Terms & Conditions of Use
1 OUR WEBSITE
1.1 Terms of Use
Welcome to our website. This website is owned by Carnivore Lifestyle Australia (CLA). By accessing and using this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of sale for any product or service offered.
These Terms and Conditions should be read in conjunction with our Privacy Policy. Where you do not agree with our Privacy Policy you shall immediately cease the use of our website and the purchase of goods or services.
If you continue to browse and use this website or purchase any goods or services, you are agreeing that you are over 18 years of age and possess the legal right and ability to enter into legally binding agreements with CLA and CLA’s Suppliers, where applicable.
Where you register an account with CLA, you are responsible for ensuring the accuracy, completeness and currency of all personal information and in keeping any passwords and user names secure. You are responsible for any and all activity undertaken under your account.
1.2 Content
The material on this site is for general information purposes only. Whilst CLA have exercised due care in ensuring the accuracy of the information and material contained on this website, the information and material is not specific nor does it take into account your personal circumstances, including but not limited to, your individual health, medical, physical or emotional situation or needs.
Nothing contained on this website is intended to be used or treated as medical or professional advice and should never be used as a substitute for medical attention, treatment, examination and advice from your own medical practitioner. It is not intended to be used to diagnose, treat, cure or prevent any disease or condition nor should it be used for therapeutic purposes or as a substitute for your own health or medical professional’s advice.
If you choose to commence any diet, treatment, protocol or supplement and you feel ill, unwell or otherwise uncomfortable, immediately stop, discontinue and consult your healthcare practitioner. Any reliance you place on information on our website is therefore strictly at your own risk. You need to make your own enquiries to determine if the information, material, products and services are appropriate for your intended use and you should, before you act on or use any of this information, material, product or service, consider the appropriateness of the information with respect to your own personal situation and needs.
You should not use this information or any of our stocked products to diagnose or treat any health problem, disease or condition without consulting a qualified professional for advice to ensure it is relevant to and appropriate for your particular circumstances.
1.3 Products
All information regarding our stocked products attributes’ have been provided by our Suppliers and CLA does not accept any responsibility for any incorrect data supplied. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability to the fullest extent permitted by law. Product images should be regarded as illustrative only and product information should be used as a reference only. Any clarifications or queries on individual products shall be directed to the Supplier. Information may be incomplete so please read all product labels carefully before use of any product.
CLA will take every reasonable step to promptly advise of any correction to published information as required where misprints, human error or omissions deem this necessary. CLA’s liability is governed by Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded by these terms. For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), CLA’s liability is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
1.4 Ownership
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of CLA’s or CLA’s Suppliers. All other trademarks or service marks within our website are the property of their respective owners. Nothing in these terms grants you any right to use any trademark, service mark, logo, graphic, or name of CLA’s or of any of CLA’s suppliers. You are solely responsible for obtaining written permission before reusing any material or information on CLA’s website. In no event shall CLA, its employees or representatives be liable for special, indirect, consequential, punitive or other damages related to products sold, information displayed, product claims of Suppliers, or trademark and patent disputes.
1.5 Reproduction
Any redistribution or reproduction of part or all of the contents of CLA’s website in any form is prohibited without our express written permission. You may not, except with our express written permission, distribute or commercially exploit the content, nor may you transmit it or store it in any other website or other form of electronic retrieval system.
1.6 Warranties
Whilst CLA endeavour to keep the information on our website up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website, information, material, products, services, or related graphics contained on the website for any purpose.
1.7 Liability
By using this website, you agree and acknowledge that CLA is not liable for any direct, indirect, consequential or incidental loss, injury or damage of any kind which may result from your use of our website, the stocked products, the services and any information and material contained on or linked to the website.
Your use of the website, the stocked products, the services and your reliance on any information and material contained on or linked to the website, is entirely at your own risk, for which we will not be liable. In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result of any use or reliance on the information, material, product or service provided on this website or use of this website.
We reserve the right at any time and from time to time to remove, delete, alter or amend any content on our website. In particular, if we believe any content to be inappropriate, potentially breach regulations, receive complaints, or for any other reason, and in our reasonable discretion, we may remove or modify the content at any time without notice. We will not be liable to you or any third party for any modification when it is required.
2 THE CARNIVORE MEAT MARKET
These Terms and Conditions apply to all purchases made via The Carnivore Meat Market in addition to the above existing Terms and Conditions. Customers shall be familiar with these Terms and Conditions and all orders are deemed acknowledgment, agreement with, and acceptance of all Terms and Conditions.
2.1 Definitions
The following definitions apply;
Carnivore Lifestyle Australia (CLA); The provider of the online meat market connecting Customers with Suppliers.
Customer, You; A Buyer whom purchases goods or services via CLA’s meat market platform.
Supplier; A Seller of goods or services via CLA’s meat market platform.
Meat Box, Farm Product; A Product of the Supplier, sold to the Customer via CLA’s meat market platform.
Meat; Any Product or Ingredient of animal origin expanded to include, but not limited to; eggs, dairy, seafood etc.
2.2 Parties
Under the terms of this agreement, CLA are not a direct party to the Customer (Buyer) and Supplier (Seller) transaction. The Supplier at all times retains control and responsibility over their Meat Box or Farm product, product pricing and service delivery to Customers, forming the Buyer-Seller relationship.
CLA provides the platform for the sale of meat from the Supplier to the Customer. CLA’s platform facilitates the exchange between a Customer and a Supplier. By entering into a transaction on this platform for the purchase of meat, a legally binding agreement is formed between the Customer and the Supplier, and each party shall comply with its obligations under those terms.
2.3 Personal Information – Privacy
Orders received via The Carnivore Meat Market platform are fulfilled in all respects by Supplier’s and their third parties and require the on-forwarding of Customer personal information. Those Supplier’s and their third parties, where they exist, are contractually bound by a Privacy agreement with CLA and legally bound by Privacy Laws.
CLA provide Customer personal information to Suppliers for the express purpose of fulfilling the Customer’s order, and this act by CLA does not constitute consent for the Supplier to contact the Customer directly, through audience email subscription or with direct offers. Where a Customer believes that a Supplier has breached this with unsolicited contact, emails or direct offers, they shall notify CLA immediately.
2.4 Personal Information – Accuracy
The Customer is responsible for ensuring the accuracy, completeness and currency of all personal information, including but not limited to their; name, email address, mobile contact number and shipping address, as these details are passed directly to Suppliers for fulfillment of the Customer’s order.
Where a Customer realises that there is an error in their personal details after order placement, they shall contact CLA immediately with the correct details. Whilst CLA will endeavour to have the details updated, once they are with the Supplier we cannot guarantee that an update can be enacted by the Supplier.
Where incorrect personal details are provided by the Customer resulting in an order being rendered unfulfilled (unable to be delivered or delivered to the wrong address), neither CLA nor the Supplier shall be liable to the Customer. Whilst we will endeavour to have the issue rectified (potentially with a replacement or redelivery cost to the Customer), we do so without assuming any responsibility or liability resulting from any omissions, mistakes or inaccuracies of the Customer.
2.5 Product Nature – Order Finality
The Customer acknowledges that their purchase is of a perishable food product, where that product may be of significant value and to the custom requirements of the Customer. The Customer further acknowledges that the very nature of their order is irreversible in terms of the product.
The Customer agrees that all order placements are final and that they have exercised their right to ask questions prior to placing their order, where they may have them.
The Customer is aware that no cooling off period applies to any meat orders, regardless of the value of their order per National Consumer Law. CLA are in no way legally obligated to provide a Customer with a refund at any time.
2.6 Product Nature – Pre-Order
The Customer acknowledges that certain meat products are an order with a delivery or fulfillment wait period (a pre-order or backorder) and a Customer should read all listing descriptions fully. The Customer is aware that the wait periods may vary from Supplier to Supplier and a precise timing for order fulfillment is not always practical. For example, if a Customer order is for a meat product comprising ½ a cow, that order cannot physically be fulfilled by the Supplier until the remaining ½ cow is sold. From there the cow can be processed to fulfil the Customer/s order/s. This is the nature of some meat products.
The individual wait and delivery times for order fulfillment through a Supplier shall be read and understood prior to placing an order. The Customer agrees that these wait times are indicative only and may be reasonably delayed in some circumstances and for valid reasons. The reasonable delay of an order fulfillment does not entitle the customer to, nor guarantee the Customer a refund. Reasonable delays extend to processing and transportation logistics in addition to the status of meat product itself. Customers are advised to pre-plan their orders and to not rely on the exact delivery information provided by Suppliers. Customers are advised against placing an order where the receival of that order is time-sensitive.
2.7 Automatic Order Processing
CLA operate a single-order system enabling a Customer to make purchases from both The Carnivore Store and The Carnivore Meat Market in one order and one single payment transaction. The Customer acknowledges that all orders received by CLA are automatically processed, fulfilled or transferred externally for Supplier fulfillment. CLA makes no guarantees for being able to intercept or cancel an order at any time. The onus is on the Customer to read these Terms and Conditions fully and asking any questions before making any purchase.
2.8 Shipping Address Acceptability
The Customer is fully responsible at all times for their nominated Shipping Address and ensuring its compliance with these terms. Whilst some (but not all) products in The Carnivore Store can be delivered to a PO Box, orders of meat to PO Boxes and Parcel Lockers are strictly prohibited and cannot be fulfilled by the Supplier.
Customers acknowledge that all orders are automatic and final and that the onus is on the Customer to ensure they do not enter an unacceptable Shipping Address. Where a Customer places an order containing meat with a Shipping Address to a PO Box or Parcel Locker the risk and expense of it being unable to be fulfilled rests with the Customer. In the event that this occurs, the Customer shall contact CLA immediately and CLA will attempt to rectify with an alternative delivery address for the meat. CLA make no guarantees to the Customer nor accept any responsibility in doing so.
2.9 Delivery Access
The Customer warrants that safe, free and unimpeded access is available and provided to the Customer’s front door for the fulfillment of the order by the Supplier, including but not limited to; the provision for vehicular access to close vicinity of the door, safe access (no animals or other obstacles that may cause harm), and free and unincumbered parking near to the door.
Where the Customer has ordered for delivery to an address other than their residential address, they do so at their own risk (and expense in the event of a failed delivery) and shall ensure that the access is compliant with these terms.
2.10 Title & Ownership
Risk and title of the meat passes to the Customer upon delivery by the Supplier (or their delivery contractor). This includes where a meat product is left in a safe place at the Customer’s nominated delivery address.
2.11 Deliveries Left
The Customer shall ensure that in the event they are not home at the time of the delivery, a safe and appropriate position (with consideration to the weather and their order contents and physical size) is available for the order to be left.
Orders left in a safe place by a Supplier are deemed to be fulfilled and the risk and ownership is automatically transferred to the Customer. CLA and the Supplier are not responsible for ensuring that the front door area is appropriate for the delivery, that the order is safe to consume where it is not promptly retrieved by the Customer, nor the security of the order after the delivery has occurred.
If a Customer receives a delivery notification and believes that an error has occurred, they shall contact CLA immediately.
2.12 Liabilities, Warranties & Indemnity
CLA does not manufacture or directly supply any products on The Carnivore Meat Market platform. Further, CLA does not review any information provided by the Supplier for accuracy, nor warrant the accuracy or currency of any information provided by the Supplier.
CLA does not have any liability to a Customer or Supplier in relation to a transaction made on The Carnivore Meat Market platform, other than that expressly set out in these Terms and Conditions or otherwise to the extent such liability cannot be excluded by law. In all cases and to all extents, a Supplier is liable to a Customer for their products sold on The Carnivore Meat Market. To the extent we have any liability to a Customer in respect of the Supplier’s products, our liability is limited to the amount paid by the Customer for the relevant product.
The Customer agrees to indemnify and keep CLA indemnified from and against any claim, action, loss, demand, damage, liability, cost, expense, outgoing, or payment suffered, paid or incurred by CLA in relation to; the Customer’s breach of these terms, the use of The Meat Market platform and products by the Customer, and any and all of the Supplier’s activities including, but not limited to; sourcing, butchering, processing, handling, packaging, storage and the supply, transportation and delivery of the meat products to the Customer.
2.13 Refunds & Returns
The Customer shall familiarise themselves fully with the Supplier’s current refund policy prior to making any product purchase within The Carnivore Meat Market platform. The Supplier is at all times responsible for ensuring that their refund policy complies with all applicable laws inclusive of Australian Consumer Law. CLA holds no responsibility in confirming a Supplier’s legal compliance.
Where a Customer refund is raised, due and payable, that refund shall be issued by CLA to the Customer on behalf of the Supplier.
CLA are in no way legally obligated to provide a Customer with a refund at any time for a change of mind. Where CLA are able to intercept a change of mind order, the amount refunded to the Customer shall be the order value less the merchant fees incurred by CLA on the Customer’s transaction, and less any other reasonable costs incurred by CLA on the order.
Where the Customer is due a refund, either in part or in full, due to any valid refund reason caused by an omission of the Supplier, that refund shall be issued to the Customer by CLA on behalf of the Supplier.
Where the Supplier or Customer requests a return of the products, those arrangements shall be made independently of CLA, and made directly between the Customer and the Supplier. The Customer shall keep CLA informed of the outcome.
2.14 Disputes
2.14.1 Jurisdiction and Governing Law
These terms and conditions and the Customer’s full agreement with them on placement of an order, is governed by the laws of Western Australia and the Customer submits to the exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.
2.14.2 Dispute Between Customer and Supplier
Where a dispute arises between a Customer and the Supplier, the Customer shall resolve the dispute with the Supplier directly and provide notification to CLA of the issue and outcome. CLA may assist the Customer or the Supplier in the dispute but are in no way obligated to do so and the Customer releases us from all claims, demands, loss, liability, expenses and damages (direct or indirect) related to any dispute between a Customer and the Supplier.
2.15 Severability & Survival
Any clause in these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the clause and these terms is not affected.
Clauses 2.12 and 2.14 survives termination or expiry of these terms together with any other term which by its nature is intended to do so.
2.16 Agreement
By placing an order through The Carnivore Meat Market platform, the Customer automatically agrees in full to be bound by the Terms and Conditions set out herein.