Terms and Conditions

These terms are an agreement between you and Live At The Markets Pty Ltd (ABN 66 777 888 999), which operates every market site on the Live At The Markets platform. By using this site, creating an account or placing an order, you agree to them. If you do not agree, please do not use the site.

Our Privacy Policy and Site Disclaimer form part of these terms.

Part A — Using the site

1. Who can use it

You must be at least 18 years old, have legal capacity to enter a contract, and be located in Australia with a delivery address inside the delivery area of the market you are ordering from. If you use this site on behalf of a business, you confirm you are authorised to bind it.

2. Your account

You need an account to order. You must give accurate, current and complete information — in particular your delivery address and mobile number, because we cannot deliver to an address we do not have correctly. Keep your details up to date in My Profile.

You are responsible for keeping your password confidential and for everything done through your account. Do not share your login. Tell us immediately if you think someone else has accessed it. One person, one account.

3. Acceptable use

When using this site you must not:

• break any law, or use the site for any unlawful or fraudulent purpose;
• impersonate anyone, or misrepresent your association with any person or organisation;
• interfere with the site’s operation or security, or attempt to gain unauthorised access to any account, server or system;
• use bots, scrapers or other automated means to place orders, hold stock, or extract our data;
• place orders you do not intend to pay for or receive; or
• resell goods bought here as a retailer without our written agreement — this is a service for household shoppers.

4. Live rounds and chat

Live market rounds include a chat channel. Keep it civil: no abuse, harassment, threats, discrimination, sexual content, spam, advertising or personal information about yourself or anyone else. Chat is public to everyone watching that round. We moderate it, and we may remove messages or block a participant at our discretion. Repeated breaches may cost you your account.

Part B — Buying fresh produce and groceries

5. How ordering works

We run timed market rounds. Products, prices and stock are set for a single round and are available only while that round is open. When the round closes, ordering stops — no matter what is left in your basket.

Everything shown during a round is an invitation to treat, not an offer. A contract of sale is formed only when we accept your order, which happens when we successfully take payment and send you an order confirmation. Until then, nothing is reserved for you.

Adding an item to your basket does not hold it. Stock is live and shared with every other shopper in the round, and popular lines sell out quickly. We may apply a limit on how many of an item one shopper can buy so that stock goes around.

Minimum order values, delivery fees and delivery areas are set by each market and differ between them. The figures that apply to your order are the ones shown on the market's own site and at checkout before you pay.

We may decline or cancel an order, in whole or in part, before delivery — for example if an item turns out to be unavailable, if a price or description was obviously wrong, if we cannot deliver to your address, or if we reasonably suspect fraud or a breach of these terms. If we do, we will tell you and refund what you paid for the affected items in full.

6. Prices and payment

Prices are in Australian dollars and, where GST applies, include GST. The price you pay is the price displayed at the time you submit your order.

Payment is taken in full at the time of purchase. You must use a payment method you are authorised to use. Card payments are handled by our payment provider — we never see or store your full card number. If a payment is declined, reversed or charged back, your order is not accepted and we may withhold or cancel delivery.

Any delivery fee is set by the market you order from, is shown separately at checkout before you pay, and is included in the total you agree to. There are no hidden fees.

A tax invoice is emailed to you and is always available in My Orders.

7. Delivery

We deliver to the address on your order, generally within 48 hours of purchase and often sooner. Delivery windows and times given during a round are estimates, and time is not of the essence. We are not liable for a delay caused by something outside our reasonable control — including weather, traffic, road closures, industrial action or a supply failure at the market.

You are responsible for the accuracy of your delivery address and instructions, and for making sure the goods can be received. Because we are delivering perishable food, our driver will leave your order in a safe, shaded place at the address if nobody is there — unless your delivery instructions tell them otherwise. Once the order has been delivered to your address in accordance with your instructions, risk in the goods passes to you, and we are not responsible for loss, theft or deterioration after that point.

If we cannot deliver because the address was wrong, access was blocked, or there was no safe place to leave the order, we will contact you. We may charge a redelivery fee, and we cannot refund perishable goods that have spoiled as a result.

Refrigerate your order promptly on arrival. Fresh produce does not keep well in the sun.

8. Produce comes from third-party growers

This is important, so it is set out plainly. The goods sold here are grown, produced, graded and packed by independent growers, stallholders and traders at the market. They are not our employees or agents, and we do not grow, process or pack the goods ourselves. Our role is to operate the platform, run the market round, take your payment and arrange delivery.

As a result, product descriptions, weights, counts, origin claims, growing method claims (such as “organic” or “spray free”), allergen information and shelf life are supplied to us by the grower. We pass that information on in good faith, but we do not independently verify it and do not warrant its accuracy.

Fresh produce is a natural product and varies. Size, colour, shape, ripeness and appearance differ between growers, between weeks and between individual items, and photographs are illustrative rather than a picture of what you will receive. Weights and counts are approximate. Where an item is unavailable at packing we may substitute an equivalent or better item of the same or lower price, or refund it — we will not substitute something you would not reasonably expect.

To the maximum extent permitted by law, and without limiting your Australian Consumer Law rights in clause 9, we are not liable for the acts, omissions, quality standards or information of any grower or stallholder.

9. Your rights under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where we are permitted to limit our liability for a breach of a non-excludable guarantee, our liability is limited, at our option, to replacing the goods, supplying equivalent goods, or refunding the price you paid for them.

10. Refunds for missing or poor quality items

If something is missing from your delivery, or an item arrives in poor condition, you do not need to call anyone. Open the order in My Orders, go to the Order Details / Invoice page for that order, and request a refund against the specific line item.

• Choose Missing or Poor Quality as the reason, and tell us how many units were affected.
• For a quality issue, attach a photo of the item. A photo lets us assess the claim and take it up with the grower, so we ask for one every time.
• Requests can be made within 3 days of placing the order — the window closes at midnight at the end of the 3rd day — and once per line item.

We review every request and will tell you the outcome. Approved refunds are returned to your original payment method, less nothing — you get the full value of the affected units back. Depending on your bank, it can take a few business days to appear.

Because we are selling fresh food, we cannot offer a change-of-mind refund on produce once it has been delivered. This does not affect your rights under clause 9. If you contact us outside the 7-day window and you have a right to a remedy under the Australian Consumer Law, tell us through the support form and we will deal with it.

Submitting a refund request you know to be false is fraud. We may refuse requests, and close accounts, where we find a pattern of claims that is not genuine.

11. Cancelling an order

Because we buy your goods from the growers as soon as a round closes, an order cannot be cancelled once you have paid for it. If you need to change your delivery address or instructions, contact us through the support form as soon as possible and we will help if the order has not already been dispatched.

Part C — General

12. Our liability

Subject to clause 9, and to the maximum extent permitted by law, we are not liable to you for any indirect, special or consequential loss, loss of profit, loss of opportunity, loss of data, or business interruption arising out of or in connection with the site or the goods, however caused. Subject to clause 9, our total liability to you in connection with any order is limited to the amount you paid for that order.

13. Indemnity

You indemnify us against any loss, cost or claim we suffer arising from your breach of these terms, your misuse of the site, or content you post through it — except to the extent our own negligence caused it.

14. Suspension and termination

You can close your account at any time by asking us. We may suspend or close your account if you breach these terms, if we reasonably suspect fraud, or if we are required to by law. Closing an account does not affect an order already accepted, or any right that arose before closure.

15. Changes to these terms

We may update these terms as the service changes. The current version is always on this page, with the date it was last updated at the top. The terms that apply to an order are the ones in force when you placed it. If we make a material change we will tell registered shoppers before it takes effect.

16. General

These terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State. If any provision is found to be unenforceable, it is severed and the rest continues to apply. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these terms without our consent.

17. Contact

Questions about these terms: our email address. For anything else, including a complaint about an order, use our support form — it reaches us fastest.

See also our Privacy Policy and Site Disclaimer.