Terms & Privacy
Terms and Conditions
Sustainable Production Research and Training Inc, ABN 77 001 889 484 trading as Sprout Tasmania.
In these terms:
Fork to Fork means an online marketplace managed by Sprout Tasmania.
Producer means any person or business who engages in the sale of their Products through the website provided by Fork to Fork.
Products means any goods provided by Producers through the Fork to Fork website to You.
Sustainable Production Research and Training Inc trading as Sprout Tasmania means a not for profit organisation that manages the Fork to Fork online marketplace, and its officers, employees and agents.
You and Your means the person(s) and/or the business you represent purchasing Products from Fork to Fork which these terms and conditions accompany.
2.1 You may place orders for Products on-line at www.forktofork.org.au.
2.2 Orders are subject to availability of stock and min/max quantities may determine from time to time by a Producer.
2.3 It is a violation of the law to place orders under a false name or with a fraudulently obtained credit card or other payment method.
2.4 Producers reserve the right to refuse orders whether in whole or in part at their absolute discretion.
3. RETURNS & EXCHANGES
3.1 You must verify the quantity and quality of the Products upon delivery and if any of the Products are faulty or not in accordance with Your order, You should notify Fork to Fork within 36 hours of receipt. Otherwise You will waive any right to reject them.
3.2 Rejected Products may be returned to the Producer at the Producer’s Discretion
3.3 Refunds may be held in credit against Your account for future purchases if requested.
3.4 You may request a refund cheque or credit for the amount owing at any time by contacting Fork to Fork.
4. DELIVERIES AND RECEIPT
4.1 Producers will provide the Products to the address specified in Your order by means determined by the Producer.
4.3 Producers will endeavour to provide the Products in a timely manner to the address specified in Your order. However, Fork to Fork and the Producers will not be liable for:
- Any failure to deliver or delay in delivery for any reason; or
- Any damage or loss due to unloading or packaging; or
- Damage to property caused upon entering premises to deliver the Products.
Any costs incurred by Fork to Fork and the Producers due to any failure by You to accept the Products at the time of delivery must be reimbursed by You to Fork to Fork and the Producers.
4.4 Any person at the designated delivery address who receives the Products will be presumed to be authorised to receive the Products.
4.5 If You wish to have the Products provided by means other than Producers’ usual means, You will need to make all necessary arrangements and pay all costs involved.
5. PAYMENT AND GST
5.1 Fork to Fork and the Producers may change the price of the Products from time to time without notice to You.
5.2 Invoices are payable before receipt of Products. Time is of the essence in relation to all payments of money to Fork to Fork under this agreement.
5.4 Where applicable, GST is included in the advertised price of Products and in the calculated delivery costs in accordance with the relevant legislation, A New Tax System (Goods and Services Tax) Act 1999 (Cth). You must pay Fork to Fork any GST payable for the provision of the Products.
5.5 You are responsible for all duties, taxes and clearance charges that may be levied on the Products.
6. TITLE AND RISK
6.1 Title in Products passes to You on payment in full for them.
6.2 Risk in Products passes to You on delivery of the Products to You, unless You arrange for delivery under clause 4.5, in which case risk passes when the Products leave Producer premises.
7. EXCLUSIONS AND LIMITATIONS
7.1 To the extent permitted by law, Fork to Fork’s only liability is as expressly stated in this agreement; all other guarantees, warranties and conditions are excluded.
7.2 To the extent permitted by law, Fork to Fork’s liability under these terms and conditions and as a result of a consumer guarantee implied under the Australian Consumer Law or any other warranty or condition implied by legislation, is limited to supplying the Products again or paying the cost of having them supplied again.
7.3 To the extent permitted by law, Fork to Fork will not be liable to You (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage, including loss of profit.
8.1 You indemnify Fork to Fork and the Producers and must keep Fork to Fork and the Producers indemnified against all damages, losses, costs, and expenses suffered by Fork to Fork and the Producers arising out of any breach by You of this agreement or arising out of Your use, possession or sale of the Goods or the use, possession or sale of the Products by someone with Your authority or permission.
9.1 These terms and conditions and any invoice referencing these terms and conditions govern the provision of Products and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements, and agreements in relation to their subject matter.
9.2 These terms may be varied by Fork to Fork at any time by notice to You or by means of a notice on the Australian pages of the website www.forktofork.org.au
9.3 Clerical errors are subject to correction without notice.
9.4 Fork to Fork may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Fork to Fork’s obligations under this agreement.
9.5 You must pay Fork to Fork all costs and expenses incurred by Fork to Fork in connection with this agreement, including legal expenses, and costs incurred in the recovery of monies owing by You to Fork to Fork or in otherwise enforcing Fork to Fork’s rights against You under this agreement.
9.6 Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside of reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If such a suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.
9.7 These terms are governed by and must be construed in accordance with the laws of Tasmania.
Sustainable Production Research and Training Inc ABN 77 001 889 484 trading as Sprout Tasmania (‘Fork to Fork’, ‘we’, ‘us’ or ‘our’) respects your privacy and the trust you place in us by providing us your personal information.
Personal information means information that identifies you as an individual, or information from which you are reasonably identifiable (regardless of the form of the information, and regardless of whether it is true or not).
THE PERSONAL INFORMATION WE COLLECT
The information we collect will depend upon the product and services you request us to provide you. We will only collect personal information if it is relevant to one of our functions or activities.
The types of personal information we may collect will include:
- your name, contact details, and address;
- identification information;
- transaction information; and
- records of your communications and interactions with us.
You may choose not to provide us with your personal information, or to use a pseudonym when dealing with us, however, this may mean that we may not be able to provide you with some products and services. For example, we may not be able to contact you or deliver your order.
WHY AND HOW WE COLLECT YOUR INFORMATION
We will only collect personal information from you:
- that is required by, or directly related to, our provision of goods or
- directly, unless it is unreasonable or impractical for us to do so.
Your personal information may be collected by us when you:
o subscribe to our newsletter, register for services, enter a competition or communicate with us via our website or our other social media sites;
o place an order via our website;
o authorise someone else to act on your behalf and they provide us your information.
We may hold your personal information in hard copy and electronic form; at our premises and at the premises of service providers.
We implement a range of measures to protect the security of your personal information. We will destroy or de-identify personal information that is no longer needed for any lawful purpose within a reasonable period of time.
Your information will be used in connection with us providing you the products and services you have ordered, requested or subscribed to.
This may involve the processing of orders and payments, delivery of orders, providing you a refund, credit or discount, verifying your identity, responding to your enquiries, communicating with you (including direct marketing where you have subscribed to our newsletter or other services), maintaining and updating our record of your information, conducting market research, working with our service providers or protecting our legal interests.
Where we provide marketing communications to you, you may opt out at any time by clicking on the ‘click here” link at the bottom of the email.
WHEN WE MAY DISCLOSE YOUR INFORMATION
In connection with the provision of our products and services to you, we may disclose your information to service providers who we engage to provide services including delivery services, credit reporting, data processing, data analysis, accounting, business consulting, research and marketing.
We may use cloud computing solutions or data storage located overseas in which case information may be stored, under our control, on computer servers located outside of Australia (predominantly located in the United States of America).
We take measures to ensure your personal information is protected and that an overseas recipient of your information protects it in accordance with the Australian Privacy Principles and only uses it for the purpose it was disclosed.
By ticking the box on our website or our order form as part of subscribing to our newsletter, or otherwise requesting or ordering our products or services, you are providing us with your express consent to disclose your personal information to a third party overseas recipient in connection with your request or order and you agree we are not responsible for any breach by the overseas recipient of the Australian Privacy Principals.
OUR COMMITMENT TO YOU
YOUR ACCESS TO INFORMATION
You can request access to your personal information or request that it be corrected by contacting us via email. To ensure your privacy, we ask that you provide as much detail as possible in your request so that we can be certain the information you request relates to you. We will not charge you a fee for your request, however we may charge you administrative fees in respect to providing you the information. We will advise you of any applicable fee before processing our response to your request.
If you wish to make a formal complaint, please email us. We will consider your complaint promptly and contact you to seek to resolve the matter. If we have not responded to you within a reasonable time, or if your concerns are not resolved to your satisfaction, you are entitled under the Privacy Act to make a complaint to the Office of the Australian Information Commissioner.