Who we are
Marmalade is the trading name of Marmalade Australia Pty Ltd, a company registered in Australia with ABN 56 637 723 196 and principal place of business of Level 3, 1 Breakfast Creek Road, Newstead, QLD 4006.
You are responsible for maintaining the confidentiality of any account details that you may have in relation to the Site. This may include attributes such as an account identifier and password. You agree to immediately notify us if you know there has been or suspect any unauthorised use of your account or other breach of security.
Use of the Site
- transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;
- introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;
- obtain unauthorized access to any computer system;
- impersonate any other person, including but not limited to, a supplier of goods or services to you (Supplier), another user of this Site, or an employee of Marmalade;
- invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
- misrepresent the identity of a user of this Site or use a false e-mail address;
- tamper with or obtain access to this Site or any component of this Site;
- conduct fraudulent activities;
- collect or harvest information regarding Suppliers, or other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail;
- upload or send any content that is, or may be reasonably considered likely to be, material that is false or misleading, abusive, harassing, threatening, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another's privacy; or
- contravene any applicable laws, regulations, codes or standards.
Accuracy of the content of this site
The information on this Site is believed to be complete and reliable at this time of writing; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies.
The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. We may update and change the Site from time to time to reflect changes to our products and our business priorities.
We will try to give you reasonable notice of any major changes but this is not always possible.
You understand that the content, materials and other components (including for example logos, graphics, button icons and page headers) available on the Site belong to Marmalade, its content providers or its or their licensors, and are protected by copyrights, trademarks, service marks or other proprietary rights and laws around the world.
Copyright infringement, notice and take down procedures
If you believe that any materials on our Site infringe your copyright, you may request that they be removed. Your request must include the signature (or electronic equivalent) of the copyright holder or its authorised representative and must:
- identify the allegedly infringing materials;
- indicate where on the Site the infringing materials are located;
- provide your name and contact information;
- state that you have a good faith belief that the materials are infringing;
- state that the information in your claim is accurate; and
- indicate that you are the lawful copyright owner or are authorised to act on the owner's behalf.
Please email the copyright issue to firstname.lastname@example.org.
Links to third party websites
Disclaimer, warranties and liability
As a consumer, you have certain rights under consumer protection laws (Consumer Rights). Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.
We do not give any express warranty or guarantee as to the suitability, reliability or availability of our products and services, or of the content on our Site. Subject to your Consumer Rights, we do not give any implied warranties or guarantees.
You agree to indemnify Marmalade and its officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them arising out of:
- any misuse or use of the Site content by you in breach of this Agreement; and
- any act of fraud or wilful misconduct by or on behalf of you.
To the extent permitted by law, your liability to us under or in connection with your use of the Site is reduced to the extent, if any, to which our acts or omissions cause or contribute to our own loss or damage.
Engaging with Suppliers
The services provided by our Site allow customers to engage with Suppliers. When you enter into a transaction with a Supplier through the Site, you acknowledge and agree that you are transacting with the Supplier and not with Marmalade. Consequently, any concern, dispute or issue that may arise between you and Supplier in relation to the products or services supplied to you by the Supplier will not involve Marmalade. If you have a dispute with a Supplier, you should file a dispute through direct contact with the Supplier. Marmalade will not enter into, or intervene in any issue between a user and Supplier (unless Marmalade at its sole unfettered discretion chooses to do so). You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from Suppliers. We cannot ensure that a Supplier you are dealing with will complete a transaction.
Marmalade does not:
- enter into a partnership, joint venture, agency or employment relationship with you;
- guarantee the identity of any Supplier;
- determine if you are liable for any taxes; or
- collect or pay any taxes on your behalf that may arise from your use of our Site.
Engaging with Marmalade
We aim to:
- Acknowledge receipt of all complaints within 24 hours; and
- Resolve all complaints within 30 days.
If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
Phone: 1800 227 446
Mail: 1/1 Breakfast Creek Road, Newstead, QLD 4006
We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes. Where we cannot resolve a dispute within 30 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
Website availability and access
We try our best to offer the Site without interruption however this may not always be possible and we may alter, suspend, or discontinue this Site in whole or in part, from time to time. We will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling by posting such notice on the Website. However, you accept that it may not always be possible to provide such prior notice.
If at any time, we notify you that your access to and /or use of the Site or your account is terminated, you must stop using or accessing our Site and/or your account immediately.