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Terms of Use

Terms of Use – MEMBERS & CONSUMERS.

These Terms of Use set forth the conditions on which you use the Website (“the Website”) and services offered by www.FoodMarketplace.com.au the Website. These Terms of Use are a contract between you and FoodMarketplace.com.au. By using the Website, you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use and to comply with all applicable Australian laws and regulations.

We may amend these Terms of Use at any time without notice in our sole discretion and the changes will apply immediately. Please check this page regularly to ensure you are aware of any changes. Our Privacy Policy and IP statement published on the Website form part of these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of the Website. A reference to these Terms of Use includes all such policies.

These Terms of Use apply to all users of the online marketplace, whether you are a visitor simply browsing the Website or are a registered user. 

These Terms of Use do not cover your legal relationship with any Sellers pursuant to this Website. The terms and conditions governing your relationship with such Sellers shall be defined between you and such third parties.

1. Nature of the Website

FoodMarketplace.com.au is a website designed for food and wine retailers and their customers. Details of what we offer to you are outlined on the "About Us" section of the Website. FoodMarketplace.com.au  does not buy or sell goods. We are not involved in the actual transaction between Consumers and Retailers on the Website. We act as a passive conduit for the exchange of information and goods and are therefore not involved in the actual transaction. Consequently, we do not have any control over and do not guarantee the quality, accuracy, safety, suitability, or legality of any items listed or content posted by Retailers, the truth or accuracy of listings, or the ability of Retailers to sell on the Website. In particular, we cannot ensure and do not guarantee that a Retailer will actually complete a transaction or act lawfully in using the Website. See Paragraph 5 below.

You are solely responsible for transactions between you and Retailers advertising via the Website, and for independently verifying all information on that site before relying on it in any manner. You must ensure that any form of payment provided for purchased items is valid and that you provide payment as agreed upon. If you do not provide complete or accurate information, Retailers may not be able to provide you with the purchased items. Please note that FoodMarketplace.com.au  does not have access to your credit card details, and does not store credit card or other personal financial information. Your transaction will be complete upon the Retailer's receipt of your payment at the Retailer's designated PayPal account.

2. Eligibility to use the Website

You are entitled to use this Website if you believe you are capable of forming legally binding contracts. FoodMarketplace.com.au  does not underwrite any transactions that take place on this website. Australian residency is not required in order to make purchases on the Website.

3. Use of the Website

The information provided on the Website can be accessed free of charge. Registration is also free. For the benefits of registration, go to the "Register" page.

Retailers can upgrade from a FREE Retailer to a Gold Key Retailer by paying a set fee. We do not charge you or any Retailers a commission based on the amount or value of purchases and sales made via the Website.

All information provided by you, all members and all Retallers, in your registration in connection with the Website must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe this is not the case. If you register as a user, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential. We will never ask you to send your password or other sensitive information to us in an e-mail or to enter it via any website other than one with the URL www.FoodMarketplace.com.au  If you suspect any unauthorised use of your account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account.

We use industry standard techniques, including encryption to process and store personal information. However, to the extent permitted by law, we do not accept responsibility for the security of personal information transmitted over the Internet or the unauthorised access to or use of your personal information. Please refer to our Privacy Policy.

We use commercially reasonable efforts to maintain the Website at all times and keep it operating free from bugs, errors, technical problems, or defects. In the event that any bugs, errors, technical problems, or defects are identified, we will assign technicians to promptly triage and resolve the issue, and to provide a work around. If at any time you become aware of an error, bug, or other technical problem, we ask that you promptly notify us of the incident at: info@FoodMarketplace.com.au providing the following information:
(a)    the specific sequence events causing the incident;
(b)    the exact wording of any bug or error messages, if applicable;
(c)    a full description of the incident; and 
(d)    any special circumstances surrounding the discovery of the incident for which you are seeking technical support.


4. Suspension or Cancellation of Registration
We may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed any fraudulent or other illegal activity, we may report you to relevant law enforcement authorities. We also reserve the right to discontinue operating the Website at any time.


5. Retailer's Listings
Retailers are required to list all prices in Australian dollars and to clearly state any additional charges. We receive listings for publication in good faith on the basis of representations given by Retailers. We do not endorse any items advertised on the Website, or make any warranty or representation that they are of a particular quality or suitable for any purpose. We do not pre-screen Retailers before they register to sell on the Website. It is your own responsibility to investigate the suitability of any items listed on the Website or verify the credentials of Retailers before engaging in any transactions, if you consider it necessary.
Notwithstanding the foregoing, please let us know if you believe any information or advertisement on the Website is inaccurate or misleading or conflicts with relevant laws.
As we are not involved in transactions and are merely a passive conduit for online advertising of Retailers' items, we have no involvement in, or control over, the terms on which they may choose to supply goods or property to you. Retailers are solely responsible for setting their own terms and conditions, including but not limited to terms and conditions of sale, payment, delivery and/or shipping, warranties, and returns, and as the Buyer, you assume all risk and liability of making purchases from any Retailer with a listing on the Website. Also, there is no guarantee that any order placed with a Retailer advertising on the Website will be accepted or filled by that Retailer, particularly if you are not located in the region where that Retailer resides and/or operates. Some Retailers may provide discount vouchers, special offers, gift certificates or other benefits via the Website. The terms and conditions of such offers will be specified by the relevant Retailers and will generally only be available to registered users. We do not take any responsibility for any such offers or benefits offered by Retailers. It is your sole responsibility to address and resolve any dispute that arises with any Retailer advertising on the Website directly with that Retailer. FoodMarketplace.com.au  has no obligation to become involved with any such dispute.

6. Specific Prohibited Uses
The FoodMarketplace.com.au may be used only for lawful purposes, and should only be used by Buyers and Retailers seeking to buy or sell Food goods on the Website.
FoodMarketplace.com.au specifically prohibits any other use of the Website, including but not limited to the following: (a) using the Website for any purposes other than as a Member, Buyer and Retailer; (b) posting or submitting to the Website any information in which you impersonate or claim to be in any manner another person (living or deceased), an animal, a place, or a fictional character, or in which you misrepresent your affiliation with another person or entity; (c) posting or submitting to the Website files which you do not own in full the rights, (d) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website; (e) taking any action that disrupts, tampers with, interfering with, or imposing an unreasonable burden on the Website's infrastructure, servers, data, or network, or those of any third party via the Website; (f) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari); (g) posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website or of any computer software, hardware, or telecommunications equipment; (h) deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website; (i) aggregating, copying, or duplicating in any manner any of the software making up a part of the Website or any of the content or information available on the Website; (j) using any means of automatically searching or mining data from the Website or in any way attempting to interfere with the proper working of the Website or transactions with businesses advertising through the Website; (k) stalking, harassing, or threatening any Member,  Buyer, Seller, Retailer or user of the Website; or (l) collecting or storing personal information about any other Member, Buyer, Seller, Retailer or user of the Website.
We reserve the right (but do not have the obligation) to suspend or terminate any Members, Buyers, Sellers, Retailer or Users who do not appropriately use the Website. If you become aware of an inappropriate use, please notify us at our e-mail address, which is info@ FoodMarketplace.com.au

7. Reviews, Comments, and Other Content
You may post reviews, comments, and other content on the Website regarding Buyers and Retailers, and also submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but do not have the obligation) to delete or remove such content. We do not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant to us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and to grant sublicenses to third parties, including the businesses to which such content was directed. You grant to us and our sublicensees the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, and that the use of the content you supply does not violate these Terms of Use hereunder. You agree to indemnify, defend, and hold harmless FoodMarketplace.com.au andThe Soc Exchange.com PTY LTD and our sublicensees for all claims resulting from the content you supply. We have the right to monitor and remove any activity or content at any time without notice. Our sublicensees also have the right to remove content at any time without notice. We take no responsibility and assume no liability for any content posted by you or any third party.

8. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you believe that your intellectual property has been copied in a way that constitutes infringement of intellectual property, please provide us with the following:
(a)    the name of the owner and a signature of the person authorised to act on behalf of the intellectual property interest that is alleged to be infringed;
(b)    a description of the work, product, or other intellectual property that you claim has been infringed;
(c)    a description of where the material is located on the Website;>
(d)    your address, telephone number, facsimile number and e-mail address;
(e)    a statement by you affirming your good-faith belief that the disputed use is not authorized by the intellectual property owner or its agent; and
(f)    a statement by you made under prosecution of false statementsthat you are the intellectual property owner or authorised to act on the intellectual property owner's behalf.
All intellectual property infringement complaints should be directed to us at: 
info@FoodMarketplace.com.au

9. Intellectual Property
All trade marks, inventions, designs and copyrightable material, including but not limited to content (such as text, images, audio and video files) ("the Content"), code, design features, databases, and compilations (i.e. the collection, arrangement, and assembly of materials) are owned or licensed by us unless otherwise indicated. Except to the extent that the Content or other copyrightable material is owned by you, you may not reproduce, display, publicly perform, copy, distribute, or otherwise use for any commercial purpose any portion of the Website without the express written permission of FoodMarketplace.com.au and The Soc Exchange.com PTY LTD or our licensors as appropriate. The use of any copyrightable material on any other website or in a networked computer environment for any purpose is prohibited. Any code that we create to generate or display any content on the pages of the Website is also protected by our copyright and you may not copy or adapt such code.
Please see our IP Statement for additional information about our intellectual property on the Website.

10. Third Party Websites
This Website may contain links to other websites of Retailers, which are not maintained or controlled by us. We do not endorse, accept any responsibility for the content or use of any third party websites, or make any representations about the information, products, services, or materials found on such third party websites. We reserve the right (but do not have the obligation) to delete or remove any links to websites containing such content. We do not regularly review the posted content to external websites linked to the Website. We take no responsibility and assume no liability for any content posted by any third party on an external website.


11. Disclaimer and Limitation of Liability
We make no guarantee or representation, either express or implied, as to the accuracy, correctness, value, timeliness, or completeness of any information on the Website, to the financial condition of any Member, Buyer, Seller, Retailer or User listed on the Website. All listings and other information is provided "as is" and "as available" basis and we do not represent that it they are complete, current, or free from errors or omissions. We do not control the content posted to the Website or linked to the Website through third party websites, including the content of any messages, reviews, websites linked to the Website, and we do not guarantee the accuracy, integrity, quality, timeliness, or appropriateness of such content, nor can we guarantee that any product, vehicle, or real estate sold on the Website is free of defects. The use of the Website and any third party websites linked to the Website is at your own risk. You should verify all information provided. Access to the Website or any third party websites may be interrupted by a variety of factors, including those outside our control. We cannot warrant or represent that access to the Website or any third party websites will be continuous, uninterrupted, virus-free, or secure, nor can we ensure that the Website will be bug-free, error-free, or free of technical problems. We will however, use reasonable care to maintain uninterrupted, bug-free, error-free service on the Website. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS, OR ADVICE GIVEN BY US, OUR AGENTS, OR OUR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CERTAIN AUSTRALIAN OR STATE LEGISLATION DOES NOT ALLOW FOR AN EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THAT THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED OR THAT THE WEBSITE WILL OPERATE BUG-FREE, ERROR FREE, OR UNINTERRUPTED.

12. Waiver and Release of Claims; Indemnification
To the extent permitted by law, you expressly agree to waive and release us and our officers, directors, employees, independent contractors, representatives, and agents from any and all claims, damages, losses, costs, or expenses, including but not limited to reasonable attorneys fees, in any way connected with a dispute you may have with a Member, Buyer, Seller, Retailer or User using the Website. You further agree to indemnify, defend, and hold us, our officers, directors, employees, independent contractors, representatives, and agents harmless against any and all claims, demands, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with (i) a breach of these Terms of Use; (ii) a breach of any terms or conditions entered into by you with any third party through the Website; (iii) any infringement or contributory infringement of the intellectual property rights of FoodMarketplace.com.au and The Soc Exchange.com PTY LTD or any third party on the Website; (iv) a dispute between you and any third party arising out of the use of the the Website, including but not limited to any disputes alleging fraud or negligent misrepresentation by any Member, Buyer, Seller, Retailer or User; or (v) any violation of the Australian federal and state anti-discrimination laws and regulations as set forth in Paragraph 16 below, or any other applicable law or regulation.

13. Advertising and Anti-Discrimination Laws
Under the Australian federal and state anti-discrimination laws, it is unlawful to publish or display an advertisement that indicates or could be reasonably understood to indicate an intention to discriminate. We will not knowingly accept any advertising which is in violation of any anti-discrimination laws in Australia.

14. General
You may close your account at any time. We may suspend or terminate your account at any time without notice at our sole discretion if we suspect you have breached these Terms of Use or if these terms otherwise permit. We also reserve the right to discontinue operating the Website at any time at our sole discretion. You will remain liable for obligations incurred to your account even if it has been closed. Paragraphs 10, 11, and 12-18 of these Terms of Use will also continue to apply once your account has been closed. You may not assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent. You agree that we may assign this agreement without prior notice in the event of a merger, acquisition or sale of all or part of our business. No waiver of any breach of these Terms of Use, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege.
Our relationship of the parties is one of independent contractors and nothing in these Terms of Use will imply a relationship of partnership, joint venture or principal and agent.
If any provision in these Terms of Use is found or held to be invalid or unenforceable or capable of termination by a party in any jurisdiction in which this agreement is performed, then the meaning of that provision will be construed, to the extent feasible, to render the provision enforceable. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use which are to remain in full force and effect.
We will send any legal notices or communications regarding your account to your designated e-mail address. Please ensure that a valid e-mail address is designated to your account at all times. Your primary point of contact with FoodMarketplace.com.au  should be via the "Contact Us" tab on the Website menu. Any formal notices or communications should be sent to our postal address provided at the beginning of these Terms of Use. Notices sent by e-mail or confirmed facsimile will be deemed to have been received 24 hours after being sent, regardless of whether you have actually read the notice or not. Notices sent by mail should be sent by pre-paid registered mail return receipt requested or by a recognized international courier, and will be deemed to have been received five (5) days following the date in which they were sent.

15. Fans
Any member, consumer or retailer, can become a Fan of a food retailer’s website. Food retailers can become a fan of their own website if they so choose. When a member becomes a Fan of a food retailer’s website they are not only showing their support of that food retailer with their Fan Count, but by becoming a Fan they are also subscribing to receive ‘Specials email alerts’ and ‘Hot Buy email alerts’ from that retailer whom they have become a fan. Members can UnFan or unsubscribe from a food retailer’s website at any time.
 

16: Dispute Resolution
These Terms of Use are governed by the laws of the New South Wales, Australia without regard to conflicts of law principles. The parties agree to submit all disputes arising under these Terms of Use to a certified mediation or arbitration person or entity except that where appropriate, disputes may instead be reported to the police or law enforcement agencies. For the avoidance of doubt, all claims brought against FoodMarketplace.com.au must be submitted in accordance with this Paragraph 18. In the event that any submitted claim fails to be resolved, the parties submit to the jurisdiction of the Courts of New South Wales, Australia or to that of the Federal Court through the Sydney Registry.
 
 
 
Terms of Use – MEMBERS & RETAILERS


These Terms of Use set forth the conditions on which Food Retailers may use the Food FoodMarketplace.com.au website ("the Website") and services offered by FoodMarketplace.com.au and The Soc Exchange.com Pty Ltd ("The Soc Exchange")through the Website. These Terms of Use are a contract between you and FoodMarketplace.com.au . By using the Website or registering your business, you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use and to comply with all applicable Australian laws and regulations.
We may amend these Terms of Use at any time without notice in our sole discretion and the changes will apply immediately. Please check this page regularly to ensure you are aware of any changes. We will notify you prior to any increase in our service charges.
Our Privacy Policy and Intellectual Property statement published on the Website are incorporated by reference into these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of the Website. Any reference to these Terms of Use includes all such policies.
These Terms of Use apply to all Sellers wishing to sell any item on The Soc Exchange's online marketplace via the Website. Separate terms of use apply to Buyers using the Website.
These Terms of Use do not cover your legal relationships with Buyers or other users browsing the Website. The terms and conditions under which such dealings are carried out are matters between you and those other parties.


1. Nature of the Website
FoodMarketplace.com.au is an online platform that facilitates the sale of food and wine products by retailers . Details of what we offer to you are outlined on the "About Us" section of the FoodMarketplace.com.au  Website. We do not buy or sell food products ourselves. We are not involved in the actual transaction between Retailers and Consumers / Buyers using the Website. Consequently, we do not have any control over the completeness or accuracy of any information provided to Retailers by Consumers / Buyers and vice-versa using the Website. In particular, we cannot ensure and do not guarantee that a Consumer / Buyer will actually complete a transaction or act lawfully in using the Website and are unable to verify the identity or age of any Buyer.
You are solely responsible for transactions between you and Consumers / Buyers contacting you via the Website. In particular, FoodMarketplace.com.au does not have access to, and does not verify or store any payment details provided by Consumers / Buyers. You must use any such information given to you by a Consumer / Buyer only for the purposes of the particular transaction and you must not disclose that information. You have the sole responsibility to protect all Consumer / Buyer information, including credit card or other payment information, in accordance with applicable Australian privacy laws, anti-spam laws, and with our Privacy Policy, which is incorporated by reference into this Agreement. Provided a Consumer / Buyer has given you adequate details to enable you to complete a transaction and they have paid in full, you must complete the transaction unless it would be unlawful for you to do so. In particular, unless you have agreed otherwise with the Consumer / Buyer or stated otherwise on your shop-front, ordered items must be dispatched on the same business day, or on the following business day if the order is completed after 3:00 pm. The terms on which you agree to conduct business with Consumers / Buyers via the Website must not be inconsistent with these Terms of Use. In the event of any inconsistency, these Terms of Use will prevail. Consumers / Buyer's transaction will be complete upon your receipt of Buyer's payment at your designated account.
You must conduct your selling activities to the highest of ethical standards, in accordance with all relevant Australian laws and regulations. You are solely responsible for adhering to all applicable tax obligations, including but not limited to any sales, use, or excise tax obligations.
As the Website is hosted by a third party and given the nature of the Internet, we are unable to give any guarantee that the Website will be accessible to you or Consumers / Buyers at all times. We will make every effort to minimise interruptions of service, and will notify you if we anticipate or plan any scheduled downtime for the purpose of upgrading or updating the Website.


2. Eligibility to Use the Website
You must not register or use the Website for promoting and/or selling if Australian state or federal laws prohibit you from doing so. Also, you must be a resident of Australia and a professional food retailer with a registered ABN in order to be a Retailer / Seller on the Website. All sales must comply with the eligibility criteria for sales of goods set forth in Paragraph 6. You must be at least 16 years of age in order to use the Website. If we have any reason to suspect that you are not complying with Australian state or federal law, the eligibility criteria, or the minimum age requirement, then we will be entitled to suspend or terminate your registration without notice. We also reserve the right (but do not have the obligation) to delete or remove listings in such circumstances. We take no responsibility and assume no liability for any listings posted in violation of Paragraph 2.


3. Use of the Website
You must have an ABN and register, in order to set-up a FREE retailer website on Foodmarketplace.com.au. Annual subscription fees of $1,095.00 apply in-order to upgrade and become a Gold Key Retailer within Foodmarketplace.com.au. We do not charge retailers a commission based on the amount or value of purchases made via the FoodMarketplace Website. Additional fees may apply for additional benefits that we choose to provide from time to time. We will notify you prior to any increase in fees.
All fees paid to FoodMarketplace.com.au are non-refundable, unless stated otherwise, so please be certain when you are ready to upgrade to Gold Key Retailer status within FoodMarketplace.com.au.
Attention all retailers, any information provided by you to us, whether in your registration or otherwise in connection with this site must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to suspect this is not the case.
When you register, you will be required to select a password. You must not disclose your password to any third party and are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an e-mail or to enter it via any website other than one with the URL of www.foodmarketplace.com.au.. If you suspect any unauthorised use of your account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account.
We use industry standard techniques, including encryption, to process and store personal information. However, to the extent permitted by law, we do not accept responsibility for the security of personal information transmitted over the Internet or the unauthorised access to or use of your personal information. Please refer to our Privacy Policy.
We use commercially reasonable efforts to maintain the Website at all times and keep it operating free from bugs, errors, or defects. In the event that any bugs, errors, or defects are identified, we will assign technicians to promptly triage and resolve the issue, and to provide a workaround. If at any time you become aware of an error, bug, or other technical problem, we ask that you promptly notify us of the incident at: info@FoodMarketplace.com.au providing the following information:
(a)    the specific sequence events causing the incident;
(b)    the exact wording of any bug or error messages, if applicable;
(c)    a full description of the incident;
(d)    any special circumstances surrounding the discovery of the incident for which you are seeking technical support..


4. Suspension or Termination of Access
We may suspend or terminate your webstore /  listing and account with us at any time without prior warning if we suspect that you fail to comply with these Terms of Use (including failure to pay fees when due and failure to declare yourself as a registered business), without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed any fraudulent or other illegal activity, we may report you to relevant law enforcement authorities. We also reserve the right to discontinue operating the Website at any time. You may close your account at any time, provided that you have paid all amounts owed to us. You will remain liable for obligations related to your account even if it has been closed. Paragraphs 4 and 14-21 of these Terms of Use will also continue to apply once your account has been closed. Under no circumstances will we be liable for any loss of profit or business opportunity that may result from the suspension or termination of your account.See Paragraph 17 below.

5. Content of Listing
As with any form of advertising, the content of your listing must comply with all relevant Australian laws. These laws vary depending on the nature and location of your business, if any, and the items offered. You represent and warrant that all content provided by you will comply with relevant Australian laws. In particular, no content may: be misleading or deceptive, be likely to mislead or deceive users of the Website, be illegal, infringe or encourage the infringement of the intellectual property rights of any person, defame any person, harass any person, incite violence or encourage criminal behavior, constitute hate speech, invade another person's privacy, or contain offensive content by any relevant standard of decency. Please seek professional advice if you are unsure of your legal obligations or whether your content complies with applicable laws. You are solely responsible for ensuring you are in compliance with all such laws. Although you are solely responsible for content provided by you, we reserve the right to edit or remove your content if we (in our sole and absolute discretion) consider that it conflicts with relevant laws, is inappropriate or otherwise fails to comply with these Terms of Use. We also reserve the right to suspend or terminate your account for posting inappropriate content (in our sole and absolute discretion).
Your listing must only contain text, graphics, photos, or pictures relevant to the advertised items or otherwise relevant to your goods and/or business. Under no circumstances must offensive or sexually explicit content be included or linked to your listing. All content must clearly identify your name, including your business name (if applicable), contact details and any other information required by law. All telephone and facsimile numbers and e-mail addresses must be fully functional and regularly monitored.
You are required to list all prices in Australian dollars, and to clearly state any additional charges, including but not limited to shipping and handling or any applicable taxes. All delivery and other charges must be clearly stated. Your listing must not contain any virus, worm, trojan or other computer programming routines that may damage or interfere with the Website, computer system or data or that of any third party. You listing must not constitute political campaigning.
You represent and warrant that: (i) all listings and content published by you on or in connection with the Website comply with all relevant laws, are complete and accurate and are not misleading or deceptive, nor likely to be misleading or deceptive and do not infringe or encourage the infringement of the rights of any third party, (ii) all items advertised by you on or through the Website comply with all relevant laws and are of a particular quality and suitable for the purpose for which they are intended; (iii) no listing or content published by you on in connection with the Website defames or invades the privacy of any person, or constitutes hate speech; (iv) all advertising and content published by you contain no or offensive content under any relevant standard of decency; (v) no listing or content published by you incites violence or encourages criminal behavior; and (vi) you are the lawful owner of good and marketable legal title in each of the items listed for sale
.
6. Specific Prohibited Uses
This Website may be used only for lawful purposes, and should only be used by members,  Buyers, Retailers and Users seeking to buy or sell food and wine goods on the Website.
FoodMarketplace.com.au specifically prohibits any other use of the Website, including but not limited to the following: (a) using the Website for any purposes other than as a Member,, Buyer or Retailer; (b) posting or submitting to the Website any information in which you impersonate or claim to be in any manner another person (living or deceased), an animal, a place, or a fictional character, or in which you misrepresent your affiliation with another person or entity; (c) posting or submitting to the Website files to which you do not own in full the rights, (d) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website; (e) taking any action that disrupts, tampers with, interfering with, or imposing an unreasonable burden on the Website's infrastructure, servers, data, or network, or those of any third party via the Website; (f) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari); (g) posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website or of any computer software, hardware, or telecommunications equipment; (h) deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website; (i) aggregating, copying, or duplicating in any manner any of the software making up a part of the Website or any of the content or information available on the Website; (j) using any means of automatically searching or mining data from the Website or in any way attempting to interfere with the proper working of the Website or transactions with businesses advertising through the Website; (k) stalking, harassing, or threatening any other Buyer, Seller, or user of the Website; or (l) collecting or storing personal information about any other Buyer, Seller, or user of the Website.
We reserve the right (but do not have the obligation) to suspend or terminate any Members, Buyers, Retailers, or Users who we suspect do not appropriately use the Website. If you become aware of an inappropriate use, please notify us at our e-mail address, which is info@FoodMarketplace.com.au

7. Sellers' Terms and Conditions
As FoodMarketplace.com.au is not involved in your transactions with Consumers / Buyers, and is merely a passive conduit for online advertising of your items for sale, we have no involvement in, or control over, the terms on which you may choose to sell to Consumers / Buyers. You are solely responsible for setting your own terms and conditions, including but not limited to terms and conditions of sale, payment, delivery and/or shipping, warranties, and returns, and as the Retailer / Seller, you assume the risk of making sales and collecting money from any Consumer / Buyer. You should conduct any investigation or due diligence on a Consumer / Buyer that you feel is appropriate or necessary before engaging in a transaction with such Consumer / Buyer on the Website. We do not have any control over and do not guarantee the quality, accuracy, safety, or legality of any items advertised or content, the truth or accuracy of listings, your ability to sell, or the Consumer / Buyer's ability to buy. In particular, we cannot ensure and do not guarantee that a Consumer / Buyer will actually complete a transaction or act lawfully in using the Website.
If you obtain and store the personal information of any registered users (including by reason of an order placed by a Consumer / Buyer with you), you must only use that information for the purpose for which it was disclosed and must not use it for marketing purposes unless the individual has given his or her specific written consent for you to do so. In particular, you may not use personal information of registered users for sending unsolicited commercial messages. Credit card details and other personal and financial information of Consumers / Buyers obtained through their use of the Website may only be retained and used as provided by applicable law. In particular, you must comply with all applicable privacy and anti-spam laws, as well as our Privacy Policy.
You are responsible for addressing and resolving any and all disputes with Consumers / Buyers who have ordered goods from you through the Website. FoodMarketplace.com.au has no obligation to become involved with any such dispute. If you believe that a Consumer / Buyer has acted illegally or violated the Terms of Use, please notify us at your earliest convenience.

8. Product Recalls
You are solely responsible for staying informed about product recalls. Recalled items are not permitted to be sold on this site as set forth in Paragraph 6, and you must immediately discontinue any sale of a recalled item upon issuance of the recall. For information about product recalls, see the Products Recalls Australia website at www.recalls.gov.au

9. Purchase Risks
(d)   Please note that there are risks in using any website to make purchases, including but not limited to the risk of physical harm from dealing with strangers, underage persons, or persons acting under false pretenses. You assume all risks arising from dealing with Consumers / Buyers, Retailers, Members or other users in which you come in contact on the Website.

10. Reviews, Comments, and other Content
You may post photos, product descriptions, and other content on the Website regarding your items available for sale, and third parties may also post reviews, comments, and other content on the Website and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." They may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but do not have the obligation) to delete or remove such content. We do not regularly review posted content. We have the right to monitor and remove any activity or content at any time without notice. We take no responsibility and assume no liability for any content posted by any third party.
We grant to you via our licensors a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such third party content throughout the world in any media. We also grant to you the right to use the name that the third party submitted in connection with such content. You have the right to remove content at any time without notice, but may not edit such content for any purpose. You agree to indemnify, defend, and hold harmless FoodMarketplace.com.au and The Soc Exchange, and its officers, directors, employees, independent contractors, representatives and agents for all claims resulting from licensors regarding the editing of the content they supplied.

11. Special Offers and Direct Marketing to Buyers via the Website
The Website may offer features enabling you to provide discount vouchers, special offers, gift certificates or other benefits via the Website. You may impose such terms and conditions of such offers as you consider appropriate, provided that such terms are not inconsistent with these Terms of Use or any legal requirement. We do not take any responsibility in connection with any such benefits offered by you to Consumers / Buyers.
FoodMarketplace.com.au may agree to distribute your advertisements and special offers by e-mail to registered Consumers / Buyers, Members who have specifically agreed to accept such materials from you or your listing. We will not sell or disclose personal information of registered Consumers / Buyers, Members to you for such purposes.

12. External Websites
If you have an external website, you may have the opportunity to create a link on your listing that connects to your external website, provided that the content of the external website is not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You must not create any link or frame to any other page within the Website other than the Website listing. The content of the external website may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but do not have the obligation) to delete or remove any links to websites containing such content. We do not regularly review the posted content to external websites linked to our Website. We have the right to monitor and remove any links to external websites at any time without notice. We take no responsibility and assume no liability for any content posted by any third party on an external website.
You agree that your listing on the Website will not contain any links to other external websites, except as expressly permitted herein. This requirement is necessary to protect the reputation and integrity of FoodMarketplace.com.au

13. Intellectual Property
All trade marks, inventions, designs and copyrightable material, including but not limited to text, images, audio, and video files (collectively "Content"), code, design features, database(s), and compilations (such as collections, arrangements, and assemblies) on the Website are owned or licensed by us unless otherwise indicated. You must not use our trade marks or otherwise represent that we in any way endorse or are associated with your selling activities generally except to the extent (i) they are connected to your listing, (ii) the use is expressly provided for in these Terms of Use, or (iii) we have given our prior written consent to the use.
We may make Content available to you to use in your listing on the Website. Except as otherwise expressly stated herein, you do not have any exclusive right to such content and must not use it elsewhere (including on an external website that is linked to the Website).
All right, title, and interest to original content posted to a listing by you shall remain owned by you. You agree to grant us a non-exclusive, royalty-free, irrevocable, worldwide license to use and display the copyright and other intellectual property rights in the content of your listing in connection with FoodMarketplace.com.au. We will only use such rights as is necessary for the operation of the Website and associated activities. You agree not to post any content to a listing that is owned in whole or in part by any third party; provided that, however, you may post content owned by third parties if the right to use such content on the Website is expressly granted pursuant to a license agreement with the copyright owner of such content. It is your responsibility to ensure that you have entered into such a valid license agreement prior to posting such third party content to your listing. Please consult with an intellectual property attorney if you have questions or concerns about how to properly license third party content.
You must not use any means of automatically searching or mining data from the Website or in any way interfere or attempt to interfere with the proper working of the Website or transactions with businesses advertising through the Website. You agree not to take on any action that imposes an unreasonable burden on our infrastructure or otherwise tamper or interfere with FoodMarketplace.com.au, our system, or data, or that of any third party via the Website.

14. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you believe that your intellectual property has been copied in a way that constitutes intellectual property infringement, please provide us with the following:
(a)    the name of the owner and a signature of the person authorized to act on behalf of the intellectual property interest that is alleged to be infringed;
(b)    a description of the work, product, or other intellectual property that you claim has been infringed;
(c)    a description of where the material is located on the Website;
(d)    your address, telephone number, facsimile number and e-mail address;
(e)    a statement by you affirming your good-faith belief that the disputed use is not authorized by the intellectual property owner or its agent; and
(f)    a statement by you made under prosecution for false statements that you are the intellectual property owner or authorised to act on the intellectual property owner's behalf.
All intellectual property infringement complaints should be directed to us at: info@foodmarketplace.com.aui 

15. Disclaimer and Limitation of Liability
We make no guarantee or representation, either express or implied, as to the accuracy, correctness, value, timeliness, or completeness of any information on the Website. The information is provided "as is" and on an "as available" basis, and we do not represent that it is complete, current or free from errors or omission. You use the Website at your own risk. We do not control the content posted by third parties posted to the Website or to external websites, including the content of any messages, reviews, or websites linked to the Website, and we do not guarantee the accuracy, integrity, quality, or appropriateness of such content, nor can we guarantee that any product, vehicle, or real estate is free of defects. You should verify all information provided. Access to the Website or any third party websites may be interrupted by a variety of factors, including those outside our control. We cannot warrant or represent that access to the Website or any third party websites will be continuous, uninterrupted, virus-free, or secure, nor can we ensure that the Website will be bug-free, error-free, or free of technical problems. We will, however, use reasonable care to maintain uninterrupted, bug-free and error-free service on the Website. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS, OR ADVICE GIVEN BY US, OUR AGENTS, OR OUR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CERTAIN AUSTRALIAN OR STATE LEGISLATION DOES NOT ALLOW FOR AN EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED OR THAT THE WEBSITE WILL OPERATE BUG-FREE, ERROR FREE, OR UNINTERRUPTED.

16. Waiver and Release of Claims; Indemnification
To the extent permitted by law, you expressly agree to waive and release us and our officers, directors, employees, independent contractors, representatives, and agents from any and all claims, damages, losses, costs, or expenses, including but not limited to reasonable attorneys fees, in any way connected with a dispute you may have with any Consumer / Buyer, Member or other third party arising out of the use of the Website. You further agree to indemnify, defend, and hold us and our officers, directors, employees, independent contractors, representatives, and agents harmless against any and all claims, demands, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with (i) a breach of these Terms of Use; (ii) a breach of any terms or conditions entered into by you with any third party through the Website; (iii) any infringement or contributory infringement of intellectual property rights on the Website; (iv) a dispute between you and any Consumer / Buyer, Member or other third party arising out of the use of the Website, including but not limited to any dispute arising from a claim of fraud or negligent misrepresentation against you; or (v) any violation of Australian federal or state anti-discrimination laws and regulations or any other applicable law or regulation.

17. Advertising and Anti-Discrimination
Under the Australian federal and state anti-discrimination laws, it is unlawful to publish or display an advertisement that indicates or could be reasonably understood to indicate an intention to discriminate. We will not knowingly accept any advertising, which is in violation of any anti-discrimination laws in Australia.

18. General
Either party may assign this agreement without prior notice in the event of a merger, acquisition or sale of all or part of our respective businesses. You may not otherwise assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent.
The relationship of the parties is one of independent contractors and nothing in these Terms of Use will imply a relationship of partnership, joint venture or principal and agent.
If any provision in these Terms of Use is found or held to be invalid or unenforceable or capable of termination by a party in any jurisdiction in which this agreement is performed, then the meaning of that provision will be construed, to the extent feasible, to render the provision enforceable. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. No waiver of any breach of these Terms of Use, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege.
We will send any legal notices or communications regarding your account to your designated e-mail address. Please ensure that a valid e-mail address is designated to your account at all times. Your primary point of contact with FoodMarketplace.com.au should be via the "Contact Us" tab on the Website menu. Any formal notices or communications should be sent to our postal address provided at the beginning of these Terms of Use. Notices sent by e-mail or facsimile will be deemed to have been received by you 24 hours after sending, regardless of whether you have actually read the notice or not. Notices sent by mail should be sent by registered mail with pre-paid postage return receipt requested or by a recognized international courier, and will be deemed to have been received five (5) days following the date on which they were sent.

19. You Tube
In order to submit video uploads to the Website, Retailers will be required to become a member of YouTube (www.youtube.com). Retailers will then be required to upload the video on YouTube.
Once the Retyailers have uploaded the video on YouTube, they will then be required to upload the relevant link to their video on the Website.
All sretailers acknowledge and agree that in addition to being subject to these Terms of Use, they will also be subject to the terms and conditions of the YouTube website and content hosted on the YouTube website. All sRetailers must ensure that the content of the video complies with the YouTube Privacy Policy at http://www.youtube.com/t/privacy, the YouTube Terms of Use at http://www.youtube.com/t/terms, the YouTube Community Guidelines at http://www.youtube.com/t/commu... and the YouTube Copyright Infringement Notification at http://www.youtube.com/t/copyr... policies (“the YouTube Policies”). Sellers are responsible for reviewing the YouTube Policies.
Retailers must not do anything, and must ensure that the videos uploaded to the Website do not contain anything, which will, or is reasonably likely to, cause FoodMarketplace.com.au or Buyblitz.com.au to be in breach of the YouTube Policies.
If the Retailers video content is removed from the YouTube website, then it may not be viewable on the Website. FoodMarketplace.com.au Buyblitz.com.au and The Soc Exchange takes no responsibility for any action taken by third party websites such as YouTube.
Only videos owned by Retailers must be uploaded to the Website and FoodMarketplace.com.au Buyblitz.com.au and The Soc Exchange has the right to remove any videos that are suspected to breach the YouTube Policies or these Terms of Use.

20. Fans
Any member, consumer or retailer, can become a Fan of a food retailer’s website. Food retailers can become a fan of their own website if they so choose. When a member becomes a Fan of a food retailer’s website they are not only showing their support of that food retailer with their Fan Count, but by becoming a Fan they are also subscribing to receive ‘Specials email alerts’ and ‘Hot Buy email alerts’ from that retailer whom they have become a fan. Members can UnFan or unsubscribe from a food retailer’s website at any time.
 
21. Dispute Resolution
These Terms of Use are governed by the laws of New South Wales, Australia without regard to conflicts of law principles. The parties agree to submit all disputes arising under these Terms of Use to a certified mediation or arbitration person or entity, except that where appropriate disputes may instead be reported to police or law enforcement agencies.
All claims you bring against FoodMarketplace.com.au must be submitted in accordance with this Paragraph 21. In the event that any submitted claim fails to be resolved, the parties submit to the jurisdiction of the Courts of New South Wales, Australia, or to that of the Federal Court through the Sydney Registry.
 
22. THANKS A MILLION Competition
 
All members of the general public, food retailers included, can participate in the FoodMarketplace THANKS A MILLION Competition. Prize money of $1,000,000 cash will be shared amongst those participants whose eligible entries are selected by our judge(s) to be the winners and the Gold Key Retailers they have nominated in their winning entries. A winner will be selected each month for ten (10) consecutive months commencing 28th April, 2017. Monthly prize money of $100,000 will be split evenly between both parties, the winner and their nominated winning Gold Key Retailer - i.e. each party receiving $50,000 each.
 
Members / users upload an original photo of their nominated food retailer along with a testimonial (review), to the THANKS A MILLION Gallery. Both the photo and the testimonial will be classified as your Entry. The Testimonial must be approx. 25 words or less (a maximum of 160 characters including spaces) and it should describe what the entrant considers to be good/positive about the food retailer they have nominated in their entry photograph.  
 
The photo must be an original photo taken by the participant and not sourced from a publicly available site. The photo must be taken either in store or out the front of the food retailer's place of business. The food retailer's business name must be clearly visible in the photo.
 
For an entry to be eligible to win a monthly $100,000 cash prize, the food retailer that is nominated in the entry must first become a FoodMarketplace Gold Key Retailer by paying a yearly subscription of $1,095.00. The RMC (Retailer Member Code) that is allocated to the food retailer's website after their yearly subscription has been paid must be entered by the participant in the appropriate field, in-order for their entry to be eligible to win a monthly $100,000 cash prize. 
 
Participants can upload their original photo and testimonial before the food retailer nominated in their entry becomes a FoodMarketplace FREE retailer or Gold Key Retailer, but the participant's entry will not be eligible to win a monthly $100,000 cash prize until the food retailer nominated in their entry has subscribed to FoodMarketplace on a one year subscription of $1,095.00, thus becoming a Gold Key Retailer and their RMC (Retailer Member Code) has been entered into the appropriate field by the participant. 
 
Closing date for all entries is: 1pm Thursday 30th March 2017. All entries after this date that are not eligible to win a share of the $1,000,000 cash prize will not be viewed by our judges and will no longer participate in this competition. 
 
Eligible entries ONLY, will be viewed by our judges after 30th March  2017.
 
An announcement will be made as to each months winning entry on the FoodMarketplace.com.au website, on the last business day of each month AEST, commencing 28th April, 2017. The name of the winning entrant and their nominated winning Gold Key Retailer will be published on the FoodMarketplace.com.au website as well as other selected media channels worldwide, as to be determined by the THANKS A MILLION competition organizers. A judge, or panel of judges, will select each months winning entry
 
Criteria that will be considered when selecting the winning entries are:
1 - The originality and creativity of the photo taken. A picture tells a thousand words!
2 - The testimonial that is submitted. Speak from the heart when telling us what you love about the food retailer you have nominated in your entry.
3 - The number of Fans an entry collects.
 
All visitors, members and users can click the: Become a Fan box, which is located next to each entry photo, as a way of showing their support for an entry. All users can share entries and their images via the social media icons next to each image. The Fan Count of each entry may influence, but not determine the winner when the time comes for the judges to select a monthly winner. We believe the more fans an entry has, the greater the benefit for that entry, so feel free to share any entry around and collect as many Fans as possible.
 
All participants by becoming a member of FoodMarketplace acknowledge and accept these Terms Of Use and also by their participation in the THANKS A MILLION Competition and the uploading of their entries, fully acknowledge and accept that any image or photo that is uploaded is the participant's own original photo and is not infringing any copyright laws. All IP and Copyright ownership of all images and testimonials (reviews) upon being submitted as an entry, automatically become the property of FoodMarketplace.com.au. The participant acknowledges that they are fully responsible for any copyright infringement arising from or relating to the image or photo that they upload to the website and the THANKS A MILLION gallery and such participant agrees to hold harmless and indemnify the Company from any damages which it suffers resulting from such infringement. All participants agree not to post any content to a listing that is owned in whole or in part by any third party; provided that, however, you may post content owned by third parties if the right to use such content on the Website is expressly granted pursuant to a license agreement with the copyright owner of such content. It is your responsibility to ensure that you have entered into such a valid license agreement prior to posting such third party content to your listing. Please consult with an intellectual property attorney if you have questions or concerns about how to properly license third party content.
 
The monthly $100,000 Prize money will be split 50/50 between the winning entrant and the Gold Key Retailer  nominated in their winning entry. A Gold Key Retailer is eligible to collect the total cash prize of $100,000 as both the winning entrant and the nominated winning Gold Key Retailer by submitting themselves as an entry. A food retailer must be a current paid Gold Key Retailer in order to collect any cash prize. A participant and their nominated winning Gold Key Retailer can win a cash prize on one occasion only throughout the competition.
 
The monthly $100,000 Cash prize will be divided into two amounts of $50,000 and will be paid to the winner and their nominated winning Gold Key Retailer separately by either cheque or direct bank deposit into their nominated bank account as determined by the THANKS A MILLION Organizers. In the event that seven days passes from the first request for bank account information in-order to facilitate payment and still no details have been provided to the THANKS A MILLION organisers, then the prize money will be forfeited and payment will not be made. The payment of the monthly $100,000 cash prize to the winner and their nominated winning Gold key Retailer will be completed no later than 45 days after the announcement of them as the winners.
 
Part of the criteria for receiving a cash prize will be that the winner and their nominated winning Gold Key Retailer must provide a recent image(s) of themselves upon request by the event organizers. The winner(s) consent to have an image(s) of themselves, their name, nickname, website or business name and images published on the homepage of the FoodMarketplace.com.au website and on other pages within the FoodMartketplace.com.au website as well as in other media publications, whether it be print, television or online worldwide. 
 
All participants can enter as many times as they like, but a participant can only submit an entry of a single food retailer once. Food retailer's can have an unlimited number of entries featuring their business submitted by different participants, meaning the more eligible entries submitted featuring their business, the more opportunities they have to win at least $50,000.  Once a food retailer subscribes to FoodMarketplace.com.au on a yearly subscription of $1,095.00 and becomes a Gold Key Retailer, all entries nominating them are immediately eligible for judging, with an opportunity to win a monthly $100,000 cash prize. All food retailer subscription fees paid to FoodMarketplace.com.au are non-refundable. Once an entry has been uploaded by a participant, it cannot be deleted by that participant. When a person becomes a fan of an entry, they cannot reverse or "undo" their decision.
 
All eligible entries may be entered into a weekly draw, where one entry each week or at a particular point in time, may be selected to receive a 'mystery prize.' The 'mystery prize' may vary in every capacity on each occasion, including its dollar value. The weekly 'mystery prize' will commence and conclude at the discretion of the THANKS A MILLION organisers.
 
All entries will be viewed by a moderator, as appointed by the event organizers before being posted to the THANKS A MILLION gallery. When an entry is approved it will be published to the THANKS A MILLION gallery. The moderator(s) have the right to delete an entry at any time without notice, even if the entry has already been published. All decisions made by the THANKS A MILLION qrganizers will be final and non-negotiable.
 
The THANKS A MILLION competition and the $1,000,000 CASH Prize Money, meaning the ten (10) monthly cash prizes of $100,000 each, is contingent upon a minimum subscription of 5,000 Food Retailers subscribing to FoodMarketplace.com.au on a $1,095.00 yearly subscription, thus becoming Gold Key Retailers, before 30th March, 2017. In the event that 5,000 Food Retailers have not become Gold Key Retailers by subscribing to FoodMarketplace.com.au on a $1,095.00 yearly subscription before 30th March, 2017, the $1,000,000 CASH Prize Money, meaning the ten (10) monthly cash prizes of $100,000 each, may be cancelled at anytime without notice.
 
This platform has been specially designed for the independent food retailer (including franchisees) no matter their size. Corporate retailers / chain stores are not eligible to participate in this promotion. However, the event organizers have the right (but are under no obligation) to determine who or what constitutes a corporate retailer / chain store and their eligibility, in the event that it's deemed necessary. All decisions made by the event organizers will be final and non-negotiable. 
 
Winners are responsible for paying all income and other taxes associated with the prize, if any. Any prize awarded is not transferrable.  The Company reserves the right to change or cancel the promotion at any time. Void where prohibited by law.   
 
All disputes arising from or relating to this contest shall be determined under the laws of the State of New South Wales, each participant submits themselves to the exclusive jurisdiction of New South Wales
 
 

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