The terms that govern your use of our website and your purchase of our products and services.
These Terms and Conditions ("Terms") govern your use of the website located at 5riversfoodspty.site ("Site") and your purchase of any products or services provided by 5 Rivers Foods Pty Ltd (ABN 96 697 037 246 / ACN 697 037 246) ("5 Rivers Foods", "we", "us", or "our").
By accessing our Site, purchasing our products, or engaging our co-manufacturing services, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree, please do not use our Site or purchase our products.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Food Act 2008 (WA), the Food Standards Australia New Zealand Act 1991 (Cth), and the Australia New Zealand Food Standards Code.
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
5 Rivers Foods manufactures and distributes artisan food products (including sauces, preserves, chutneys, oils, spice blends, and related gourmet items) and offers private-label co-manufacturing services. Product availability, specifications, and lead times may vary according to seasonality and production capacity.
All products are manufactured in compliance with the Australia New Zealand Food Standards Code and the Food Act 2008 (WA). Allergen declarations and ingredient lists are provided on product labels. If you have a food allergy or intolerance, you must check the label before consumption.
Nothing on this Site constitutes nutritional, dietary, or medical advice. Content relating to ingredients and health is general in nature.
All orders are subject to acceptance by 5 Rivers Foods and the availability of products. Wholesale pricing is confirmed via a quote or price list issued to approved trade accounts.
We will use reasonable endeavours to deliver orders within the timeframes provided, however delivery times are estimates only. Risk in the products passes to the Customer on delivery. Title in the products remains with 5 Rivers Foods until full payment is received.
You must inspect the products promptly upon delivery and notify us of any damage, shortages, or defects within 48 hours.
All intellectual property rights in the content of the Site — including text, graphics, logos, product names, recipes, and software — are owned by or licensed to 5 Rivers Foods. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
In respect of private-label and co-manufacturing engagements, ownership of the specific recipes and branding created for a client will be governed by the applicable written manufacturing agreement.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our goods are supplied to a consumer under the ACL, you may have consumer guarantees including that goods are of acceptable quality, fit for purpose, match their description, and match any samples provided.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
5 Rivers Foods operates a HACCP food-safety plan and complies with the Food Standards Code and the Food Act 2008 (WA). Allergens are declared on every product label in accordance with Standard 1.2.3 of the Food Standards Code.
In the unlikely event of a product recall, 5 Rivers Foods will act in accordance with the FSANZ food-recall protocol and any applicable WA Department of Health directions. Wholesale customers agree to cooperate with any recall actions and promptly communicate relevant information to their end customers.
Subject to clause 8 and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless 5 Rivers Foods, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Each party agrees to keep confidential all non-public information received from the other party in connection with a wholesale, private-label, or co-manufacturing engagement, and to use such information only for the purposes of that engagement. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.
Either party may terminate a trade account or co-manufacturing engagement by providing written notice as specified in the relevant agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or purchase of our products after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by 5 Rivers Foods to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any written supply or co-manufacturing agreement and our Privacy Policy, constitute the entire agreement between you and 5 Rivers Foods with respect to your use of the Site and purchase of our products, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: