1. Your access to and use of the Hosted Website

Your use of the Hosted Website constitutes your agreement to these terms and conditions.

2. Sale Transactions

2.1 You acknowledge that:

(a) we act as a conduit for the ordering of your school’s eCommerce items;

(b) we are not involved in the actual production and delivery of the eCommerce items; and

(c) we have no control over and, to the extent permitted by law, makes no warranties in relation to:

(i) the availability, suitability, quality, safety or legality of the eCommerce items advertised on the Hosted Website;

(ii) the accuracy or truth of any advertising or eCommerce item listing on the Hosted Website; and

(iii) the ability, where eCommerce item is ordered via the Hosted Website, to enforce the eCommerce production or delivery of the eCommerce item by your school.

2.2 By placing an order for eCommerce items on-line via the Hosted Website you agree with your school to be bound by the terms of sale.

2.3 Only persons who are aged at least 18 years of age may order or purchase eCommerce items via the Hosted Website.

3. Username and Password

You must keep confidential your username and password issued to you.

4. Orders

4.1 We will issue you an Order ID every time you order a eCommerce item on the Hosted Website.

4.2 You must retain the Order ID and not disclose it to any other person.

4.3 We will direct your query, complaint or dispute in relation to the production or delivery of a eCommerce item to your school.

5. Fees and Charges

5.1 You must pay for the eCommerce items that you purchase.

5.2 Unless indicated otherwise, fees and charges include any applicable GST.

5.3 Payment for eCommerce items must be made in advance and can only be paid by credit or direct debit card.

5.4 If payment is otherwise reversed, your order will be automatically cancelled.

6. Limiting, Suspension and Cancellation

6.1 We may without prior notice suspend or cancel your access to the Hosted Website if you are otherwise in breach of any of these Terms and you do not rectify the breach within 10 days of notification by us.

6.2 You acknowledge that suspension or cancellation of your access to the Hosted Website will render your username and password inoperative.

7. Nutrition and Health Information

7.1 You acknowledge that nutritional information about a tuckshop item is supplied by your school and that we have no control over and, to the extent permitted by law, makes no warranties in relation to the accuracy or truth of the nutritional information provided on the Hosted Website.

7.2 You acknowledge that the health information and summaries provided on the Hosted Website is to provide general information and do not constitute medical advice and should not be relied upon as such.

8. Uncontrolled events

We are not liable for:

(a) any delay in providing the Service;

(b) any fault or interruption in the Service such as website congestion or website maintenance and repairs;

(c) any delay in correcting any fault or interruptions in the Service;

(d) failure or incorrect operation of the Service;

(e) any delay or failure by your school to respond to your query, complaint or dispute;

(f) cancellation of an order by your school;

(g) delay, non-delivery or substitution of an order by your school;

(h) any failure by you to complete the ordering process properly;

(i) inaccuracy of or incorrect description or nutritional information of a eCommerce item;

(j) the availability, quality, safety, suitability, longevity, legality or other problems with a eCommerce item supplied by your school; or

(k) events or circumstances reasonably beyond our control.

9. Technical and Operational Limitations

We will take all reasonable steps to maintain the integrity of the Hosted Website and prevent intrusion by unauthorised third parties. You acknowledge that such measures cannot be considered to provide a guaranteed security breach prevention solution.

10. Privacy

10.1 We do:

(a) not record your credit card details; and

(b) record your name, student’s name or contact details for future reference.

10.2 We maintain a comprehensive privacy policy which is available on the Hosted Website or by contacting us. You consent to us collecting and disclosing your personal information to:

(a) enable us to perform our obligations under these Terms;

(b) any credit providers or credit reporting agencies;

(c) any law enforcement agencies;

(d) conduct ongoing credit management of your account;

(e) the student’s school; and

(f) any person who provides us with your username and password.

11. General

11.1 To the extent permitted by law, we and your school:

(a) exclude terms, conditions, warranties, undertakings, inducements and representations, express or implied, relating to the supply of the Service;

(b) are not liable to you or any third party for any direct or consequential loss or damage however suffered or incurred (whether in negligence or otherwise) in relation to the Service;

(c) are not liable for any defamatory, offensive or illegal conduct or material found in connection with the Service, including such conduct or material attributable to your School.

11.2 You indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of or in any way connected with the provision of the Service and your use of the Service in a manner contrary to these Terms.

11.3 These Terms are governed by the laws of Queensland, Australia.

12. Defined Terms

In these Terms: