Terms of Use

Version 1.0 | Effective: 18 January 2018

These Terms govern the use of this website, our social media channels, email lists and the “BRING A PLATE” app (when available) (collectively, “the Platforms”) and form a binding contract between you and us. Your use of the Platforms will constitute your acceptance of these Terms. If you do not accept these Terms you must not continue to use the Platforms.

1.             Licence

1.1          We grant you a non-exclusive, worldwide, non-transferrable licence to view and use the Platforms subject to these Terms.

1.2          You represent and warrant to us that you:

(a)           are over the age of 18 years, or if under the age of 18 years use the Platform with the supervision and consent of your parent or legal guardian;

(b)           are capable of forming binding contracts;

(c)           are not breaking any law by accessing and using the Platform (by reference to laws in your jurisdiction and ours);

2.             Accounts

2.1          In order to access certain parts and functionality of the Platforms, you may be required to register an Account.

2.2          When you register an Account, you must:

(a)           provide information during the registration process that is accurate and complete in all respects;

(b)           represent yourself only, and not impersonate any other person while using the Platforms; and

(c)           not permit anyone else to access or use your Account.

2.3          You are solely responsible for:

(a)           the use of your Account, regardless of who is using it, even if it is used without your permission; and

(b)           keeping your username and password secure.

2.4          Some parts of the Platforms may be available on a once-off or periodic paid subscription basis. Periodic subscriptions will automatically renew for each subsequent period unless you cancel your Account.

2.5          Unless otherwise stated, all pricing is shown in Australian Dollars (AUD) inclusive of GST.

2.6          You must pay all fees charged in connection with your use of the Platforms, as required, on demand, in full and without set-off.

2.7          We may suspend or terminate your access to the Platform if any amount owing to us falls overdue or an automatic payment to us is dishonoured or charged back.

3.             Content

3.1          We reserve the right to cancel, modify or withdraw any content on the Platforms for any reason without notice.

3.2          All content is provided for informational purposes only, and is to be used or relied on at your own risk.

3.3          Subject to clause 7, to the maximum extent permitted by law we:

(a)           make no warranty or representation as to the accuracy of any content on the Platforms including content posted by other users of the Platforms;

(b)           do not accept liability for errors or omissions in general in relation to that content.

(c)           do not accept liability for any event organised or promoted by any third-party user of the Platforms.

3.4          We may at any time, without notice:

(a)           correct any errors in content or on the Platforms;

(b)           change or update the content or the Platforms; and

(c)           withdraw, suspend or limit access to any part of the Platforms.

3.5          You agree that you will:

(a)           use the Platforms only in the way that it is designed to be used, including in accordance with any acceptable use policy or content guidelines we publish on the Platforms from time to time; and

(b)           not engage in any conduct that we consider to be improper, indecent, bullying, harassing or offensive conduct while using the Platforms.

3.6          You must not post any content on the Platforms that:

(a)           infringes the IP Rights of any person or is in breach of the Privacy Act;

(b)           is infected by any computer virus or malicious code or otherwise may compromise the security or integrity of the Platforms;

(c)           is in breach of any provision of these Terms;

(d)           is false, defamatory, or misleading or deceptive;

(e)           constitutes financial, legal, medical or other professional advice;

(f)            contains pornographic or adult material; or

(g)           is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation.

3.7          You agree that any comments or opinions that you express will be fair, accurate and genuinely held at the time of communication.

3.8          Your Personal Information will be managed in accordance with our Privacy Policy.

4.             Third Party Websites and Advertising

4.1          The Platforms may contain hyperlinks, images, banners, information and advertising from third parties. You consent to receiving this information as part of your use of the Platforms.

4.2          We are not responsible for any information transmitted by third parties or for the accuracy of any advertisements and access to any third-party website or link is entirely at your own risk.

5.             IP Rights

5.1          All title, ownership rights and IP Rights, including copyright, in relation to the Platforms is owned or used under licence by us. This includes IP Rights in images, logos, photographs, recipes, articles and blog posts.

5.2          Without our express written permission, you must not:

(a)           reproduce all or part of the Platforms in any way;

(b)           incorporate all or part of the Platforms in any other webpage, site, application or other digital or non-digital format; or

(c)           copy, alter, use or otherwise deal in our IP Rights or IP Rights belonging to a third party.

5.3          Except as otherwise specified, we grant you as a user a limited non-exclusive, non-transferrable licence to make the recipes appearing on the Platforms for personal, non-commercial, use. This limited licence does not authorise use or reproduction of recipes for commercial purposes, or the reproduction of any image or photograph appearing on the Platform without the express consent of the copyright holder.

5.4          By posting or uploading content to the Platforms, you grant us a licence to deal with that content for any purpose, subject to our Privacy Policy. The licence in this clause includes the right to republish the content and make it available to third parties, and to sublicense others to use the content, including as contemplated by clause 5.3.

6.             Complaints

6.1          If you have a dispute with another user, you must first attempt to work in good faith with that person to resolve the dispute, without our involvement. We may at our discretion investigate any complaint about another user or their content where the user’s conduct or content would constitute a breach of these Terms.

6.2          If you have a complaint regarding the Platform:

(a)           you must report it to us in writing to us and provide such relevant further information that we may request for the purpose of investigating your complaint; and

(b)           we may, at our sole discretion, investigate your complaint and advise you of the outcome.

6.3          To the fullest extent permitted under the law, you agree not to bring any court or tribunal proceedings against us in respect of any complaint unless you have first complied with the requirements of this clause.

6.4          The complaints procedure provided in these Terms are in addition to any rights you may have under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation.

7.             Warranties

7.1          Use of the Platforms is at your own risk. To the extent permitted by law, we make no warranties or guarantees, implied or express that the Platforms are or will be:

(a)           accessible at all times, uninterrupted or error free;

(b)           immune to unauthorised access or security breach.

7.2          We exclude all implied guarantees, conditions and warranties from these Terms and the Platforms, except any Non-Excludable Condition.

7.3          We exclude all other liability to you for any loss or damage, including Consequential Loss, suffered or incurred directly or indirectly by you in connection with these Terms or the Platforms, including in connection with:

(a)           the Platforms being inaccessible for any reason;

(b)           incorrect or corrupt data, lost data, or any inputs or outputs of the Platforms;

(c)           viruses and other malware in connection with the Platforms;

(d)           your devices, including where your hardware is incompatible or insufficient to meet minimum requirements to access the Platforms;

(e)           failure of any third-party component including, without limitation, hardware failure, network failure, or power failure;

(f)            events, recipes or activities promoted or advertised on the Platforms by users of the Platforms;

(g)           any unauthorised activity in relation to the Platforms; or

(h)           your failure to abide by these Terms.

7.4          Where a Non-Excludable Condition is deemed to apply, to the maximum extent possible under the law, we limit our liability for any breach to:

(a)           in the case of goods:

(i)             the re-supply of the goods or payment of the cost of the re-supply of the goods; or

(ii)            the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and

(b)           in the case of services:

(i)             the re-supply of the services affected by the breach; or

(ii)            the payment of the cost of such re-supply of the services.

7.5          All limitations and exclusions in these Terms:

(a)           are subject to Non-Excludable Conditions to the extent of any inconsistency;

(b)           apply to the fullest extent permissible by the law; and

(c)           apply however the excluded, limited, or indemnified loss is caused, whether such loss arises in contract, tort (including by our negligence), or under statute.

8.             Indemnity

8.1          You indemnify us against all loss suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with these Terms or your use of the Platform, including any loss arising directly or indirectly from:

(a)           your breach of the Terms;

(b)           your infringement of any third-party IP Rights while using the Platforms;

(c)           the enforcement of our rights in connection with the Terms, including legal costs on a full indemnity basis; or

(d)           any claim, action or suit by a Third Party alleging infringement of their IP Rights as a result of your conduct.

8.2          The indemnities in these Terms are subject to Non-Excludable Conditions to the extent of any inconsistency, and apply to the fullest extent permissible by law.

8.3          We may claim under indemnities in these Terms in relation to a loss before having incurred the loss, or before making a payment in relation to the loss.

8.4          The indemnities in these Terms are in addition to any damages for breach of contract to which we may be entitled. Nothing in the indemnities in these Terms will be taken to prevent us from claiming damages in relation to your breach of any provision of these Terms.

9.             Termination

9.1          Either party may terminate these Terms immediately for any reason by giving the other party written notice.

9.2          Where these Terms have been terminated you must immediately cease to use the Platforms and (where applicable) uninstall the Platforms from your devices.

9.3          Termination of these Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.

9.4          After termination, we will continue to have the right, but not the obligation, to monitor content on the Platforms, to determine compliance with these Terms.

10.          Communications

10.1        Communications must be in writing.

10.2        Either party may serve any Communication on the other party by sending it to that party’s email address. We may also serve a Communication to you by displaying that Communication within the Platforms.

10.3        Our contact email is info@bringaplate.com.au, or an alternate email address notified by us from time to time.

11.          Amendment

11.1        We may make minor changes to assist with fairness and accuracy of the Terms at our sole discretion by providing you with a period of notice that we determine to be reasonable.

11.2        By continuing to use the Platform after an amendment to the Terms, you agree to be bound by the Terms as amended.

12.          General

12.1        The relationship between the parties under the Terms does not form a joint venture or partnership.

12.2        You may not assign, novate or otherwise transfer any of your rights or obligations under the Terms without our prior written consent.

12.3        We may assign, novate or otherwise transfer any of our rights or obligations under these Terms to a third party without notice to you, or your prior consent.

12.4        You agree to do everything required to give full effect to these Terms.

12.5        These Terms and any other document incorporated by reference constitute the entire legal agreement between you and us. You agree that you have not relied on any representation or statements outside the provisions of these Terms.

12.6        No right or obligation under these Terms will be taken to be waived unless the waiver is given in writing.

12.7        Any unenforceable or invalid provision of these Terms will be severed to the extent of the unenforceability or invalidity without affecting any other term in these Terms.

12.8        These Terms are binding on each party’s successors and permitted assigns.

13.          Interpretation

13.1        The laws of the State of Queensland, Australia, govern the Terms and each party submits to the non-exclusive jurisdiction of the courts in that location.

13.2        Unless otherwise stated, these Terms will be interpreted as follows:

(a)           “including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;

(b)           where a term is defined, other grammatical forms of that term will be taken to have the same meaning;

(c)           headings are for convenience and will not affect interpretation;

(d)           words in the singular will be taken to include the plural and also the opposite;

(e)           when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way.

13.3        Definitions:

Account means a membership account on the Platform.

Communication means any written communication including each notice, consent, approval, request and demand under or in connection with these Terms.

Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

IP Rights means all present and future intellectual property rights conferred by statute, common law or equity including in relation to business names, computer software, confidential information, copyright, designs, domain names, inventions, know-how, patents, recipes, trade marks, and the right to apply for registration of the foregoing.

Non-Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Personal Information has the meaning given to that term in the Privacy Act.

Platforms means our Website, social media channels, email lists and the “BRING A PLATE” app (where available).

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means our privacy policy available at https://bringaplate.com.au/privacy.

You means the user of the Platforms or the holder of an Account on the Platforms.

We, Us, Our means Bring a Plate Pty Ltd ACN 619 837 928.

Website means our website at https://bringaplate.com.au.