Introduction
This platform and its contents ("the Platform") is owned and operated by FoodStreetCo Pty Ltd (ABN: 15 607 740 867) of PO Box 737 Avalon NSW 2107 (“FoodSt”).
By accessing or using the Platform, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in these Terms of Use, the Privacy Policy and elsewhere on the Platform (known collectively as “Terms and Conditions”).
The Terms and Conditions govern both your use of this Platform and the supply of meals from the cooks who advertise on the Platform (together, “the Service”).
FoodSt reserves the right to amend these Terms and Conditions at any time. We therefore encourage you to check this document each time you visit the Platform. By accessing the Service, you agree to be bound by these Terms and Conditions.
Purpose
FoodSt brings together home cooks (“the Cooks”) and individuals who wish to purchase home cooked food. FoodSt does not cook the food, but facilitates the transaction between individuals and Cooks.
Ordering and picking up meals
The Cooks determine what meals they make available and advertise through the Platform, and the time at which those meals will be made available. All meals are subject to availability and offered in the absolute discretion of the Cooks. FoodSt does not guarantee the availability of meals from Cooks.
FoodSt does not prepare or take responsibility for any products prepared and packaged by the Cooks, and also takes no responsibility for the quality or freshness of the meals.
The Cooks may use nuts and other allergenic ingredients when preparing meals. FoodSt does not guarantee that any meals sold by the Cooks are free of allergens.
Prices
The prices of meals will be listed on the Platform. Prices include GST. Prices will vary from menu to menu. Prices are subject to change at any time, but changes will not affect orders already placed, unless there is an obvious mistake, whereby we will notify you as soon as we can about the pricing issue.
Payment for meals can be made via use of a credit or debit card through the Platform. Once your order is confirmed your credit or debit card (or digital wallet which you can make payments from to use the Service, as applicable) will be charged the relevant amount. Payment is made to FoodSt and passed onto the relevant Cook.
Liability
To the maximum extent permitted by law, FoodSt provides this Service and the content on “as is” and “as available” basis and makes no representation or warranty of any kind, express or implied regarding the content or availability of the Service, or that it will be timely or error free or that defects will be corrected.
To the extent permitted by law and subject to the operation of the Australian Consumer Law, FoodSt and Cooks expressly disclaim all warranties and conditions regarding any portion of the Service, including but not limited to implied warranties and conditions of fitness for a particular purpose, merchantability, and all responsibility for any loss, injury claim, damage of any kind whatsoever, including arising from:
To the extent permitted by law, FoodSt and the Cooks shall have no liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use or inability to use the Service. Unless specified otherwise and to the extent permitted by law, if FoodSt or any Cook is liable to you, then the aggregate liability is limited the cost of the meal you paid for.
To the maximum extent permitted by law, if any warranties or conditions are implied or imposed by law and cannot be excluded, our liability for any breach of those warranties or conditions are limited, at our option:
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law as set out in Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia, unless FoodSt is legally able to, in which case FoodSt limits its liability to the maximum extent permitted by law.
Indemnity
You agree to indemnify and keep indemnified FoodSt, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Platform (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.
Competitions and Promotions
Certain parts of the Platform may contain competitions or promotions from FoodSt or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Platform from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, FoodSt specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.
Intellectual Property & Restrictions On Use Of Content
The Platform is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Platform contains trademarks, intellectual property and copyright protected works which is owned by FoodSt, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Platform for your own personal use or as otherwise indicated on the Platform or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Platform, or incorporate any part of the Platform into another site without FoodSt's express consent.
Termination and Cancellation
FoodSt reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Platform. Without limiting the operation of any other Terms and Conditions herein, FoodSt will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on FoodSt's liability will survive such termination.
Links to Third Party Sites & Third Party Advertisements
FoodSt assumes no responsibility and accepts no liability for the condition or content of third party sites that may be linked to or accessed from the Platform. Except as FoodSt may specifically direct otherwise, FoodSt does not authorise the content of those third party sites. The Platform may also contain third party advertisements which contain embedded hyper-links to sites operated by third parties. The placement of third party advertisements on this Platform does not necessarily constitute the recommendation or endorsement of FoodSt for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
Content posted by users
FoodSt may provide individuals with the ability to rate or provide testimonials in connection with the Cooks. If the individual does rate or provide any testimonial, the individual agrees to only rate or provide a testimonial that truly reflects their own opinion.
You are solely responsible for all content that you post or communicate via the Services. We make no warranties or representations about accuracy, reliability or otherwise of any information provided via users of the Services.
Unless indicated otherwise, FoodSt is a distributor only of content supplied by users through the Services. We shall not be responsible for policing, monitoring, or editing such content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, FoodSt shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by users and in order to determine compliance with these Terms and Conditions. FoodSt shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of these provisions or which it finds in its sole discretion to be otherwise objectionable for any reason.
The opinions expressed by users are not necessarily (and in some cases not at all) those of FoodSt. FoodSt is not responsible for any materials provided by users which are deemed harmful or offensive to others. FoodSt is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided by users of the Services, to the maximum extent permitted by law.
All statements, advice and opinions made by users are those of such users only, and FoodSt neither endorses nor shall be held responsible for the reliability or accuracy of same.
Applicable law
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
FoodSt makes no representation that the content of the Platform complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
