This website (Site) is operated by Setmagro Pty Ltd (ABN 58670334540) (we, our or us).  It is available at: https://setmagrofresh.store and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site)(Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a)    anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b)    using our Site to defame, harass, threaten, menace or offend any person;

(c)     interfering with any user using our Site;

(d)    tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)    using our Site to send unsolicited email messages; or

(f)     facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. 

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a)      copy or use, in whole or in part, any Content;

(b)      reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)       breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

(a)       you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b)      neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a)    they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)    access will be uninterrupted, error-free or free from viruses; or

(c)     our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.           

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Orders: Upon accessing the website and placing an order and payment, made with your preferred payment channel, you will receive an email notification that we have received your order. Your order will be confirmed once the payment is approved, and then it will be processed for packaging and dispatch. Each order may attract a service fee, that will be advised on check-out.

Discount offers, coupons and free product offers: Whenever we offer discounts, coupons and free products in our ordering process at various times, we request that you agree and consent to using these offers, within the spirit of the offer, and not abuse it, either knowingly or otherwise. We have final determination as to the approval of the offer and its validity.

Payment Terms: All orders will be required to be paid fully on completion of the order via the website. Payment can be made via a lawful and valid debit or credit card or bank transfer, and upon confirmation of the payment receipt the order shall be deemed complete and ready to be packaged and delivered, as per the delivery schedule. Submitting a valid debit or credit card for payment on the website, warrants us to charge the card as the preferred payment channel, through our payment gateway. If the debit or credit card is invalid or cannot be processed, or is declined for any reason, or is not able to be verified and processed, then the order will be suspended, and eventually cancelled, if the payment is not rectified by the intended delivery date. Please note that any payments attempted to be made with a fraudulent debit or credit card, will be rejected and the relevant authorities will be contacted and notified. We do not refund the amount once the order is successfully placed with payment.

Pricing and Weights: All efforts are made to update prices on the website, but prices are subject to change at any time, as many of the products offered are subject to external factors like climate, supply, scarcity and seasonal availability. However, when you place your order, the shopping cart prices listed are final upon your checkout, irrespective of any price changes thereafter. Service fees may be added to the product order to determine the final invoice price, to be paid at checkout. Where orders include products based on weights, you agree and accept that a 15% variation over or under, will constitute the acceptable product ordered. Whilst all endeavours are made to ensure accuracy of the weights, variations may happen from time to time.

Product Availability: Upon ordering, please check the availability of the product ordered. If the product is unavailable, we will delete/mark it as out of stock from the product list. But from time to time, this may not occur and the product ordered may not be available for dispatch, even if payment has been made at checkout. Should this occur, we will offer a substitute ‘like for-like’ product, or issue you a credit for the product in your Credit Wallet or as Discount Coupon for subsequent purchase.

Product Replacement and Credits: There will be occasions that the produce and/or products, you have ordered may be unavailable. This may be due to seasonal availability, scarcity, climate or a variety of other factors beyond our control. If the produce you ordered in the shopping cart is unavailable, and has already been paid for at the checkout, we will offer you a like-for-like produce or alternatively, issue you a credit for the value paid for the unavailable item, in your Credit Wallet or as a Dicount Coupon for subsequent purchase. This Credit Wallet or Discount Coupon will be available to be used against future orders on your account. No refunds will be issued for amounts under $50, however if a refund is requested, there will be a $10 administration fee deducted, before the refund is issued back to the nominated credit card. All credits in the Credit Wallet or through Discount Coupon Code are not transferable and will not expire for a period of 6 months from the date of the credit.

If a significant number of produce or products ordered are unavailable, we reserve the right to cancel the order and issue a credit to your Credit Wallet or as Discount Coupon, with the full value of the order, including the service fee paid at checkout.

If you believe that there is a discrepancy about the credit balance in your Credit Wallet or allocated as a Discount Coupon, please email us at [email protected] and we will respond to your query after investigating the matter.

All decisions regarding the Credit Wallet or Discount Coupon will be at our discretion and will be final. It will be advised to you via email.

Deliveries: All deliveries will be either made directly by us or via our contracted courier company. Deliveries will be made to the specified address on your user account when the order is placed, and any delivery instructions will be adhered to as much as feasible. Should there be no-one to receive the product box when it arrives, you agree and consent that the product box will be able to be left unattended, at the designated delivery area, as specified on your user account when the order was placed. It will be acknowledged that the delivery has been completed and finalised.

Product boxes will be delivered with ice-packs, where required for meat and other products according to Food Health and Safety standards.

These are the conditions in relation to the deliveries. It is your responsibility to:

• Ensure that the delivery address and delivery instructions are correctly noted and accurate, on your account on the website. We are not responsible for any deliveries to incorrectly specified addresses, nor for any quality of the products due to the delay in any re-delivery, as a result of incorrect addresses or instructions on your account.
• Inspect the product box as soon as practicable to verify that your whole order has been duly fulfilled. Any missing items or inferior quality produce should immediately be notified to us via email at [email protected] with photographs. We will not entertain any request for missing or inferior quality products after 24 hours of the delivery has elapsed.
• Store the delivered products appropriately upon receipt, including immediate refrigeration where necessary. We accept no responsibility for contaminated products not properly refrigerated.

Should anything arise beyond our control and due to unforeseen circumstances, that would cause a delivery to not be made on the scheduled nominated delivery day, we will take all care and diligence to ensure that the delivery is made as soon as practicable, to that nominated delivery day. You will be advised by phone or electronic means should this occur, with information of the expected delivery.

Serviceable Area: The website will service the area within NSW and decided postcodes only. We make no representation of the use of website for International Use outside Australia. We will be servicing areas within our limitations and will be advising areas within Australia, to be serviced on the website. You may be able to ascertain the availability of our service based on your postcode through the serviceable look-up feature available on our website. We make no representations of the use of this website outside of our areas of service.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales, Australia any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Setmagro Pty Ltd (ABN 58670334540)

Email: [email protected]

Last update: 21/09/2023