1. Definitions
- Account means your registered account on the Service.
- Aggregated Data means data derived from the Service that has been de-identified and aggregated such that it cannot reasonably be used to identify any individual User, business, or transaction.
- Content means any information, data, text, listings, catalogues, prices, images, menus, orders, messages, or other material uploaded to, stored on, or transmitted through the Service.
- Paid Plan means any subscription tier that requires payment of fees.
- Restaurant means a User registered as a buyer to discover products and place orders.
- Supplier means a User registered to list products and receive orders.
- User, you means any individual or entity that accesses or uses the Service.
2. Acceptance and Eligibility
2.1. You must be at least 18 years old and have legal capacity to enter into contracts.
2.2. You must be acting on behalf of a legitimate business, sole trader, or commercial entity operating in Australia. The Service is a business-to-business platform and is not intended for personal or domestic use.
2.3. By using the Service you warrant that all registration information you provide is accurate, current, and complete, and that you will keep it up to date.
3. The Service
3.1. What we do. FreshLink operates an online B2B marketplace that enables Suppliers to list products and enables Restaurants to discover, compare, and place orders with Suppliers.
3.2. What we are not. FreshLink is a technology platform that connects Restaurants and Suppliers. We are not a party to any supply, purchase, or delivery contract between a Restaurant and a Supplier. We do not:
- take title to or possession of any goods;
- guarantee the quality, safety, legality, accuracy, or availability of any product listing;
- process physical delivery or fulfilment;
- collect payment on behalf of Suppliers unless expressly stated for a specific feature;
- act as a financial product issuer, broker, or intermediary, and FreshLink does not hold an Australian Financial Services Licence — your relationship with your Supplier remains a direct trade-credit or cash-on-delivery arrangement, and FreshLink does not facilitate the movement of money on the Supplier-payment side.
All transactions are solely between the Restaurant and the Supplier. Any dispute relating to a product, order, payment between users, delivery, or refund is to be resolved directly between the Restaurant and the Supplier.
3.3. Service availability. We aim to provide the Service continuously but do not warrant uninterrupted availability. We may suspend the Service for maintenance, upgrades, or operational reasons.
4. Account Registration and Security
4.1. You must register an Account to access most features of the Service.
4.2. You are responsible for:
- keeping your credentials confidential;
- all activity under your Account;
- notifying us immediately of any unauthorised access.
4.3. We may require verification of your business identity (including ABN verification) before activating certain features.
4.4. You must not share your Account with others or allow others to access it on your behalf, except for authorised team members within your business.
5. Subscription Plans, Fees, and Billing
5.1. Freemium model. FreshLink offers a free tier and one or more Paid Plans with additional features. Current pricing and plan features are published at freshlinkhub.com.au/pricing and may be updated from time to time.
5.2. Fees. All fees are quoted in Australian dollars and, unless otherwise stated, are exclusive of GST. GST at 10% will be applied where applicable and shown on your tax invoice.
5.3. Billing cycle. Paid Plans are billed in advance on a monthly or annual basis, depending on the plan selected. Your subscription will automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date.
5.4. Payment processing. Payments are processed by our third-party payment provider. By providing payment details, you authorise us (and our payment provider on our behalf) to charge the applicable fees to your nominated payment method.
5.5. Failed payments. If a payment fails, we may suspend access to Paid Plan features. If the failure is not resolved within 14 days, we may downgrade your Account to the free tier or terminate it.
5.6. Refunds. Fees for a billing period are non-refundable once that period has commenced, except where a refund is required by the Australian Consumer Law. You may cancel at any time to prevent future renewals; cancellation does not entitle you to a refund of fees already paid for the current period.
5.7. Changes to fees.We may change our fees at any time. For Paid Plans, we will give at least 30 days' written notice before any increase takes effect for your Account. If you do not accept the change, you may cancel before the new fees take effect.
5.8. Taxes. You are responsible for any taxes, duties, or levies imposed on you by law in connection with your use of the Service, other than taxes on our income.
6. Supplier Obligations
If you use the Service as a Supplier, you additionally warrant and agree that:
6.1. Accuracy of listings. All product listings, prices, pack sizes, stock availability, origin, and other product data you upload are accurate, current, and not misleading.
6.2. Pricing integrity. You will honour the prices published on the Service at the time a Restaurant places an order, subject to any written terms between you and the Restaurant.
6.3. Legal compliance. You hold all licences, permits, and certifications required to sell the products you list, including (where applicable) food safety, weights and measures, and country of origin compliance.
6.4. Fulfilment. You will fulfil orders accepted through the Service in accordance with any terms displayed in your listings (minimum order quantities, cut-offs, delivery zones).
6.5. Product safety. You comply with all applicable food safety, product recall, and labelling laws. You will notify FreshLink promptly of any product recall or safety incident relevant to a listing on the Service.
6.6. Authority. You have the right to list, sell, and distribute every product you upload.
7. Restaurant Obligations
If you use the Service as a Restaurant, you additionally agree that:
7.1. Ordering in good faith. You will place orders in good faith and will not place orders you do not intend to pay for or receive.
7.2. Verification. You will verify product details, pricing, and delivery terms directly with the Supplier before placing large or commercially significant orders.
7.3. Payment to Suppliers.Unless FreshLink processes payment on behalf of the Supplier for a specific order, you are responsible for paying the Supplier directly in accordance with the Supplier's payment terms.
7.4. Trade Account information (where used). If you fill in the Trade Account section of the Service, you warrant that:
(a) every fact and document you submit is accurate, current, and not misleading;
(b) any insurance certificate, food handling certificate, driver's licence, or ABN extract you upload is in force or current as of the upload date, and you remain responsible for replacing any document that expires;
(c) you have the authority of every trade reference you nominate to share their contact details with FreshLink and with the Suppliers you select to receive them;
(d) you understand that submitting your Trade Account profile to a Supplier is an instruction to FreshLink to disclose the fields and documents you have approved to that Supplier, and that the Supplier may rely on the data when deciding whether to extend trade credit to you. False or misleading information may expose you to liability under the Australian Consumer Law, the common law of misrepresentation, or both.
8. Prohibited Conduct
You must not, and must not permit any other person to:
(a) upload false, misleading, or deceptive listings, prices, reviews, or business information;
(b) impersonate another person or business, or misrepresent your affiliation with any person or business;
(c) use the Service to harass, defame, threaten, or unlawfully target any other User;
(d) scrape, crawl, harvest, or systematically extract data from the Service by automated means, except through APIs we expressly provide;
(e) reverse engineer, decompile, or attempt to derive the source code of the Service;
(f) use the Service to transmit malware, viruses, or malicious code;
(g) interfere with, disrupt, or circumvent the security, access controls, or integrity of the Service;
(h) use the Service to solicit Users to transact outside the Service with the primary intent of avoiding fees payable to FreshLink;
(i) create Accounts by automated means or under false pretences;
(j) use the Service in breach of any applicable law, including the Competition and Consumer Act 2010 (Cth), Spam Act 2003 (Cth), or Privacy Act 1988 (Cth).
9. Your Content and Licence to FreshLink
9.1. You retain ownership. You retain all ownership rights in the Content you upload to the Service.
9.2. Licence to FreshLink. By uploading Content to the Service, you grant FreshLink a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, reproduce, process, display, transmit, and otherwise use that Content for the purposes of:
(a) operating, maintaining, and providing the Service to you and other Users;
(b) improving the Service, including training and improving algorithms, search, categorisation, and recommendations;
(c) displaying your listings to other Users in accordance with the role you have registered for (for example, Supplier listings are displayed to Restaurants);
(d) producing de-identified, aggregated analytics and insights as set out in clause 10.
9.3. Survival. The licence in clause 9.2(d) survives termination of your Account with respect to Content already used to produce Aggregated Data before termination.
9.4. Warranties.You warrant that you own or have all necessary rights in the Content you upload, and that it does not infringe any third party's rights or contravene any law.
10. Aggregated Data and Insights
10.1. Our rights in Aggregated Data. FreshLink may compile, create, and commercialise Aggregated Data derived from activity on the Service, including market pricing trends, category demand, supplier fill rates, and regional procurement patterns.
10.2. De-identification standard. Before Aggregated Data is published, sold, or disclosed outside FreshLink, we will ensure it does not identify, and could not reasonably be used to re-identify, any individual User, business, or transaction. This means:
(a) direct identifiers (business name, ABN, email, contact details) are removed;
(b) data is grouped across a minimum of five (5) Users wherever business-level detail is reported;
(c) location is generalised to region or postcode-group level;
(d) specific SKUs and supplier-level prices are not disclosed in external reports.
10.3. FreshLink ownership. Once produced to this standard, Aggregated Data is owned by FreshLink and is not subject to any of the restrictions that apply to your Content.
10.4. Your privacy is preserved. Nothing in this clause permits FreshLink to disclose your individual Content, business identity, pricing, or transactions to any third party other than as permitted under these Terms or our Privacy Policy.
11. Intellectual Property in the Service
11.1. The Service, including its software, design, branding, trade marks, and all content created by FreshLink, is owned by or licensed to The Growth Protocol Pty Ltd.
11.2. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes, subject to these Terms.
11.3. Nothing in these Terms transfers any intellectual property rights in the Service to you.
12. Third-Party Services
12.1. The Service integrates with various third-party services (including payment processors, accounting integrations, messaging providers, hosting providers, and AI and analytics providers). Your use of those services may be governed by their respective terms and privacy policies.
12.2. FreshLink is not responsible for the acts, omissions, availability, or practices of any third-party service.
13. Australian Consumer Law and Disclaimers
13.1. Consumer guarantees. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law (ACL) or other applicable law that cannot lawfully be excluded.
13.2. Where the ACL applies.If the Service is a "service" supplied to you as a "consumer" under the ACL, and any consumer guarantee is breached, our liability is limited (to the maximum extent permitted by section 64A of the ACL) to one of the following, at our option:
(a) supplying the Service again; or
(b) paying the cost of having the Service supplied again.
13.3. Other warranties excluded.Except as required by law, FreshLink makes no warranties or representations, express or implied, including as to merchantability, fitness for a particular purpose, accuracy of listings, availability of products, or suitability of any Supplier or Restaurant. The Service and all Content are provided "as is" and "as available".
13.4. Third-party Content. Supplier listings, prices, product descriptions, and images are provided by Suppliers. FreshLink does not independently verify Content and is not responsible for its accuracy, completeness, or currency.
14. Limitation of Liability
14.1. To the maximum extent permitted by law, and subject to clause 13:
(a) FreshLink is not liable for any indirect, incidental, special, consequential, or exemplary loss, or for loss of profit, revenue, business, goodwill, anticipated savings, or data, however caused;
(b) FreshLink's total aggregate liability arising out of or in connection with these Terms or your use of the Service (whether in contract, tort, statute, or otherwise) is capped at the greater of:
(i) the total fees paid by you to FreshLink in the twelve (12) months immediately before the event giving rise to the claim; or
(ii) one hundred Australian dollars (AUD $100).
14.2. Each User acknowledges that these limitations are reasonable given the nature of the Service, the fees charged (including the availability of a free tier), and the allocation of risk between FreshLink and the Users.
15. Indemnity
You indemnify FreshLink and its directors, officers, employees, and agents against all claims, losses, damages, costs, and liabilities (including reasonable legal costs) arising from:
(a) your Content;
(b) your breach of these Terms;
(c) your breach of any law;
(d) any transaction, dispute, or claim between you and another User.
This indemnity survives termination.
16. Suspension and Termination
16.1. Termination by you. You may cancel your subscription at any time through your Account settings. Cancellation takes effect at the end of the then-current billing period.
16.2. Termination by us. We may suspend or terminate your Account, with or without notice, if:
(a) you breach these Terms;
(b) we reasonably believe you have engaged in fraud, misrepresentation, or conduct harmful to other Users or to the platform;
(c) we are required to do so by law;
(d) you fail to pay fees when due.
16.3. Discretionary termination.We may also terminate your Account for convenience on 30 days' written notice.
16.4. Effect of termination. On termination:
(a) your right to access the Service ends immediately;
(b) any fees owing for the current billing period remain payable;
(c) outstanding orders between you and another User remain your responsibility to resolve;
(d) clauses that by their nature should survive termination (including clauses 9.3, 10, 11, 14, 15, 17, 20, and 22) survive.
17. Data on Termination
17.1. Grace period. For 30 days after termination of your Account, we will retain your Content so that you can reactivate or export it.
17.2. Deletion. After the grace period, we will delete or de-identify your Account profile and Content within 90 days, except that we may retain:
(a) transaction and financial records for up to 7 years as required by Australian tax and corporate record-keeping laws;
(b) records we are required by law to keep;
(c) Aggregated Data produced before deletion, as permitted under clause 10;
(d) records of Trade Account sharing and revocation decisions for 7 years from the date of the event, for audit-trail and dispute-resolution purposes;
(e) the bank-detail decryption audit log for 7 years from the date of each event.
17.3. Export. You may request an export of your Content at any time before deletion.
18. Changes to These Terms
18.1. We may update these Terms from time to time.
18.2. For material changes(changes that materially reduce your rights or materially increase your obligations) we will give at least 30 days' notice by email to your registered Account email and by prominent notice on the Service. The change takes effect at the end of that notice period.
18.3. For non-material changes (clarifications, drafting fixes, new feature provisions that do not reduce your rights) changes take effect on publication.
18.4. If you do not accept a material change, you may cancel your Account before the change takes effect. Continued use of the Service after the change takes effect constitutes acceptance.
19. Force Majeure
FreshLink is not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, pandemic, war, civil unrest, labour disputes, government action, failures of telecommunications or internet infrastructure, or failures of third-party service providers on which the Service depends.
20. Dispute Resolution
20.1. Good faith negotiation. Before commencing any legal proceedings (other than proceedings seeking urgent injunctive relief), a party must give the other party written notice of the dispute and the parties must attempt in good faith to resolve the dispute through negotiation for at least 30 days.
20.2. Mediation. If the dispute is not resolved by negotiation, the parties agree to attempt mediation through the Resolution Institute (Australia) before commencing court proceedings.
20.3. Exceptions. This clause does not prevent either party from seeking urgent injunctive or equitable relief.
21. Governing Law and Jurisdiction
21.1. These Terms are governed by the laws of South Australia, Australia.
21.2. Each party submits to the exclusive jurisdiction of the courts of South Australia and the Federal Court of Australia sitting in Adelaide.
22. General
22.1. Notices. Notices to FreshLink must be sent to info@freshlinkhub.com. We may give notice to you via your Account email or by prominent notice on the Service.
22.2. Entire agreement. These Terms, together with our Privacy Policy, form the entire agreement between you and FreshLink regarding the Service and supersede any prior agreements.
22.3. Assignment. You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms to a successor in a sale, merger, or corporate reorganisation.
22.4. Severability. If any provision is held invalid, unenforceable, or illegal, it is severed and the remainder continues in force.
22.5. No waiver. A failure or delay in exercising any right is not a waiver of that right.
22.6. Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and FreshLink.
23. Contact
The Growth Protocol Pty Ltd
ABN 59 680 355 060
Trading as FreshLink Hub
1 Bromley Road, Huntfield Heights, South Australia 5163
Email: info@freshlinkhub.com