1. Marmalade Terms of Use

Last Modified: 30th March 2021

Marmalade's ("Marmalade", "we", "us") website (our "Site") and related services are provided to you in accordance with the following Terms of Use.  

  1. 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.

  1. Acceptance of, and modifications to, these Terms of Use

By using this Site, you confirm that you accept these terms and conditions of use (Terms of Use) and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Site.

We may update or revise these Terms of Use from time to time. Every time you wish to use the Site, please check these Terms of Use to ensure you understand the terms that apply at that time. If you continue to use the Site following the posting of any changes to the Terms of Use you accept those changes. You can check when these Terms of Use were last updated by referring to the "Last Modified" date.

  1. Privacy

By using the Site, you acknowledge and agree that you have had an opportunity to read and understand our Privacy Policy. Our Privacy Policy helps you understand how we collect, handle, use, and share personal information, and contains information about how you can seek access to, and correction of, your personal information held by us. It also explains how you can complain about a breach of your privacy and how any such complaint will be handled.

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.

  1. Use of the Site

You may use the Site only in accordance with and subject to these Terms of Use. You must not knowingly or recklessly use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes or may have the effect of infringing the rights of Marmalade or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

(a) 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;

(b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;

(c) obtain unauthorized access to any computer system;

(d) 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;

(e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;

(f) misrepresent the identity of a user of this Site or use a false e-mail address;

(g) tamper with or obtain access to this Site or any component of this Site;

(h) conduct fraudulent activities;

(i) 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;

(j) 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

(k) contravene any applicable laws, regulations, codes or standards.

  1. 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.

  1. Intellectual property

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.

Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.

You agree not to sell, license, rent, modify, alter, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. You also agree that you will not use the content and materials on the Site for any purpose not expressly allowed in these Terms of Use. In particular, you must not use any part of the content on our Site for commercial purposes.

  1. 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: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that  you are the lawful copyright owner or are authorised to act on the owner's behalf.

Please email the copyright issue to admin@withmarmalade.com.

  1. Links to third party websites

Our website contains links to other websites owned and operated by third parties. We do not own and have no control over these third party websites and we make no representations about the accuracy, content, legality or any other aspect of any information contained on those websites. We are not liable for the content on those websites nor do we endorse such content, products offered or services provided by any third party. Use of such third party websites is at your own risk and you should carefully review the terms of use and privacy policies of all external websites that you visit.

  1. 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.

To the maximum extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of the Site or your use of or reliance upon any of the information, services or materials contained in the Site or provided by the Site to you. Marmalade's liability for all claims arising under or related in any way with these Terms of Use, no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed $500.

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:

(a) your material breach of these Terms of Use;

(b) any misuse or use of the Site content by you in breach of this Agreement; and

(c) 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.

  1. 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:

(a) enter into a partnership, joint venture, agency or employment relationship with you;

(b) guarantee the identity of any Supplier;

(c) determine if you are liable for any taxes; or

(d) collect or pay any taxes on your behalf that may arise from your use of our Site.

  1. Engaging with Marmalade

We aim to:

(a) Acknowledge receipt of all complaints within 24 hours; and

(b) 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.

Email: admin@withmarmalade.com

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.

  1. 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.

We may, in our sole discretion, terminate or suspend your use of or access to all or part of the Site or your account with notice, or without notice where there are serious grounds for doing so, for example if you breach these Terms of Use.

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.

  1. General

(a) Each paragraph of these Terms of Use operates separately. If any court or relevant authority decides any part of these Terms of Use is unlawful, the remaining paragraphs will remain in full force and effect.

(b) Even if we delay in enforcing these Terms of Use, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

(c) Any failure by Marmalade to exercise or enforce any one or more of its rights under these Terms of Use will not constitute a waiver of such rights unless such waiver is granted to you in writing.

(d) The section headings contained in these Terms of Use are included for convenience only and do not affect the terms of these Terms of Use.

(e) We may transfer our rights and obligations under these Terms of Use to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under the Terms of Use.

(f) These Terms of Use are governed by the laws of Queensland, Australia, and any dispute, difference or question arising out of or in connection with these Terms of Use, this Site or its Content shall be subject to the non-exclusive jurisdiction of the courts in and of the State of Queensland, Australia.