless otherwise specified on the Discount Code) or redeemable for cash or credit; and
- Must be entered prior to completing your order.
You acknowledge and agree that Farm Pride reserves the right to:
- Modify the terms of, cancel or restrict the use of Discount Codes at any time for whatever reason;
- Exclude certain Products from Discount Codes.
Severability
If any portion of the Terms deemed to be invalid, illegal or unenforceable, that will not affect or impair the validity, legality or enforceability of the remaining terms and those remaining terms shall remain in full force and effect.
Capacity
You must be over the age of 18 years and/or able to enter into a legally binding contract to use the Website.
Law
These Terms, and your use of the Website shall be governed by the laws in existence in Australia. Any claim(s) related to farmpride.com.au, its constituents, and/or services provided by Farm Pride shall be governed by the laws of the state of Victoria and you agree to submit to having the matter dealt with in a court within Victoria, Australia.
Contact
If you have any questions or concerns in relation to the Website or the Terms please contact our Customer Service team.
Interpretation
- Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
- Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
- References to includes or including or like words or expressions shall mean without limitation.
Definitions
“Product” means the goods and/ or services being offered by us and promoted through the Website.