Terms and Conditions
- The Site
- Buyer and Producer Obligations
- Producer Pledges
- General Terms and Conditions
- Privacy and Security
- Changes to these Terms and Conditions
From The Producer is a website (fromtheproducer.com) ("Site") owned and operated by Cameron Edge Pty Ltd (ABN 27 137 222 354) ("Cameron Edge").
By using or accessing the Site, you indicate your acceptance of these terms and conditions.
Cameron Edge reserves all rights to alter these terms and conditions at its discretion. Each time you use the Site, it is your responsibility to be aware of our current terms and conditions. Your continued use of the Site following the posting of changes to these terms and conditions will be deemed your acceptance of those changes.
"Producer" means an individual person, an entity or a company that has products advertised on the Site and has elected to sell their products direct to buyers through the internet using their merchant facility.
A "Buyer" is a person who is seeking to purchase products from a Producer who advertises on the Site.
The Site is an online advertising medium and marketplace where potential Buyers contact Producers directly and purchase their selected items directly from the Producer.
By uploading, posting, transmitting or otherwise making available material via the Site, you grant to Cameron Edge a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the material. If you upload, post, transmit or otherwise make available material via the Site in which you do not own the copyright, it is your responsibility to gain permission from the original owner of that material. By uploading, posting, transmitting or otherwise making available material via the Site, you represent and warrant that you either own the intellectual property rights in that material or have the necessary permission to upload, post, transmit or otherwise make available that material via the Site.
Your product advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that product.
Any phone numbers or email addresses that you provide for advertisement must be yours or you must have permission to use them.
Cameron Edge reserves the right to verify the availability of products offered for sale and to verify the information contained in any advertisement. You agree that Cameron Edge may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as Cameron Edge reasonably requires.
Cameron Edge reserves the right to:
- modify, reformat, reject or remove any material that you upload, post, transmit or otherwise make available or seek to make available on the Site;
- limit or cancel your access to the Site if Cameron Edge deems it necessary; and
- change or discontinue the Site or any feature or service on the Site at any time.
Buyer and Producer Obligations
Both Buyers and Producers must be at least 18 years of age, and able to form legally binding contracts under applicable law, or be under the supervision of a parent or guardian who is at least 18 years of age in order to be eligible to use the Site. By using this Site you represent and warrant that you are at least 18 years of age and that all registration information you submit is accurate and truthful.
All Producers and Buyers must comply with all applicable domestic and international laws and regulations regarding their use of the Site, including, but not limited to, any laws and regulations regarding the sale of alcohol (if applicable).
Each Producer may publish additional terms and conditions that apply to their products and services. By placing an order on the Site for a Producer's products or services, the Buyer agrees that they have read and accepted any additional terms and conditions relating to those products or services that the Producer has made available on the Producer's website or elsewhere.
All Producers operating on the Site will be responsible for all aspects of the sale of products to a Buyer. This includes but is not limited to shipping, customer service, charge backs, fulfilment, warranties, returns and product defects etc.
By listing a product for sale on the Site, you represent and warrant that you have complied with all applicable laws and terms and conditions and that you are legally able to sell that product.
Producers should be members of their relevant official industry association.
Products must be locally produced. Imported products are not permitted.
All Producers are committed to providing exceptional customer service and quality products. They endeavour to make sure that the pricing of all products listed on the Site is true and correct.
Producers must not:
- use the Site for any unlawful purpose or in any manner that breaches any applicable law or regulation;
- use the Site to upload, post, transmit or otherwise make available any material that:
- infringes the rights of a third party (including, but not limited to, intellectual property rights, rights of privacy and trade secrets);
- could reasonably be expected to be inappropriate, defamatory, obscene, offensive, abusive, indecent, inflammatory, pornographic or otherwise unlawful; or
- you know or suspect (or ought reasonably to have known or suspected) is misleading or deceptive; or
- identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority.
Producers must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from the Site.
Producers undertake to:
- Promptly process customer orders received through FromTheProducer.
- Include FromTheProducer in their own marketing.
- List exclusive "cellar door only" products on FromTheProducer.
- Offer free shipping subject to a minimum order size.
- Support the FromTheProducer member rewards scheme.
Further details on the pledges, including the current member rewards scheme, can be found at http://fromtheproducer.com/help/producer/index.html?producer_pledges.htm
If you provide content, such as text or images, to Cameron Edge for inclusion in the FromTheProducer newsletter (“Content”), you are a “Contributor” and the following terms apply to you.
The Contributor grants to Cameron Edge a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the Content in any form for the purposes of the newsletter and unconditionally waives any moral rights that the Contributor might have in respect of the Content. If the Contributor does not own the intellectual property rights in the Content, the Contributor must procure such a licence and waiver of moral rights for the benefit of Cameron Edge from the original owner of that Content.
Each Contributor warrants that:
- the Contributor either owns the intellectual property rights in the Content or has all necessary permissions to provide the Content for the purposes of the newsletter; and
- the Content:
- does not infringe any third party rights including, without limitation, intellectual property rights, rights of privacy and trade secrets;
- complies with all applicable laws and regulations;
- could not reasonably be considered inappropriate, defamatory, obscene, offensive, abusive, indecent, inflammatory, pornographic or otherwise unlawful; and
- does not identify a person, or cannot be used to identify a person (including any copy, photos or other pictorial representations), unless the Contributor has obtained that person's authority.
The Contributor indemnifies Cameron Edge and its suppliers, contractors, officers, employees and agents from and against any claims, costs, payments (including legal expenses on a full indemnity basis), demands, damages or liabilities that Cameron Edge incurs in relation to breach of the Contributor’s warranties in the paragraph above.
Cameron Edge reserves the right to modify, reformat, reject or remove any Content.
General Terms and Conditions
Cameron Edge will not permit data mining of any of the content on the Site in any way. Cameron Edge will not permit the use of the Site to send anything which could be considered as spam, or bulk electronic messaging.
Some information on the Site may be derived from external sources. Cameron Edge does not endorse or warrant the accuracy of the editorial or advertising data or accept any liability for inaccuracies or omissions of this information. Content on the Site does not imply a Cameron Edge endorsement of such information.
Site content is for general information purposes only and is not to be taken as directives or instructions from Cameron Edge. Cameron Edge accepts no liability or responsibility for injury, loss, damage or death however caused.
Hyperlinks to other sites contained within the Site are not maintained or controlled by Cameron Edge. These third party hyperlinks are provided as a reference solely for the convenience of the Site users. As a result Cameron Edge makes no warranties about third party sites, nor does Cameron Edge accept responsibility for or endorse content or use of these sites. If you enter a third party site from our Site, you do so at your own risk.
Cameron Edge may withdraw or alter the material you send us if Cameron Edge deems it to be inappropriate or incorrect.
Cameron Edge will in no way be involved in any transactions between Buyer and Producer. Buying or selling a product via the Site is the total responsibility of the user, Buyer or Producer.
Cameron Edge cannot guarantee that a Buyer or Producer will actually complete a transaction.
If Cameron Edge does not act in relation to a breach of any of these terms and conditions, this is not to be interpreted as a waiver of these terms and conditions and Cameron Edge's rights to it.
Cameron Edge and you are independent. No contractor, agency, partnership, joint venture or employment relationship is created by these terms.
Privacy and Security
Cameron Edge reserves the right to monitor email enquiries.
All reasonable care will be taken whilst compiling Site content, including advertising content. However Cameron Edge does not warrant or represent that it is complete, current or free from typographical error, other errors or omissions. Information may include inaccuracies. Cameron Edge endeavours to provide continual availability of our services and access to the Site. However access to the Site may not always be possible due to numerous factors including those which are out of our control. Cameron Edge does not warrant or represent that our services and access to the Site will be timely, continuous, fault free, uninterrupted, secure or virus free.
Cameron Edge makes no warranties of the authenticity of its Producers or Buyers on the Site.
Product prices on the Site are provided by Producers. Cameron Edge takes no responsibility for the accuracy of price information or product specifications. All prices and product specifications are obtained from Producers. Cameron Edge takes all reasonable care to deliver only accurate information, but cannot be held responsible for information presented by Producers.
Cameron Edge accepts advertisements in good faith. All such information and products are provided "as is" without warranty of any kind. Cameron Edge has no control over the quality, safety or legality of any aspect of the products advertised on the Site and does not warrant or represent that the products advertised on the Site will be suitable for any purpose, or that a producer has any particular skills, knowledge, qualifications or is legally entitled to carry on a particular business. As a Buyer it is your responsibility to verify any information on the Site and to investigate for yourself the condition, quality and suitability of products advertised on the Site.
To the maximum extent permitted by law, Cameron Edge:
- excludes all rights, remedies, guarantees, conditions and warranties in respect of any information, goods or services relating to your use of the Site; and
- limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
Under no circumstance will Cameron Edge or its suppliers be liable for any, incidental, direct, indirect, special, consequential or punitive damages arising out of or in any way connected with your use of the Site or your inability to use the Site or for any products or information or services obtained through the Site, or otherwise arising out of your use of the Site, even if Cameron Edge has been advised of the possibility of damages.
You indemnify Cameron Edge and our suppliers, contractors, officers, employees and agents against any claims, costs, payments (including legal expenses on a full indemnity basis), demands, damages or liabilities that Cameron Edge incurs in relation to your use or inability to use the Site, a breach of these terms and conditions by you or your breach of any applicable law. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect.
In these terms and conditions, “moral rights” means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship granted under the Copyright Act 1968 (Cth) and any similar rights under any foreign laws.
These terms and conditions were written in English. To the extent that any translated version of these terms and conditions conflicts with the English version, the English version will prevail.
These terms and conditions are governed by the laws of Victoria, Australia. If a dispute arises from these terms and conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Changes to these Terms and Conditions
If we decide to change these terms and conditions, we will post those changes on this page, and/or update the terms and conditions modification date below.
These terms and conditions were last modified on 31 May 2015.