TERMS AND CONDITIONS OF SALE

1) Definitions, Interpretation

1.1 Definitions

Additional Charges includes all delivery, handling and storage charges, goods and services tax, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Fodbods arising out of the sale of the Goods.

Fodbods means Fodbod Labs Pty Ltd ABN 85 631 315 378.

Customer means the person, firm or corporation named in the Quotation / Invoice or Order and in the case of an individual, his executors, administrators and assigns, and in the case of a corporation, its successors and assigns.

Goods mean the goods sold to the Customer by Fodbods and includes any related services provided by Fodbods.

Invoice means any invoice given by Fodbods to the Customer in connection with its supply to the Customer of the Goods that are subject to these Terms.

Order means an order to buy the Goods from Fodbods made by the Customer to Fodbods.

PPSA means the Personal Property Securities Act 2009 (Cth).

Purchase Price means:

1. in the case where a Quotation has been issued by Fodbods to the Customer for the supply of the Goods, such amount as Fodbods has specified in the Quotation as being the Purchase Price; and
2. in any other case, the price determined by Fodbods and specified in Fodbods' Invoice in respect of the relevant Goods

Quotation means any quotation given by Fodbods to the Customer for Fodbods to supply to the Customer the Goods and subject to these Terms.

Special Conditions means those terms and conditions of Fodbods (if any) in addition to these Terms set out in the relevant Quotation, or acceptance of any Order, as the case may be.

Terms means these terms and conditions of sale as amended from time to time by Fodbods and notified to the Customer.

Transaction means a payment by the Customer to Fodbods in exchange for Goods.

VAT means the consumption tax that is applied to goods and services that are bought and sold for use or consumption in the EU.

Website means Fodbods' website located at the URL www.fodbods.co.uk

1.2 Interpretation

In the event of any inconsistency between these Terms and any Special Conditions, the Special Conditions will prevail.

2A) Transactions

2A.1 The Customer may be required to make a Transaction through the Website for Goods.

2A.2 All Transactions made through the Website will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.

2A.3 All Goods offered on the Website are subject to the restrictions and disclaimers contained in these Terms in addition to any other Terms and conditions which apply to those Goods.

2A.3 By completing a Transaction the Customer agrees to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date. Once a Transaction is completed on the Website it cannot be cancelled or reversed.

2A.4 The Customer acknowledges and accept that, while Fodbods make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and Fodbods is not responsible for any unauthorised:

1. interception, modification or diversion of a Transaction request; or
2. access or copying of details relating to a Transaction (including personal or financial information).

2A.5 Fodbods reserves the right to modify, suspend or cancel any Transaction for any reason.

2) Quotation & Orders

2.1 Unless previously withdrawn, a Quotation is valid for 14 days from the date the Quotation is provided or such other period as agreed by Fodbods. A Quotation is not to be construed as an obligation by Fodbods to sell but merely an invitation to treat and no contractual relationship shall arise there from until an Order has accepted by Fodbods.

2.2 Fodbods is not bound by any conditions attached to any Order unless such conditions are expressly accepted by Fodbods; otherwise, these Terms and any Special Conditions override and prevail over any conditions contained in the Customer's Order.

2.3 The Customer and Fodbods agree that an Order is binding on Fodbods and Customer immediately upon Fodbods accepting the Order or Fodbods making a supply to the Customer and such Order is subject to these Terms.

2.4 An Order which has been accepted in whole or in part by Fodbods cannot be cancelled by the Customer without obtaining the prior written approval of Fodbods, which it may refuse in its absolute discretion.

2.5 The Customer must place all Orders to Fodbods in writing specifying order number, date of order, Goods required, place of delivery and full name and title of person placing the order.

3) Price & Payment

3.1 The Customer must pay the Purchase Price and the Additional Charges to Fodbods.

3.2 Where Fodbods has not agreed to grant credit to the Customer, all payments must be made by the Customer in advance or on delivery of the Goods. Where Fodbods has agreed to grant credit to the Customer, all payments are due by date specified on the invoice.

3.3 All prices quoted, unless otherwise stated, are inclusive of GST.

3.4 All prices, unless otherwise stated, are quoted in Pounds Sterling (GBP)

3.5 Goods prices do not include delivery fees.

3.6 In the event a Customer is entitled to a refund, the refund will be made to the original credit card. For paypal transactions the refund will be made to the paypal account.

3.7 When providing your credit or debit card details the Customer is warranting it is authorised to use that card and has sufficient available funds to cover the charges for the Goods and their delivery.

3.8 All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.

3.9 If the Customer fails to pay any amounts outstanding to Fodbods in full in accordance with this clause, then without prejudice to any other rights under these Terms or available by law Fodbods may suspend or cancel performance (including the supply/dispatch of the relevant Goods) of any of its contractual obligations to the Customer without prejudice to any of its existing rights.

4) Cancellation & Termination

4.1 The Customer may not cancel an Order or any part of an Order:

1. in respect of any Goods made specially to the Customer's requirements; or
2. that is already prepared and/or with a courier for delivery.

4.2 If the Customer wishes to cancel the whole or any part of an Order the Customer must serve a cancellation request in writing on Fodbods, which it may accept in its absolute discretion.

4.3 If Fodbods agrees to the cancellation request Fodbods will refund any amounts paid by the Customer, less any administration fee and any other costs incurred by Fodbods up to the date that such notice is received by Fodbods. If Fodbods has incurred costs in excess of any amounts paid by the Customer, the Customer must on demand reimburse Fodbods for all such costs.

5) Delivery & Passing of Risk

5.1 The Customer acknowledges that any time quoted to them by Fodbods for delivery of the Goods is an estimate only. Fodbods may suspend delivery or extend delivery time in whole or part for any reason whatsoever.

5.2 Fodbods will not be liable in any way to the Customer (including without limitation for loss of profits or other consequential loss) for any loss arising out of any failure or delay in delivery of the Goods or in connection with damage to the Goods howsoever caused during delivery.

5.3 Fodbods may arrange for delivery of the Goods in instalments and these Terms will apply to the supply of each instalment as if that supply was the subject of a separate contract between Fodbods and the Customer. In particular, the Customer will pay Fodbods for each instalment so supplied, irrespective of the failure or delay in delivery of any other instalment.

6) Title to Goods

6.1 Legal and beneficial title to the Goods will remain with Fodbods until the Purchase Price and any other amounts owing have been paid in full to fodbods. Until such time and notwithstanding the delivery of the Goods to the Customer.

7) Return Policy

7.1 This clause applies where Fodbods, at its sole and absolute discretion, accepts the return of Goods from the Customer.

7.2 The Customer undertakes to examine the Goods immediately after delivery.

7.3 Any dissatisfaction with any Goods and all return and refund requests must be made by the Customer to Fodbods within seven (7) days of delivery of the order to the Customer. Complaints, return and refund requests can be made to hello@fodbods.com. Fodbods reserves the right to request photos of the original Goods.

7.4 Any returns or refunds must be authorised by Fodbods before any Goods can be returned.

7.5 Fodbods will not be obliged to accept Products returned by the Customer or granting a credit for such Products, unless:

1. the returned Goods are accompanied by Fodbods' original invoice or the original invoice number; and
2. the Goods are returned in original packaging and condition in which they were delivered or collected.

7.6 The return of Goods will be assessed and reviewed on a case by case basis.

7.7 Any discount or allowance (however determined) allowed by Fodbods to the Customer in respect of the Goods will be credited against the price of the Goods and will represent a reduction of that price. Should any refund be payable, such refund will be paid within 30 days.

7.8 Notwithstanding any right of the Customer to return the Goods, to the extent permitted by law, Fodbods will not accept the return of the Goods in the following circumstances:

1. where the Goods have been incorrectly ordered by the Customer;
2. any Goods that cannot be returned for health and/or safety reasons;
3. if the Goods have been damaged or a defective as a result of the Customer's negligence in dealing with the Goods, or mishandling or misuse of the Goods;
4. where the Customer has purchased the Goods from wholesaler, broker or other unauthorised supplier;
5. where the Customer has purchased the Goods from a trustee, administrator, receiver or liquidator sale or auction.

7.9 The Customer is responsible for all shipping, postage, delivery, and / or freight costs when returning any Goods to Fodbods.

9) Acknowledgments

9.1 The Customer acknowledges and agrees that:

1. the Goods are of a size, quality, nutrition, description, manufacture, and material suitable to the Customer;
2. the Customer is fully satisfied that the Goods are suitable for all the Customer's purposes;
3. the Customer in ordering the Goods has relied entirely on its own judgment and not on any statements, written or oral, made by Fodbods, its employees or agents;
4. all promises, warranties, and conditions express or implied by law or otherwise with respect to the Goods are hereby expressly negated and extinguished to the extent permitted by law; and
5. Fodbods will not be liable to the Customer for any liability, claim, loss, damage or expense of any kind (direct or indirect) suffered by the Customer or any third party in connection with the Goods or any inadequacy or deficiency in the Goods.

9.2 Where the Customer on-sells the Goods the Customer must not:

1. misrepresent to anyone the specifications, performance or purpose of the Goods; or
2. make or give any warranties, guarantees or representations in relation to the Goods whatsoever without Fodbods' prior written consent.

10) Limitation of Liability

10.1 The liability of Fodbods is limited, to the extent permissible by law and at the sole option of Fodbods:

1. in relation to Goods, to;
   1. replacing the Goods or the supply of equivalent goods;
   2. the repair of the Goods;
   3. the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
   4. the payment of the cost of having the Goods repaired; and
2. in relation to services, to:
3. the supply of the services again; and
4. the payment of the cost of having the services supplied again.

11) Entire Agreement

12.1 These Terms apply (unless otherwise previously agreed in writing) to the supply of Goods by Fodbods to a Customer from time to time. Any supply of Goods by Fodbods to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by Fodbods and any such supply does not give rise to a new or separate agreement.

12.2 The Customer and Fodbods acknowledge and agree that these Terms supersede any prior agreement, arrangement or understanding between the Customer and Fodbods. No local, general or trade custom will affect in any way the Terms.

12.3 No waiver or variation of these Terms will be binding on the Customer or Fodbods unless signed by both the Customer and Fodbods.

13) General

13.1 In respect of any matter or thing which must be done by the Customer within a stipulated time frame, time shall be of the essence, consequently, the Customers failure to comply with such time frame shall constitute a breach by the Customer of an essential term of these Terms.

13.2 If any provision of these Terms is held to be illegal, unenforceable or void then to the extent of such illegality, unenforceability or invalidity that provision will be considered independently of and severable from the other provisions.

13.3 A certificate by an employee of Fodbods as to any act or omission of the Customer shall be accepted by the Customer in all courts and at all times to be prima facie evidence of the matters stated therein.

13.4 These Terms shall be construed and interpreted in accordance with the laws of Victoria and the Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of that state.

13.5 All notices given under these Terms must be in writing. A notice given by Fodbods to the last known place of business of the Customer will be deemed received on delivery or the business day in Victoria following posting, whichever is the earlier.

13.6 Fodbods shall not be liable for any failure of or delay in the performance of these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or industrial disputes, embargoes, government orders or any other force majeure event.

PRIVACY POLICY

1. Overview
   This privacy policy (Privacy Policy) sets out how Fodbod Labs Pty Ltd ABN 85 631 315 378 ('Us', 'We' or 'Our') collects, stores, uses, protects and shares your personal information.
   
   When you engage Us to provide you with any goods or services, communicate with us or use any of Our other services including Our website you agree to the collection, storage, usage and disclosure of your personal information by Us in the manner described in this Privacy Policy.
   
   Unless We obtain your written consent, We will not sell, disclose, licence or rent your personal information to a third party for that third party's marketing purposes.
   
   We reserve the right to amend this Privacy Policy at any time by posting the amended terms on Our website. If We make material changes to this Privacy Policy, We will notify you by means of a notice on Our website and/or other means so that you can access and review the changes.
   
   
2. Definitions
   "Personal Information" means information that can be associated with a specific person and can be used to identify that person and includes your information. Information that has been made anonymous or aggregated so that it cannot be used, whether in combination with other information or otherwise, to identify a specific user is not personal information.
   
   
3. Collection
   We collect personal information in a number of ways, including:
   
   1. when you provide information directly to us in person, by phone or in writing (whether electronic, via our communication tools or otherwise);
   2. when you visit and/or use Our website, in which case, We record information sent to us by your computer, mobile device or other access device; and
   3. from third parties such as Our related entities, service providers to Us, operators of linked websites, applications and advertising on Our website.
      
      
   What we collect
   
   We collect the following types of personal information in order to provide you with access to and use of Our website and for the purposes provided for in this Privacy Policy:
   
   1. your name, user ID's and passwords, phone number, mobile telephone number, email address, physical address and other contact information;
   2. financial information such as credit card or bank account numbers;
   3. records and content of communications with us or any other person including when using any website communication tools;
   4. personal information based on your activities on Our website;
   5. personal information you provide to us through any correspondence, or shared by you from other social media applications, services or other websites;
   6. to the extent permitted by law, other personal information provided by or obtained from third parties;
   7. additional personal information We ask you to provide to verify your identity or when We suspect that you are in breach of Our Terms of Sale, this Privacy Policy or other Website policies (including your personal ID and your answers to any questions We pose to you); and
   8. personal information from your interaction with Our website and its content, such as your website usage information and IP address.
      
      
4. How personal information is used
   Our primary purpose in collecting, using and storing your personal information is for Our general business operations, in order to:
   
   1. effectively provide you with our goods and services requested;
   2. communicate with you;
   3. respond to your enquiries or complaints;
   4. supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications based on your preferences, and measure and improve Our marketing and promotions to you;
   5. operate, generate content and provide customer support and billing services (including updates and improvements);
   6. meet Our legal and regulatory obligations, and to detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach Our Terms of Sale, this Privacy Policy or other policies; and/or
   7. enforce Our Terms of Sale, this Privacy Policy or other policies.
   
   Marketing and Opting out
   
   We may use your personal information for:
   
   1. promoting and marketing of Our current and future goods and services; and
   2. informing you of upcoming events and special promotions and offers.
      
      
   You may withdraw your consent to us collecting, storing, using and disclosing your personal information for marketing purposes in accordance with this Privacy Policy. You may opt out of receiving Our marketing, advertising and promotional notices, offers and communications by communicating this to Us in writing at the email address below or by clicking unsubscribe links published in Our electronic marketing and promotional material.
   
   Disclosure to third parties
   
   Notwithstanding the above, you agree that We may disclose your personal information to:
   
   1. enforce Our Terms of Sale, this Privacy Policy and Our other policies;
   2. comply with any applicable laws, request by a governmental agency or regulatory authority or legally binding court order;
   3. respond to or resolve claims that a member has violated the rights of others;
   4. protect a person's rights, property or safety;
   5. Our directors, staff, contractors, professional advisers and related entities;
   6. outsourced service providers who assist Us to provide Our goods and services such as information technology providers, shipping/delivery providers, Our financial institutions or e-commerce payment providers (including banks and PayPal to collect and receive payment) and marketing advisers (including in relation to fee collection, fraud investigations and website operations);
   7. third parties to whom you expressly ask us to send, or consent to us sending, your personal information; or
   8. such entities that We propose to merge with or be acquired by and in such case, We will require that the new entity following the merger or acquisition adhere to this Privacy Policy.
      
      
5. Use of website and Cookies
   As with most websites, when you visit or use Our website, We may record anonymous information such as your IP address, time, date, URL, pages accessed and documents downloaded.
   
   We (or a third party providing services to Us) may use cookies, pixel tags, "flash cookies", or other local storage provided by your browser or associated applications (each a Cookie and together Cookies). A Cookie is a small file that stays on your computer or device until, depending on whether it is a sessional or persistent cookie, you turn your computer or device off or it expires (typically between 7 and 30 days depending on user settings).
   
   Cookies may be used to provide you with Our range of services including identifying you on Our website, remember your preferences, customise and measure the effectiveness of Our website and Our promotions, advertising and marketing, analyse your usage of Our website, and for security purposes.
   
   Cookies may collect and store your personal information. This Privacy Policy applies to personal information collected via Cookies. You may adjust your internet browser to disable Cookies. If Cookies are disabled, We may not be able to provide you with the full range of Our services.
   
   You also may encounter Cookies used by third parties and placed on certain pages of Our website that We do not control and have not authorised (such as web pages created by another user). We are not responsible or liable for the use of such Cookies.
   
   Our website may also include links to third party websites (including links created by users or members) and applications and advertising delivered to Our website by third parties (Linked Sites). Organisations that operate Linked Sites may collect personal information including through the use of Cookies. We are not responsible or liable for Linked Sites and recommends that you read the privacy policies of such Linked Sites before disclosing your personal information.
   
   
6. Accessing and amending your personal information
   We acknowledge that you have a general right to access the information We hold about you. However, We may not be required to provide you with access to your personal information to the extent that (amongst other things):
   1. We reasonably believe that access would pose a serious impact to the life, health or safety of any individual, or to public health or public safety; and
   2. giving access would have an unreasonable impact on the privacy of other individuals; or
   3. the information relates to existing or anticipated legal proceedings between the entity and the individual, and would not be accessible by the process of discovery in those proceedings; or
   4. giving access would be unlawful.
      
      
   You are able to request access to your personal information by contacting Our Privacy Manager (details below). You may be required to pay an administrative charge for associated matters, such as copying charges, but not for making the request itself. Before giving you access to your personal information, We may require you to prove your identity by providing some form of identification.We may require up to 30 days from notice to comply with your request to access your personal information.
   
   If We refuse your request to access the information We hold about you, We will provide you with Our reason/s for doing so.
   
   If you have access to an online account with Us, you may login to your account and access your personal information.
   
   
7. Accuracy of personal information
   We rely on you to provide us with accurate and up to date information about you. If there are any changes to your personal information during the course of dealing with Us, you are responsible for advising Us.
   
   We will take reasonable steps to ensure your personal information is kept up-to-date, accurate, complete and not misleading. If you believe the personal information We hold about you is incorrect or inaccurate, you can request that We update this information by contact Our Privacy Manager (details below).
   
   We will correct information We hold about you if We discover, or you are able to show to a reasonable standard, that the information is incorrect or inaccurate. If you seek a correction and We disagree that the information is incorrect, We will provide you with Our reasons for taking that view within 30 days from your request.
   
   
8. Storage and security
   We will take reasonable steps to protect the security of your personal information from misuse, interference or loss by restricting access to the information from unauthorised access or disclosure.
   
   We hold personal information electronically and in hard copy paper format. For information that is stored electronically, We take reasonable security measures to ensure that personal information is protected by firewalls, secure logon processes and encryption technologies. Hard copy information is securely stored in an appropriate and secure filing system.
   
   
9. Overseas Disclosure
   Any personal information provided to Us may be transferred to, stored by or disclosed to an overseas recipient. For example, We may use a server hosted overseas to store data, which may include your personal information, or engage an organisation located overseas to assist Us in Our general business operations.
   
   Before your information is disclosed to an overseas recipient We will take steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach privacy laws in relation to your personal information ("reasonable steps").
   
   However, the reasonable steps may not apply, if We reasonably believe (when disclosing your personal information to the overseas recipient) that:
   
   1. the recipient of the information is subject to a law, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and
   2. there are mechanisms that an individual can access to take action to enforce the protection of their privacy.
      
      
10. Unsolicited information
    We will take reasonable steps to determine whether or not information We receive may be unsolicited information. If We believe that information is unsolicited information, We will destroy the information as soon as practicable or ensure that it is de-identified.
    
    
11. Anonymity
    Only where it is practicable to do so, We may allow you the option not to identify yourself when dealing with Us. However not identifying yourself to Us may make it difficult to effectively provide you with Our goods or services.
    
    
12. Sensitive Information
    We do not collect sensitive information unless it is specifically relevant and necessary for the purpose of Our general business operations and your express consent is first obtained.
    
    
13. Government Identifiers
    We will not use government identifiers such as your tax file number or Medicare number to identify you.
    
    
14. Complaints
    If you have reasons to believe that We have not managed your personal information in accordance with Our Privacy Policy, or complied with Our privacy obligations, please refer any concerns or complainants to Our Privacy Manager (details below).
    
    We will ensure your concerns or complaints are handled by Our Privacy Manager in an appropriate and reasonable manner.
    
    
15. Contact Us
    If you have a question regarding this Privacy Policy or you would like to make a complaint, please contact the Privacy Manager at:
    Email: vanessa@fodbods.com
    Postal Address: Level 3, 345 Arden Street, Kensington VIC 3031
    Contact: Privacy Manager