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TERMS OF SERVICE

1.   Introduction

Last updated 25 April 2021

Please read these Terms of Service carefully. By accessing or using the website located at https://www.chefprep.com.au , which is operated by ChefPrep Pty Ltd (“ChefPrep”; “us” or “we”) or any other software, service or feature enabled by the website and any mobile application (collectively the “Service”) you agree to the following Terms of Service. These Terms of Service constitute a binding legal agreement between you (“you” or “User”) and ChefPrep regarding your use of the Service.

By visiting our Service, you use our Service and you agree to be bound by the following:

ChefPrep operates a marketplace of independent food service providers (“Merchants”). Through use of the Service, you are able to order food from Merchants and arrange for delivery of such food by an independent delivery provider (“Delivery Provider”). ChefPrep does not directly supply or sell food and/or perform the delivery service. To this extent, ChefPrep has no responsibility or liability for acts or omissions of Merchants or Delivery Provider other than as set out in these Terms of Service.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers or content creators. Use of the Service is limited to your personal, non-commercial and non-exclusive usage.

By using our Service you acknowledge that you have read, understood and agreed to the Terms of Service. If you are using our Service on behalf of a company, trust, partnership or organisation (collectively “Entity User”), you represent and warrant that you are an authorised representative of the Entity User and that you have authority to bind the Entity User to these Terms of Service.

ChefPrep, at its sole discretion, may change, modify and adapt the Terms of Service at any time by making amendments to this Terms of Service. We encourage you to regularly check the Terms of Service for changes. It is your responsibility to be aware of our current terms and we recommend you check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2.   Use of Service

You must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.

To use the Service you must be the legal age of majority where you reside. If you are 13 years or older (“Minor”), you may only use the Service under the supervision of a parent or legal guardian. If you are a Minor, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms of Service on your behalf. Even if we do this, by creating an account in accordance with section 4 (below), you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.

If you are a parent or guardian who has permitted a Minor, you agree to:

    • exercise supervision over the Minor's use of our Services;
    • assume all risks associated with the Minor's use of our Services and their account, including the transmission of content or information to and from third parties via the internet;
    • assume any and all liabilities resulting from the Minor's use of our Services and their account;
    • ensure the accuracy and truthfulness of all information submitted to us by the Minor; and
    • provide the necessary consents contained in these Terms on behalf of the Minor.

If you are under 13 years of age, you are not permitted to use the Service. We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into for our Services by that Minor.

The Service permits you to order food (“Products”) which will be prepared by the relevant Merchant(s) in your jurisdiction for collection by our Delivery Provider. We are reliant on the Merchants to provide the Products and Delivery Providers to provide the delivery services. Any information on the website or otherwise provided to you in relation to the Products and Services is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information. Despite our use of reasonable endeavours to verify the identity of Merchants on the website, you acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Merchant, nor the capacity, ability or willingness of the Lister to deliver or transact with you.

All orders are required to be placed in accordance with the cut-off dates and times listed on our Delivery Policy and you will receive your order on the Delivery Day set out in the Delivery Policy in accordance with the delivery window that you select in the checkout process.

You acknowledge and agree that ownership in the Products will pass to you on payment of all costs relating to the Products (including all delivery costs) and that Products will be at your risk upon delivery to you. You will be responsible for ensuring Products are refrigerated in a timely manner following delivery and you accept responsibility for any loss or damage to occur to Products following their delivery.

All deliveries will be made in accordance with the terms of the Delivery Policy and ChefPrep reserves all rights to change the Delivery Policy and to determine delivery locations for the Products.

You acknowledge that we may use any information you provide to us in accordance with our Privacy Policy.

3.   Privacy Policy

ChefPrep takes privacy very seriously. Please closely review our Privacy Policy for information on what personal information we collect, how we collect this information and use this information and how we disclose such information.

You acknowledge that we may use any information you provide to us in accordance with our Privacy Policy.

4.   Account

In order to use the Services and to purchase Products, you may be required to set up an account with ChefPrep. We reserve the right to decline your registration request if you do not pass our verification process. If you register for an account, you represent and warrant to us that the data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness, and accuracy of your account data as necessary and/or as required by us. You are solely responsible for your account and maintaining confidentiality of your account. You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account. You are not permitted to sell, licence, share or provide access to anyone else without the prior written consent of ChefPrep.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

5.   Modifications of the Service and Prices

Until you have received a notification of your order being accepted post payment, prices for our Products and any delivery charges are subject to change without notice. All prices listed on the Marketplace are in Australian Dollars and inclusive of goods and services tax (GST) unless otherwise specified. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change for Products or delivery charges, suspension or discontinuance of the Service.

6.   Products and Services

Certain Products may be available exclusively online through the Service. You acknowledge and agree that a listing on the website for the provision of the Products or delivery services constitutes mere information, and does not form part of any offer to sell those Products and/or services. All replacement, exchanges or refunds of Products shall be conducted in accordance with our Refund Policy.

Payment for all Products must be made by credit card or debit card (unless otherwise stated on the Service) and orders will be issued to the relevant Merchant(s) for fulfilment once payment has been cleared through our Service. Your order will only be processed, and the contract for the supply of the Product will only come into existence, when you receive a notification that your order has been accepted by ChefPrep after payment has been processed. You acknowledge that the prices for Products offered on the Service may differ from the prices offered by third party services for the same Products and ChefPrep makes no warranty that Products on the Service are the lowest prices at which the Products are sold.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right on behalf of Merchants to limit the quantities of any Products that we offer. All descriptions of Products and Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time.

Subject to with any applicable obligations under the Competition and Consumer Act 2010 (Cth) or other applicable Australian Consumer Law, we do not warrant that the quality of any Product will meet your expectations, or that any errors in the Service will be corrected. You acknowledge that while ChefPrep takes all reasonable steps to ensure that Product descriptions and Product information on the Service is correct and accurate, ChefPrep cannot warrant that such information is true, accurate and error-free. ChefPrep does not accept responsibility for Product description and Product information posted on the Service by third parties (including Merchants and Delivery Providers) and cannot warrant that such information is accurate or error-free.

7.   License of ChefPrep Materials

Unless otherwise indicated, all content, information, data and materials on the ChefPrep (excluding the User Material described in Section 10), including without limitation all trademarks, logos, graphics, illustrations, designs, software, computer code, information, data, services, text, pictures, files, music and videos (collectively “ChefPrep Materials”) are the sole property of ChefPrep, its assignees and licensees. You agree not to sell, license, distribute, copy, adapt, modify, display, transmit or otherwise use the ChefPrep Materials without the prior written consent of ChefPrep.

You may access and use the website for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Services, or website on another website or commercialise any information obtained from any part of the Services, or website without our prior written consent.

8.   Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, impose minimum order requirements (including minimum order values) or limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9.   Refund Policy

Please see out Refund Policy for more details.

10.   User Material and Ratings and Reviews

Users may have the ability to post and upload content (“User Material”) on ChefPrep. You hereby acknowledge and agree that if you upload, publish or submit User Material for inclusion on the Service, it will be accessible to other users and you warrant that such User Material is not breaching any third party rights (including, but not limited to, any intellectual property rights, moral rights, rights of confidentiality or privacy).

You retain all copyright in your User Material and you hereby grant us and our sublicensees a non-exclusive, royalty-free, worldwide, freely sublicensable, irrevocable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Material in any all media now known or hereafter devised. In addition, you grant us and our sublicensees the right to use your name, likeness and image in connection with the use of your User Material to promote or advertise ChefPrep without any consideration to you.

To the extent that you rate or post reviews of any Products or Merchants (“Ratings and Reviews”), such Ratings and Reviews will constitute User Material and are governed by this Terms of Service. ChefPrep does not assume liability or responsibility for Ratings and Reviews posted on the Service. You hereby agree to comply with the following terms when posting a Ratings and Reviews on the Service:

  1. your Ratings and Reviews will be based on honest and accurate first-hand experience of the Product and the Service;
  2. you will not submit any Ratings and Reviews in exchange for any direct or indirect benefits from the Merchants; and
  3. your Ratings and Reviews will otherwise comply with this Terms of Service.

ChefPrep reserves all rights, in its sole discretion, to remove any Ratings or Reviews that it determines do not comply with this Terms of Service.

You also agree and accept that you will not contact any Merchants (or individuals or entities previously listed as Merchants) outside of our Services without our prior given written consent.

11.   Prohibited Conduct

In addition to complying with these Terms of Service, you agree not breach any laws, intellectual property rights, third party rights and you acknowledge that you are solely responsible for your activities and conduct on the Service.

You agree that you will not:

  1. Create, post, upload, publish, transmit or disseminate material (including Ratings and Reviews) that is defamatory, inaccurate, obscene, pornographic, abusive, discriminatory, threatening, harassing or otherwise deemed inappropriate ChefPrep;
  2. Post, upload, transmit or disseminate any programs that contain viruses, programs or files intended to damage, destroy or interfere with the functionality of any software, hardware or device;
  3. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  4. engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;
  5. attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website;
  6. “frame” or “mirror” any part of the ChefPrep or use meta tags or code or other devices containing any reference to ChefPrep in order to direct any person to any other website for any purpose;
  7. Modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the ChefPrep or any software used on or for ChefPrep or cause others to do so;
  8. Collect or harvest any personal information about other users whether or not for commercial purposes, without ChefPrep’s prior written consent;
  9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the ChefPrep;
  10. Impersonate any person or entity, falsely claim an affiliation with any person or entity or access ChefPrep using any false, misrepresented information or by fraudulent means;
  11. Express or imply that any statements made by you are endorsed by ChefPrep without ChefPrep’s prior written consent; and
  12. Make unsolicited offers, proposals or advertisements, or send spam or junk email to other users of ChefPrep.

For the avoidance of doubt, ChefPrep accepts no responsibility and assumes no liability for any User Material or from any damage or loss arising from the User Material.

You must also take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.

12.   Third Party Services

ChefPrep may use third party content and platforms on the Service (“Third Party Services”). Third Party Services may include third party platforms, third party logins, APIs or other integrations with the Service. The functionality of the Service may be impaired by your failure to use Third Party Services and you will be responsible for any impairment of functionality that arises from your failure to use Third Party Services.

You agree that your use of any Third Party Services is governed by the terms of service for such Third Party Services. You acknowledge that your personal information may be collected by Third Party Services in accordance with the Third Party Services’ privacy policy.

ChefPrep is not responsible for providing you with customer service or assistance in relation to Third Party Services. ChefPrep is not responsible or liable for functionality of Third Party Services.

You agree that your use of any Third Party Services is governed by the terms of service for such Third Party Services. You acknowledge that your personal information may be collected by Third Party Services in accordance with the Third Party Services’ privacy policy.

ChefPrep is not responsible for providing you with customer service or assistance in relation to Third Party Services. ChefPrep is not responsible or liable for functionality of Third Party Services.

In addition, ChefPrep may link or publish content from other Third Party Services (“Third Party Materials”). ChefPrep does not endorse such Third Party Materials and you agree that any access and use of the Third Party Materials is solely at your own risk.

13.   Termination

ChefPrep, in its sole discretion, may terminate any account (or any part thereof) and may remove any account, profile or User Material (or any part thereof) at any time. ChefPrep, in its sole discretion, may discontinue providing users with access to the ChefPrep service at any time and without notice. You agree that ChefPrep will not be liable for any removal, discontinuation or denial of access and your remedy for displeasure with ChefPrep, these Terms of Service, any policy or practice of ChefPrep or any content or information transmitted via the ChefPrep service is to cancel your account and discontinue using the Service.

14.   Indemnification

You agree to indemnify and hold harmless ChefPrep, its affiliated entities, directors, employees, contractors, agents, third-party suppliers, licensors, assignees and partners from any claims, losses (including legal fees and expenses), damages and liabilities arising out of (i) a claim, proceeding, suit or demand that is made or threatened against ChefPrep as a result of your use of the Services; (ii) your breach of these Terms of Service; (iii) your misuse of the Service; (iv) any User Material you upload, store and disseminate via the Service; and (v) your breach of any third party rights. ChefPrep reserved the right (at your cost) to assume defence and control of any claim which arises from a matter for which you are required to indemnify ChefPrep and you agree to cooperate with ChefPrep’s defence of such claims.

You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Merchant due to your actions, and you indemnify us from and against any and all claims by any Merchant in relation to your actions (including content created and posted by you).

These indemnities in Section 14 survive the termination of these Terms of Service.

15.   Disclaimerand No Warranties

If you are a consumer, you have certain rights under consumer protection legislation, including under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“Consumer Rights”) which cannot be excluded or limited by ChefPrep. Nothing in these Terms of Service is intended to exclude, limit or modify your Consumer Rights.

Subject to your Consumer Rights and to the extent permitted by applicable law, ChefPrep (and its affiliates, partners and suppliers) disclaim all representations, warranties (whether express or implied) and guarantees except as expressly set out in these Terms and Conditions. ChefPrep does not give any warranty in relation to any Products ordered via the Service and collected and delivered to you by the Delivery provider which may give rise to any claim for damage or loss suffered as a result of any person consuming the Products (including, but not limited to, any allergic, intolerant or other reactions to the Products) or any theft, loss or damage to the Products after delivery.

This clause survives termination or expiry of these Terms of Services.

16.   Limitation of Liability

To the extent permitted by law, ChefPrep excludes all liability for any damages or loss suffered by you (including without limitation any economic loss, loss of profits, loss of data, direct, special, indirect or consequential loss, whether in an action in contract or tort) in connection with:

  1. viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the website or downloading of any material posted on it or on any website linked to it;
  2. Your use of the Service and your reliance on the Service (including any information or links contained therein) and/or its continued functionality or availability;
  3. Your use or consumption of the Products (including, but not limited to, any allergic, intolerant or other reactions to the Products);
  4. Any dealing you have with the Merchants or Delivery Provider via the Service;
  5. Any use of Third Party Services through the Service; and
  6. Any failure of Service to meet its obligations under these Terms of Service.

We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.

The maximum liability of ChefPrep (and its affiliates, partners and suppliers) is limited to the resupply of the relevant Product, or payment of the cost of resupplying the relevant Product and Services again.

Terms and Conditions is intended to exclude or limit any conditions, warranties, rights or liabilities which may not be lawfully excluded or limited. Only liabilities and other limitations which are lawful in your jurisdiction will apply to you.

This clause survives termination or expiry of these Terms of Services.

17.   Miscellaneous

Notice

ChefPrep may provide you with notices by email or posting on the Service. Notices will be deemed to have been given twenty four (24) hours after an email is sent, unless ChefPrep receives a notification that the email address is invalid or that the email has bounced back. Your continued use of the Service after the posting of any changes to the Terms of Service constitutes your acceptance of the changes. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.

Disputes

If you have a complaint about the performance of these Terms of Service or the Services, you will contact us in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

Waiver

No failure of ChefPrep to exercise or enforce any provisions or rights under these Terms of Service will constitute a waiver of such provision or right.

Governing Law and Jurisdiction

These Terms of Service are governed by the laws of New South Wales, Australia. You agree that any action at law or equity arising out of or relating to the Terms of Service will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

Severability

If any provision of the Terms of Service is deemed to be unlawful, void or unenforceable, then that provision will be severed from the Terms of Service to the minimum extent necessary to give effect to the validity and enforceability of any remaining provisions.