Terms & Conditions
1. About
1.1. Welcome to www.gourmetlocal.com.au (the Platform). Gourmet Local is a curated
marketplace platform operated by Dragonimex Pty Ltd (ACN 622 784 927) which
connects smaller independent producers and boutique sellers (the Producers) to meet
people looking to buy quality products (the Consumers). The Consumers can be
assured that the products offered on the Platform by the Producers (the Products)
are ethically sourced and produced and are nurturing local community and contributing
less harm to the planet (the Services).

2. Acceptance of these Terms
2.1. You accept these terms and conditions (the Terms), on behalf of yourself and any
related business, by buying the Products, using the Services, making payment to the
Company, or browsing the Platform. If you do not agree with the Terms, you must cease
use of the Platform and the Services immediately.
2.2. You acknowledge and agree that the Terms are the agreement between you and
Gourmet Local. If you are accessing and/or using the Platform on behalf of a corporation
or other entity, you warrant that you have been authorised to enter into and agree to
these Terms on the corporation’s or entity’s behalf.
2.3. You may not use the Platform and the Services, and may not accept the Terms if:
(a) you do not have authority; or
(b) you are not of legal age to form a binding contract with Gourmet Local;
2.3. Gourmet Local reserves its right to review and change the Terms by updating this page
at its sole discretion. If and when Gourmet Local updates the Terms, it will use
reasonable endeavours to provide you with notice of the same. Any changes to the
Terms take immediate effect from the date of their publication.

3. Services
3.1. As a Consumer, the Platform provides you with the option to:
(a) view and browse Products offered by the Producers; and
(b) purchase the Products by paying the Purchase Price as indicated on the Platform.
3.1. The payment of the Purchase Price shall be made through the Platform’s third-party
payment provider as specified on the Platform (the Payment Gateway).
3.2. You warrant that prior to using the Payment Gateway services, you have read and
agree to be bound by the applicable third-party terms and conditions, privacy policy
and other relevant legal documentation required by the Payment Gateway.

3.3. You acknowledge and agree that it may be necessary for Gourmet Local to provide your business or personal information to the Payment Gateway.

3.4. By using the Services and the Platform you acknowledge and agree that:

(a) Gourmet Local does not provide any guarantees whatsoever with respect to the
Service or the information provided through the Platform;
(b) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are
exclusive of GST;
(c) Gourmet Local may receive a commission from or pay a commission to third
parties in relation to provision of the Services to you; and
(d) it is your responsibility to satisfy yourself that you are complying with all the
applicable laws and regulatory provisions in relation to the Platform or Services;

4. Using the Platform as a Consumer
4.2. You acknowledge and agree that:
(a) all the prices for the Products shown on the Platform are subject to change;
(b) the Purchase Price is in AUD, and excludes all the applicable taxes, unless
otherwise specified;
(c) Gourmet Local will send the confirmation email with the Product’s or Services’
details upon receiving the Purchase Price from you and a confirmation of
acceptance from the Producer;
(d) until confirmed by an email, the Products are not confirmed or sold;
(e) there may be delays in the confirmation or delivery of the Products due to
reasons outside the control of Gourmet Local;
(f) communication with the staff at Gourmet Local and the Producer respectfully
and professionally;
(g) Gourmet Local is not responsible for any errors in the listings of the Products or
for any communication between you and the Producer;
(h) Gourmet Local is not responsible for the delivery of the Products; and
(i) Gourmet Local reserves its right to remove or disable your access to the
Platform for any reason, including but not limited to, if Gourmet Local believes
that you have caused any abusive, threatening, sexist or racist comments or
actions made towards the Producer.

5. Commission
You agree and acknowledge that by accessing and using the Platform as a Producer,
you will pay Gourmet Local a percentage of commission for using the Services (the
Commission). The Commission will be deducted by Gourmet Local from the payment
of the Purchase Price. The Commission will be agreed to by Gourmet Local and the
Producer at the time that the Producer lists the Product on the Platform. Gourmet
Local reserves the right to amend the Commission at any time and will make reasonable
efforts to inform the Producer of the amended Commission. Gourmet Local also
reserves the right to retain hold of the Commission amount due, in the event that the
Producer is required to refund the Consumer in accordance with these Terms,
including by reason of non-delivery to the Consumer.

6. Using the Platform as a Producer
6.1. As the Producer, the Platform provides you with an option to post Product listings to
describe the Products to Guests (the Listings).
6.2. To post a Listing on the Platform for the Products, Producers must:
(a) provide an accurate description of the Product;
(b) provide at least one image of the Product of a professional quality; and
(c) provide a sample to Gourmet Local for testing, if requested.

6.3. You acknowledge and agree that:
(a) once the Purchase Price has been paid by the Consumer, you must immediately
and within a reasonable time period dispatch that Product to Consumer, without
any additional delivery charges;
(b) the Listings will be of a professional standard and will not violate any relevant laws;
(c) correct information and description about the Product will be provided and if you
become aware of any incorrect information, then same will be corrected as soon
as possible.
(d) the Listing should not infringe any intellectual property rights or other rights
under the law;
(e) any text, photos and information uploaded or posted onto the Platform in relation
to the Listing is accurate and correct to the best of your knowledge;
(f) Gourmet Local will accept any payment of the Purchase Price on your behalf and
may retain the Commission for the Services, as agreed between you and Gourmet
Local;

(g) Gourmet Local will make payment of the Purchase Price paid by the Consumer
for the Product to you after deducting the Commission, after thirty (30) days of
receipt by Gourmet Local;
(h) you are responsible for removing the Listing if it breaches any relevant laws or
upon Gourmet Local’s request;
(i) you are responsible for ensuring the Listing posted conforms with these Terms,
and that the listing is the sole legal responsibility of the Producer; and
(j) Gourmet Local reserves its right to remove the Listing posted onto the Platform
by you at Gourmet Local’s sole discretion without notice and for any reason,
including, but not limited to, if Gourmet Local finds that the listing for the Product
is misleading or false, offensive, violates these Terms, is discriminatory or violates
the intellectual property right of a third party.

6.4. You agree not to post any unauthorised offerings, which are not related to the
Products, including jobs, real-estate, event tickets, gift vouchers, prescription
medication or illegal substances, and cigarettes.

7. Non-Payment
7.1. You agree that Gourmet Local reserves its right to suspend your access to the Services
in the event that you fail to pay any payment pursuant to the Services or any invoice
issued by Gourmet Local.
8. Cancellation of Orders
8.1. You acknowledge and agree that there may be delays in the delivery of the Products by
the Producer and Gourmet Local reserves its right to cancel any confirmed order due
to any enforceable circumstances, including but not limited to, unavailability of Product
or supply problem. Gourmet Local will notify you of any delays or cancellations at the
earliest. You have right to cancel any delayed order any time prior to the Producer
dispatching the Product to you.
8.2. Cancellation requests should be sent to help@gourmetlocal.com.au. Whether or not
this request will be accepted will depend on the status of your order. Once an order has
been dispatched, it may not be cancelled and can only be returned to us according to
the process outlined in clause 10 of these Terms.
8.3. Please note that the processing time for refunds may vary according to your financial
institution’s processing procedures and policies.

9. Delivery of Products
9.1. You acknowledge and agree that Gourmet Local is only providing the Services and is
not responsible for the delivery of the Products. The Products are supplied and
delivered to you by the Producers.

9.2. The delivery times specified in the Listings are estimates and there may be delays in
the dispatch and delivery of the Products.
9.3. In the event of a delay in terms of the delivery of products ordered, Gourmet Local
will liaise with the Producer within a reasonable time upon notification by the
Consumer. The Producer will be provided a further 2 working days from the postal
service to ensure delivery of the Products, or otherwise the Producer will be required
to re-supply the Consumer the relevant Products to the Consumer at their own cost.
10. Returns
10.1. You agree and acknowledge that all the information about the Products is available on
the Platform and for this reason, we will not be obliged to provide a refund for returns
based on change of mind, unless otherwise required by law, including Australian
Consumer Law.

10.2. The Products are made and handled with love and care. However, if a wrong or faulty
product has been delivered which does not meet the description provided or is not fit
for its purpose or consumption, the Consumer may request for the return of the
product by contacting us at help@gourmetlocal.com.au and we will refer your request
to the Producer.

10.3. Returned products must be adequately packaged to ensure they are not damaged in
delivery including providing an outer packaging for protection. Incorrect items must be
in as new, unused condition suitable for resale.

10.4. The Consumer warrants to let us know promptly of any incorrect or missing Product
delivered. If a Product is found to be damaged upon delivery, then you should refuse to
take receipt of the Product and notify us immediately. If the damage is discovered after
delivery, you must notify us at help@gourmetlocal.com.au within a reasonable period
and include photographs of the item and packaging.
10.5. The requests for exchange, return or refund of the Products must be sent to Gourmet
Local first and such requests will be forwarded to the Producer by Gourmet Local. Any
costs associated with honouring the exchange, return or refund of the Products in
accordance with these Terms will be at the costs of the Producer.
10.6. The Producer warrants that the requests for exchange, return or refund will be
addressed to immediately within 72 hours of the receipt of the request from Gourmet
Local.

11. Refund Policy
11.1. Any refunds required by the Consumer pertaining to a Product will be made by the
Producer. Gourmet Local does not provide any refunds for unused, faulty, defective or
incorrect Products, including in the event of non-delivery of Products to the Consumer.

11.2. The Producer warrants that the full Purchase Price will be refunded to the Consumer
if the Producer is responsible for the wrong and/or faulty Product delivered, and the
Product cannot be exchanged. The Producer will be responsible for the costs
associated with the return of the Products by the Consumer and the delivery of the
exchanged Product, if applicable.

12. Gift Vouchers

12.1. The Consumer can redeem Gift Voucher at checkout and the related amount in
Australian Dollars will be deducted from the Purchase Price for the Product.

12.2. The balance of a Gift Voucher must be spent in one transaction. Any remaining balance
on the Gift Voucher after the one transaction will be claimed by Gourmet Local.

12.3. Gift Vouchers are only valid for 3 years’ from the date of purchase and cannot be
returned or exchanged for cash.

12.4. For all Products purchased using Gift Voucher and returned, the refund of the amount
equivalent to the amount of the Gift Voucher will be made as a store credit which can
be used to make any purchase from the Platform. The store credits will only be valid
for 12 months.

12.5. No discounts will be applicable when the payment towards the Purchase Price is made
using a Gift Voucher.

13. Promotional Codes

13.1. At the checkout, only one Promotional Code can be entered at any one time.
Promotional Codes cannot be used in-conjunction with any other offer, including on sale
items or other discounted items.

13.2. Promotional Codes must be used at the time of checkout and cannot be applied after
the purchase.

13.3. Gourmet Local reserves the right to cancel the use of Promotional Codes or to cancel
the entire order without refund, in accordance with clause 13.4, where the Promotional
Codes are under in the following circumstances:
(a) suspicious or fraudulent codes use;
(b) use that breaches any of these terms and conditions;

(c) code abuse, including codes redeemed using multiple accounts, names, email
addresses or checkouts associated with the same customer or group of
customers; and/ or
(d) codes used in bad faith (including shared codes, resold vouchers, or use of codes
on orders made and intended for resale).

13.4. In the event of any Promotional Code misuse, outlined in clause 13.3, we reserve the
right to cancel an order without refund as fair payment for the damage and costs
caused to our business. Part of the funds will instead be donated to a worthy charity of
our choosing.

13.5. Additional terms and conditions may be specified in relation to specific promotional
codes (for example, duration, discount amount and products covered), and will govern
the use and redemption of those vouchers in addition to these terms.

13.6. In the event of the return of any product purchased using a promotional code, the order
no longer qualifies for the promotion advertised, and thus Gourmet Local will deduct
the value of the offer from the refund.

14. Intellectual Property Rights

14.1. All the content on the Platform, including images, designs, layout elements, logos,
artistic works, photographs, literary works and all other copyright materials are owned
or licensed by us. Nothing in these Terms constitutes a transfer or license of any
intellectual property rights.

14.2. We authorise your use of these materials for the purpose of viewing and using our
Platform, or in ways permitted under applicable laws such as the Australian Copyright
Act 1968 (Cth) and these Terms. However, use of the materials for any other purpose,
(including copying, reproducing, adapting, uploading to a third-party, issuing or
communicating to the public, linking to, distributing or transmitting in any form by any
process) without our written consent is prohibited.
14.3. Our trade marks, registered or unregistered, are displayed on our Platform. Please do
not reproduce our trade marks without our permission, as doing so may amount to
infringement of our rights.
14.4. You acknowledge and agree that Gourmet Local exclusively and unconditionally owns
the Moral Rights in all the Derivative Materials, Materials and documents relating to the
Platform or Services. You acknowledge and agree that to the extent that you have
Moral Rights in any of the Content, Derivative Materials, Materials and documents
relating to the Terms, you provide a Moral Rights Consent to Gourmet Local.

14.5. Our third-party partners may be granted a limited licence to display our trade mark
and/or copyright materials to promote the sale of Products, at our complete discretion.
Please contact us if you are interested in reproducing anything displayed on our
Platform.
14.6. You may not, without the prior written permission of Gourmet Local and the permission
of any other relevant rights owners: broadcast, republish, upload to a third party,
transmit, post, distribute, show or play in public, adapt or change in any way the
Content or third-party content for any purpose.
14.7. Subject to these Terms, you hereby grant to Gourmet Local and its affiliates for no
consideration, a limited, non-exclusive and non-transferable license to use your Marks,
on a royalty-free basis, for the sole purpose of performing the promotional activities as
set forth in media or promotional guidelines (if any). All goodwill related to the use of
any Marks shall inure to the benefit of the owner of such Marks. Each Mark licensor
reserves the right to revoke the licensee’s permission to use the licensor’s Marks
should the use be noncompliant with the media or promotional guidelines, or negatively
impacts, or disparages the Mark.
14.8. You may not, without the prior written permission of Gourmet Local and the permission
of any other relevant rights owners: broadcast, republish, upload to a third party,
transmit, post, distribute, show or play in public, adapt or change in any way the
Content or third-party content for any purpose

15. General Disclaimers

15.1. You acknowledge and agree that Gourmet Local is just providing the services of
connecting the Producers with the Consumers and does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding the
Platform, Services, or any item in the Listings other than provided for pursuant to
these Terms.
15.2. Gourmet Local will make every effort to ensure an item in the Listing by a Producer
is accurately depicted on the Platform, however, you acknowledge that the details in
the Listings may differ from what is displayed on the Platform.
15.3. Gourmet Local do not warrant or represent that the items in the Listing on the
Platform are free from error or omission or that they have been accurately described.
15.4. Gourmet Local does not provide any guarantees as to the quality of any item in the
Listings on the Platform.
15.5. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
15.6. You acknowledge and agree that:

(a) the use of the Platform, the Services, and any of the Products is at your own risk.
Everything on the Platform, the Services, and the Products, are provided to you
on an "as is" and "as available" basis, without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors, third
party content providers or licensors of Gourmet Local make any express or
implied representation or warranty about its Content or any Product or Services
referred to on the Platform;
(b) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Terms are excluded; and
(c) Gourmet Local will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting from our
failure to meet an applicable Consumer Guarantee), loss of profit or opportunity,
or damage to goodwill arising out of or in connection with the Services or these
Terms (including as a result of not being able to use the Services or the late supply
of the Services), whether at common law, under contract, tort (including
negligence), in equity, pursuant to statute or otherwise.

16. Limitation of Liability
16.1. Gourmet Local’s total liability arising out of, or in connection with, the Services or these
Terms will not exceed the most recent Purchase Price paid by you under these Terms,
or where you have not paid the Purchase price, then the total liability of Gourmet
Local’s is the resupply of the Services to you.
16.2. You expressly understand and agree that Gourmet Local shall not be liable to you for
any direct, indirect, incidental, special consequential or exemplary damages which may
be incurred by you and however caused.
16.3. Gourmet Local is not responsible, or liable for, including loss of profit, in any manner
for:
(a) any site content (including the Content and Third-Party Content) posted on the
Platform or in connection with the Services, whether posted or caused by users
of the Platform of Gourmet Local or by third parties; or
(b) any failure or delay due to matters reasonably beyond our control.
16.4. Gourmet Local shall not be responsible for:
(a) the behaviors and actions of the users of the Platform, including any offensive,
inappropriate, obscene or unlawful actions that you may encounter while using
the Platform or the Services; or
(b) arranging the delivery or provision of the Products.

17. Termination of the Terms
17.1. Gourmet Local may at any time, terminate the Terms with you if:

(a) breach any provision of the Terms or intend to breach any provision;
(b) Gourmet Local is required to do so by law;
(c) any third-party partner has terminated its relationship with Gourmet Local or
ceased to offer any Product; or
(d) the provision of the Services to you longer commercially viable.
17.2. Your access to the Platform or the Service may be terminated at any time, without any
notice, if you have breached the Terms or any applicable laws, or your use of the
Platform or the Services violates the rights of another party.

18. Indemnity

18.1. You agree to indemnify Gourmet Local, third party content providers and licensors
from and against all actions, suits, liabilities, expenses, damages, losses, demands
incurred or arising of in connection with your use of the Platform and the Services.
18.2. This indemnity will survive the termination of the Terms.

19. Mailing List
19.1. By using the Platform and the Services you consent to us using the contact information
provided by you, for the purpose of our direct marketing communications to let you
know about our promotions, offers, blog updates and discounts.
19.2. If you no longer wish to be contacted by us, simply elect to opt-out in response to the
communication or request to be removed via email at help@gourmetlocal.com.au.

20. Security and Viruses
20.1. Gourmet Local takes steps to ensure that the Platform and data transmissions are
free of viruses. However, as we can’t offer a guarantee, we encourage you to be just as
vigilant.
20.2. From time to time, Gourmet Local may include a link to third party sites on the
Platform. You agree that Gourmet Local is not responsible for these sites and your
access to them is at your own risk.
20.3. Third party links are provided solely for your convenience and do not indicate, expressly
or impliedly, any endorsement by Gourmet Local of the websites or the products or
services offered on the website.

21. Venue and Jurisdiction

The Services are offered and intended for residents of Australia. In any event of a
dispute arising in relation to the Platform, Services, or the Terms, the exclusive venue
for the resolution of any dispute shall be in the courts of New South Wales, Australia.

22. Governing Law
The Terms are governed by the laws of the State of New South Wales, Australia. You
agree to submit to the non-exclusive jurisdiction of the courts of New South Wales,
Australia. The validity of this clause shall not be contested. The Terms shall be binding
to the benefit of the parties hereto and their successors and assigns

23. Privacy

You acknowledge and agree that Gourmet Local may store the personal information
provided to us by you via our Platform, for the purpose of processing your order
(including disclosure to third parties), for our internal record keeping purposes and our
direct marketing purposes as described in clause 19 of the Terms above.

24. Independent Legal Advice

You confirm and declare that the provisions of the Terms are fair, and you have taken
the opportunity to obtain independent legal advice regarding the Terms.

25. Entire Agreement
These Terms constitute the entire agreement between the parties and supersedes all
previous agreements, arrangements, undertakings between the parties.

26. Severance
Any provision of this Agreement which is prohibited or unenforceable will be ineffective
to the extent of the prohibition or unenforceability. That will not invalidate the
remaining provisions of these Terms.

Our Gourmet Local community acknowledges the Traditional Custodians of the land on which we meet and work. We wish to pay respect to Elders - past, present, and emerging - and acknowledge the important and vital role all Aboriginal and Torres Strait Islander people continue to play within Australia and the Gourmet Local community.

Gourmet Local is a supportive community and understand that by and large members of the
Gourmet Local community seek to do the right thing by one another. In the event of an error,
mistake or miscommunication between members within the Gourmet Local community, we
ask that you have patience while steps are taken to address same, and that you act with
courtesy towards one another in accordance with the Gourmet Local ethos.
Producers of the Gourmet Local community work tirelessly to bring you the best quality
products - rudeness towards the Producers of Gourmet Local will not be tolerated.