Terms & Conditions

General:

These Terms of Service apply to your use of the 1800MYCATERING online e-commerce website which include marketing and promotions system including but not limited to loyalty reward programs for clients and Cost centres users. Your access and/or use of the 1800MYCATERING constitute your consent to the Terms of Service contained herein. If you disagree with any of the items that form the Terms of Service, you must not use the 1800MYCATERING. We may change the Terms of Service from time to time. The revised Terms of Service will take an immediate effect from the time of posting, and your continued use of the 1800MYCATERING constitutes your acceptance of any such changes. If the revised Terms of Service are unacceptable to you, you must cease using the 1800MYCATERING.

Additional terms and conditions may apply to specific areas or features of the 1800MYCATERING, and you hereby agree to abide by such additional terms and conditions. Registration You will access the 1800MYCATERING as a visitor or as a registered member of 1800MYCATERING. You may be required to register with 1800MYCATERING in order to make use of certain features of the 1800MYCATERING Where you are required to register:

a. you must provide us with accurate, complete and current registration information;

b. you must safeguard any user name and password which we provide to you;

c. you authorize us to assume that any person using the 1800MYCATERING with your user name and/or password is either you or is authorized to act for you;

d. where your user name and/or password is specific to you, you must not allow anyone else to

use your user name and/or password;

e. you agree to immediately notify us of any unauthorized use of your username and/or password or any breach of security of which you become aware.

f. you may cancel your registration at any time by notifying us;

g. we reserve the right to discontinue or cancel your registration in our sole and absolute discretion without notice to you if you do not use the 1800MYCATERING for an extended period of time, if you breach any of these terms and conditions or any applicable law, if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party, or as we otherwise, think fit. If you elected to cancel your account or if your account is otherwise terminated by us, all of your user content may remain on the 1800MYCATERING even after your account has been cancelled. You are not authorized to sell or transfer any account obtained through 1800MYCATERING assignment rights.

Acceptable use of the 1800MYCATERING and its features Access and use of the 1800MYCATERING is intended solely for your own personal and non-commercial use. Your use of the 1800MYCATERING is at your own risk, and is also subject to the terms and conditions of the Merchants offering the products and services you are accessing via the 1800MYCATERING.

In using the 1800MYCATERING, you must not:

a. violates any applicable laws;

b. impersonates any person;

c. posts any material or content that:

i. infringes the intellectual property rights of any third party or post any material or content

that you do not have the right to post;

ii. is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy,

harassing, defamatory, obscene or otherwise objectionable to any other person or entity;

iii. contains any unsanctioned advertising, promotional materials, or any other forms of

unsanctioned solicitation, including without limitation junk mail, spam, chain letters or

any unsolicited mass distribution of email;

d. distributes viruses, corrupted files or any other similar software or programs that may damage

the operation of any computer hardware or software;

e. collects or store personal data about other users of the 1800MYCATERING

f. Engage in any other conduct that inhibits any other person from using or enjoying the 1800MYCATERING

g. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the 1800MYCATERING.You may not use any device, software or routine intended to damage or interfere with the proper working of the 1800MYCATERING, or to surreptitiously intercept or sequester any system, data, images or other multimedia elements or personal information from the 1800MYCATERING, and you may not take any action which imposes any unreasonable or disproportionately large load on our infrastructure.

Content:

All content that is posted on the 1800MYCATERING may be made publicly available online. As such, by uploading content onto the 1800MYCATERING that all this content may be made publicly available. You grant to 1800MYCATERING a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to 1800MYCATERING the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be capable of giving rise to legal action whether against you or 1800MYCATERING or a third party (in each case under any applicable law). You warrant that all user content is owned by you when uploaded or posted to the 1800MYCATERING and that your uploading or posting of the user content and the licensing of provision of that user content to us (including us exercising the rights granted to us) does not and will not infringe the rights of any third party, including the infringement of any third party’s intellectual property rights or rights of confidentiality or privacy.

You agree to pay any royalties, fees, or other monies owing to any person as a result of you uploading or posting user content on the 1800MYCATERING licensing or providing that user content to us.

You must not upload or submit any user content to the 1800MYCATERING is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint. 1800MYCATERING may, in its discretion, and without any liability to you or any third party:

a. removes any or all user content;

b. blocks a user’s access to the 1800MYCATERING Platform;

c. cancels or suspend any user account;

d. edit or remove any content that it considers illegal, offensive or otherwise inappropriate in any way.

e. Report any content and user account details to appropriate governmental and law enforcement authorities.

Notwithstanding 1800MYCATERING rights under these terms and conditions, 1800MYCATERING does not undertake to monitor the submission of content to or the publication of content on, the 1800MYCATERING.

Age of users:

The 1800MYCATERING is not intended for children under the age of 18. By using the 1800MYCATERING and agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. If you become aware that a user is under the age of 18 and has supplied 1800MYCATERING with false information in order to create an account please notify us at [email protected] and we will begin the process of investigating the claim. If the user is found to be under the age of 18 their account may be terminated along with any user content.

Third party links and website:

The 1800MYCATERING may contain links or portals to third-party websites not under our control or operation. Any such links are provided only as a convenience and do not imply our endorsement or responsibility for the contents of any such linked site. Use of any such third-party content provided via the 1800MYCATERING may also be conditioned upon agreement to such third party’s terms and conditions. The 1800MYCATERING simply facilitates your interaction with such third parties and 1800MYCATERING is not responsible for any issues and/or disputes between you and such third parties.

Ownership:

All intellectual property rights included in or associated with the 1800MYCATERING including but not limited to patents, copyrights, trademarks and service marks are owned or licensed by us, and all right, title and interest in and to the 1800MYCATERING and the associated intellectual property is ours. You are not authorized to copy, distribute, re-publish, upload, post, modify, reverse-engineer or transmit any intellectual property except as specifically authorized by 1800MYCATERING in writing. You are not authorized to remove copyright, trademark or other intellectual property or proprietary notice or legend contained on the 1800MYCATERING.

Termination:

We have the right to terminate your use of the 1800MYCATERING, and any membership privileges anytime for any reason, including, but not limited to, your breach of the Terms of Service. Following any such termination, we shall have no further obligations, responsibilities or liabilities to you. Notwithstanding anything to the contrary contained herein, in the event that 1800MYCATERING terminates your use rights contained herein, 1800MYCATERING shall in no way be precluded from pursuing any and all of its rights and remedies, either at law or in equity, for any claims, damages, awards, costs, and liabilities occasioned by your breach of the Terms of Service.

Indemnification:

You agree to indemnify, defend and hold harmless 1800MYCATERING its officers, employees, agents, subcontractors, licensors and suppliers, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees), resulting from your use of the 1800MYCATERING or your breach of any provision of the Terms of Service herein.

Warranty:

The 1800MYCATERING is provided “as is” without any representations or warranties, express or implied. 1800MYCATERING excludes all representations and warranties to the full extent permissible under applicable law. 1800MYCATERING makes no representations or warranties in relation to the 1800MYCATERING or the content, information, and materials stored within the 1800MYCATERING. 1800MYCATERING does not warrant that the 1800MYCATERING will be constantly available or available at all. 1800MYCATERING does not warrant that the content on the 1800MYCATERING is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use the 1800MYCATERING at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. 1800MYCATERING does not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the 1800MYCATERING or the server that operates the 1800MYCATERING Smart Mobile Application and linked is free of viruses or other harmful components.

1800MYCATERING assumes no liability or responsibility for any:

a. errors, mistakes, or inaccuracies of content,

b. personal injury or property damage, of any nature whatsoever, resulting from your access to

and use of the 1800MYCATERING

c. any unauthorized access to or use of 1800MYCATERING servers and/or any and all personal information

and/or financial information stored therein,

d. any interruption or cessation of transmission to or from the 1800MYCATERING

e. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the 1800MYCATERING

f. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content transmitted, posted, emailed, or otherwise made available via the 1800MYCATERING.

1800MYCATERING does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the 1800MYCATERING will not be a party to or in any way be responsible for monitoring any of the transaction between you and Merchants providing products or services.

Limitation of liability:

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, 1800MYCATERING and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for

breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

a. the re-supply of services or payment of the cost of re-supply of services; or

b. The replacement or repair of goods or payment of the cost of replacement or repair.

1800MYCATERING and its officers, employees, and agents will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss or damage arising out of or relating to your access to or use of, or inability to use the 1800MYCATERING or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage. Without limiting the above, in no event shall 1800MYCATERING, its officers, employees, or agents, be liable to you for any loss or damage whatsoever resulting from any:

a. errors, mistakes, or inaccuracies of content,

b. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the 1800MYCATERING

c. unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,

d. interruption or cessation of service or transmission to or from the 1800MYCATERING bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the 1800MYCATERING errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content transmitted, posted, emailed, or otherwise made available via the 1800MYCATERING whether based on warranty, the contract, tort, or any other legal theory.