WEBSITE TERMS AND CONDITIONS

HANGRYCUB.COM


Effective Date: 13 September 2021


These terms and conditions (hereinafter "Terms") govern Your use of the website “www.hangrycub.com” (which is hereinafter referred to as "the Website").

The Website is owned and operated by VEG MENU PTY LTD (ACN 630 427 262).

These Terms constitute a binding contract between You and VEG MENU PTY LTD (ACN 630 427 262).

In connection with Your use of the Website, we may also provide You with access to various other content, documentation, materials, information, goods or services. In these Terms, we refer to all of these items collectively as "the Items".

These Terms will govern Your use of all pages of the Website, as well as Your use of the Items.

If You continue to use the Website, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.

If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Website immediately.


1. DEFINITIONS

"Australian Consumer Law" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Website, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Website, Content and Materials.

“Consumer” means a person (or other legal entity) which purchases Meals via the Website. A person may be both a Consumer in relation to some Meals and a Provider in relation to some other Meals.

"Content" means any content, writing, images, audiovisual content or other information published on the Website.

"Contract" means these terms and conditions.

"Dispute" means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.

"Effective Date" means the date that these Terms come into force.

“Goods” means any or all goods provided by or on the Website.

"GST" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

"Identifying Information" means information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name and a password.

"Items" means any and all of the Website, Goods, Services, Content and Materials collectively.

"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Services or Website including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Services or Website.

“Meals” means meals that are Provided and/or prepared by a user and offered for sale to other users via the Website.

"Parties" means both You (the user of the Website) and Us (the owner of the Website) collectively.

“Provider” means a person (or other legal entity) which offers Meals for sale via the Website. A person may be both a Provider in relation to some Meals and a Consumer in relation to some other Meals.

"Services" means any or all services provided by or on the Website.

“Service Fee” has the meaning defined in clause 30 of these Terms.

"Terms" means these terms and conditions.

"Third Party Goods and Services" means Goods and/or Services sold by third parties via the Website or via Third Party Links.

"Third Party Links" means links or references to websites or applications other than the Website, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.

"Us", "We", "Our", "the Company" or "the Owner" refers to VEG MENU PTY LTD (ACN 630 427 262).

"Us", "We", "Our", "the Company" or "the Owner" also includes any employees, affiliates, agents or other representatives of VEG MENU PTY LTD (ACN 630 427 262). 

"Website" means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at www.hangrycub.com.

"You" or "Your" refers to the user of the Website.

"Your Content" means any Content posted to or added to the Website, Content or Materials by You or by somebody authorised by You or doing so on Your behalf, whether such Content is provided by way of posts, comments, tags, or is otherwise shared, uploaded, added or posted to the Website.


2. INTERPRETATION

a. In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:

I. Words referring to one gender include every other gender.

II. Words referring to a singular number include the plural, and words referring to a plural include the singular.

III. Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.

IV. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.


3. YOUR AGREEMENT AND REPRESENTATIONS

a. By continuing to use the Website and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.

b. By continuing to use the Website and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.

c. By continuing to use the Website and the Items You represent and warrant to Us that You have complied with all of these Terms.


4. AGE AND LOCATION RESTRICTION

a. In order to use the Items, You must be aged at least 18 years.

b. In order to use the Items, You must be located in Australia.

b. By using the Items, You represent and warrant that You are aged at least 18 years and are located in Australia.

c. We accept no responsibility or liability for any misrepresentation of Your age or location.


5. LICENCE TO USE WEBSITE, CONTENT AND MATERIALS

a. We may provide You with certain other Items in connection with Your use of the Website.

b. Subject to these Terms, We grant You a licence to use the Website, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.

c. You may not use the Website, Content or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Website, Content and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.


6. SALE OF GOODS/SERVICES 

a. We may sell Services or may allow third parties to sell Services on the Website. If this occurs, then some specific exclusions of liability will apply, as described in the "Exclusion of Liability" clause.

b. Please refer to Our additional terms and conditions for sale of services as applicable.


7. EXCLUSION OF LIABILITY

a. The Website, Content and Materials are provided for general information only and may change at any time without prior notice.

b. You accept and acknowledge that the Items may contain mistakes, errors and inaccuracies.

c Your use of the Website, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Website suits Your particular purpose.

d. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.

e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.

f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.

g. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.

h. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.

i. for Goods and/or Services sold by third parties via the Website or via Third Party Links (hereinafter "Third Party Goods and Services"):

I. You acknowledge and agree that We have no control over those Third Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.

II. You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of Third Party Goods and Services.

III. For any claim You may have against the third party provider of the Third Party Goods and Services (such as the manufacturer or vendor) You agree to pursue that claim directly with that third party provider of the Third Party Goods and Services and not with Us.

IV. To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services including any and all warranty and Website liability claims.


8. INDEMNITY

You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.


9. TERMINATION

a. We may immediately terminate these Terms at any time, with or without cause.

b. We specifically reserve the right to terminate these Terms if You breach these Terms in any way.

c. These Terms terminate automatically if we cease to operate the Website for any reason.

d. If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.

e. At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the "Exclusions of Liability" clause.


10. OTHER ACTION

a. We reserve the right to take any of the following actions in Our sole discretion:

I. Monitor, review, edit or delete any Content which You have added, uploaded or posted to the Website or through the other Items, whether or not You have breached these Terms.

II. Record any correspondence that occurs in public sections of the Website.

III. Review any allegations about breaches of these Terms, and determine in Our sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches.

IV. Determine in Our sole discretion whether to terminate Your or another Website user's access to any particular section or sections of the Website or other Items.


11. ACCEPTABLE USE

a. You agree not to use the Website or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or the Items in any way that could damage the Website, the Items, or Our general business.

b. You further agree not to use the Website or the Items:

I. to harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights;

II. to violate any intellectual property rights of Us or of any third party;

III. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV. to commit any kind of fraud;

V. to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;

VI. to publish or distribute any obscene or defamatory material;

VII. to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;

VIII. to unlawfully gather information about others.

c. Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.


12. VARIATION OF TERMS

a. You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Website following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.

b. You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.

c. In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.


13. THIRD PARTY LINKS

a. You hereby acknowledge that We may from time to time include links or references to other websites, other content or other materials (hereinafter "Third Party Links"), none of which are controlled by Us.

b. You hereby acknowledge that these Third Party Links are provided for Your information only and that We do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at Your own risk.


14. AFFILIATE MARKETING AND ADVERTISING

a. Through the Website and other Items, We may engage in affiliate marketing whereby We receive a commission on or a percentage of proceeds of sales of Third Party Goods and Services that occur through Our Website and other Items.

b. Through the Website and other Items, We may accept advertising and sponsorships from commercial businesses whereby third parties pay us to advertise on the Website or through Our other Items, or we may receive other forms of advertising compensation.


15. CHANGES TO WEBSITE

a. You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or the Website at any time.

b. You acknowledge, agree and accept that the Website may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).

c. You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.


16. INTELLECTUAL PROPERTY

a. The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, all Company IP the contents, layout, design, colours, appearance, graphics and imagery of the Website, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter "Company IP").

b. You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.

c. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.

d. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.

e. You hereby acknowledge and agree that by publishing Your Content on the Website, you grant us full and unencumbered ownership of all intellectual property rights in Your Content, which allows us to use Your Content in any way We choose. Among other things, this allows us to:

I. reproduce, copy, alter or make derivate works from Your Content in any way We choose; and

II. display, communicate to the public, broadcast or transmit Your Content in any way We choose; and

III. authorise any other person, company or organisation to use Your Content in any way We choose.

f. We may, in Our sole discretion, grant you a licence to use Your Content after such time as Your Content has been transferred to Us in accordance with this clause (“Licence”), subject to the following provisions:

I. We may, in Our sole discretion, impose any restrictions or limitations on the said Licence; and

II. such Licence may be revoked by Us at any time in Our sole discretion; and 

III. such Licence will not in any way affect or alter Our ownership of Your Content as provided under this clause.

g. You represent and warrant to Us that immediately prior to the time that You add, post, comment, tag, share or upload Your Content on the Website, You are the exclusive holder of any and all intellectual property rights in and to Your Content and that no other individual or entity may claim any intellectual property rights in and to Your Content.

h. You warrant that You have all necessary rights required to grant Us the full and unencumbered ownership of Your Content, as set out in this clause.

i. All of the provisions of this clause shall survive any termination of these Terms.


17. USER REGISTRATION

a. You may be asked to register with Us in order to use or access the Items.

b. If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password ("Identifying Information"). This Identifying Information will allow You to access the Items.

c. You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.

d. You agree that You will not share your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.

e. You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.

f. You acknowledge that providing false or misleading information, or using the Items to further fraud or unlawful activity is grounds for immediate termination of these Terms.


18. PRIVACY

a. Through Your use of the Website or other Items, You may provide Us with some of Your personal information. By using the Website or Items, You authorise Us to use Your information in Australia and any other country where We operate.

b. We take Our privacy obligations very seriously.

c. Please refer to Our privacy policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.


19. REVERSE ENGINEERING AND SECURITY

You agree not to:

a. reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and

b. violate the security of the Items through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.


20. SPAM POLICY

You are prohibited from using the Items for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.


21. FOLLOWING 

a. Once You register with Us, You may request to follow other users on the Website, and other users may request to follow You. 

b. You may only follow any user subject to that user’s approval, in the user’s sole discretion, and subject to Our approval, in Our sole discretion. 

c. You may, in Your sole discretion, reject any other user’s request to follow You. 


22. PUBLIC AND PRIVATE PROFILES

a. In the event that You have registered an account on the Website, and the Website provides both public and private options, You may elect whether to set Your account as “public” or “private”. 

b. We provide no representations or warranties that any of Your Content will actually be kept private, whether Your account is made “public” or “private” (except as provided under our Privacy Policy and as otherwise required by law). 


23. VEGETARIAN AND VEGAN FOOD ONLY

You acknowledge and agree that the Website features vegetarian, vegan and veg-options food only. Content may only be published on the Website if it deals with vegetarian, vegan and/or veg-options food. 


24. MEAL PROVIDERS

The Website allows users to sell and/or purchase Meals. This section applies to You if You are a Provider (meaning You are selling Meals via the Website). 


24.1 We Aim to Excel

a. Our goal is to improve access to top quality, nutritious, and delicious vegetarian, vegan and veg-options Meals. 

b. We aim to give consumers access to brilliant Meal Providers in their local area, and to give Meal Providers more options for growing their business. 

c. If You are a Provider, then You must share our passion for excellent Meals. If You are not willing to commit to these standards of excellence, then You will not be accepted as a Provider. 

d. If You operate as a Provider, You warrant that You will commit to these standards of excellence and any other standards and policies set out in these Terms or as communicated to You by Us from time to time. 

e. If You operate as a Provider, You acknowledge and agree that the quality of Your Meals reflects on Us. You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to compensate Us for any loss of business or loss of revenue which can reasonably be attributed to Your failure to comply with these standards of excellence or any other standards and policies set out in these Terms or as communicated to You by Us, or Your failure to comply with these Terms or with any relevant safety standards or legal, regulatory, and licensing requirements.
 

  1.  Requirements for Providers

If You operate as a Provider, You warrant, represent and agree that:

a. You must, at Your own expense, meet all relevant safety standards as well as legal, regulatory, and licensing requirements in relation to food safety and operating a food business in your local jurisdiction; 

b. You must provide evidence to Us, which demonstrates to Our satisfaction that you have complied with clause 24.2.a. including but not limited to a copy of your food licence or food permit; 

c. You must, at Your own expense, at all times while operating as a Provider, maintain your food licence and continue to meet all relevant safety standards as well as legal, regulatory, and licensing requirements in relation to food safety and operating a food business; 

d. You must, at Your own expense, obtain and maintain, at all times while operating as a Provider, public liability insurance with a reputable insurer, with a minimum coverage limit of $10 million per claim, or such other amount as notified by Us in writing (“Insurance”); 

e. You must nominate Us as an interested party under the Insurance;

f. You must provide evidence to Us, which demonstrates to Our satisfaction that you have complied with clauses 24.2.c. and 24.2.d.; 

g. You must complete Our Provider Application form and submit it to Us; 

h. You must immediately notify Us and must immediately stop offering Meals for sale via the Website in the event that You lose Your food licence or that You fail to comply with any relevant safety standards as well as legal, regulatory, and licensing requirements in relation to food safety or operating a food business; 

i. You must not do anything to void your Insurance and You must immediately notify Us and immediately stop offering Meals for sale via the Website in the event that any circumstances arise which cause Your Insurance to be void;

j. You must notify Us of any change in ownership or control of Your business (for example, if Your restaurant or food business is sold to a new owner);

k. You must register for GST and must remain registered for GST (if You are based in Australia), or for any other equivalent taxes in Your jurisdiction (if You are based outside Australia) at all times while selling Meals via the Website;

l. You may only sell Meals via the Website which have been approved by Us.


24.3 Meal Standards and Descriptions

If You operate as a Provider, the following Meal standards and provisions apply:

a. You are responsible for setting the sale price for each Meal that you offer via the Website. Our fees and other costs will be deducted from that sale price before any balance is paid to You;

b. You are responsible for ensuring that your Meals are appropriate for sale via the Website. This includes ensuring that the Meals comply with all of Your local laws, as well as these Terms and any of Our policies;

c. You are responsible for ensuring the safe preparation of Your Meals;

d. You must ensure that all Meals are prepared in accordance with any allergy warnings, and you must make sure to avoid any cross contamination of foods that pose allergy risks; 

e. You are responsible for determining the portion size, ingredients, preparation techniques and other characteristics of Your Meals;

f. You must ensure that all Meal descriptions and/or photographs that You provide are accurate and are not misleading;

g. You must ensure that all nutritional information that You provide is accurate and is not misleading;

h. If You modify or alter Your Meals from time to time you must update any descriptions and/or photographs to ensure that they continue to be accurate and not misleading;

i. You must comply with our refund policies, as set out in these Terms;

j. You must ensure that Meals are packaged in suitable and tamper-proof containers;


24.4 Provider’s General Indemnity and Release

a. If You operate as a Provider, You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) release Us, and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, losses and expenses (including legal costs and expenses on a full indemnity basis), direct or indirect, which may arise from or relate to Your operating as a Provider via the Website, including but not limited to any claims which may arise in relation to food poisoning, food safety, allergies, failure to comply with any relevant safety standards as well as legal, regulatory, and licensing requirements in relation to food safety and operating a food business, or any other failure by You to comply with these Terms. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.

b. If You operate as a Provider, You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives), You release Us, and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, losses, loss of revenue, business interruption, and expenses (including legal costs and expenses on a full indemnity basis), direct or indirect which You may incur in connection with Your use of the Website, or any unavailability of the Website. 


24.5 Provider Acknowledgements

If You operate as a Provider, You acknowledge and agree that:

a. You may only offer, vegetarian, vegan and/or veg-options food via the Website;

b. We reserve the right, in Our sole discretion, to remove any Provider from the Website at any time;

c. We reserve the right, in Our sole discretion, to remove any Meal from the Website at any time;

d. We are not obliged to display, promote or advertise Your Meals via the Website at all times;

e. From time to time, the Website, or some features of the Website, may be unavailable. We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will endeavour to ensure the Website is always available and virus free but from time to time, and in some instances, this may not be the case. We are not responsible for any unavailability of the Website or any interruptions with the Website, and We are not responsible for any loss of revenue or business interruption which you may incur as a result of unavailability of the Website;

f. You use the Website at Your sole risk;

g. In the event that You have any dietary requirements or other special requirements (hereinafter “Requirements”), You are solely responsible for communicating with the Provider about these Requirements, and for ensuring that these Requirements have been accounted for in the preparation of Your Meal;

h. We do not prepare any Meals and We have no control over the preparation of any Meals;

i. We do not make any guarantees or representations regarding the quality of any Meals or the accuracy of any descriptions or photographs of any Meals. 

 

24.6 Provider’s Granting of Rights

If you operate as a Provider, you agree that by submitting information, data, UserID, password and other log-in information, materials and other content to us through the Items, you are licensing that content to us under the limited scope of providing the Services. We may use and store the content, but only to provide the Services to you. By submitting this content, you represent that you are the rightful owner of it, without any obligation to pay any fees or other limitations. 


25. MEAL CONSUMERS

This section applies to You if You are a Consumer (meaning You are purchasing Meals via the Website). 


25.1 Consumer’s General Indemnity and Release

a. If You operate as a Consumer, You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives), You release Us, and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, losses and expenses (including legal costs and expenses on a full indemnity basis), direct or indirect, which may arise from or relate to Your operating as a Consumer via the Website, including but not limited to any claims which may arise in relation to food poisoning, food safety, allergies, failure to comply with any relevant safety standards as well as legal, regulatory, and licensing requirements in relation to food safety and operating a food business, or any other failure by You to comply with these Terms. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.

b. If You operate as a Consumer, You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives), You release Us, and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, losses, loss of revenue, business interruption, and expenses (including legal costs and expenses on a full indemnity basis), direct or indirect which You may incur in connection with Your use of the Website, or any unavailability of the Website. 


25.2 Consumer Acknowledgements

If You operate as a Consumer, You acknowledge and agree that:

a. You may only purchase, vegetarian, vegan and/or veg-options food via the Website;

b. We reserve the right, in Our sole discretion, to remove any Consumer from the Website at any time;

c. You use the Website at Your sole risk; 

d. While We always strive to provide up to date information on the Website, from time to time, Meals which are visible on the Website may not be available. Meal information on the Website is indicative only and We take no responsibility for Meals which are not available;

e. From time to time, the Website, or some features of the Website, may be unavailable. We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will endeavour to ensure the Website is always available and virus free but from time to time, and in some instances, this may not be the case. We are not responsible for any unavailability of the Website or any interruptions to the Website.
 

25.3 Payment Information

a. The Items allow you to order and pay for Meals at participating businesses. In order to use this functionality of our Items, you must provide a valid payment method (“Payment Information”) during registration. You warrant that you either:

I. are the authorised account holder of any valid credit card or debit card that you use to register on the Items, or have the express permission of the authorised account holder; or

II. hold a valid PayPal account that you use to register on the Items, or have the express permission of the holder of that PayPal account.

b. We accept payment via Visa, MasterCard and AMEX credit/debit cards.

c. Your security while shopping with us is extremely important to us, and we have taken all reasonable measures to ensure your personal details and credit card information are kept safe at all times. Your Payment Information is shared with our payment processing provider, Stripe. You can find out more about their data protection and security processes at www.stripe.com/au.


25.4 Allergies

a. Please be aware that there is always a risk of allergens that may be transferred during food preparation processing. 

b. We do not guarantee that any Meals or other products that are available via our Items are free from any traces of any allergens. 

c. We are at no time responsible for any illness, injury, medical or other health condition that may arise or you may suffer as a direct or indirect result of any issue with any allergic reaction.


26. DELIVERY

a. We do not handle delivery of Meals. 

b. If the Provider offers a delivery option, then the Provider is solely responsible for handling and/or organising delivery of the Meals to the Consumer’s chosen location. 


27. OWNERSHIP OF MEALS

a. The Provider maintains ownership and title to a Meal until such time as the Meal is physically handed to or delivered to the Consumer. 

b. The Consumer takes ownership and title to the Meal from such time as the Meal is physically handed to or delivered to them. 


28. DISPUTES

a. In the event of any dispute or disagreement between a Provider and a Consumer (hereinafter “Dispute”), the Provider and the Consumer must attempt in good faith to resolve the Dispute between themselves.

b. In the event that We are required to become involved in a Dispute, and We determine in Our sole discretion that the Provider or the Consumer (or both) has been unreasonable or has not attempted in good faith to resolve the Dispute between themselves (hereinafter “Bad Faith Party”), then we may, in Our sole discretion, immediately remove the Bad Faith Party from the Website and close the account of the Bad Faith Party.


29. REFUNDS

a. Providers must comply with Our refund policies, as set out in this clause or as otherwise stated on the Website from time to time. 

b. A Consumer may be entitled to a refund, and the Provider will be responsible for covering the costs of the refund, in the following circumstances:

I. If the Consumer did not receive the Meal which they ordered, or only received part of the Meal which they ordered; 

II. If the Consumer received a different Meal from that which they ordered;

III. If the Consumer made a special request when ordering their Meal, which was accepted by the Provider, but the Meal was provided without the special request; 

IV. If the Consumer received their Meal but it did not match the description as offered by the Provider; or

V. If the Consumer received their Meal but it was damaged, or was of an unacceptable quality.

c. In the event that We determine, in Our sole discretion, that the Consumer was entitled to a refund, then the Provider will be liable for all costs in connection with the provision of a refund or replacement Meal for the Consumer, including any additional delivery costs. We may deduct these costs from any monies payable to the Provider.

d. In the event that We determine, in Our sole discretion, that the Consumer was not entitled to a refund (for example, because We determine that the Consumer received the Meal which they ordered, and it was not damaged and was of acceptable quality), then the Consumer will be liable for the full costs of the Meal. 

e. Notwithstanding that We make any determination regarding refunds for Meals in Our sole discretion, in the event that You would like to communicate with us regarding a refund, You may contact us at info@hangrycub.com.

f. Notwithstanding any determinations which We may make in relation to any refunds, Consumers and/or Providers may have rights and/or obligations under the Australian Consumer Law, which may include but not be limited to rights in relation to the re-supply or refund of any goods or services which do not meet requirements under the Australian Consumer Law.


30. FEES AND PAYMENT FOR MEALS


30.1 Service Fees

a. In consideration for the Services that We provide via the Website, as described in these Terms, the Provider agrees to pay Us a service fee on each Meal order which is placed via the Website (hereinafter “Service Fee”). 

b. The Service Fee will be charged at the rate as specified by Us on the Website, or on any relevant Meal order form, at the time that the Meal is ordered.

c. The Provider is responsible for payment of the Service Fee to Us, and authorises Us to deduct the Service Fee from any payment that We may collect on the Provider’s behalf. 


30.2 Authority to Collect Payments

a. The Provider authorises our payment processor to collect payment for Meals, together with any applicable taxes, transaction fees or additional charges on the Provider’s behalf. 

b. We will receive payments from our payment processor and will deduct any amounts payable to Us (such as for Service Fees), before remitting the balance to the Provider.

c. We will remit payment to the Provider at midnight each day. 


30.3 Taxes on Meals

a. We do not sell any Meals. The Provider is the seller of all Meals and any related products and is responsible for collecting and remitting any applicable GST or other taxes which may apply to the Meals and related products.

b. The Provider is responsible for calculating any applicable taxes and ensuring that any sale prices set by the Provider account for GST and/or any other applicable taxes and fees. 


30.4 Taxes on Service Fees

a. We perform the Services for the Provider, in consideration for the Service Fee. 

b. Unless otherwise specified in writing, the Service Fee and any other amounts payable to Us under these Terms is exclusive of GST and/or any other applicable taxes or fees. 

c. In the event that GST is payable on any amount payable to Us by You under these Terms, You agree to pay Us, at the same time and in the same manner, an additional amount equal to the applicable GST.

d. In the event that any other taxes or fees are payable on any amount payable to Us by You under these Terms (for example, if You are based outside Australia and local sales taxes apply), You agree to pay those other taxes or fees to Us, at the same time and in the same manner that You pay the Service Fee to Us.


30.5 Payment Errors

a. In the event of a payment processing error, We will seek to rectify the said error as soon as practicable. 

b. In the event that a payment processing error results in an overpayment to You, You authorise Us, in our sole discretion, to use any or all of the following methods:

I. Deduct any overpaid amount from any subsequent payments which We make to You;

II. Debit your bank card, credit card, or bank account which We hold on file;

III. Seek reimbursement from You in any other lawful manner.


31. GENERAL PROVISIONS

a. Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.

b. Applicable law: Your use of the Website and the Items is subject to the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

c. Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:

I. such notice is properly given if given to the other party:

A. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Website or other Items.

B. by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with the use of the Website or other Items.

C. by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Website or other Items.

II. such notice is taken to be received:

A. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.

B. if sent by facsimile, at the time shown of correct and complete transmission to the recipient's facsimile number by the sending machine.

C. if sent by prepaid post within Australia, five (5) days after the date of posting.

D. if sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting.

d. No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without Our prior written consent.

e. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.

f. No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.

g. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.

h. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.

i. Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.


32. CONTACT US

You can contact us about these Terms using the following details:

Email: info@hangrycub.com