WEBSITE TERMS AND CONDITIONS
DATED: 17 March 2016
In these terms and conditions, “we” “us” and “our” refers to Teena Thaliyath trading as HAT Solutions Pty Ltd. (ACN 611 087 364), the owners and operators of this website (address: www.hometaste.com.au). “You” and “your” refers to the user of this website, whether as a consumer who is purchasing food (Buyer) or a user who is selling food in its capacity as a home-based chef or a retail food outlet (Seller)
Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions.
We reserve the right to amend these terms and conditions at any time. Your use of the website after any amendments will represent your agreement to be bound by the amended terms and conditions. We therefore recommend that each time you access our website you read these terms and conditions.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Services
5. Any products and services offered or provided on the website are for adults over the age of 18 years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
6. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
7. This website provides a platform for a Buyer to purchase food from a Seller (Service).
8. A purchase on this website forms a contract between the Buyer and Seller for the Seller to provide food available for pick up or delivery at a time with the details of the food to be provided, the cost of the food in Australian dollars, the collection time and any other arrangements with regards to collection of the food to be as specified at the time of ordering. The underlined details are referred to in these terms and conditions as the Order.
9. If a Seller has set a minimum amount for the Buyer to spend before an Order can be placed, that minimum amount must be met by the Buyer including the application of any discounts, coupons or special offers that may be available for the Buyer to use on Orders for that Seller.
10. Low Fat or Low Calorie accreditation is granted to menu items on this website that use only low fat or low calorie ingredients respectively. This accreditation is provided based on information about those menu items as provided by Sellers.
11. Any Order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Seller. When you place your Order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. You must inform us immediately if any details are incorrect. If the product for which you placed the Order is not available or if we are not able to your deliver to your location, we will inform you via a phone call or SMS, subject to you providing a contact phone number and / or mobile phone number.
12. All delivery charges listed on the Website are correct at the time of publication and may be subject to future changes.
13. The total price of the Order including delivery charges and other charges, will be displayed on the website when you place your order. Full payment must be made for the Order in accordance with the payment methods available on the website.
14. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
15. If a customer pays twice for the same order by mistake, the extra amount will be refunded via the same method in which payment is made within 20 working days of you notifying us of the mistake.
16. All orders are delivered by the Seller or a third-party delivery service (Delivery Service). In the event that you select a Seller who delivers the Order itself, the Seller is solely responsible for delivery of the Order within the terms of the Order. Please note that delivery times quoted at the time you place your Order are approximate only and may vary. In the event that your order requires delivery by the Delivery Service, we are responsible for delivery of the Order, however we take no responsibility for late delivery due to reasons beyond our control.
17. In case of a late delivery, the delivery charge will neither be voided nor refunded and neither the Seller nor us shall be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
18. If you fail to accept delivery of the Order at the time it is delivered, or we are unable to deliver at the time nominated in the Order due to your failure to be present at the delivery address or provide appropriate instructions or authorisations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
19. You must ensure that at the time of delivery of the Order that adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
20. The Seller or the Delivery Service will make its best endeavours to deliver the Order to the location and at the time nominated in the Order and will aim to inform you if they expect that they are unable to meet the estimated delivery time.
21. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
22. In the unlikely event of non-delivery of the Order for reasons not caused by you, we will refund the full amount of the Order to you including delivery charges, within 20 working days via the same payment method by which the payment was made.
23. You must notify us immediately if you decide to cancel your order, preferably by phone, and quote your order number. Orders can only be cancelled 24 hours or more before the scheduled delivery time for the Order.
24. For cancellations after the cut off period, if the Seller accepts your cancellation, no cancellation fee applies. If the Seller refuses cancellation on reasonable grounds, eg. because preparation of the Order has commenced and/or delivery personnel have been arranged, a cancellation fee up to 100% of the amount paid for the Order will apply according to the costs the Seller has incurred. We will not be able to refund any order, which has been already prepared and / or dispatched.
25. We may cancel an Order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
26. Where a refund is owing due to a cancellation, this amount will be refunded to you within 20 working days via the same payment method by which the payment was made.
27. In the unlikely event that we deliver any or all of the items in the Order incorrectly, you have the right to reject the delivery of the wrong item(s) and you shall be fully refunded for the missing item(s). If we can only do a partial delivery, we will inform you as soon as is practicable and you may choose either a replacement for the missing item(s) or to receive a refund for the missing item(s).
28. Our website and services must not be used to conduct or facilitate unlawful activities, or accessed via any methods that are unlawful in your jurisdiction.
29. You warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
30. You warrant that the Order is for your use only and not for resale and that you are not acting as an agent for another party when making the Order.
31. When using any communication methods provided by the website, you must ensure that the communication does not defame, harass, or cause other harm to another party, even if that party is not the recipient of the communication. You agree to indemnify us of any claims, damages, losses caused to another party as a consequence of your communication.
32. You must not attempt to gain unauthorised access to the website or any computerised system related to it. Unauthorised access includes, but is not limited to, access by: bypassing security mechanisms, exploiting flaws in software or hardware, signal interception, using another user’s security credentials without permission, or physical access without our explicit prior written consent.
33. If you are a registered user, we reserve the right to terminate your registration if we reasonably suspect a breach of any User Conduct terms. We may also report criminal misconduct to law enforcement authorities. You agree to indemnify us of all liability in connection with such termination and/or report.
34. It is the sole responsibility of the Buyer to collect an Order at the time specified in the Order and neither the Seller nor we are liable for any loss, damage or inconvenience caused by delayed collection of the food and other items that are comprised in the Order.
35. It is the sole responsibility of the Buyer to preserve, prepare and consume the food, as applicable, in accordance with the instructions provided by the Seller. Neither the Seller nor we are liable for any loss, damage or inconvenience caused by improper handling of or contravention of the Seller’s instructions relating to the food and other items that are comprised in the Order.
36. Sellers warrant that they have applied due care and skill in preparing and delivering (if applicable) the Order, including but not limited to complying with the Regulations.
37. Sellers can be removed at any time from this website, without notice, for failure to comply with the policies of this website as provided and varied from time to time.
38. Sellers must provide the details of products it intends to sell on the website including names of products, key ingredients, allergens and other relevant information as requested by us
39. While we endeavour to take reasonable care in keeping this website up-to-date, we do not warrant the accuracy or completeness of its contents. In particular, you acknowledge and accept that the website content may include technical inaccuracies and typographical errors; and there can be reasonable delays between when changes are made to our products and services and when the website content is updated to reflect those changes.
40. Despite our reasonable efforts in maintaining access to the website, there may be times when the website is inaccessible or its performance is degraded. To the maximum extent allowed by the law, we accept no liability from any losses or damages arising from accessibility or performance issues of the website.
41. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
42. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
43. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
44. When you visit our website, we give you a limited licence to access and use our information for personal use.
45. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
46. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
47. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
48. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any way without the respective rights-holder’s written permission.
49. Any comment, feedback, idea or suggestion (Comments) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
50. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
51. All Intellectual Property rights extend to any works derived from the contents of our website.
52. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose.
53. Please note that some products on our website may be suitable for certain age ranges only. You should check with the Seller that the product you are ordering is suitable for the intended recipient.
54. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
55. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
56. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
57. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material. We are not responsible for any errors or omissions in such material, or liabilities arising from their use.
58. We may subcontract any part or parts of the Service and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. We may alter or vary the Terms and Conditions at any time without notice to you.
60. If any term or condition of the Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
61. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
Statutory Guarantees and Warranties to Consumers
62. Schedule 2 of the Competition and Consumer Act 2010, known as the Australian Consumer Law (“ACL”), prescribes certain rights and responsibilities of businesses and consumers in Australia. These include statutory guarantees which businesses must give to consumers.
63. More information regarding the ACL can be found at: http://consumerlaw.gov.au
64. If you are a consumer of our goods or services within the meaning of the ACL, then we give you a warranty that if the goods or services we supply to you are defective at the time of supply, then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
65. We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to email@example.com.
Limitation of Liability
66. If you are not a consumer within the meaning of the ACL then this clause applies to you. If you are not a consumer within the meaning of the ACL:-
a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the re-supply of the services or payment of the costs of re-supply.
b. We accept no liability for any loss whatsoever, including consequential loss suffered by you, arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
d. We do not participate in any way in the transactions between our users.
67. If you are a consumer within the meaning of the ACL, our liability, guarantees and warranties to you are strictly limited to those you are entitled to under the ACL.
68. By accessing our website, you agree to indemnify and hold us faultless from all claims, actions, damages, costs and expenses, including legal fees arising from or in connection with your use of our website.
69. These terms and conditions are to be governed by and construed in accordance with the laws of the Australian Capital Territory. Any claim made by either party against the other which in any way arises out of these terms and conditions, will be heard in Australian Capital Territory and you agree to submit to the non-exclusive jurisdiction of Australian Capital Territory.
70. If any provision in these terms and conditions is invalid under any law, those provisions will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
71. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.