Terms & Conditions (Ordering)

Version 1.3 - August 2018
  1. These Terms and Conditions govern the use of Sydney Fresh Seafood ("this app") and the purchase of any goods from it. This app is operated and managed by Sydney Fresh Seafood ("Sydney Fresh Seafood") A.B.N: 80 945 033 292.
  2. If you need more assistance you can always contact our Customer Service team using the details contained in the About Us section within this app.

Acknowledgement and acceptance of Terms and Conditions

  1. Please note that by accessing, using or browsing this app you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions").
    Sydney Fresh Seafood reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using this app, you acknowledge that you have read and understood these Terms and Conditions.

Limitation of Liability

  1. Any liability of Sydney Fresh Seafood or Sydney Fresh Seafood's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Sydney Fresh Seafood be limited to:
    1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
    2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Disclaimer

  1. The information contained on this app is provided by Sydney Fresh Seafood in good faith. To the best of Sydney Fresh Seafood's knowledge, the information is accurate and current. However, Sydney Fresh Seafood and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Sydney Fresh Seafood's Associates") do not make any representation or warranty as to the accuracy or completeness of the information.
    1. To the fullest extent permitted by applicable law, Sydney Fresh Seafood disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sydney Fresh Seafood makes no warranty that this app, any information or ideas contained on this app or any products or services will meet your requirements.
    2. You expressly acknowledge and agree that Sydney Fresh Seafood does not control other users of this app, the providers of information or ideas to this app or the suppliers of goods and services purchased from this app, and Sydney Fresh Seafood is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
    3. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Sydney Fresh Seafood will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through this app.

Copyright

  1. Copyright of this app exists with its publisher. Some material displayed & contained within this app comprises copyright material, trademarks and registered trademarks which are the property of Sydney Fresh Seafood and third parties. This app may only be used for legitimate consumer activities included but not limited to browsing products and services and placing orders with Sydney Fresh Seafood.

Applicable Law

  1. These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.

Information Provided by You

  1. If you purchase goods and services from Sydney Fresh Seafood, create an account with us, or use this app we may require you to provide your name, address, email address, credit card number or other details ("customer information").
    We may subsequently require further details to enable the processing of any orders that you make.
    You agree to provide Sydney Fresh Seafood with current, complete and accurate customer information when asked to do so by this app or an employee of Sydney Fresh Seafood.

Virus Warning

  1. All care is taken to ensure that this app & supportive infrastructure including websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

Privacy

  1. We treat all customer information in accordance with our full Privacy Policy which can be viewed at http://sfs.natpos.com/App-Privacy-Policy-SFS.html
  2. Our Privacy Policy constitutes part of these Terms and Conditions.

Other information you provide us

  1. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes.
  2. Outside of information that you enter on the web site, we also receive and store certain types of information when you interact with this app, this is might include but not limited to your device unique ID, IP Address.



How do we use the information?

  1. Information that you have provided us will be used in three ways:
    1. To enhance your shopping experience
    2. To communicate to you new products and services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by replying to the communication with an unsubscribe message or to change your preferences.
    3. To generate a holistic but anonymous view of the Sydney Fresh Seafood customer base. This information will allow us to analyse trends and demographics to help Sydney Fresh Seafood improve on the services provided.
    4. It is important to note that we only send periodical communications to people who have "opted in" to receive it. We do not set out to "spam" our customers in any way and honour their right to privacy.

Disclosing Your Information

  1. Partners—Third party companies and individuals have been engaged to perform functions on behalf of Sydney Fresh Seafood. Functions such as fulfilling your purchases, credit card payment authorisation, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage.
  2. Authorities—Sydney Fresh Seafood will pass on any information relating to suspected fraudulent activity to appropriate authorities.
  3. Industry Groups—From time to time we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer.
  4. Verification of Accounts—We do use various details to verify information given to us by our customers. At times, we use:
    1. names on customer accounts to compare with information on credit cards
    2. we use customer phone numbers and email addresses provided to us to communicate with customers about payments
    3. we use customer addresses to check against credit card billing addresses etc.
    4. in cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities
    Many of these checks are done manually and communication is handled carefully by a member of Sydney Fresh Seafood's own customer service team.

Information Consent

  1. By using this app whether express or implied you are granting consent for us to use any information you have supplied or we have collected as outlined in our Terms and Conditions and Privacy Policy.

Lost login and password details

  1. All information relating to logins and credentials is intended to be kept private. Many account holders often forget details such as their access credentials, we can assist as required to reset these details.

Information Security

  1. Sensitive information is secured using Secure Sockets Layer (SSL) software.
  2. Sensitive information sitting on servers used by this app is protected by state-of-the-art encryption and firewall technology.

Payment Security

  1. For payment processing we only use level 1 Payment Card Industry Data Security Standard (PCI DSS) compliant payment gateway providers and we never touch or store your full card number, cvv ("sensitive payment details") on our systems or within this app.
  2. Your payment information may be stored directly with the payment gateway provider in exchange for a token to allow us to initiate a transaction with the payment gateway provider without requiring your sensitive payment details.
  3. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Accessing Your Information

  1. Personal information that you have provided to us during registration can be changed by contacting us.

Children's Privacy

  1. It is important that any information provided or purchases made by children have the consent of parents or guardians.

Other Privacy information you should be aware of

  1. Sign out or close this app once you have finished shopping. This is to ensure that others cannot access your personal information and correspondence.
  2. You are solely responsible for maintaining the secrecy of your credentials and any account information. Please be careful and responsible whenever you are using the Internet and this app
  3. Further Privacy information can be obtained on the Australian Privacy Commissioner's Web Site.
  4. If you need more assistance you can always contact our Customer Support with the details found on the About Us section of this app

Accounts

  1. A Sydney Fresh Seafood account holder may not have more than one active account, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein.
  2. Sydney Fresh Seafood accounts are non-transferable. You may update, edit or terminate your account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
  3. As a Sydney Fresh Seafood account holder, you are responsible for maintaining the confidentiality of your own account credentials. You agree to take responsibility for all activities that occur under your account.

Product Information

  1. Prices of goods and services and delivery and other charges displayed on this app are current at the time of display. These prices are subject to variation without notice.
  2. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content is accurate, complete, reliable, current or error free.
  3. Any product images supplied are for illustrative purposes only and should not be assumed to be an actual photograph of the product. Any colour or size variations will usually be mentioned.
  4. Products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. Sydney Fresh Seafood will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.

Placing and Accepting Orders

  1. Orders will not be supplied until payment in full has been received and Sydney Fresh Seafood is satisfied with the integrity of the order.
  2. Without limiting the operation of any other Terms and Conditions herein, Sydney Fresh Seafood is not responsible for any loss or damage caused by late supply or cancellation of an order or a product.
  3. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer").
    We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
  4. Sydney Fresh Seafood only accept orders for same day supply.
  5. Although we do our best to supply all orders at the requested times during busy periods or due to unforeseen circumstances there may a delay which is unavoidable. This is more likely to occur during busy and peak periods. So while we make every effort to supply your purchases at the requested time, we cannot be held liable for any delays and/or loss caused by a delay.
  6. Where things like strikes, wars, acts of terrorism or even small things like power cuts interfere in our business with you, we will do our best to keep things going.
    We shall have no liability to you for any failure which is due to such unforeseen circumstances or any other situation outside our control.
  7. Once placed your order can only be cancelled if you have contacted us by telephone at least 30 minutes before the requested time ("time of supply") and we accept the request to cancel.
    Any requests for orders to be cancelled under 30 minutes notice can only be done at Sydney Fresh Seafood's discretion.

Cancellation by Us

  1. We reserve the right not to provide goods or services, terminate accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by You

  1. If you need to cancel an order, please contact us immediately by telephone. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
  2. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

Supplying of your Order

  1. It is your obligation to enter the correct details at the time of ordering. Should you enter the wrong details, we are not obliged to re-supply the order to you or supply the at a different date/time/location at our expense.
  2. Any time or date stated for supply of your order is an estimate only. Sydney Fresh Seafood makes every effort to supply goods on time, but does not accept liability for failure to supply within the stated time. If Sydney Fresh Seafood is unable to supply the goods for some unforeseeable reason we will phone you to discuss the situation.
  3. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from the late supply of your order.
  4. Without limiting the operation of any other Terms and Conditions herein, you agree that late supply of your order does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
  5. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after we have supplied your order.
  6. Supply of your order is deemed to take place when the goods have been made ready for pickup or in the event of a delivery this will be when the goods are delivered to the Customer's nominated address. In either of these events you are responsible for your goods from that point on as this constitutes the time of supply. From the time of supply of the goods, any loss or damage to the goods shall be at your own risk.
  7. You accept that we cannot be held responsible for anyone impersonating you or your company for collecting your order at our store or for deliveries at the address you specify.

Returns and Exchanges

  1. Sydney Fresh Seafood will not exchange or refund goods unless we believe the problem with the item likely existed at the time of supply.
  2. Sydney Fresh Seafood will refund only when we are satisfied that the goods were damaged or faulty or not meeting our standards at the time of supply. This will be refunded according to the original method of payment.

Goods Damaged or Faulty on Pickup

  1. Except where required by law, you must bring the problem to our attention within a reasonable amount of time which will be assessed based on the nature of the problem & the type of goods and we will endeavour to resolve the problem with you on the spot.
  2. Shortages—If you notice any shortages please inform us at the time of supply.
  3. Incorrect Goods—It is your responsibility to notify us of any in-correct goods at the time of supply.
  4. In the event that you receive a defective or damaged product, we will refund the original product price via the original method of payment.
    Alternatively, if you request a replacement, we will supply your replacement item (subject to availability) once we have received the return.

Goods Damaged or Faulty on Delivery

  1. Except where required by law, you must return damaged goods within 48 hours of receipt.
  2. Damaged Goods—If goods arrive in a damaged condition call us within 24 hours of your delivery and we will endeavour to resolve the problem.
  3. Shortages—If you notice any shortages it will be your responsibility to notify us within 24 hours from delivery.
  4. Incorrect Goods—It is your responsibility to notify us of any in-correct goods supplied within 24 hours from delivery.
  5. In the event that you receive a defective or damaged product, we will refund the original product price via the original method of payment.
    Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return.

Promotions and Competitions

  1. Other Terms and Conditions not listed herein and applying to Sydney Fresh Seafood promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein.
    To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.
  2. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this app.

Suppliers

  1. If you enter into a transaction with us to purchase products, services or vouchers for products, services or vouchers that will be supplied directly by a third party, Sydney Fresh Seafood is not responsible for the provision of those services or for any misunderstanding between you and the supplier.
  2. In all arrangements involving the direct provision of services by third parties, Sydney Fresh Seafood accepts no liability of any kind in connection with or arising from such an arrangement.

Release and Indemnity

  1. You agree to waive any and all claims that you now have or may have in the future against Sydney Fresh Seafood and Sydney Fresh Seafood's Associates which relate to or are incidental to any transaction.
  2. You agree to indemnify and hold Sydney Fresh Seafood harmless from and against any and all claims, loss or expense that may be incurred by Sydney Fresh Seafood or Sydney Fresh Seafood's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
  3. You further agree to indemnify and hold Sydney Fresh Seafood and Sydney Fresh Seafood's Associates harmless from any claim made by any third party due to or arising out of your use of this app, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this app using your account or credentials, of any intellectual property or other right of any person or entity.


Pricing

  1. Goods and services, together with GST (where applicable) are invoiced at the price prevailing at time of supply. Sydney Fresh Seafood reserves the right to modify the prices from time to time without notice.
  2. Price shall mean the consideration due for purchase and including GST where applicable.
  3. We are constantly updating our products prices and offers. We are confident of our technology and staff but acknowledge that human error and technical issues can occur. Sydney Fresh Seafood reserves the right to amend/correct any errors without prior notice to the customer. If goods are offered for sale incorrectly we will always try to honour our offer. There may be rare circumstances where it is not possible for us to do so. In such cases we will contact you and explain the situation, if we are unable to resolve the matter fairly with you we reserve the right to refuse your order and refund any payment you may have made
  4. Prices shown are indicated on the assumption that no variation in the price will be made by our suppliers. In the event of such changes. You will be contacted by us to obtain consent for any price increase. Where no such consent is obtained, then you may modify or cancel your order.
  5. Sydney Fresh Seafood makes every effort to supply the goods as advertised but reserves the right to vary actual sizes, specifications and quantities without prior notice. In the event that Sydney Fresh Seafood cannot supply the goods ordered by the Customer, Sydney Fresh Seafood reserves the right to offer goods of equal or superior quality at no extra cost. If the Customer does not wish to accept the alternative goods offered he or she may cancel the order and require any money paid to Sydney Fresh Seafood in respect of that order to be refunded.

Payment

  1. All goods and services remain the property of Sydney Fresh Seafood until full payment is received.
  2. Sydney Fresh Seafood standard terms of payment are cleared funds (deemed to be cash received, payments received via bank transfer/internet banking, cleared cheque, cleared credit/debt card). This will apply except in the case of transactions where different terms are agreed.
  3. We accept a number of major credit and debit cards including Visa and Mastercard.
    Incorrect information will cause a delay in processing your order.
    Your order will only be processed once authorisation of your credit card has been properly received. You undertake that the credit or debit credit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us.
    We reserve the right to obtain validation of your credit or debit credit card details before providing you with any goods or services.

App Store Terms & Conditions

  1. The location from which you have downloaded the authorised published version of this app will herein be referred to as the app store ("app store").
    Any terms & conditions that apply to you through using the app store to download, install & continue to use this app are to be considered as incorporated into these Terms and Conditions.
    Unless expressly stated, to the extent that the app store Terms and Conditions are not incompatible with the Terms and Conditions herein, the app store Terms and Conditions will be in addition to the terms & conditions herein.
    To the extent that the app store Terms and Conditions are incompatible with the Terms and Conditions herein, these Terms and Conditions shall prevail.

General

  1. Sydney Fresh Seafood reserves the right to change or amend these terms and conditions at any time and without prior notice.