We provide a platform where: customers looking to purchase produce (Buyers) can purchase produce from grocery store owners (Sellers); where produce suppliers (Suppliers) can supply to Sellers; and where delivery drivers can deliver produce from Sellers to Buyers (Drivers). The Platform is available as a mobile application, and users may visit our website, available at www.shopitezy.com.au in order to enquire with us about making an account on the Platform. The Platform is arranged by region, and if possible, we do not have more than one Seller available for each region.
In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Buyer, Seller, Supplier or Driver; or (2) the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
You accept these Terms by ticking a box to confirm your acceptance.
You must be at least 16 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.
We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
You must register on the Platform and create an account (Account) to access the Platform’s features.
You may only have 1 Account as either a Seller, Buyer, Supplier or Driver on the Platform.
You must provide basic information when registering for an Account including your name, business name (if applicable), email address and your physical address (whether your delivery address or the address of your business), and you must choose a password.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete. In particular, Buyers must make sure that their delivery address is up to date as this will affect the Seller (and their products) which are visible to you when browsing products.
Your Account is personal and you must not transfer it to others, except with our written permission.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are a Seller or Supplier, we will review your request for an Account before approving the request. We may request additional information, including business documentation and a link to your website. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history or quality of the produce and/or services.
We provide the Platform to users (including hosting, maintaining and enhancing the Platform, and providing different portals through which each type of user can access the Platform), assist users to form contracts for the supply of produce, process payments between Suppliers, Buyers and Sellers, and provide promotional opportunities for Sellers and Suppliers (together the ShopitEzy Services). You understand and agree that we only make available the Platform and the ShopitEzy Services. We are not party to any agreement entered into between a Buyer and a Seller or a Supplier and a Seller and we have no control over the conduct of any users of the Platform.
The Platform works in the following way:
A Seller wanting to sell produce creates an Account on the Platform and posts an accurate and complete description of the produce they can provide including their price for the produce (Listing). Sellers must keep this pricing information accurate and current. If at any time the produce a Seller offers changes, or pricing details or any other relevant information changes, Sellers warrant that they will update us as soon as practicably possible.
A Buyer wanting to buy produce will enter their postcode on the Platform, browse their local Listings and select the produce they wish to purchase, and create an Account on the Platform to order their selected produce (Order Request). The Buyer will need to select their preferred delivery date and time, as well as delivery instructions, and Order Requests received on the Platform by 4pm local time on that particular day, can be delivered within 24 hours.
The Platform may list maximum Order Request sizes, both in terms of the number and weight of items.
As a Seller, you may accept or reject Order Requests. An accepted Order Request is an Order, and by accepting, you confirm that you are legally entitled to and capable of supplying the produce selected in the Order Request.
Suppliers (who can offer additional produce, such as meat) may also be notified by the Platform that they need to deliver produce to Sellers, so that this produce can then be included in the Buyer’s Order.
Sellers are responsible for packing the produce selected in an Order, and if packing any produce which is freshly prepared food, or which is perishable, Sellers must provide the produce to the Driver with adequate wrapping and packaging.
Sellers must use the Platform to indicate to a nearby Driver that the produce is ready to be delivered. Drivers can accept requests by Sellers to pick up the produce from the Seller and deliver the produce to the address the Buyer has specified. If any items in the Order are not available, Sellers are responsible for contacting Buyers and arranging appropriate replacements.
As a Driver, you must arrange for your own insurance (and you must provide us with any evidence of insurance we reasonable request) and equipment (such as motorcycles or bicycles). While carrying out the delivery, you may not open or otherwise tamper with any produce, including by opening any packaging.
As a Buyer, you must be at the delivery address you nominate to accept delivery of any Order you request through the Platform. If you are not at the address you nominate, to accept delivery of any Order, the Driver will attempt to contact you, and if the Driver is unable to contact you after multiple attempts, the Driver may leave the Order at the address you nominated. Title in the produce in an Order will not pass to a Buyer until delivery is made. Risk of loss, damage or deterioration to any produce will pass to a Customer once the Order is delivered to the address nominated by a Customer. At the time of delivery, Buyers can decide to return Orders to Sellers. In this instance, Buyers must notify Drivers that they would like their Order returned, and Drivers must take Orders back to Sellers.
All users must use the Platform to provide updates on the status of the Order so that the other users can see where the Order is up to. Users are encouraged to resolve any issues with Orders externally to the Platform but Users can use the Platform to notify us of any undelivered or incorrect Orders and we may assist to resolve the issue, in accordance with the Refunds and Cancellation Policy below.
We may provide promotional opportunities to Sellers and Suppliers, such as a feature in our email marketing or placement on our home page (Promotional Opportunity). If we have offered to provide a Promotional Opportunity to you, you must comply with our reasonable instructions that we provide to you regarding how to maximise the impact of the Promotional Opportunity. We do not make any representations, warranties or guarantees that any Promotional Opportunity will be fit for any particular purpose, will achieve any specified result, or will provide any benefit.
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as email.
Users can communicate privately using our private messaging service or offline using the listed contact details once an Order has been made. Users must not use the contact details to organise the provision of the goods and/or services off the Platform.
It is free to register an Account on the Platform, for Buyers to create Listings, or for other users to review content on the Platform, including Listings.
As a Buyer, you agree to pay the relevant fees set out in the Listing, which include the Seller’s fee and delivery fees (Listing Fees) at the time you make an Order Request.
As a Supplier, we will pay you the wholesale price for the produce you supply to Sellers via the Platform.
We may from time to time issue promotional discount codes for Buyers to use when ordering products on the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your Order Request. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.
As a Seller, you agree to pay the service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable.
Upon receipt of the Listing Fees from the Buyer, we will hold the Listing Fees on behalf of the Seller (and Supplier, if applicable) until such time as they are paid to the Seller (and the Supplier), refunded to the Buyer (if the Buyer is entitled to a refund in accordance with these Terms) or paid to us as our Service Fee. Upon confirmed delivery of an Order, we will pay the Listing Fees on behalf of the Buyer to the Seller (and the Supplier) after deduction of our Service Fee.
If you are a Seller, you appoint us as your limited payment collection agent solely for the purpose of accepting the Listing Fees from the relevant Buyer. You agree that we will not be required to pay you any amount until we have received the Listing Fees from the relevant Buyer, that we will deduct our Service Fee from any Listing Fees we receive and that we may grant refunds to Buyers in accordance with these Terms.
We pay Drivers externally to the Platform.
We provide a number of payment methods on the Platform, including our third party payment processor. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
Refunds and Cancellation Policy
The cancellation or refund of any produce ordered on this Platform is a matter between the relevant user, subject to the following clauses.
If a Buyer and Seller mutually agree to cancel or return (if already delivered) an Order and we are satisfied that the Listing Fees should be returned to the Buyer, we will return the Listing Fees to the Buyer, provided that the Listing Fees have not yet been paid to the Seller and Supplier.
For disputes between users, we encourage users to attempt to resolve disputes (including claims for returns or refunds) with the other user directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the users may choose to resolve the dispute in any manner agreed between the users or otherwise in accordance with applicable laws.
Buyers, Sellers, Suppliers and Drivers may review their experience with each of the other users on the Platform, including the goods and/or services (each a Review).
Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You can write a Review about another user if you have had an experience with that user, which means that (1) you have engaged the user through the Platform; or (2) you can otherwise document your interaction with the user in relation to the Platform, including via correspondence (collectively referred to as an Experience).
You may not write a review about a Seller or Supplier which is a business you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that business, or work for the business. Similarly, you may not write a Review about a direct competitor to the business you own, are employed by or work for.
Your Experience must have occurred in the 12 months prior to you writing a Review.
You may only write about your own Experience. You are not permitted to write a Review about somebody else’s Experience, such as that of a family member or friend.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Seller or Supplier to write a Review, you should include information about this in your Review. Incentives include the Seller or Supplier offering you a gift, reward, discount or advantage for writing a Review about the Seller or Supplier on the Platform.
We may allow you to (1) post, upload, publish, send or receive relevant content and information, (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (ShopitEzy Content and together with User Content, Content).
Unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
You represent, warrant and agree that:
you will not use our Platform, including the Content, in any way that competes with our business;
there are no legal restrictions preventing you from entering into these Terms;
all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
as a Customer, you will not use the Platform to order any products that are prohibited in any state or territory;
as a Customer, you will not order any alcoholic beverages where you are under the legal drinking age in your state or territory, or request that any other user of the Platform order alcohol on your behalf;
as a Driver, you will not use any offensive language and/or behaviour towards any other user during the delivery services;
as a Seller, Supplier or Driver, you will not offer any goods or services that you do not intend to honour or cannot provide;
you will not use our Platform to send unsolicited messages;
where you are a Seller or Supplier, you are responsible for complying with all laws, rules and regulations which apply to providing the produce in your Listings (for Sellers) or that you have agreed to provide to a Seller (for Suppliers); and
where you are a Driver, you are appropriately qualified, and have any required skills, knowledge or training, to provide the delivery services.
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Sellers, Suppliers, Buyers, Drivers, or Listings including (without limitation) that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free and free from viruses;
our Platform will be secure;
products will be requested by Buyers or that Buyers will find products in Listings desirables;
any products offered by Sellers or Suppliers are of a particular standard or quality or meet the Listing description.
You read, use, and act on our Platform and the Content at your own risk.
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
As a Buyer, the goods and services provided to you via the Platform may also confer on you certain rights under the ACL.
Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
your or your personnel’s acts or omissions;
any use or application of the ShopitEzy Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
any aspect of the interaction between users including the produce offered by Seller and Suppliers, the description of the goods and/or services requested or offered, any advice provided or supply and delivery of goods by the Seller, Supplier and/or Driver;
any works, services, goods, materials or items which do not form part of the ShopitEzy Services (as expressed in these Terms), or which have not been provided by us;
any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
the ShopitEzy Services being unavailable, or any delay in us providing the ShopitEzy Services to you, for whatever reason; and/or
any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
we will not be liable for Consequential Loss;
our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omissions (or any of your personnel); and
our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the ShopitEzy Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the ShopitEzy Services to which the Liability relates, or where there are no Service Fees paid, $10.
This clause will survive the termination or expiry of these Terms.
Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) on the Platform or by sending us an email to the address at the end of these Terms.
as a Seller, Supplier or Driver, the products and/or services you offer at any time fail to meet any applicable quality of eligibility criteria;
we have received any complaints about you;
you repeatedly receive poor reviews;
there is any reason outside our control which has the effect of compromising our ability to provide the ShopitEzy Services; or
These Terms will terminate immediately upon written notice by you, if we:
are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
are unable to pay our debts as they fall due.
we will remove your access to the Platform;
we will immediately cease providing the ShopitEzy Services; and
we will cancel any existing Orders, and in the case of a Seller or Supplier breach, refund the relevant Buyer and in the case of a Buyer breach, we will not refund any amounts paid.
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination or expiry of these Terms.
Seller and Supplier insurance
As a Seller or Supplier, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the goods and/or services you choose to provide to Buyers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Buyer and us, or a Seller and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
Duniyamero Pty Ltd t/a ShopitEzy ABN 48 634 641 035
Last update: 28 April 2020
© LegalVision ILP Pty Ltd