1. General

Thank you for accessing the Fresh Supply Co Website (the Website). The Website is owned and operated by Fresh Supply Co Pty Ltd (A.B.N. 676 253 123 98) (Fresh Supply Co).

Your use of the Website is governed by these Terms of Use. By accessing and using the Website you agree to by bound by these Terms of Use.

Fresh Supply Co may change part or all of these Terms of Use at any time. The most current Terms of Use will always be posted on the Website. Your subsequent or continued use of the Website will constitute your acceptance of any changes made to these Terms of Use. If you object to these Terms of Use, or to any changes made to them, you should cease use of the Website.

These terms were last updated on 29 October 2020.

2. Website use

You may only use the Website or any Content for non-commercial purposes.

The information contained on the Website is for general information purposes only.

The Website and the information, links, documents or related graphics contained on the Website (together, the Content) are provided ‘as is’. Any reliance you place on the Content is strictly at your own risk. You need to make your own enquiries to determine whether the Content is appropriate for your intended use.

While Fresh Supply Co makes every reasonable effort to ensure that the Website is available and fully operational at all times, your access to the Website may be suspended without notice in the case of system failure, maintenance or any reason beyond Fresh Supply Co’s control. 

Fresh Supply Co may change or discontinue, either temporarily or permanently, the:

  1. Website, or any Content, feature or service on the Website; or
  2. the path or location of a link,
  3. at any time without notice. Fresh Supply Co disclaims any liability in connection with these, or similar, changes, discontinuances or interruptions of the Website, or any part of the Website. 

Fresh Supply Co reserves the right to terminate your access to the Website and prevent further access without warning or notice in response to breaches of these Terms of Use by yourself, breaches of any applicable laws, or suspicious activity.

When using the Website you agree not to:

  1. provide any false, misleading or deceptive information;
  2. use the Website in a way that violates, or that may violate, any law or regulation;
  3. use the Website in a way that may cause Fresh Supply Co to be in violation of any law or regulation;
  4. use the Website in a way that reflects unfavourably on Fresh Supply Co or any other third party;
  5. collect information about other users of the Website for any purpose other than as expressly authorised by us;
  6. take any action that, in Fresh Supply Co’s opinion, imposes an unreasonable burden on the Website’s infrastructure; 
  7. distribute a computer virus or any similar program or code that may disrupt or disable the Website;
  8. use a device, any software or process, or other automated means to retrieve, scrape, copy or index the Website or any Content for any purpose; or
  9. retrieve, scrape, copy or index the Website or any Content for the purpose of creating a database of real estate information. 

3. Intellectual property

The Website and all intellectual property in the content on the Website, including (without limitation) any text, graphics, photographs, logos or trademarks is owned by, or licensed to, Fresh Supply Co, unless indicated otherwise.

Except where necessary for viewing the content on the Website, where permitted by law, or where you have obtained Fresh Supply Co’s express written permission, you may not reproduce, recompile, decompile, disassemble, reverse engineer, create derivative works from, perform, modify, adapt, publish, store, use, transmit electronically or otherwise, distribute, or in any other way exploit, by any means in whole or in part the Website, or the Content on the Website for purposes other than your own personal, non-commercial use.

4. Limitation of Liability

Your use of the Website is undertaken at your own risk.

To the maximum extent permitted by law, Fresh Supply Co disclaims all representations, guarantees or warranties, express or implied, including, but not limited to: 

  1. the completeness, accuracy, reliability, suitability or availability with respect to the Website or the Content;
  2. that the Website and the Content will be free of errors, or that defects will be corrected;
  3. that your access to the Website will be uninterrupted, secure or error free;
  4. that the Website is free of viruses or any other harmful components; and 
  5. the quality, accuracy, or fitness for purpose of any linked websites, or third party material. 

To the maximum extent permitted by law, Fresh Supply Co and its directors, employees and agents, are not liable to you for any loss or damage of any kind (including consequential loss) howsoever caused, whether in contract, tort including negligence, statute or otherwise arising in connection with the Website or the Contents.

Nothing in these Terms of Use is intended to exclude, restrict or modify rights which you may have under any law (including in Australia, the Australian Consumer Law) which may not be excluded, restricted or modified by agreement. If these Terms of Use are governed by the Australian Consumer Law, our liability to you for failure to comply with a consumer guarantee in respect of any services is limited to the re-supply of the services or payment for such re-supply.

5. Indemnity

You indemnify Fresh Supply Co in respect of any liability incurred by Fresh Supply Co for any losses, liabilities or damages, expenses, including without limitation, reasonable legal and accounting fees, howsoever caused, which is suffered by Fresh Supply Co as a result of your breach of these Terms of Use or your use of the Website.

6. Other websites and third parties

The Website may contain links to third party websites, advertisements or information on those websites.

Fresh Supply Co has no control over the nature, content and availability of third party websites. The inclusion of any links to other websites does not necessarily imply a sponsorship, endorsement, or approval of those websites or the views expressed within them.

Fresh Supply Co takes no responsibility for the content on those websites. Any use of third party websites and information is at your own risk.

7. Entire agreement

These Terms of Use represent the entire agreement between you and Fresh Supply Co concerning your use and access to the Website and your use and access to the Content on it. No other term is to be included in these Terms of Use except where it is required to be included by any legislation of the Commonwealth of Australia or any State or Territory of Australia. All implied terms except those implied by statute and which cannot be expressly excluded are expressly excluded.

8. Invalidity and enforceability

If any provision of these Terms of Use is invalid under the law of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.

9. Privacy

All personal information Fresh Supply Co collects from you will be handled in accordance with the Privacy Act 1988 (Cth) and the Corporate Privacy Policy (HYPERLINK)

For more information on how Fresh Supply Co handles your personal information when you scan Fresh Supply Co QR Codes, refer to Privacy Manifesto (HYPERLINK)

10. Applicable law

Fresh Supply Co reserves the right at any time and from time to time to modify, discontinue either temporarily or permanently the Website Scanner, or any part thereof, for any reason. Fresh Supply Co disclaims any liability as a result of any discontinuance or interruption of the Website Scanner, or any part thereof

11. How to contact us

You can contact Fresh Supply Co via:

Contact: Privacy Officer

Address: Level 6, 200 Adelaide Street, Brisbane QLD 4000

Email: info@freshsupplyco.com