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Welcome to Eaties Food Marketplace!
Eaties Food Marketplace is owned and operated by Newswrap Pty Limited.
These are the terms and conditions for:
By registering as a user and using the platform and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" and “platform” refer to the Eaties Food Marketplace platform and website, "we", "us", "our" and "Eaties Food Marketplace" refers to Eaties Food Marketplace and "you" “shopper” and “user" refers to you, the user of Eaties Food Marketplace.
The following terms and conditions apply to the website and services offered by Eaties Food Marketplace. This includes the mobile and tablet versions as well as any other version of Eaties Food Marketplace accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE EATIES FOOD MARKETPLACE PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Eaties Food Marketplace. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modifications to these terms and conditions when you use Eaties Food Marketplace after such modification is posted; therefore, it is important that you review this agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Eaties Food Marketplace may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
The platform may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. SERVICES
Eaties Food Marketplace displays through the platform consumer products such as food and beverages in general (including alcoholic beverages), which are available to consumers for general knowledge. This product communication serves as a reference for users, using the platform as a means of ordering products and placing orders through the platform.
For the product ordering process, the user must be fully identified in their user account and follow the following procedure:
a) Access the platform by specifying the address to determine the businesses that are available in the sector near the user.
b) Select the place of delivery. The user must provide the exact address where the delivery of the selected product(s) will be made, this address must be within the delivery coverage range, if it is not in this range the transaction will not be allowed.
c) Select the product. Once selected, the characteristics and total value of the product are made available to the user through photographs and reference notes, which allow a complete individualization of the product for detailed analysis by the user.
d) Validation of the product. Once the previous step has been completed, the platform will show the user a summary of the product in terms of its general conditions, such as brand and presentation offered. In this way the user will be able to validate and confirm the information and the selected product.
e) Entry of the product in the shopping cart. This entry corresponds to the will of the user to request the management of an order consisting of the acquisition of a specific product or products, since he has been sufficiently informed of the characteristics of the same, having the possibility of acquiring it or not. Eaties Food Marketplace has total autonomy to limit the entry of products to the shopping cart on the grounds of quantity.
f) Value. Once the previous steps have been completed, the value to be paid for the order is made available to the user, consisting of the purchase of the selected products. This value reflects: i) the value of the home delivery service; ii) the amount to be paid for the service, which is broken down by unit and as a whole for all the products whose purchase was requested. The amount to be reimbursed corresponds to the total value of the products purchased, including all transaction costs.
In the event that a restaurant or shop charges a service fee to Eaties Food Marketplace in order to operate its business, the prices of the products marketed by the restaurant or shop will increase. When this happens, you will have to accept the additional price. Please note that Eaties Food Marketplace does not sell the products of businesses or commercial establishments.
g) Payment. The user will make the payment through the virtual payment platforms that Eaties Food Marketplace has contracted for this purpose. The order/purchase is understood to be finalized and therefore completed, once the domiciliary delivers the products to the user and as long as the order is processed and finalized.
h) Payment method. The user must select the means of payment, having as possibilities the electronic payment through the available payment platforms or the possibility of making the payment cash on delivery at the time of receiving the order.
i) Registration. The User must create a user account in which personal data will be required to identify the user, but not to individualize the user personally, in addition to the data to make the payment through the payment processor.
j) Summary and e-mail. Once the above steps have been completed, the user will be shown a pop-up window with a detailed summary of the transaction and the full details of the domiciliary who has agreed to manage the requested order and deliver the products (in the case of selecting the domiciliary option). This summary will be emailed to the user with this information in detail.
k) Delivery. Once all the data pertaining to the transaction and the scope of coverage of the delivery of the products have been verified, the domiciliary will deliver the products purchased as part of the requested order to the address provided and within the period defined at the end of the transaction. In the event that the delivery cannot be made for reasons attributable to the user, the domiciliary shall record this fact.
3. USERS
If you wish to register on the Eaties Food Marketplace in order to place orders with businesses and commercial establishments close to you, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the platform and services, you represent that you are of legal age to form a binding contract under applicable law. By accepting these conditions, the user agrees to (1) Provide truthful and reliable information at the time of creating your user account; (2) Refrain from transferring validation data (username and password) to third parties; (3) Refrain from using the platform to perform acts contrary to morality, law, public order and decency against Eaties Food Marketplace, domiciliary or third parties; (4) Pay in a timely manner the value corresponding to the products; (5) Immediately inform Eaties Food Marketplace in case of forgetfulness or usurpation of the validation data; (6) Refrain from conduct that undermines the operation of the platform; (7) Refrain from impersonating other users; (8) Refrain from decrypting, decompiling or disassembling any element of the platform or any of its parts; (9) In general, all those behaviors necessary for the delivery of the products, such as i) receiving the requested products, ii) showing identification in case of sale of products of restricted use, iii) verifying at the time of validation that the selected products do correspond to those required, iv) reporting on the instructions for use and consumption of the products.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Eaties Food Marketplace (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Eaties Food Marketplace reserves the right to suspend or terminate your account and refuse any and all current or future use of the service at any time.
5. ACCOUNT
If you register on Eaties Food Marketplace, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Eaties Food Marketplace of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorisation from Eaties Food Marketplace. Eaties Food Marketplace will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Eaties Food Marketplace with your email address and phone number, you agree that we may use your email address to send you notifications about the status of your order, important communications about our services or products, news and special content. We may also use your email address and phone number to send you notifications via SMS messages, push notifications and other messages, such as changes to service features, product news and special offers on our products. If you do not wish to receive these emails, SMS messages or push notifications, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in emails or by replying with the word "STOP" to SMS messages. Opting out may prevent you from receiving emails, SMS messages and push notifications about updates to your order, news or special offers on our products.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Eaties Food Marketplace.
Eaties Food Marketplace reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Eaties Food Marketplace believes that you have breached any of these terms, furnished Eaties Food Marketplace with false or misleading information, or interfered with use of the platform or the service by others.
6. ORDERS
By placing an order, you offer to purchase the products for the price advertised and indicated on the platform at the time of placing the order. Please check the features and price of the products thoroughly before placing an order.
Users will be able to pay for the order through the payment processor available on the platform or they will be able to pay by choosing the cash on delivery option. If you select the cash on delivery option, please make sure that you receive the order at the selected location and have the money to pay for the products upon receipt of the order.
When a customer places an order, Eaties Food Marketplace will send an email to confirm the purchase and payment. This confirmation email will be produced automatically so that the user has confirmation of their purchase and order details. Eaties Food Marketplace reserves the right to limit the number of units purchased by each user.
Eaties Food Marketplace may cancel any order and may change or discontinue product availability at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your statutory rights. All new orders are considered separately and each is treated individually.
7. PAYMENTS
Transactions for orders placed by users within the platform will be made through PayPal, Zip Pay and Afterpay (payment processors available on Eaties Food Marketplace). When a user places an order and a transaction, Eaties Food Marketplace will send an email to confirm the transaction and the corresponding order. This confirmation email will be produced automatically so that the user has the confirmation of the order and transaction. Payment will be charged to your credit/debit card or debited from your PayPal account balance upon payment of the corresponding order. In the case of choosing the option to pay by instalments, the instalments will be fixed according to the policies of our payment processors. Upon processing a transaction, we will issue an electronic receipt of the transaction which will be sent to the email address you provide.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment data will be processed and safeguarded securely and for the sole purpose of processing the purchase of products and transactions within the platform. Eaties Food Marketplace reserves the right to contract any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of products and transactions within the platform.
8. DESCRIPTION OF PRODUCTS
The products and services displayed by the Eaties Food Marketplace are household products such as food and beverages in general, among others. All products have a general description; this description is made by the Eaties Food Marketplace based on legal visualisation practices, which in any case depend on the device where the user observes the product. The availability will be defined on a case-by-case basis at the time the consumer places the order for the product(s) with official suppliers. The user will determine what action the domiciliary should take in the event the requested product(s) is not found, among: (i) Fulfill the order excluding the product or products requested not found, in which case its value will be deducted from the total value of the order and, in case it is only one product and it is not found, it must choose between canceling the order or fulfilling it with a substitute or similar in price and type; (ii) Communicate with the user to arrange fulfillment with a substitute product; and (iii) Authorize the domiciliary to take a product similar in price and type.
It is clear to the user that Eaties Food Marketplace is not a producer, supplier, retailer, agent, distributor or in general any type of marketer of the products or services it exhibits, since it operates only as a technological platform that allows the meeting of users and domiciliary for the management of orders.
Products of restricted use, such as alcoholic beverages, may only be purchased by the home user, by virtue of the order placed by users who are of legal age, who expressly state this quality at the time of registering on the platform or selecting the product. In case of non-compliance with this obligation, the domiciliary will not deliver the product and in the event of having paid for the product, shall request a refund. In the event of having requested together with the products of restricted use other products of different quality and the obligation described herein is not complied with, the same legal consequences defined herein shall apply, but only in relation to the products of restricted use.
When, due to technological errors, erroneous prices of the products are displayed on the platform, which are obviously disproportionate compared to the price of the product in the market, Eaties Food Marketplace may cancel the order(s) placed for products with such prices, at its sole discretion and with full autonomy. Eaties Food Marketplace reserves the right to update, modify and/or discontinue the products displayed on the platform.
9. CONTENT
Through the platform Eaties Food Marketplace may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, Eaties Food Marketplace does not endorse, guarantee or commit its responsibility for the products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
10. OBLIGATIONS OF EATIES FOOD MARKETPLACE
In accordance with the present terms, Eaties Food Marketplace is obliged to (1) Provide true, reliable, sufficient, clear and updated information regarding the products it exhibits; (2) Indicate the general characteristics of the product to serve as reference to the users, for the effect of its brand and presentation; (3) Inform sufficiently about the means enabled for the users to make the payment; (4) Inform at the indicated time and with sufficiency the data of the domiciliary who will deliver the orders; (5) Send to the email provided by the user, a summary of the order and proof of the transaction; (6) Make available to users, the terms and conditions of use of the platform in an updated form; (7) Use the information only for the purposes set forth in these terms; (8) Use information and validation mechanisms during the transaction as pop ups, allowing the user to accept or not each step of the purchase process.
11. DISCLAIMER
The businesses and products offered and published by the businesses through the platform are not offered or provided by Eaties Food Marketplace. The services of Eaties Food Marketplace are limited to providing the platform to publish such products and to manage the ordering and delivery of such products.
Eaties Food Marketplace is not responsible for the accuracy, safety or legality of the products, services or content published on Eaties Food Marketplace by businesses or commercial establishments. Eaties Food Marketplace makes no representations about the products displayed through the platform. The purchase of the products offered by the businesses and commercial establishments through the orders placed through the platform is at your own risk and responsibility.
Eaties Food Marketplace is not responsible for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the platform. Communications and relationships established between users as a result of any connection within the Eaties Food Marketplace platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any type of claim or legal action against another user or users, each and every user involved in such claims or actions shall hold Eaties Food Marketplace harmless from any liability.
12. FEEDBACK SYSTEM
The platform will have a feedback system available, where users will be able to register their comments when making and completing each transaction within the platform. The opinions of the users are the sole responsibility of the users themselves. Eaties Food Marketplace does not control or modify the comments made by the users or the ratings provided by the users at the end of each transaction. The user is responsible for the content and comments posted within the platform.
13. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
14. LICENSE TO USE THE PLATFORM
Eaties Food Marketplace gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by Eaties Food Marketplace as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Eaties Food Marketplace, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Eaties Food Marketplace platform or third parties.
This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content (6) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (7) distribute intellectual property without ownership or a license to distribute such property (8) Breach, in any way, the terms of service, privacy policy or rules of this platform or the recipients.
Eaties Food Marketplace reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Eaties Food Marketplace believes that you have violated any of these terms or interfered with the use of the platform or service by others.
The intellectual property of the products offered through the platform belongs to the registered restaurant users. The products offered on the platform by the businesses, as well as the copyright and intellectual property rights corresponding to these products and services belong solely and exclusively to the businesses. Eaties Food Marketplace does not retain any copyright or intellectual property rights for the publication of the services and products through the platform.
The images provided by the businesses, belong to the businesses. The copyright and intellectual property rights of the images provided by the user-businesses belong to the users who authorize Eaties Food Marketplace to publish those images on the platform. Please do not copy or use these images without the respective authorisation of the user-businesses.
All materials on Eaties Food Marketplace, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Eaties Food Marketplace or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Eaties Food Marketplace are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Eaties Food Marketplace prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilize Eaties Food Marketplace or any part of the material for any purpose other than its intended purposes is strictly prohibited.
16. COPYRIGHT COMPLAINTS
Shape My Home will respond to all inquiries, complaints and claims regarding alleged infringement by breach or violation of the provisions contained in Australian and international copyright regulations. Eaties Food Marketplace respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the Eaties Food Marketplace website infringes your copyright or other intellectual property right, please send us your request via our contact information, with the following information:
· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
· A statement that specifically identifies the location of the infringing material, in sufficient detail so that Eaties Food Marketplace can find it on the website.
· Your name, address, telephone number and email address.
· A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
· A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
· An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
Upon receipt of a request for copyright infringement under the Copyright Act, Eaties Food Marketplace will contact the allegedly infringing user so that the user may respond to the request in accordance with the terms contained in the Digital Millennium Copyright Act.
Responses to copyright infringement requests must contain the following:
· The physical or electronic signature of the user;
· The identification of the content that has been removed or the place where the content was posted;
· A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.
· The name, address and telephone number of the user; and
· A statement that the user consents to the jurisdiction of the court in which the user is located.
All copyright infringement requests and responses may be submitted through our contact information.
17. ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the platform is accurate, complete or updated. The content of this platform is provided for general information. Any use of the material provided on this platform is at your own risk.
18. PERSONAL DATA
Any personal information you post or submit in connection with the services and use of the platform will be used in accordance with our privacy policy. Please see our privacy policy.
Eaties Food Marketplace contains content of third-party licensors to Eaties Food Marketplace, which is protected by copyright, trademark, patent, trade secret and other laws. Eaties Food Marketplace owns and retains all rights, title and interest in the content. Eaties Food Marketplace hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third-party content located on or available through Eaties Food Marketplace or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Eaties Food Marketplace and using the services.
Any dealings with third parties included within or on Eaties Food Marketplace involving the delivery of and payment for products and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Eaties Food Marketplace is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Eaties Food Marketplace does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Eaties Food Marketplace or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Eaties Food Marketplace is provided to you for informational purposes only. Eaties Food Marketplace encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Eaties Food Marketplace works to ensure the information on Eaties Food Marketplace is current and accurate.
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Eaties Food Marketplace or licensed to the Eaties Food Marketplace by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
· Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
· Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
· Deep-link to any portion of the services for any purpose without our express written permission.
· "Frame", "mirror" or otherwise incorporate any part of the services into any other platforms or service without our prior written authorisation.
· Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Eaties Food Marketplace in connection with the services.
· Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
· Download any content unless it’s expressly made available for download by Eaties Food Marketplace.
21. DISCLAIMER OF WARRANTIES
Eaties Food Marketplace will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet Eaties Food Marketplace provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Eaties Food Marketplace for any loss or damage caused as a result.
Eaties Food Marketplace will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Eaties Food Marketplace excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Eaties Food Marketplace and Eaties Food Marketplace shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
· Any incorrect or inaccurate information on the platform.
· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product purchased through the platform.
· Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
· Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Eaties Food Marketplace.
· All representations, warranties, conditions and other terms which but for this notice would have effect.
22. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Eaties Food Marketplace for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.
You agree to defend and indemnify Eaties Food Marketplace from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
· Your breach of this agreement or the documents referenced herein.
· Your violation of any law or the rights of a third party.
· Your use of the website.
24. CHANGES AND TERMINATION
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing or without any warning.
25. ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eaties Food Marketplace without restriction.
26. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by Eaties Food Marketplace, shall constitute the entire agreement between you and Eaties Food Marketplace concerning and governs your use of the platform and the services.
27. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform shall be resolved by binding arbitration between you and Eaties Food Marketplace, except that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the services and products offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate formal dispute proceedings by sending us a communication through our contact information. Eaties Food Marketplace may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
The courts of Australia shall have jurisdiction over any dispute, controversy or claim relating to Eaties Food Marketplace and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Australia.
28. FINAL PROVISIONS
These terms and conditions are governed by the laws of Australia. Use of Eaties Food Marketplace platform is unauthorised in any jurisdiction that does not give effect to all provisions of these terms.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
29. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:
Eaties Food Marketplace. Email : shoppers@eaties.com.au