This document and those references directly within this document are considered the Terms of Use (or “Terms” for short) in relation to use of the Frugl Market platform and through the Frugl Market the Frugl Grocery platforms.
These terms are considered a legally binding contract between you, your representatives and Frugl Group as the parent organisation that provides the Frugl Market and Frugl Grocery services.
This contract defines your rights and responsibilities when you use of the Frugl Market and it’s connected services. By using any of our Services (even just browsing) you are agreeing to these Terms. If you do not agree with the Terms, you may not use our Services. Usage of our Services will equate to acceptance of the associated Terms
Other Relevant Documents #
As an evolving platform that offers services to many audiences the way in which you interact with the Frugl Market and it’s connected services may change depending on your role and organisation.
The Terms in this document apply to all Users, Organisations, Businesses, and their Representatives who use these services. Agreeing to the Terms of services through the usage of these Services you also agree to our Privacy Policy and Anti-Discrimination Policy.
For Retail Sellers – If you are an individual, businesses or representative of a business who lists items for sale through our Frugl platforms used by consumers including the Frugl Grocery the Frugl Market Retail Seller Policy will apply to you. Additionally, if you elect to use any related Advertising or Promotion services the additional policy will also apply.
For Product Sellers – If you are an individual, business or representative of a business who lists items for sale through our Frugl platforms used by retailers including the Frugl Market the Frugl Market Product Seller Policy will apply to you.
For Advertisers – If you are an individual, business or representative of a business who promotes and advertises products for sale through our Frugl Platforms to consumers including through Frugl Grocery the Frugl Market Advertising Policy will apply to you.
3rd Parties – These policies apply to intellectual property owners, Frugl Market API users, affiliates and any parties requesting information from Frugl Group in relation to the platforms covered by this Terms of Service
Search and Advertising Ranking Disclosures – This is a summary of how Frugl provides search results including how it applies where advertising
All of these policies are part of these Terms of Service and subject to the same agreement upon use of Frugl Group provided Products and Services so ensure you have read the ones that are relevant to you.
Buyer and Seller Privacy #
Personal Information and trust is important online with both our buyers and sellers as such our Privacy Policy outlines how information is collected, used and shared when you or your customers use our services. By using our services, you are agreeing that we can process your information as per it is set out in the Privacy Policy.
As both Frugl Group and Retail Sellers process personal information (including details such as but not limited to buyer names, delivery addresses, etc) are considered separate and independent data controllers. As such each individual party is responsible for the personal information it uses and processes as part of services provided. This means should a retail seller disclose user information to another party it is the retail seller and not Frugl Group who was responsible for the disclosure breach.
Further to this as joint data controller of personal buyer information, should Frugl Group be sued, fined, or otherwise incur expenses because of your actions you agree to indemnify Frugl Group for the expenses it occurs in connection with your processing of buyer personal information.
Account Conditions #
To create an account within Frugl Market you will need to agree that you comply with the following conditions. If you are unable to comply with the following conditions this will be grounds for account termination:
- You agree that you are of the age 18 years and over and as such can enter into contractual Terms as outlined by these agreements
- You agree that all information provided is accurate and providing false information including attempting to impersonate another person, company, or entity
- By registering as a business with us you agree that you are granted authority to agree to these Terms on behalf of that business
- That you are solely responsible for the security of your user access and passwords including the allocation of user roles which may impact your account integrity and access to your confidential or financial details
- By agreeing to these Terms, you agree that they do not constitute a joint venture, employment, franchisee or partnership between you and Frugl Group.
Use and Supply of Content #
To use our services, we require information from you in relation to your business, products, and prices which we consider ‘content’. Content may be provided by us for your usage, created by you or provided by a 3rd party, in using our services and where you provide content you agree:
- Where you provide content, you are solely responsible for representing it to our platform for use with our services. By providing content you assert that you have all necessary rights to all parts of your content, that you are authorised to use them within the context they are being used and that you are not infringing or violating any third-party rights to that content by its use
- By listing your content within Frugl Market you grant Frugl Group a non-exclusive worldwide royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of your content. This allows us to provide the services and promote your listings to Frugl Group users including Frugl Grocery and Frugl Market customers in any forms and through any channels including on Frugl Group platforms, products, services, with our partners, third-party websites or advertising mediums. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognise our legitimate interest in using your content in accordance with the scope of this license, to the extent your content contains any personal information
- You will assert that all content you provide for use is either content you own or have rights to use and provide to us as part of our services. If content you have provided is alleged to infringe on another person or groups intellectual property it will be disabled or in instances of reparative infringements your account may be terminated
- You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation with our policies. You also agree not to post any content that is false, misleading or uses Frugl Group platforms and services in a fraudulent or deceptive manner
Your Use of Our Services #
As an account holder we grant you a limited, non-exclusive, non-transferable, and revocable license to use our services subject to the Terms of use and following notable restrictions in particular:
- You agree that you will not violate any laws in connection with your use of our Services. This includes any local, state, federal, and international laws that may apply to you, your business or parties you represent. This extends to including it is your responsibility to obtain any permits or licenses that you require and meet any legal requirements in the applicable jurisdiction(s) such as age verification upon fulfilment for restricted items. You may not sell anything that violates any laws including country specific sanctions in place. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts including crimes against Frugl Group, Frugl Group product and services users including retail sellers and end users, or third parties.
- You are responsible for all fees owing to Frugl Group except as set forth, you are soley responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our services. Where possible Frugl Market will assist in the calculation and collection of taxes including value added, goods and services taxes, and sales taxes. Refer to our Fees and Payments policy for information related to how taxes on goods are calculated and collected by Frugl Market and Frugl Grocery on behalf of Retail Sellers, and for information about your fees, bills, taxes and how you can pay them.
- You agree not to crawl, scrape, spider or reverse engineer any part of our platform or systems that provider our services to obtain source code of those platforms or services, OR to obtain seller or Frugl Group Intellectual Property such as seller content without our express permission. For customers with access to Frugl Market APIs refer to the API Terms of Use
- You agree not to interfere with or try to disrupt our services by means such as attempting to distribute malware or viral code, excessive requests (service attacks) to our platform or services, or other use other harmful computer code
- The name ‘Frugl’ is trademarked within Australian Trademark jurisdiction. If you would like to use our trademark for the purposes of marketing or promotion with your customers you agree to do so in accordance with our branding guidelines
- Frugl Group accepts all suggestions to improve our services, products and experiences in using them. Any ideas, concepts or suggestions submitted to Frugl Group are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose without compensation to you
- Frugl Group will periodically provide certain legal information in writing. By using our services, you are agreeing that we can send you information electronically such as by email and that your electronic agreement is the same as your signature on paper
Termination #
You may terminate your account with Frugl Market at any time. In terminating your account, you accept that content that you have provided for use with sales may continue to be available through our platform for the purpose of supporting backwards compatibility for both Frugl Market and Frugl Grocery users in relation to but not limited to products and purchases made. In terminating your account, you continue to agree to pay any outstanding billing agreements that are in place including agreements which are term based and continue to be due on a monthly basis. For outstanding term-based agreements Frugl Group may provide methods for outstanding future balances to be paid in full in conjunction with a termination.
Should Frugl Group terminate or suspend your account and any accounts as determined to be related, this may occur if we have reason to believe you, your content or usage violates our Terms. Under an account suspension or termination, you do not have a legal right to use our services as an account holder Frugl Group will notify you if your account has been terminated or suspended unless you have repeatedly violated our Terms, or we have a legal or regulatory reason preventing us from notifying you of the suspension or termination. Should your account be terminated, you may lose any information associated with your account including your content.
Frugl Group reserves the right to change, suspend or discontinue any services from you or all users at any time for any reason including those laid out in our policies under these Terms. We will not be liable to you for the effect that changes to Services may have on you, including your income or ability to generate revenue through our services.
These Terms remain in effect even after termination of services or services end.
Limitation of Liability #
You understand that Frugl Group does not manufacturer, store or inspect any items sold through our services. Frugl Group provides platforms for items to be listed and sold by independent sellers and as such do not provide warranty or guarantee in relation to the quality, safety, authenticity or legality of items sold by sellers through our platforms. Furthermore, you release Frugl Group from any claims related to items sold through our platforms including defective items, misrepresentations by sellers or items that cause physical injury.
Frugl Group makes no representations concerning any content posted through our platforms. Frugl Group is not responsible for the accuracy, copyright compliance, legality or decency of content accessible through Frugl Group platforms which extends to materials you may find offensive or inappropriate. By using our services, you release us from all liability relating to that content.
As part of interacting with our platforms you may interact with other individuals either in person or online, under the use of our platforms you accept that we do not screen users for our services other than to meet compliance and legal obligations and you release us from all liability relating to your interactions with other users. We highly encourage the use of caution and good judgement when interacting with others especially in person.
Within our platforms you may need to interact with third-party data or services that are not owned by Frugl Group to access additional information or functionality. When you access these third-party services you do so at your own risk and under the conditions of use by those third-party owners which Frugl Group is not a party to, with the agreements being solely between you and the thirdy-party.
Frugl Group is dedicated to providing platforms and services to the the best we are able to, however sometimes things can go wrong. You understand and accept that all platforms and services are provided “As Is” and without any kind of warranty. We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for purpose, as well as any warranties implied by performance, dealings or usage of trade.
We do not guarantee that: (1) these services will be secure or available at any particular time or location, (2) any defects or errors will be corrected, (3) that services will be free of viruses or other harmful materials, (4) that the result of using these services will meet your expectations and that you. You are using the services solely at your own risk without limitations except within jurisdictions where limitations on implied warranties apply.
To the fullest extent permitted by law, neither Frugl Group nor our employees or directors are liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising in connection with or out of the services or these terms. In no event shall Frugl Group’s aggregate liability for any damages exceed the amount you paid Frugl Group in the past 12 months except within jurisdictions where limitations on incidental or consequential damages apply.
Indemnifications #
In the event that Frugl Group is the subject of litigation in relation to your actions you agree to defend and indemnify us. This includes that you will defend Frugl Group (including its products and its employees) and hold us harmless for any legal claim or demand that arise from your actions, your use or misuse of our platform and services, your breach of the Terms, or you or your account infringement of someone else’s rights.
We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you also agree to cooperate with us so we can execute our strategy.
Disputes between users and parties
If you have a dispute with another user of our platforms or services or a third-party, we encourage you to contact the other party to resolve the dispute amicably.
If a dispute is unable to be resolved between a buyer and a seller in relation to a transaction that occurred on Frugl Group platforms or through Frugl Group services may escalate to a case with Frugl Group support through Frugl Market or Frugl Grocery to assist you in resolving disputes in good faith and solely based on our interpretation of our policies, in our sole discretion. We will not make judgements regarding legal issues or claims, and Frugl Group has no obligations to resolve any disputes.
In using our services, you release Frugl Group from any claims, demands and damages arising out of disputes with other users or parties.
Disputes with Frugl Group #
If you have an issue with Frugl Group platforms and services and you contact us we will attempt to resolve it with you, however if we are unable to the following relate to any legal disputes involving our services:
- These terms are defined as within the laws of Australia. These Terms apply no matter where in the world you live with exceptions within jurisdictions where mandatory consumer protection provisions from your local consumer protection law may be in effect
- You agree that any dispute or claim arising from or relating to these Terms shall be settled by final and binding arbitration unless otherwise required by law. Any arbitration or mediation under the Terms will take place on an individual basis. You agree by agreeing to these Terms that you and Frugl Group are waiving right to trail by jury or to participate in a class action lawsuit
- Cost of arbitration in relation to reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation each party will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation
- If you are a government agent or entity using Frugl Grocery or Frugl Market services in an official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you and any action will be governed by the Laws by Australia
- If we make any changes to this disputes section after the date you first entered into usage of our services Frugl Group will notify you of substantive changes 30 days prior to the date the changes become effective. If you do not agree with the modified Terms, you may send a written notification to Frugl Group or close your account within 30 days. By closing your account, you agree to arbitrate any disputes between you and Frugl Group in accordance with the provisions of this disputes section. If you reopen your closed account or create a new account, you agree to be bound by the current version of these Terms
Changes to Terms #
We may update these Terms where changes to Frugl Group platforms and services require. If we believe these changes are substantial, we will notify you as a user of our platforms and services. Changes may be communicated through our platforms, via email or sending a direct message relating to the changes. Changes will be effective upon posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Should you choose to continue using our platforms and services it will constitutes your acceptance of the updated Terms.
Additional Legal #
The Terms, including all policies that are referenced as part of the Terms and subsequent documentation supersede any other agreement between you and Frugl Group regarding the use of our platforms and services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Failure to enforce any part of the Terms by Frugl Group is not a waiver to our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Contact #
If you have any questions about these Terms, please email info@frugl.com.au
*In some countries you may have additional rights and/or the preceding may not apply to you.
