1. Your use of the Site
1.1. By accessing and using the Site, you acknowledge and agree:
(a) you must comply with all applicable laws and regulations when using the Site;
(b) the Site may contain errors and be unavailable from time to time;
(c) subject to applicable law (including the Competition and Consumer Act 2010 (Cth)), all express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms that are not contained in these Terms, are excluded to the maximum extent permitted by law. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Competition and Consumer Act 2010 (Cth) or our liability under these provisions:
(i) you acknowledge that the Site is provided “as is” and Woolworths Group does not make any representation or warranty as to the suitability of the Site or any functionality provided within the Site; and
(ii) you acknowledge that to the maximum extent permitted by applicable law, Woolworths Group will not be liable to you in connection with your use of this Site for any loss or damage, except to the extent that such loss or damage arises as a result of our own negligence or wilful misconduct;
(d) an internet connection is needed to access and use the Site and you are responsible for any related charges;
(e) the Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for convenience only and you agree that:
(i) we make no representation or warranties, and have no responsibility or liability, for those sites;
(ii) these links do not indicate, expressly or impliedly, that we endorse the site, any opinions expressed on the site or any products or services that may be provided at those sites; and
(iii) you access the content and use any products or services made available or advertised at those sites solely at your own risk;
(f) if you provide Woolworths Group with any information via the Site:
(i) you are responsible for providing that information to Woolworths Group, including the accuracy of any such information; and
(ii) you acknowledge that Woolworths Group is not required, and has not made any commitment, to make contact with you or list you as a seller or any of your products on any Woolworths MarketPlus marketplace.
1.2. You must not use the Site to:
(a) make fraudulent or speculative enquiries or requests;
(b) breach or contradict any laws, regulations, standards or codes;
(c) transmit any material that interferes with the Site or other users in a way that may defame, harass, threaten, menace or offend any person, or prevents the Site from being used for its intended purpose;
(d) use another person’s details without their permission to impersonate another person;
(e) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(f) use any robot, spider, retrieval system or other mechanism to retrieve or index any portion of the Site;
(g) remove any copyright, trade mark, or other proprietary rights notice contained in or on the Site;
(h) infringe the Intellectual Property Rights (as defined below) of Woolworths Group or any other third party;
(i) reformat or frame any portion of the Site;
(j) submit information on the Site by automated means or under false or fraudulent pretences;
(k) use the Site to violate the security of any computer or other network, or engage in illegal conduct;
(l) take any action that imposes, or that would, in our reasonable opinion, result in an unreasonable load on our infrastructure; or
(m) attempt, or engage or permit another person to do or attempt to do, any of the above actions.
2. Privacy
2.1. Woolworths Group collects and uses your personal information (including your name, email and phone number) to communicate with you about Woolworths Market Plus or any Woolworths Market Plus marketplaces. Personal information is held on the public register in accordance with Chapter 2C of the Corporations Act 2001. We have global support services and we may sometimes need to share personal information overseas, for instance while using cloud computing services. For details about Woolworths Group’s privacy practices, including how you may access and correct your personal information and raise privacy concerns, see the Woolworths Group Privacy Policy, accessible at https://www.woolworthsgroup.com.au/au/en/privacy/policy-documents/privacy-policy.html.
2.2. You must comply with the Privacy Act 1988 (Cth) as if bound by it while using the Site.
2.3. You must give all assistance we reasonably request, and comply with all reasonable directions we may issue from time to time, in relation to our compliance with the Privacy Act 1988 (Cth) or any investigation, request or enquiry from the Australian Information Commissioner and Privacy Commissioner or other relevant regulator regarding personal information disclosed in your use of the Site.
2.4. You must notify us if you become aware of any breach of this clause.
3. Data Usage
3.1. You agree that, when accessing or using the Site:
(a) Woolworths Group may collect, use, store and disclose information about use of the Site; and
(b) technical data and related information, including but not limited to information about your device, system, software and peripherals, may be gathered periodically.
3.2. You grant to Woolworths Group a non-exclusive and royalty free licence to use your data for the purposes of providing services through the Site, developing the Site or the services related to it or any other reasonable purpose. We agree that any use of your personal information will be subject to clause 2 (Privacy).
4. Intellectual Property Rights
4.1. You acknowledge that all elements of the Site are owned by or licensed to Woolworths Group, including (but not limited to) copyright in any software, design, text and graphics in the Site, the Site layout and the content and material on the Site (Site Materials).
4.2. Woolworths Group does not assign to you or create for your benefit, any Intellectual Property Rights (including future Intellectual Property Rights) or any material otherwise created by Woolworths Group in the delivery of the Site.
4.3. You must not copy, modify, adapt, store in a retrieval system, reproduce, upload or sell any part of the Site Materials without Woolworths Group’s prior written consent.
4.4. You must not use Woolworths Group or Woolworths MarketPlus trade marks or logos without Woolworths Group’s prior written consent.
4.5. You must not infringe any Intellectual Property Rights or other rights of any third party in your use of the Site.
4.6. For the purpose of these Terms, Intellectual Property Rights means all intellectual property rights, including (but not limited to) current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries, and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
5. Notifications and communications
5.1. You agree that you may receive service emails from Woolworths Group regarding the Site.
5.2. If you opt out of receiving notifications or communications from Woolworths Group, you will still receive information we are required by law to provide you, including changes to these terms and conditions, and/or our privacy policy or other information relating to your interactions with Woolworths MarketPlus.
5.3. You agree that we and any Woolworths MarketPlus marketplace may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) about Woolworths, Woolworths MarketPlus, the Woolworths MarketPlus marketplaces and your use of Woolworths MarketPlus where you have not opted out (as described below) from receiving such electronic messages sent to you by Woolworths, Woolworths MarketPlus or any Woolworths MarketPlus marketplaces via these channels or media. Your agreement to receive these commercial electronic messages will be effective until you opt out.
5.4. If you want to update where we send the communications referred to in clause 5.3, you may contact us at sellersupport@woolworths.com.au. Please note that if you update your contact details, it may take up to 5 business days before we send communications to the updated address, so the relevant person may still receive communications from us at their previous contact details during this time.
5.5. You may opt out of receiving commercial electronic messages by following the directions to unsubscribe in the footer of any commercial electronic messages. If you tell us you want to opt out of the receipt of such messages, your request will apply only to the electronic address to which the commercial electronic message was sent. Within 5 business days of receiving that request and subject to clause 5.2 and 5.6, we will cease to send commercial electronic messages to that address.
5.6. Opting out of receiving commercial electronic messages from us or from a specific Woolworths MarketPlus marketplace will not withdraw your consent to receive messages from other Woolworths Group brands or other Woolworths MarketPlus marketplaces. Any consent you have provided to receive commercial electronic messages from other Woolworths Group brands are governed under separate terms and conditions that apply to those other Woolworths Group brands. If you would like to opt out of receiving commercial electronic messages from other Woolworths Group brands, you can do so by following the opt out facilities in those other Woolworths Group brand messages sent to you or other opt out options set out in those Woolworths Group brands’ relevant terms and conditions.
6. Governing Law
6.1. These Terms are governed by the laws of New South Wales, Australia. Each party agrees to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Any rights or remedies to which you are entitled under the Competition and Consumer Act 2010 (Cth) arise independently of these Terms and this clause does not apply to any claim you may have under the Competition and Consumer Act 2010 (Cth).
6.2. If the whole or any part of a provision of these Terms is void, unenforceable or illegal in any jurisdiction, it is severed for that jurisdiction. The remainder of these Terms has full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected.
