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Terms and Conditions of Purchase

1. Overview

FoodSt aims to provide a secure and efficient online platform for our Cooks to sell the meals that are offered (as varied, from time to time) (Meals) to our Customers (the Service) throughout the Greater Sydney areas specified here (or as revised by us from time to time) (Delivery Area).

Our online platform consists of:

  • our website located at foodst.com.au (the Website); and
  • any mobile applications (the App) that we make downloadable on the Apple App Store and Google Play,

(collectively, our Platform), which is owned and operated by FoodStreetCo Pty Ltd (ABN 15 607 740 867) (FoodSt, us, our, we).

Before accessing and using our Platform, please read these Terms and Conditions (Terms) carefully as they form a contract between you and us (Agreement). By accessing and using our Platform you acknowledge you have read, understood and agree to comply with:

a) these Terms and Conditions;
b) our Privacy Policy; and
c) any other terms, policies or notices published on our Platform,

(collectively, the Terms).

If you have any questions about the Terms, you can contact us at hello@foodst.com.au.

If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access our Platform, use our Services or purchase any Meals.

We reserve the right to amend these Terms at any time, and by continuing to use our Service (by purchasing Meals), you accept the Terms as they apply from time to time.

2. Registration and Access to our Platform

To purchase Meals offered on our Platform, you must:

a) register for an account with us (Account) and accept these Terms;
b) provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, a valid email address and password (Registration Information); and
c) promptly update your Account if your Registration Information changes.

By accessing our Platform and purchasing the Meals offered on our Platform, you represent and warrant that:

a) you are over 18 years of age, or you have the authority from your parent or guardian to use our Platform if you are under 18 years of age, are ordering the Meals to one of the Delivery Areas specified here and have the right, authority and capacity to agree to these Terms;

b) you understand that we cannot guarantee the availability, suitability or quality of the Meals offered on our Platform;

c) your access to and use of our Platform is non-transferable;

d) you understand that we may deny anyone access to an Account or the ability to use our Platform at any time where you have breached any provision of our Terms;

e) you understand that while we may monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by our Cooks through the Platform (Cook Content), we are not responsible for the Cook Content;

f) you understand that our Cooks are responsible for Cook Content, and we do not control and are not responsible for the accuracy of Cook Content, including but not limited to any descriptions, health-related information or representation as to the presence or absence of allergens;

g) if you are registering an Account with FoodSt or using our Platform on behalf of a company, that company is taken to have accepted the Terms and you are taken to have been duly authorised to bind the company; and

h) you will use our Platform in a manner consistent with any and all applicable laws, regulations and all FoodSt policies.

3. Use of Platform

By accessing our Platform, you will:

a) use our Platform for lawful purposes only;

b) make purchases from our Platform for personal use and not for resale or trade;

c) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means. This prohibition includes any Accounts made for the purpose of interfering with the integrity of our Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature; and

d) not infringe the intellectual property rights of FoodSt in our Platform or any intellectual property rights of any third party on our Platform.

4. Cooks, Meals and Purchases made on our Platform

Our Platform enables us to provide the Services (in other words, it enables Cooks to sell pre-prepared Meals) to you. By providing the Services, we act as an intermediary between you and our Cooks.

We do not prepare any Meals offered for purchase on our Platform. We do not become a party to or participant in any contractual relationship between our Cooks and you. We are not acting as an agent in any capacity for any Cook.

5. Payment Terms

Our prices include GST.

In these Terms, Payment Method means the method that you have or will use to make purchases on our Platform via your Account, such as a credit card, debit card, Stripe or PayPal account.

We reserve the right to:

a) change the Payment Methods that can be used on our Platform at any time and without notice to you;

b) change the pricing of any Meals offered on our Platform at any time and without notice to you;

c) delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation; and

d) take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you ultimately receive or pay the correct amount.

You will be responsible for:

a) ensuring that your nominated Payment Method has sufficient funds to make any payment;
b) paying all bank fees, including fees charged by your bank (including those charged for any failed payments) as well as any reasonable administration fees; and
c) compensating us for any collection agency costs in the event that you fail to pay any amount owed to us within 7 days of request.

6. Vouchers, Discounts and Coupons

a) We may from time to time offer gift cards, discount promotions, coupons and other types of vouchers (Voucher) which must be activated through your Account. These Terms become an Agreement between us when you redeem the Voucher by creating an Account or purchasing a Product.

b) If purchased, the Voucher is deemed to have been sold at the time of payment. Any Voucher may only be used until its value has been expended. Vouchers may not be copied, reproduced, distributed or published either directly or indirectly. Vouchers cannot be refunded once purchased. Only one Voucher is allowed to be applied per order.

c) We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift Voucher) for any reason at any time.

d) Vouchers may only be redeemed through making purchases via the Platform and not through any other website or method of communication. To use a Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed confirmation of your agreement to these Terms and any special conditions that may be attached to the Voucher.

e) Unless otherwise specifically stated on the Voucher, any discounts related to any Voucher applies to the price of any ordered Meals only and not to delivery charges, which will be charged at normal rates.

f) We reserve the right to exclude the use of the Voucher on specific products offered for purchase via the Platform.

7. Cancellations and Refunds

We handle and process refunds of our fees in accordance with the Australian Consumer Law:

a) refunds are made at our discretion and are subject to any guarantees that cannot be excluded under the Australian Consumer Law; and

b) except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the completion of the Service or, if we determine, in our discretion, it is reasonable to do so.

Where a cancellation or refund is requested and approved by FoodSt, we will provide credits to the value of the price of the Meals you would like refunded.

If you would like to cancel your order, you must do so more than 24 hours before the estimated delivery date, or we may not be able to offer you the full monetary value of credits for your cancelled order.

8. Intellectual Property Rights

In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in our Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on our Platform (collectively, Platform Content). Your use of and access to our Platform does not grant or transfer any rights, title or interest to you in relation to our Platform Content.

You may access our Platform using a web browser or mobile device, and electronically copy and print hardcopy our Platform Content solely for your personal, non-commercial use.

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within our Platform unless expressly stated otherwise in these Terms or as agreed in writing by us.

9. Platform Content

We may enable other customers to make comments and/or ratings in relation to the Services, Meals and Platform provided by us (Comments). If you choose to publish your Comments on the Platform, you agree that such opinions are your own and that of no other individual or persons.

While we may monitor Comments, we have no responsibility for policing, monitoring or editing such content. We cannot be responsible for any Comments published on the Platform that may be offensive or harmful to others.

Our Platform may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third party products and services.

10. Acknowledgements

To the fullest extent permitted by law, you agree and acknowledge that:

a) the Meals that you purchase via our Platform are provided “as is” and “as available” and the entire risk arising out of your use of the Meals offered on our Platform remains solely with you;

b) we do not control, endorse and are not responsible for any Cook Content;

c) we provide nutrition information panels on our Platform for Meals as a guide only and we make no warranty or representations as to the accuracy, quality, nutrition, inclusion or absence of ingredients (including allergens or meat) of the Meals offered on our Platform;

d) we make no warranty or representation that the Meals will be delivered to you in your designated time slot;

e) in the event that the Meals are delivered when you are not home, we will not be responsible for the condition of the Meals if they are left outside, especially due to environmental factors which are out of our control. We will also not be responsible for Meals that are stolen or go missing;

f) risk in the Meals will pass to you at the time of delivery;

g) we retain complete control over our Platform and may alter, amend or cease the operation of our Platform in our sole discretion;

h) we make no warranty or representation that our Platform will be continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;

i) we are not liable for any loss if our Platform is not accessible due to third party actions, including but not limited to maintenance services, internet service providers, Third Party servers, nefarious hacks or distributed denial of service attacks; and

j) we may remove any content, material and/or information, including any Cook Content, without giving any explanation or justification for removing the material and/or information.

11. Exclusion and Limitation of Liability

To the fullest extent permitted by law, we will not be liable to you or to anyone else for any direct or indirect loss or damage, including but not limited to consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:

a) your use of our Platform or Services;

b) your reliance on information provided by the Cooks;

c) the Cook Content;

d) any Cook breaching or failing to comply with any applicable laws; and

e) any information provided by a Cook that could or does result in loss, injury or death,

even if we have been advised of the possibility of such loss.

In the event we are liable for any of the above types of loss under this Agreement, our total liability to you will not exceed the fees paid or payable by you for the Services in the preceding month, or up to a maximum of $1,000, whichever is less.

To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms. However, we do not exclude any claims relating to:

a) a breach of our obligations set out in the Competition and Consumer Act 2010 (Cth) or any other similar applicable legislation; and

b) any other matter for which it would be illegal for us to exclude our liability.

Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:

a) the re-supply of the services or products; or

b) the payment of the direct cost of having the services or products resupplied.

12. Privacy

We will collect, use and disclose any personal information you provide us when accessing or using our Platform in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.

13. Indemnity

    You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of our Platform, purchase and consumption of the Meals, the Cook Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.

    14. Termination

      We have the right to terminate this Agreement at any time.

      We reserve the right to:

      a) cease operating our Platform, without notice and for any reason; and/or

      b) terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms.

      If one of the events described in this clause 14 occurs, then:

      a) you will not have any access to our Platform, your Account or to make a purchase of any Meals; and

      b) we will not be liable for any costs, losses or damages arising as a result of terminating your access to our Platform.

      15. Complaint Management

        If you are dissatisfied about any aspect of our Service, the Platform, the Meals or your purchases on the Platform, please write to us at hello@foodst.com.au setting out the details of your complaint (Complaint). All Complaints must be made to us within 7 days of receiving the order to which it relates.

        Upon receiving notification of your Complaint, we will investigate the circumstances and attempt to facilitate a resolution to your satisfaction.

        All communications concerning negotiations made by the Disputants in connection with this Complaint resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of the applicable law of evidence.

        16. General Provisions

        a) Waiver

          No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

          b) Severability

          If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

          c) Force Majeure

          We cannot be responsible for any failure to perform, delay in performance of our obligations caused by events outside our reasonable control.

          d) Law and Jurisdiction

          These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the Courts of New South Wales for determining any Complaint concerning these Terms.

          e) Feedback and Contact

          Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to our Platform, our Service and the Meals offered on our Platform (Feedback). You may submit Feedback by contacting us at hello@foodst.com.au.


           

          Terms last updated August 2021

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