By subscribing to or using any Supermarket Swap Platform the user (Customer) accepts these Terms. These Terms will apply to the use of all Supermarket Swap Platforms and the sale of any associated subscription or product. No variation of or addition to these Terms will be binding unless reduced to writing and expressly accepted by Supermarket Swap and the Customer or their duly authorised representative.

1. Definitions
   • Australian Consumer Law means Schedule 2 to the Competition and Consumer Act (as amended or replaced from time to time);
   • Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time);
   • Customer means the party who enters into these Terms with Supermarket Swap, for the supply, access and use of any of the Supermarket Swap Platforms;
   • Material means information, data or materials contained on any Supermarket Swap Platform;
   • Supermarket Swap means Supermarket Swap Pty Ltd ACN 647 623 470 and any subsidiary;
   • Supermarket Swap Platforms mean the Supermarket Swap App, Supermarket Swap Social Media and Supermarket Swap Website and any other format or media pursuant to which Supermarket Swap may publish, distribute, or disseminate any information or communication;
   • Terms means these terms of trade and use.
2. Material in Supermarket Swap Platforms

   The Material contained in the Supermarket Swap Platforms is for general information purposes and does not constitute specific, personal, medical or nutritional advice. Users and Visitors of the Supermarket Swap Platforms, and anyone who accepts, accesses, uses, receives or reads the Material, should not act on the basis of any of the Material without first obtaining advice specific to their own situation.

   • While Supermarket Swap uses reasonable endeavours to ensure that any Material published on the Supermarket Swap Platforms is obtained from a reputable source, Supermarket Swap does not warrant the completeness or accuracy of the Material or that the Material is free from inherent defects, errors or deficiencies.
3. Health, Dietary and Nutritional Advice

   The Customer specifically agrees and acknowledges that any health, dietary or nutritional information contained in the Supermarket Swap Platforms:

   • is for general information purposes and does not constitute specific, personal, medical, health, dietary or nutritional advice and the Customer agrees to make its own enquiries as to the suitability of any products shown on the Supermarket Swap Platforms;
   • is not the advice of a health professional and is not formulated to specific dietary or nutritional deficiencies, allergies and/or health conditions and should not be relied upon by the Customer as such and the Customer will seek its own personal professional advice from a qualified health professional; and
   • is intended to support general health and wellbeing but is not a substitute for personal professional advice.
4. Product Information
   • The Customer agrees and acknowledges that the only information listed and contained in the Supermarket Swap Platforms are the ingredients and that the ingredients may change on a regular basis.
   • The Customer agrees and acknowledges that product comparisons provided on social media platforms are only a comparison of ingredient lists. Additives and preservatives that are listed on Food Standard Council Australia New Zealand (FSCANZ) are highlighted.
   • The Customer agrees and acknowledges that all other product information, including the nutritional table, is not contained in the Supermarket Swap Platform. As both product ingredients and the nutritional table provide important information regarding a products nutritional value, it is up to the Customer to seek nutritional information beyond the information contained in the Supermarket Swap Platforms when evaluating a products nutritional value..
5. Additive and preservative information and search function
   • The additive and preservative search function data contained in any Supermarket Swap Platform has been researched by qualified health and/or science professionals. Data compiled for this search function is obtained from known reputable sources. These sources may be available to the Customer upon request and at the discretion of Supermarket Swap.

6. The Customer agrees and acknowledges that all information provided in the additive and preservative search function or listed on any Supermarket Swap platform is intended to be a guide to the additive and preservatives only and is based on the additives and preservatives codes that are listed under the Food Standards Council Australia New Zealand and should not be relied upon by the Customer as being provided by Supermarket Swap or subject to any warranty from Supermarket Swap.

7. Product pricing and availability

   Information regarding product pricing, discounts and availability contained in the Supermarket Swap Platforms are subject to change depending on the store and store location that is selling the product.

8. Errors and omissions

   Information contained in the Supermarket Swap Platforms regarding product pricing, ingredients, and availability may contain typographical errors, inaccuracies and omissions. Supermarket Swap will use reasonable endeavours to have such errors corrected immediately upon discovery.

9. Intellectual Property
   • Unless otherwise stated the information, materials, licence, copyright and all other intellectual property rights contained in the Supermarket Swap Platforms are the sole property of Supermarket Swap including but not limited to the 'Supermarket Swap' name and logo, text, images, animations, sound recordings and/or software and the arrangement of them. Unless the Customer has obtained prior written permission, the Customer cannot reproduce, publish, license or alter any of the content found on the Supermarket Swap App or in the Material.
   • While the Customer may use the Supermarket Swap Platforms for their own personal use, no part of Supermarket Swap Platforms or any Materials therein may (in any form by any electronic, mechanical, photocopying, recording or any other means) be reproduced, stored in a retrieval system or be broadcast, sold, transmitted or be made available to any third party without the prior written consent of Supermarket Swap, which consent may be withheld in Supermarket Swap’s absolute discretion.
10. Third party products

    The Supermarket Swap Platforms may contain Materials associated with products produced by third parties. Except as indicated, we are not affiliated with, nor do we control, endorse, sponsor or approve of any such products or provide any warranty or representations in respect of those products.

11. Privacy

    The Supermarket Swap Platforms may use 'cookies' to collect anonymous traffic data from users who access the Supermarket Swap Platforms. The internet server may also automatically record details about any device used to access the Supermarket Swap Platforms (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded.

    This information is used for internal statistical purposes and to improve this Supermarket Swap Platforms and our services. Any other information supplied to us (for example if you send us an email or complete a form available on the Supermarket Swap App) is treated in strict accordance with our privacy policy.

12. Third party terms

    The Customer acknowledges that third-party terms and conditions may apply to any download, purchase and/or use of the Supermarket Swap Platforms by the Customer, including the terms and conditions of the relevant mobile application store.

13. No spam

    Publication of email addresses on the Supermarket Swap Platforms does not infer consent to the receipt of unsolicited commercial electronic messages.

    Refunds

    The Customer agrees and acknowledges that once access to any Supermarket Platform is purchased it will be deemed to have been used and the Customer will not be entitled to a refund unless a technical error has been incurred when making the purchase.

14. Subscription service and fees for Supermarket Swap App

    The Customer acknowledges and agrees that:

    • the Supermarket Swap App may be purchased on a subscription basis (Subscription) where recurrent fees are charged to access and use the Supermarket Swap App (Subscription Fees);
    • the Supermarket Swap App may be purchased as a monthly or annual subscription.
    • the Subscription Fees will be for the amounts stated on the relevant mobile application store in respect of the relevant Supermarket Swap App.
    • the Subscription Fees must be paid using an approved payment method for transactions made via the relevant mobile application store;
    • a monthly Subscription for the Supermarket Swap App will be for a period of one month (Subscription Term) unless otherwise stated;
    • a yearly Subscription for the Supermarket Swap App will be for a period of one year (Subscription Term) unless otherwise stated.
    • at the expiry of the Subscription Term, the Subscription will automatically renew and continue to renew for a further Subscription Term (Renewed Subscription Term) unless the Customer cancels the Subscription by notifying Supermarket Swap via the Supermarket Swap App at least 24 hours before the end of the Subscription Term or the Renewed Subscription Term (as the case may be);
    • the Customer will be liable to pay Supermarket Swap the Subscription Fees in full for the period of the Subscription Term and any renewed Subscription Term(s);
    • The Customer authorises Supermarket Swap to store the Customer’s credit card or payment details (as provided by the Customer to Supermarket Swap or to the relevant third-party mobile application store) on file or with a third party so Supermarket Swap can charge the Subscription Fees payable by direct debit to the Customer’s credit card or nominated account; and
    • The Customer acknowledges that it may be charged additional merchant fees by its bank or credit provider to accommodate direct debit payments.
15. Customer warranties and acknowledgements

    By purchasing a Subscription to the Supermarket Swap App from Supermarket Swap, the Customer warrants and represents that it:

    • is legally capable of entering into binding contracts;
    • has read and understood these Terms;
    • has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by Supermarket Swap or anyone on its behalf, or apparently on its behalf, in respect of its decision to purchase a Subscription of the Supermarket Swap App other than those that are expressly contained in these Terms.
16. Supermarket Swap App limitation of liability
    • Subject to the remainder of this clause 16, to the maximum extent permitted by law, we exclude completely all liability to any person for loss, damage, personal injury, disease or illness of any kind (however caused, including by negligence) arising from or relating in any way to the Material and/or any use of the Supermarket Swap Platforms (Services). Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.
    • To the extent permitted by law, where Supermarket Swap becomes liable to the Customer in any manner for any breach of any condition or warranty expressed or implied in relation to any Supermarket Swap Platforms and its use, Supermarket Swap's liability will be limited, at Supermarket Swap's sole discretion to either:
      1. the supplying of the Supermarket Swap Platforms again; or
      2. the payment of the cost of having the Supermarket Swap App supplied again.
    • If any action is brought by the Customer against Supermarket Swap, pursuant to Part 5.4 Division 1 of the Australian Consumer Law, Supermarket Swap's liability will be as prescribed in Part 5.4 Division 1 of the Australian Consumer Law.
    • To the extent permitted by law, the Customer releases and indemnifies Supermarket Swap and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Customer and whether at common law, under tort (including (without limitation) negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out its use of the Supermarket Swap Platforms or breach of the Terms by the Customer.
    • To the extent permitted by law, Supermarket Swap will have no liability to the Customer however arising, including, without limitation, under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity, arising out of or in connection with these Terms or any supply made pursuant to them.
17. Changes to terms

    We reserve the right to change these Terms at our discretion and without providing any notice to you. The whole or any part of a clause of these Terms shall be capable of severance without affecting the rest of these Terms.

18. Breaches

    If Supermarket Swap elects not to exercise any of its rights arising as a result of a breach of these Terms, that will not constitute a waiver of any rights of Supermarket Swap relating to any subsequent or other breach. Supermarket Swap will not be in breach of any contract with the Customer where it results from any act, matter or thing beyond the reasonable control of Supermarket Swap.

19. Jurisdiction

    These Terms will be governed by, and interpreted in accordance with, the laws for the time being in force in South Australia and the Customer submits to the non-exclusive jurisdiction of the Courts of, or exercising jurisdiction of, that State and waive any right you may have to claim that those Courts are an inconvenient forum. The Customer acknowledges that it and/or its representatives must attend courts located in South Australia (and no other jurisdiction in Australia or any other country) in the event of any litigation taken against Supermarket Swap.