Terms of Use

These Terms of Use ("Terms") govern your access to and use of the FarmThru website at farmthru.com.au, any related mobile experiences and the services we provide through them (together, the "Service"). The Service is operated by FarmThru Pty Ltd (ABN 79 692 444 027) ("FarmThru", "we", "us", "our").

By creating an account, placing an order, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.

1. About FarmThru

FarmThru connects Australian customers with a curated network of family-run, regenerative and pasture-based farms. We aggregate orders, manage the cold chain and deliver direct to your door or a nominated pickup point. Unless we tell you otherwise at checkout, FarmThru is the seller of record for the goods you order, and you contract with us when you place an order.

2. Eligibility

To use the Service you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract under Australian law;
• Have a delivery address or pickup option within our published service area; and
• Provide accurate and current information.

3. Your account

You can browse parts of the Service without an account, but you will need one to place orders or use account-only features. You are responsible for:

• Keeping your login details secure;
• All activity that takes place under your account; and
• Letting us know promptly if you suspect any unauthorised access.

We may suspend or close your account if you breach these Terms, provide false information, or use the Service in a way that harms FarmThru, our suppliers or other customers.

4. Products, descriptions and traceability

FarmThru products are produced by real farms working to real seasons. We take care with the descriptions, images, certifications and producer information we publish, but:

• Photographs are illustrative — the actual size, colour, cut or packaging of a particular item may vary.
• Weights for variable-weight items (such as cuts of meat or whole produce) are estimates. Where a variable-weight item is sold by approximate weight, the final charge may be adjusted up or down by a small percentage, as disclosed at checkout.
• Availability is driven by harvest and supply. Items can go out of stock at short notice.
• Nutrition, allergen and farming-practice information is provided in good faith based on what our suppliers tell us. If you have an allergy or specific dietary requirement, please check with us before ordering.

5. Orders

When you submit an order, you are making an offer to purchase the listed goods. A binding contract is only formed when we send you an order confirmation email. We may decline an order — for example, where an item is out of stock, where we suspect fraud, where the delivery address is outside our service area, or where there is an obvious pricing or description error.

You can place orders up to the cut-off time displayed at checkout. After the cut-off, orders are routed to our suppliers and the hub for picking and packing, and may no longer be changed or cancelled (see section 11).

6. Pricing and payment

• All prices on the Service are in Australian dollars (AUD) and include GST where applicable.
• Delivery fees, packaging fees and any surcharges (for example for remote locations or special packaging) are shown at checkout before you place your order.
• Payment is processed at the time you place your order. For variable-weight items, an initial authorisation may be taken at the estimated price and adjusted to the final picked weight.
• We accept the payment methods displayed at checkout, processed securely by our payment partner (Stripe). We do not store full card numbers.
• If your payment fails or is later reversed, we may suspend or cancel your order and the related contract.
• We may correct obvious pricing errors at any time before despatch. If a corrected price is materially higher, we will contact you and you may cancel the affected items for a full refund.

7. Substitutions and out-of-stocks

Because our produce comes from real farms, items can sell out or arrive at the hub in lower quantities than expected. Where this happens we will, in order of preference:

1. Contact you to offer a comparable substitute at the same or lower price, where you have indicated you are open to substitutions;
2. Otherwise, remove the affected item from your order and refund the price you paid for it.

We will not substitute an item with anything materially different (for example, a different protein, a different cut, or a non-equivalent label) without your consent.

8. Delivery and pickup

• Delivery and pickup windows are estimates based on our weekly cycle, courier capacity and local conditions. We do our best to meet them but cannot guarantee a specific arrival time.
• For deliveries, you (or someone you authorise) must be at the address to receive perishable goods, unless you have provided written instructions for an unattended delivery.
• If you ask us to leave perishable goods unattended, risk in those goods passes to you on delivery and we are not responsible for spoilage, loss or theft that follows.
• For pickup orders, you must collect your order during the specified pickup window. Orders not collected may be donated, discarded for food-safety reasons, or held subject to a re-stocking fee, as disclosed at the time of order.
• Risk in the goods passes to you on delivery to the address you provided, or on collection from the pickup point.

9. Age-restricted goods

Where we offer goods restricted by Australian law (including alcohol, where licensed), you must be 18 years or over to purchase, and the recipient must be 18 years or over and able to show valid photo ID at delivery or pickup. We may refuse to supply or hand over restricted goods if these requirements are not met, and no alcohol can be sold or supplied to anyone under 18 — it is against the law.

10. Your consumer rights

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Because our products are perishable, please check your order on arrival or collection. If anything is missing, damaged, of unacceptable quality, or not as described:

• Contact us within 24 hours of delivery or pickup, with a photo of the affected item where possible, at hello@farmthru.com.au;
• We will replace the item in your next delivery, credit your account, or refund the affected portion of your order — at our discretion and consistent with the Australian Consumer Law.

Outside of these consumer guarantees, we generally do not accept returns or change-of-mind refunds on perishable goods, for food-safety reasons.

11. Changes and cancellations

• You can edit or cancel your order at any time before the cut-off shown at checkout, free of charge.
• After the cut-off, your order has been routed to our suppliers and the hub, and changes or cancellations may not be possible. If we are able to accommodate a late change, we may charge a reasonable late-cancellation or restocking fee, as disclosed at the time.
• We may need to change, suspend or cancel an order, a delivery run, or the Service itself — for example, due to weather, supply disruption, food-safety concerns or events outside our reasonable control. Where we cancel an order in these circumstances we will refund the affected items in full.

12. Promotional codes, credits and gift cards

Promotional codes, account credits and gift cards are subject to the specific terms shown when they are issued. Unless stated otherwise, they:

• Are not redeemable for cash;
• Cannot be combined with other offers;
• May be limited to one use per customer or household and to certain products or order values;
• May expire on a date we publish, and may be withdrawn if we reasonably suspect misuse or fraud.

13. Reviews and other user content

You may post reviews, ratings, photos or other content through the Service ("User Content"). You retain ownership of your User Content, but you grant FarmThru a non-exclusive, royalty-free, worldwide licence to use, host, reproduce, adapt and display it on and in connection with the Service and our marketing.

You must not post User Content that:

• Is false, misleading, defamatory, hateful or unlawful;
• Infringes anyone's intellectual-property or privacy rights;
• Reveals personal information about another person without their consent;
• Has been incentivised by a third party in a way you have not disclosed.

We may moderate, edit or remove User Content that breaches these Terms or that we reasonably consider inappropriate.

14. Acceptable use

You agree not to:

• Use the Service for any commercial resale of our goods without our prior written consent;
• Scrape, harvest or systematically extract data from the Service, or otherwise interfere with how it operates;
• Attempt to gain unauthorised access to any account, system or data;
• Introduce malicious code, denial-of-service traffic, or other material that could harm the Service or its users;
• Use the Service to break any Australian law or to facilitate fraud.

15. Intellectual property

The Service, including its design, code, text, graphics, logos, product photography and the FarmThru name, is owned by FarmThru or our licensors and is protected by Australian and international intellectual-property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal, non-commercial use in accordance with these Terms. Nothing in these Terms transfers any ownership of our intellectual property to you.

16. Third-party links and services

The Service may link to or integrate with third-party services (such as payment processors, map providers, and analytics tools). We are not responsible for the content, products or practices of those third parties, and your use of them is governed by their own terms and privacy policies.

17. Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.

Subject to that, and to the maximum extent permitted by law:

• The Service and our products are provided on an "as is" basis, and we do not guarantee that the Service will be uninterrupted or free from errors;
• FarmThru is not liable for any indirect, special or consequential loss, loss of profits, loss of opportunity, or loss of data; and
• Our total liability to you for any claim relating to an order is limited, at our option, to re-supplying the affected goods or refunding the price you paid for them.

18. Indemnity

You agree to indemnify FarmThru and our personnel against any loss, damage, cost or expense that we reasonably incur as a result of your breach of these Terms, your User Content, or your misuse of the Service — except to the extent caused or contributed to by FarmThru.

19. Events outside our control

We are not responsible for any failure or delay in performing our obligations under these Terms caused by events outside our reasonable control, including extreme weather, fire, flood, biosecurity events, disease outbreaks, supply disruptions, industrial action, or failures of utilities or communications networks.

20. Changes to these Terms

We may update these Terms from time to time. The current version is the one published on the Service, with the "Last updated" date above. For material changes we will notify you by email or by a notice on the Service before the change takes effect. Your continued use of the Service after the change indicates your acceptance of the updated Terms.

21. Governing law

These Terms are governed by the laws of New South Wales, Australia. You and FarmThru submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

22. Contact us

For any questions about these Terms or your orders:

FarmThru Pty Ltd (ABN 79 692 444 027)
Email: hello@farmthru.com.au