Vendor agreement

This agreement is between FAIRLY GROUP PTY LTD (ACN 701 371 575) ("FairlyCart") and the store or business operator ("Store", "you") using the FairlyCart merchant service. By activating a store or accepting orders through FairlyCart, you agree to these terms and confirm you have authority to bind the Store.

Store responsibilities

• Keep business, delivery, pricing, availability, ingredient, allergen, nutrition and product-image information accurate and current, and update it promptly when it changes.
• Hold and maintain all registrations, licences, permits and food-safety approvals required to sell and handle the products offered (e.g. food business registration, and any licence required for restricted goods).
• Prepare orders safely and in line with applicable food-safety law, fulfil accepted orders with due care within the accepted timeframe, and promptly report unavailable products or needed substitutions.
• Not list prohibited, unsafe, recalled, expired, counterfeit or misleadingly described products. See our Acceptable Use Policy.
• Hold appropriate insurance for your business, including public liability cover, and provide evidence on reasonable request.

Order acceptance and service levels

Stores should accept or decline incoming orders promptly, and in any event within the response window shown in the merchant dashboard. An order left unactioned beyond that window may be auto-declined and refunded to the customer. Repeated late acceptance, order cancellation, or failure to fulfil accepted orders may result in reduced visibility, suspension or termination under this agreement.

Inventory and pricing accuracy

You're responsible for keeping stock levels, prices and availability status accurate in the merchant dashboard. Prices shown to customers must be correct and GST-inclusive where GST applies. Persistent inaccuracy that causes customer-facing issues (out-of-stock items accepted, incorrect pricing, etc.) may be treated as a breach of this agreement.

Catalogue and moderation

FairlyCart may review, approve, reject, pause or remove a listing or image that is incomplete, inaccurate, unsafe, unlawful or inconsistent with marketplace standards. Approval does not transfer responsibility for the product, its label or compliance from the Store. You retain ownership of your product content, but grant FairlyCart a licence to host, display, reproduce and adapt it (e.g. resizing images) for the purpose of operating the marketplace.

Customer remedies, recalls and cooperation

The Store will cooperate promptly with reasonable investigations, substitutions, refunds, returns, food-safety concerns and consumer guarantee claims relating to its listings or fulfilment. FairlyCart may take action reasonably needed to resolve a customer issue — including issuing a refund — and recover the corresponding amount from the Store where permitted by the commercial arrangement between us. If a product you've listed is subject to a recall or a food-safety concern, you must notify FairlyCart immediately, stop taking new orders for the affected product, and cooperate with any customer notification FairlyCart needs to send.

Customer data

FairlyCart shares with you the customer and order information reasonably necessary to fulfil an order (name, delivery details, order contents). You must only use this information to fulfil that order and any related customer service, must not use it for your own marketing without the customer's separate consent, and must handle it in line with the Privacy Act 1988 (Cth) and our Privacy Policy. You must not retain customer personal information for longer than needed for these purposes, and must notify FairlyCart promptly if you become aware of a data breach involving information we've shared with you.

Payments, commission, GST and records

Payouts to Stores are processed via Stripe Connect, on the payout schedule and less the commission or fees set out in your commercial arrangement with FairlyCart. FairlyCart may withhold or offset amounts owed to you to recover valid customer refunds or chargebacks relating to your orders. You are responsible for determining and meeting your own tax, GST, accounting and record-keeping obligations, including issuing valid tax invoices where required. Fees, commission rates and settlement timing are set out in the applicable commercial arrangement with FairlyCart and may be updated on reasonable notice.

Indemnity

You agree to indemnify FairlyCart against claims, losses or costs arising from your breach of this agreement, your products, your fulfilment of orders, or your breach of applicable law (including food-safety and consumer law), except to the extent caused by FairlyCart's own negligence or breach of this agreement.

Audits

FairlyCart may periodically review order accuracy, listing quality and food-safety compliance (e.g. via customer feedback, spot checks or documentation requests) to maintain marketplace standards. You agree to reasonably cooperate with such reviews.

Suspension and termination

Either party may stop using the service on reasonable notice, subject to fulfilling accepted orders and resolving outstanding obligations (including settlement of amounts owed). FairlyCart may suspend or terminate access immediately, without notice, where needed to protect customers, comply with law, or address a safety, fraud, food-safety or serious policy breach.

Disputes and governing law

We'll try to resolve any disagreement between us informally first. This agreement is governed by the laws of Victoria, Australia, and the courts of Victoria have non-exclusive jurisdiction over any dispute arising from it. See our Dispute resolution page for our general complaints process.