<p>Terms and Conditions</p>
<p>CONTENTS <br />1 Introduction <br />1.1 Your responsibilities <br />2 Contacting Good Harvest <br />2.1 Allowing Good Harvest to contact you <br />3 Placing an order <br />4 Changing an order <br />5 Creating an account <br />6 Delivery days <br />7 Delivery fees <br />8 Receiving your delivery <br />9 Paying for orders <br />10 Suspected fraud accounts <br />11 Product issues <br />12 Disputing your account <br />13 Credits to your account <br />14 Cancelling your account <br />15 Other Terms and Conditions <br />15.1 Changes to Pricing <br />15.2 Special or seasonal products <br />16 Privacy Policy <br />17 Intellectual Property Rights <br />18 Other Websites <br />19 General Restrictions</p>
<p>1 INTRODUCTION <br />These Terms and Conditions form part of your agreement with Good Harvest. By accessing our website and ordering products from us, you agree to be bound by and comply with these terms.</p>
<p>1.1 YOUR RESPONSIBILITIES <br />Without limiting the below Terms and Conditions, you are responsible for: <br />• Ensuring all information – including payment information – on your account is correct and up to date. <br />• Notifying us of any changes to your information. <br />• Ensuring funds are available for each debit to your account. <br />• Notifying us of any changes or issues with your order within the appropriate time frames.</p>
<p>2 CONTACTING GOOD HARVEST <br />You can contact Good Harvest during business hours by: <br />• calling us on 0405 960 205 <br />• Emailing office@goodharvest.com.au <br />• Placing an order on our website www.goodharvest.com.au <br />• Sending a message using the contact form on our website www.goodharvest.com.au/community/contact <br />• Messaging our Facebook account or commenting on our Facebook page www.facebook.com/goodharvestsunshinecoast <br />For missing products, quality issues, delivery breakages, or any other enquiry that directly relates to your account, please contact Good Harvest by phone or email. <br />For cancellations, please contact Good Harvest by phone. <br />When contacting Good Harvest by phone, you will be required to identify yourself by providing three identification details. These measures are taken to ensure that Good Harvest complies with the Privacy Act, and to ensure your personal information remains secure. Failure to provide identity information may result in Good Harvest being unable to assist you with your enquiry. <br />If you contact us via a non-secure method to discuss your account, at our sole discretion we may require you to contact us by phone so that an identity check can be performed.</p>
<p>2.1 ALLOWING GOOD HARVEST TO CONTACT YOU <br />By agreeing to become a customer of Good Harvest or otherwise using the Service you acknowledge and agree that Good Harvest may contact you (including by email, SMS, telephone or such other means) in relation to: <br />• The service, your account, any products, or your order <br />• Where you have consented to us doing so, any marketing or promotion which we conduct, special products being offered, Good Harvest newsletters or publications <br />• Where you have consented to us doing so, goods, services or promotions which are being offered by our suppliers or business partners (either alone or in conjunction with us) <br />To unsubscribe from any of our marketing or promotional contact with you, please use the unsubscribe button in a marketing email, or phone or email our store.</p>
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<p><strong>2.2 SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS</strong></p>
<p>Good Harvest Organic Farm (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.</p>
<p><strong>User Opt In:<span> </span></strong>The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). <span> </span><strong>Message and data rates may apply. 
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<p><strong>User Opt Out:</strong>  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.</p>
<p><strong>Duty to Notify and Indemnify: <span> </span></strong>If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, i<strong>f you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.</strong>  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.</p>
<p><strong>YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.</strong></p>
<p><strong>Program Description:</strong><span> </span>Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of organic fruit and veg and associated products.</p>
<p><strong>Cost and Frequency:</strong><span> </span>Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.</p>
<p><strong>Support Instructions</strong>:<span> </span><strong>For support regarding the Program, text “HELP” to the number you received messages from or email us at boxes@goodharvest.com.au</strong>  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.</p>
<p><strong>MMS Disclosure:</strong><span> </span>The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.</p>
<p><strong>Our Disclaimer of Warranty:</strong><span> </span>The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.</p>
<p><strong>Participant Requirements:</strong>  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.</p>
<p><strong>Age Restriction:</strong>  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.</p>
<p><strong>Prohibited Content:</strong>  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:</p>
<p>-       Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;</p>
<p>-       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;</p>
<p>-       Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;</p>
<p>-       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;</p>
<p>-       Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and</p>
<p>-       Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.</p>
<p><strong>Dispute Resolution:</strong><span> </span>In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Sunshine Coast, Queensland, before one arbitrator.</p>
<p>The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Good Harvest’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.</p>
<p><strong>Miscellaneous:</strong><span> </span>You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.</p>
<p>3 PLACING AN ORDER <br />Orders can be placed through our website, or in person at our store. <br />When placing an order with Good Harvest, you will need to provide all relevant details, including: contact name, email, billing address, and phone number; delivery location preference; and PayPal, credit/debit card payment information as required. You can save this information for speedier ordering by creating an account. <br />When you place an order, you agree to purchase the particular products from us for the price (including any applicable charges and taxes) stated at the time you place the order, except as advised and pay for those products prior to delivery. All prices quoted are in Australian Dollars and inclusive of Goods and Services Tax (GST). <br />You will be asked to confirm your order and account details each time you place an order.</p>
<p>4 CHANGING AN ORDER <br />To change your order, please contact our store via phone or email. You are able to change or cancel an order without charge or penalty at any time before 12:00 PM Australian Eastern Standard Time (AEST) the day prior to the delivery date. For example, for deliveries scheduled on Monday, changes must be made before 12:00 PM AEST on the Sunday prior. <br />No changes or cancellations will be accepted after these cut off times. <br />You must pay for any products (including any delivery fees and taxes) which you have ordered if you attempt to cancel or change orders after these cut off times.</p>
<p>5 CREATING AN ACCOUNT <br />When creating an account with Good Harvest, you will need to provide all relevant details, including: contact name, email, billing address, and phone number; delivery preference; and PayPal, credit/debit card payment information as required. <br />You will be sent a confirmation email to set a password to access your online account. <br />You are solely responsible for maintaining the confidentiality of your email username and password, and for who accesses and uses your account. <br />You may update or edit your account at any time through our website or by contacting our store. <br />You may not have more than one active account, and your account is non-transferable. <br />You may be refused an account or orders at the sole discretion of Good Harvest. Good Harvest may at its sole discretion terminate your account or services at any time.</p>
<p>6 DELIVERY DAYS <br />When you place or change your order, you will be advised of the days and times that Good Harvest delivers to locations. <br />We are unable to deliver outside of these set times, except for certain events or business customers in select delivery areas.</p>
<p>7 DELIVERY FEES <br />Delivery fees vary based on your order value and delivery area. When you place or change an order, you will be advised of any delivery fees at the point of order confirmation.</p>
<p>8 RECEIVING YOUR DELIVERY <br />You will receive the products to the delivery location you select, currently: <br />• Addresses within the bounds of our delivery map<br />You own and are responsible for all products once they have been delivered to you. It is the responsibility of the customer to ensure it is collected appropriately. <br />Please make sure that you check all products carefully against your tax invoice (available on the website or by contacting our customer service centre) and take careful notice of storage instructions, ingredient lists, allergens, and any use by or best before dates on products.</p>
<p>9 PAYING FOR ORDERS <br />Orders will be charged to your nominated payment method. Credit/debit card payments and PayPal payments will occur once your order has been processed. Payments will appear on your statement as "Good Harvest". Bank Deposit and cash on delivery payments are the responsibility of the customer. You will be provided with our bank account details for Bank Deposit payments upon checkout. <br />It is your responsibility to ensure that sufficient funds are available for these transactions. <br />It is your responsibility to ensure that your credit/debit card details are valid and up to date. Please note we only accept Visa and MasterCard debit and credit cards.<br />If there is any change to your account details, then it is your sole responsibility to notify us.</p>
<p>10 SUSPECTED FRAUD ACCOUNTS <br />Good Harvest reserves the right to investigate all accounts where it suspects incorrect or fraudulent activity has occurred. <br />Good Harvest may conduct investigations into the above matters which can include but not limited to: <br />• Requesting copies of identity to verify your account information <br />• Asking for upfront payment for your orders; and <br />• Visiting the account holder to verify account and delivery details. <br />Good Harvest may choose to terminate your order or account if this information cannot be verified, or if payment cannot be made.</p>
<p>11 PRODUCT ISSUES <br />The Australian Consumer Law gives consumers rights in respect of goods and services they purchase, called consumer guarantees. <br />Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. <br />Regardless of anything in these Terms and Conditions, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You're also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. <br />If for any reason you have received an incorrect item, your whole order has not been delivered, incorrect item/s were delivered or you have received something that you are not 100% satisfied with, we will ensure that you are not charged. However you must notify Good Harvest via phone within 48 hours of the delivery being made, and we may need you to provide proof of the issue. We may not be able to refund any consumed or disposed of items. It may take up to 7 business days to process a credit to your account.</p>
<p>12 DISPUTING YOUR ACCOUNT <br />If you feel that any transaction, payment or rejection, or other billing issue is in error, or that you have been advised something by Good Harvest in error, please contact our store by phone or email. <br />Good Harvest may require copies of your personal or banking information (such as bank statements) to be forwarded to us to properly investigate your dispute. We may be unable to resolve your dispute if this information is not provided.</p>
<p>13 CANCELLING YOUR ACCOUNT <br />You are able to cancel your account with Good Harvest at any time by emailing us. No cancellation fees or minimum contracts apply. <br />You will be required to pay for all received orders, plus any orders for the next day should you not cancel your order before 12:00 PM AEST.</p>
<p>15 OTHER TERMS AND CONDITIONS <br />15.1 CHANGES TO PRICING <br />From time to time we may need to alter the price of the products you have ordered. <br />This may result in the prices of the individual products being slightly different from the notified price when you placed your order. There may be slight increases or decreases in price. Any changes will be evident by comparing your order confirmation with your monthly tax invoice. Please contact us if you have an issue with your invoice amount.</p>
<p>15.2 SPECIAL OR SEASONAL PRODUCTS <br />Good Harvest may offer you special or seasonal products. These products may be subject to their own Terms and Conditions. You will be advised of any specific terms and conditions at the time of your order. <br />From time to time, we may also offer special promotions or customer incentives which provide you with discounted pricing. These promotions may be subject to other terms and conditions which will be communicated at the time of order.</p>
<p>16 PRIVACY POLICY <br />Our privacy policy (https://checkout.shopify.com/7724519/policies/1916568) forms part of these terms and conditions. By utilising our service, you acknowledge and agree to our privacy policy.</p>
<p>17 INTELLECTUAL PROPERTY RIGHTS <br />Good Harvest owns and/or is licensed to use all of the Intellectual Property Rights on the website, including software, design, text, graphics, layout, content, and materials. <br />You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way, communicate to the public or use for commercial purposes, any material on our website without our prior written consent. <br />This website contains registered trademarks and other trademarks which are protected by law. You must not use any mark, logo or trademark appearing on the website, or our name or the names of our related bodies corporate without our prior written consent.</p>
<p>18 OTHER WEBSITES <br />The website may contain links to external websites that are not operated by us or our related bodies corporate. Good Harvest makes no representations or warranties, or has any responsibility or liability for any external websites. <br />By providing a link to these External websites we do not expressly or imply the endorsement of such sites or products or services that are provided at those External websites. <br />You hereby agree that you access and use the products and services made available at external websites solely at your own risk.</p>
<p>19 GENERAL RESTRICTIONS <br />You must not: <br />• use the website or Service for activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes; <br />• use the website or Service in any way, or transmit to or via the website any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using the website or Service; <br />• make fraudulent or speculative enquiries, purchases, or requests; <br />• use another person’s details without their permission or impersonate another person; <br />• tamper with or hinder the operation of the website; <br />• use any mechanism or technique to obtain the details of another customer; <br />• knowingly transmit any virus, worm, defect, Trojan or similar disabling or malicious device to the website; <br />• modify, adapt, translate or reverse engineer any portion of the website; <br />• remove or alter any copyright, trademark or other proprietary rights notices contained in or on the website; <br />• create accounts by automated means; <br />• use the website to violate the security of any computer or other network or engage in illegal conduct; <br />• use the website or Service other than in accordance with these terms; or <br />• enable or permit another person to commit any of the above acts.</p>