Terms

Last Updated: 24.03.2017 TERMS OF USE AGREEMENT In order to maintain the level of quality that we’re striving very hard to attain and maintain, by using this website or the Foodporter Services, you are agreeing to abide by these Terms of Use (the “Terms”), which constitute a legally binding agreement between you and Foodporter, (“Foodporter”) and which govern your use of and access to the Foodporter.com.au website (including the webpages contained or hyperlinked therein and owned or controlled by Foodporter, the “Website”) and the Foodporter Services, whether through the website itself or through such other media or media channels, devices, software, or technologies as Foodporter may choose from time to time (also and collectively, the “Foodporter Service(s)”). Services Offered by Foodporter About us As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that the Terms include the following material terms: • your use of the Foodporter Services may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage, messaging and overage, which are your sole responsibility; • the Foodporter Services are provided “as is” without warranties of any kind and Foodporter’s liability to you is limited; • you may receive text messages from or on behalf of Foodporter as a part of the Foodporter Services at the cell phone number(s) provided by you to Foodporter, and you consent to receiving such text messages. Please note that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and the Foodporter Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and the Foodporter Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use the Foodporter Services. The Website is owned and operated by Foodporter, (“Foodporter”), and is currently hosted in Australia. Foodporter reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Foodporter Services (or any part thereof) with or without notice. You agree that Foodporter shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Foodporter Services. Please note that Foodporter may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the Foodporter Services. Foodporter may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, occasionally there may be information on the Website or within the Foodporter Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and Foodporter reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. ORDERING AND PAYMENT When you place an order through the Foodporter Services, you will be given a choice of payment options which will be billed through the Foodporter Services, REFUND POLICY Foodporter takes customer satisfaction very seriously. If you have any problems with your order, please contact Foodporter and we will do whatever we can to assist you. In appropriate cases, if you have already been billed by Foodporter, Foodporter may issue full or partial refunds. USER REPRESENTATIONS, WARRANTIES AND COVENANTS By using the Website and/or the Foodporter Services, you represent, warrant, and covenant that: a. all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information; b. you will keep your password confidential and will be responsible for all use of your password and your account; c. you are not a minor in the jurisdiction in which you reside, or if you are a minor, that you are above the age of 13 and that you have received the permission of your parents or legal guardian to use the Website and the Foodporter Services; and d. your use of the Website and the Foodporter Services does not violate any applicable law. SUBMISSIONS AND FEEDBACK In addition to the rights granted by you with respect to your Contributions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website and/or the Foodporter Services (“Submissions”) provided by you to or via Foodporter, the Website, or the Foodporter Services are non-confidential and Foodporter (as well as any designee of Foodporter) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. PROHIBITED ACTIVITIES The Website and the Foodporter Services are for personal, noncommercial use only (unless specifically endorse or approved by Foodporter). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Restaurants. Additionally, the following uses and activities of and with respect to Foodporter, including the Website and the Foodporter Services, are prohibited: a. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets; b. advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Foodporter; c. systematic retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory; d. engaging in unauthorized framing of or linking to the Website or the Foodporter Services; e. transmitting chain letters or junk email; f. using any information obtained from the Website or the Foodporter Services in order to contact, advertise to, solicit, or sell to any user; g. engaging in any automated use of the Website or the Foodporter Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools; h. interfering with, disrupting, or creating an undue burden on the Website or the Foodporter Services or the networks or services connected or linked thereto; i. attempting to impersonate another user or person; j. using the username of another user; k. selling or otherwise transferring your profile; l. using any information obtained from the Website or the Foodporter Services in order to harass, abuse, or harm another person; m. using the Website or the Foodporter Service as part of any effort to compete with Foodporter, the Website, or the Foodporter Service or to provide services as a service bureau; n. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the Foodporter Services; o. attempting to bypass any measures of the Website or the Foodporter Services designed to prevent or restrict access to the Website or the Foodporter Services, or any portion of the Website or the Foodporter Services; p. harassing, annoying, intimidating or threatening any Foodporter employees or agents engaged in providing any portion of the Foodporter Services; q. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website or the Foodporter Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose; r. deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Website or the Foodporter Services (including any content therein and thereof); and s. using the Website and/or the Foodporter Services in any manner inconsistent with any and all applicable laws and regulations. DISPUTES If there is a dispute between users of the Website, or between users and any third party (including any Restaurant), you understand and agree that Foodporter (including the Website and the Foodporter Services) is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Restaurant), you hereby release Foodporter (including the Website and the Foodporter Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. In the interest of resolving disputes between you and Foodporter in the most expedient and cost effective manner, you and Foodporter agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FOODPORTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Despite the provisions of the paragraph directly above, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim. DISCLAIMERS Foodporter cannot control the nature of all of the content available on the Website or through the Foodporter Services, or the products and services being sold by the Restaurants therein. By operating the Website and providing the Foodporter Services, Foodporter does not represent or imply that Foodporter endorses any Restaurant, Contributions, or any other content or products available on or linked to by the Website or through the Foodporter Services, or that Foodporter believes any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or through the Foodporter Services or in connection with any Restaurants, Contributions, or other third parties. YOU AGREE THAT YOUR USE OF THE WEBSITE AND FOODPORTER SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODPORTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND FOODPORTER SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOODPORTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND FOODPORTER SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE FOODPORTER SERVICES. FOODPORTER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOODPORTER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOODPORTER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOODPORTER SERVICES, EVEN IF FOODPORTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOODPORTER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FOODPORTER FOR ORDER PLACED BY YOU THROUGH THE FOODPORTER SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION INITIALLY ARISING. INDEMNITY You agree to defend, indemnify and hold Foodporter, its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, and agents (collectively, the “Foodporter Indemnitees”) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of your Contributions, your use of the Website, or your use of Foodporter Services, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, Foodporter reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify an Foodporter Indemnitee, and you agree to cooperate, at your expense, with Foodporter’s defense of such claims. Foodporter will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. INTELLECTUAL PROPERTY RIGHTS As between you and Foodporter, all of the content included in and as a part of the Website and the Foodporter Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “Foodporter Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to Foodporter, and are subject to copyright and other intellectual property rights under Australia and foreign laws and international conventions. Foodporter reserves all rights in and to the Website, the Foodporter Services, and the Foodporter Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the Foodporter Services; the license granted hereby does not include any resale or commercial use of the Website, the Foodporter Services, or the Foodporter Content. If you download or print a copy of the Foodporter Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Foodporter Content or enforce limitations on use of the Website or the Foodporter Content therein. THIRD PARTY WEBSITES AND CONTENT The Website and the Foodporter Services may contain, or you may be sent through the Website or the Foodporter Service to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Foodporter (including the Website and the Foodporter Services), and Foodporter (including the Website and the Foodporter Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that Foodporter (including the Website and the Foodporter Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the Foodporter Services or as may otherwise relate to any applications that you use or install from the Website or through the Foodporter Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and Foodporter (including the Website and the Foodporter Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party. TERM AND TERMINATION These Terms shall remain in full force and effect while you use the Website or the Foodporter Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website and the Foodporter Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, FOODPORTER RESERVES THE RIGHT TO, IN FOODPORTER’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE FOODPORTER SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND FOODPORTER MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE FOODPORTER SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN FOODPORTER’S SOLE AND ABSOLUTE DISCRETION. Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes. SITE MANAGEMENT Foodporter reserves the right but does not have the obligation to: a. monitor the Website and the Foodporter Services for violations of these Terms; b. take appropriate legal action against anyone who, in Foodporter’s sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities; c. in Foodporter’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any applicable policy of Foodporter, the Website, and/or the Foodporter Services; d. in Foodporter’s sole and absolute discretion, remove from the Website or the Foodporter Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website’s or the Foodporter Services’ systems; and e. otherwise manage the Website in a manner designed to protect the rights and property of Foodporter and others and to facilitate the proper functioning of the Website and the Foodporter Services. CONTACT US In order to resolve a complaint regarding the Website or the Foodporter Services, or to receive further information regarding the Foodporter Services, please contact Foodporter via the email below. Email: info@foodporter.com.au