terms and conditions
These Terms are between you and Foraj and govern your use of the Foraj Website.
These Terms are also incorporated into and form part of any Contract between you and Foraj for the supply of Goods.
Your use of the Foraj Website constitutes your acceptance of these Terms and
indicates your willingness to be bound by these Terms.
1. Definitions
In these Terms unless the contrary intention appears:
1.1 ‘Australian Consumer Law’ means the Australian Consumer Law contained in
Schedule 2 to the Competition and Consumer Act 2010 (Cth);
1.2 ‘Business Day’ means any day but not a Saturday, Sunday or a public holiday
pursuant to the Holidays Act 1910 (SA);
1.3 ‘Contract’ means the contract referred to in clause 3.2 , being the contract
formed between you and Foraj for the supply of Goods;
1.4 ‘Foraj’, ‘we’, ‘us’, or ‘our’ means Foraj Pty Limited ACN 666 102 763 as trustee
for the Foraj Trust;
1.5 ‘Foraj Website’ means the website at https://foraj.com.au/ where you may
browse, select and order Goods from us;
1.6 ‘Goods’ means the goods that are available for purchase from the Foraj
Website from time to time which are to be supplied by us in accordance with the
Contract;
1.7 ‘Privacy Policy’ means Foraj’s privacy policy referred to in clause 16.4 of
these Terms; and
1.8 ‘Terms’ means these terms and conditions.
2. Interpretation
In these Terms unless the contrary intention appears:
2.1 the singular includes the plural and vice versa;
2.2 a reference to a person includes any corporation, partnership, joint venture,
trust, association, government, or public authority and vice versa;
2.3 a reference to any party to this or any other document includes the party’s
successors and permitted assigns;
2.4 a reference to any legislation or legislative provision includes any statutory
modification, substitution or re-enactment and any subordinate legislation
issued under that legislation or provision;
2.5 mentioning anything after include, includes or including does not limit what
else might be included; and
2.6 a reference to a person that comprises two or more persons means those
persons jointly and severally.
3. Contract
3.1 A completed and submitted order for Goods from the Foraj Website by you
constitutes an offer to purchase from us the Goods referred to in your order.
The specifications, timing, price, delivery details and other details of the Goods
will be detailed in the order.
3.2 An order will be deemed to be accepted by us only when:
3.2.1 you have made payment in full to us for the value of the order in
accordance with clause 5 ; and
3.2.2 we notify you in writing that we have accepted the order,
and at that time, a ‘Contract’ will have been formed between you and us,
subject to these Terms.
3.3 We may ask you to provide additional details or require you to confirm your
details to enable us to process your order. If you do not provide us with the
additional details, we may not be able to process your order. Any personal
information that you give us will be held and used by us in accordance with our
Privacy Policy. Once formed, the Contract and these Terms will constitute the
entire agreement between you and us. All prior negotiations, agreements,
arrangements, representations, understandings and correspondence are
superseded by the Contract and these Terms.
3.4 We reserve the right to decline an offer to purchase any Goods from us for any
reason, including the lack of availability of Goods.
3.5 To the extent that there is any inconsistency between the Contract and these
Terms, these Terms will prevail unless agreed otherwise in writing.
4. Prices, Fees and Charges
4.1 Prices
4.1.1 The prices of Goods and delivery and other charges displayed on the
Foraj Website are current at the time of issue.
4.1.2 We reserve the right, in our absolute discretion, to suspend any
promotions, update product information, change prices and adjust
delivery costs and fees at any time without notifying you.
4.1.3 Unless otherwise specified, all prices shown on the Foraj Website are
in Australian Dollars (AUD).
4.2 Fees and Charges
4.2.1 We will charge you, and you agree to pay, the following fees and
charges in relation to an order that we accept (as applicable):
(a) the purchase price of any Goods that you order;
(b) the delivery fee for delivering the Goods to you; and
(c) any other fees and charges set out in these Terms, on the
Foraj Website, or in the order.
4.2.2 Unless stated otherwise, all fees and charges identified in these
Terms and all prices for Goods as shown on the Foraj Website are
inclusive of GST.
5. Payment
5.1 Payment
You must pay for Goods at the time of online checkout in accordance with one
of the payment methods set out in clause 5.2 prior to your order being
confirmed.
5.2 Payment Methods
You can pay for your Goods by:
5.2.1 credit card;
5.2.2 PayPal; or
5.2.3 any other method of payment specified on the Foraj Website from
time to time.
5.3 Acceptance of Payment
By paying for your Goods in accordance with this clause 5 , you warrant and
represent that:
5.3.1 all information you provide is true and correct;
5.3.2 you are authorised to use your chosen payment method; and
5.3.3 you are not a dealer, reseller or distributor in any way and will not sell
or resell any of the Goods you purchase or otherwise receive from us.
6. Delivery
6.1 Delivery Terms and Fees
6.1.1 You will, unless we expressly state otherwise, bear the cost of delivery
of the Goods.
6.1.2 Any delivery costs and fees are payable in addition to the purchase
price of the Goods.
6.2 Delivery Date
6.2.1 Depending on your location within Australia, the delivery date will
usually be within 7 to 10 Business Days from the time that we process
your order.
6.2.2 Notwithstanding anything in clause 6.2.1 and except to the extent
required by law, we will not be liable for:
(a) any failure to deliver, or delay in delivery of, Goods for any
reason;
(b) any damage or loss due to unloading or packaging of Goods;
and
(c) any damage to property caused upon entering premises to
deliver the Goods.
6.2.3 We cannot guarantee or provide a day of the week or time of day that
the Goods will be delivered.
6.2.4 We accept no responsibility for any delivery of Goods made to an
incorrect or incomplete address that you have provided. If you
provide an incorrect or incomplete address and Goods are delivered
to that address, you will be responsible for the purchase of those
Goods.
6.3 Acceptance of Goods
6.3.1 You will inspect all the Goods upon delivery.
6.3.2 If any Goods are damaged, wrongly supplied or not in accordance
with the Contract, you may reject or return those Goods in accordance
with clause 7 .
6.3.3 You will be deemed to have accepted the Goods supplied in the
following events:
(a) you fail to reject or return the Goods in accordance with
clause 7 ; or
(b) you use the Goods in any way.
6.3.4 Unless clause 6.3.2 applies, you will indemnify us against any losses,
costs or expenses incurred by us due to any failure by you to accept
the Goods within the applicable time specified in clause 7.2 .
6.3.5 Except as required by law, and subject to clause 7 , we will be under
no obligation to accept Goods returned for any reason (including if you
are not satisfied with the Goods).
7. Rejection of Goods
7.1 You may reject any Goods only in accordance with this clause 7 or in
accordance with the Australian Consumer Law.
7.2 If any Goods are damaged, wrongly supplied or not in accordance with the
Contract, you must notify us:
7.2.1 by providing full particulars of the claim in writing within 5 Business
Days of the receipt of those Goods; or
7.2.2 where the claim relates to non-delivery of Goods, by providing full
particulars of the claim in writing within 20 Business Days of the
agreed date of delivery of the Goods.
7.3 All Goods returned or rejected are subject to assessment by us.
7.4 To the extent permitted by the Australian Consumer Law or any other law, we
may, in our sole discretion, refuse to accept the return or rejection of the Goods,
or dispute or reject any claim made under this clause 7 .
7.5 Unless you and we otherwise agree in writing, you will bear the costs of
returning any Goods.
7.6 Subject to your rights under the Australian Consumer Law, the following Goods
cannot be returned or rejected by you under any circumstances:
7.6.1 those that were specially made, sourced, ordered or purchased for
you;
7.6.2 those that were used, installed, damaged or altered in any way by
you;
7.6.3 those that were sold to you at wholesale or discounted prices, or as
second grade or quality; or
7.6.4 those that we no longer hold in stock or have been discontinued.
8. Title and Risk
The legal and equitable title to the Goods passes to you upon delivery of the Goods at
your nominated delivery address. We accept no responsibility for damage caused to
Goods after delivery.
9. No Health Advice
You acknowledge and agree that:
9.1 we do not offer or provide any kind of health, skincare, wellbeing or medical
advice or opinion and the information or materials published on the Foraj
Website should not be interpreted as any form of health, skincare, wellbeing or
medical advice or opinion;
9.2 the Goods may not be appropriate for all persons and are not a substitute for
professional healthcare and skincare services;
9.3 we make no representations or warranties about the health and skincare
outcomes of using any Goods;
9.4 any content provided or accessed through the Foraj Website is for informational
purposes only;
9.5 you should consult a qualified and licensed medical professional prior to using
any of the Goods;
9.6 we expressly prohibit you from using the Goods against any medical advice or if
doing so might pose any health risk to you; and
9.7 your use of the Goods and, or the Foraj Website does not constitute or create a
healthcare professional relationship between you and us.
10. Limitation of Liability
10.1 Subject to clause 10.3 , we do not accept responsibility for any loss or damage
which you may directly or indirectly suffer in connection with your use of,
attempted use of, or inability to use the Goods or Foraj Website.
10.2 Subject to clause 10.3 , we do not accept any responsibility for any such loss
arising out of your use of, or reliance on, information and materials contained on
or accessed through the Foraj Website.
10.3 To the extent permitted by law, our liability for any breach of these Terms or any
Contract, and any condition or warranty implied by the provisions of the
Australian Consumer Law, is limited to and will be completely discharged by
any one of the following as determined by us in our absolute discretion (unless
the Australian Consumer Law requires us to allow you to determine in your
discretion):
10.3.1 the replacement of the Goods with identical Goods;
10.3.2 the repair of the Goods; or
10.3.3 a refund of the cost of the Goods.
10.4 To the maximum extent permitted by law, we are not liable to you (and any
party claiming through you) for:
10.4.1 any claim made under, or in connection with, a contract, in tort, under
statute, in equity or otherwise in respect of:
(a) defects whatsoever in the Goods or defects whatsoever in the
information and materials published on the Foraj Website;
(b) viruses, malicious computer code or other forms of
interference arising from or in connection with use of the Foraj
Website; or
(c) the loss, damage or injury to persons or property arising from
or caused from such defects in the Goods, defects in the
information and material, viruses, malicious computer code or
other forms of interference; or
10.4.2 any indirect, special or consequential loss or damage of any nature
whatsoever resulting from or caused in any way by the Goods or
information and materials published on the Foraj Website, or by
viruses, malicious computer code or other forms of interference arising
from or in connection with use of the Foraj Website or the Goods
where such loss or damage includes:
(a) any loss of income, profit or business; or
(b) any loss of goodwill or reputation.
11. Indemnity
You will indemnify us and keep us indemnified and hold us harmless from and against
all liabilities, losses, damages, costs or expenses incurred or suffered by us, and from
and against all actions, proceedings, claims or demands made against us, arising from
one or more of the following:
11.1 your failure to comply with any laws, rules, standards, regulations or instructions
applicable in relation to the Goods or the information or materials on the Foraj
Website, or the use of the Goods or the information or materials on the Foraj
Website;
11.2 any negligence or breach of duty by you in relation to the Goods or the
information or materials on the Foraj Website, or the use of the Goods or the
information or materials on the Foraj Website; and
11.3 your direct or indirect breach of these Terms.
12. Acknowledgements
You acknowledge and agree that:
12.1 we cannot and do not warrant that the Foraj Website is free from any errors,
viruses or defects;
12.2 except to the extent required by law, we are not responsible for the accuracy of
any information published on the Foraj Website and make no representations
as to the accuracy, reliability, timeliness or completeness of any information
published, including without limitation the description, availability or
effectiveness of any Goods;
12.3 we will not be liable for any loss or damage suffered as a result of any errors,
viruses or other defects on the Foraj Website;
12.4 we make no representation or warranty that the Foraj Website will be available
at all times, that access will be uninterrupted, that there will be no delays,
failures, errors or omissions or loss of transmitted information, that no viruses or
other contaminating or destructive properties will be transmitted, or that no
damage will occur to your electronic device or computer system from the use of
the Foraj Website;
12.5 you must take your own precautions to ensure that the process which you
employ for accessing the Foraj Website does not expose you to the risk of
viruses, malicious computer code or other forms of interference which may
damage your electronic device or computer system;
12.6 while we strive to protect all information and materials that you may make
available on the Foraj Website, we do not warrant, and cannot ensure, the
security of any information and materials which you may transmit; and
12.7 any information and materials transmitted by you is done so at your own risk.
13. Third Party Content
13.1 The Foraj Website may display hyperlinks to other websites or mobile
applications, information, materials, content, advertisements and promotions
that are owned or operated by third parties (‘together, Third Party Content’).
13.2 We do not control, endorse or adopt any Third Party Content.
13.3 We make no representations or warranties of any kind regarding such Third
Party Content, including, without limitation, regarding its accuracy, quality,
suitability or completeness.
13.4 You acknowledge and agree that:
13.4.1 your interactions with third parties providing Third Party Content are
solely between you and such third parties; and
13.4.2 we are not responsible or liable in any way for any of your interactions
with third parties or Third Party Content.
14. User Generated Content
14.1 You may be permitted to upload content (including photos, reviews, and other
information) on the Foraj Website (‘together, User Generated Content’).
14.2 You acknowledge and agree that:
14.2.1 your User Generated Content may be accessed, viewed, stored, or
reproduced by third parties and any other users of the Foraj Website;
and
14.2.2 you will not post or submit any User Generated Content that:
(a) is outside to the subject matter for which the Foraj Website is
intended;
(b) is unlawful, threatening, pornographic, or inappropriate in any
way (including any content that constitutes, or encourages
conduct that would constitute, a criminal or civil offense);
(c) infringes the copyright, trade mark or other intellectual
property rights of Foraj or any other person;
(d) is false or misleading;
(e) contains any virus or other malicious computer code; or
(f) is defamatory or infringes the privacy of any third party.
14.3 We do not endorse or have any control over User Generated Content uploaded
to the Foraj Website by you or any other person, and accept no liability
whatsoever in connection with any User Generated Content uploaded to the
Foraj Website by you or any other person.
14.4 To the extent permitted by the Australian Consumer Law and any other law, we
make no warranties regarding the suitability, accuracy or reliability of any
content (including User Generated Content) of any kind whatsoever, accessible
on or through the Foraj Website.
14.5 Despite anything contained in this clause 14 , we may at any time without notice
to you and in our absolute discretion:
14.5.1 prevent you from uploading any User Generated Content; and/or
14.5.2 remove, modify, or restrict any User Generated Content.
15. Intellectual Property
15.1 You acknowledge that all the text, images, trade marks, logos, compilations,
data, other content, software and materials displayed on the Foraj Website or
used by us to operate the Foraj Website is proprietary to us or to third parties.
We expressly reserve all rights, including all intellectual property rights, in all the
foregoing, except only as expressly permitted by these Terms.
15.2 Nothing you do in relation to the Foraj Website will transfer any intellectual
property rights to you, or licence you any intellectual property rights, in and to
the Foraj Website.
15.3 All rights (including copyright and moral rights) in the content, layout and
compilation of the Foraj Website and online pages, images, text, graphics,
logos, buttons, videos, audio and software (including all object source and
machine-readable code) are owned or controlled for these purposes, and are
reserved, by us.
15.4 The use or republication of any text, images, marks, logos, compilations, data,
other content, software and materials displayed on the Foraj Website on any
other website or in a networked computer environment for any purpose is
expressly prohibited without our prior written consent.
16. Privacy
16.1 For the purposes stated in the Privacy Policy, we collect personal information
from you when you access the Foraj Website and order Goods from us.
16.2 By completing and submitting an order through the Foraj Website, you consent
to us collecting your personal information (including your name, contact details
and delivery address) and providing it to third parties (including our suppliers
and delivery partners) for the purposes of fulfilling and delivering your order,
and for any other purposes provided in the Privacy Policy.
16.3 You have the right to access and correct any personal information that we hold.
Please refer to the Privacy Policy for further information.
16.4 The Privacy Policy can be accessed via the following link
https://foraj.com.au/pages/privacy-policy.
17. General
17.1 These Terms are governed by the laws of South Australia and the
Commonwealth of Australia. The parties submit to the jurisdiction of the Courts
of South Australia and the Commonwealth of Australia. Any proceeding brought
in the Federal Court of Australia must be instituted in its South Australian
District Registry.
17.2 All rights under these Terms are in addition to and do not abrogate, limit or
reduce any other rights that we may have.
17.3 Any provision of these Terms that is invalid, unenforceable or illegal must be
read down to the extent necessary to avoid that effect. If that is not possible,
that provision must be excluded from these Terms but only to the extent
necessary to avoid that effect. All other provisions of the Terms continue to be
valid and enforceable.
17.4 A right or obligation under these Terms cannot be waived except by written
notice by the party waiving that right or obligation and specifying the waiver.
17.5 The Contract and these Terms record the entire agreement between the parties
as to its subject matter. Any prior negotiations, agreements, arrangements,
representations and understandings related to the subject matter of the
Contract and these Terms are superseded by the Contract and these Terms.
17.6 These Terms are subject to change at any time without prior notice to you and
your continuing use of the Foraj Website constitutes your acceptance of any
change to these Terms.