The website found at www.feastbox.com.au (“Website”) whether through a mobile device, mobile application or computer is collectively referred to as the “Service”.
- FeastBox grants you the right to access and use the Service for the following permitted purposes (Permitted Purposes):
- Provide your information to Feastbox in relation to making an order;
- To make an order from Feastbox; and
- To contact Feastbox in relation to your order.
- Your right to access the Service is non-exclusive, non-transferable, and limited to the Permitted Purposes described in these Terms, or otherwise specified in writing by FeastBox.
- FeastBox may revoke or cancel your right of access at any time if you fail to comply with these Terms.
2. Account Registration
- In order to access some or all of the features of the Service you may be required to create an account with password access.
- It is your responsibility to choose a suitably secure password and store your password safely. FeastBox is not liable for any loss resulting from any failure by you to secure your password details.
3. Payments, Cancellations, and Cooling Off
- Service Options: You can find a description of our Service on our website, and FeastBox will explain its Service to you when you create an account. We may also offer special promotional plans, memberships, or services, including offerings of third party products and services in conjunction with or through our Service. We reserve the right to modify, terminate or otherwise amend our offered Services and promotional offerings at any time in accordance with these Terms.
- Billing: You may purchase one of the Service options directly from FeastBox by either paying a fee in advance prior to your purchase or by paying for each individual order made, depending on the Service option chosen at the time.
FeastBox may change the price for the Service from time to time and will communicate any price changes to you. Price changes will take effect on and from the specified time as deemed by FeastBox following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect.
4. Privacy and Security
- Security: You acknowledge that it is your responsibility to keep your user account and login details (including any password protected access details) secure and indemnify FeastBox against any claim or loss (including consequential or incidental loss or claim of breach of any privacy laws) of any kind in respect of any unauthorised access to the Service and your personal information. You must immediately notify FeastBox of any unauthorised use of your account or any other breach of security.
5. Intellectual Property
- General:title to, and all Intellectual Property Rights in the Service, the underlying software and code of the Service and any documentation relating to the Service, including all content, trademarks, trade names and service marks, remain the property of FeastBox.
- Ownership of Data:title to, and all Intellectual Property Rights in, the Data remain your property. You grant FeastBox a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Service.
6. Acceptable User Conduct Policy
- Use for Permitted Purposes Only – you agree to only use the Service for the Permitted Purposes. You agree that you will not:
- use the Service except in your personal capacity and/or on behalf of any children of whom you are the parent or guardian;
- use the Service except for legitimate private use or in any manner which may cause damage or cause any claim to be made against FeastBox;
- disassemble, reverse engineer or otherwise decompile the Service or derive or create any software, applications, updates, code, mobile applications or hardware from the Service or information available on the Service, without the prior written consent of FeastBox;
- copy, distribute and/or communicate the Service in any way that would infringe on FeastBox‘s Intellectual Property Rights;
- attempt to tamper with or circumvent any security procedures embedded in the Service in any way;
- attempt to upload any malicious software to the Service, to any other user of the Service, or to any third party that hosts any element of the Service, or provides any part of the Service, including Trojan Horses, time bombs, worms, denial of service attacks, viruses, altered code, licence control utilities, software locks or other harmful codes;
- Undertake any of the following acts:
- Set up a fraudulent profile or a profile which contains any false or misleading information;
- Use the Service for illegal activities or for promoting illegal activities of any kind; or
- Use the Service in connection with any commercial endeavours whatsoever.
- Use subject to third party terms and conditions: some elements of the Service may interface with external third party websites and resources. You agree that the Service may access, utilise and/or exchange your personal information with external third party providers, and that you agree to act in accordance with the terms and conditions of use of those third parties servers, in addition to these Terms.
You acknowledge and agree that FeastBox is not responsible or liable for any content or information from such websites or resources. You further acknowledge and agree that FeastBox shall not be directly or indirectly responsible or liable for any loss or damage caused in connection with the use of these third party websites or resources.
- Usage Limitations:Use of the Service may be subject to limitations imposed by FeastBox for any reason. You agree and acknowledge that FeastBox may, in its absolute discretion, limit or terminate your right of access to use the Service for any reason, and at any time.
- Indemnity:You indemnify FeastBox against: all claims, costs, damage and loss arising from your use of the Service or for any breach of these Terms or any obligation you may have to FeastBox, including (but not limited to) any costs relating to the recovery of costs by FeastBox from you.
7. Warranties & Acknowledgments
- Authority:You warrant that you are lawfully authorised to enter into these Terms.
- Acknowledgement:You acknowledge that:
- You are authorised to use the Service and to access the information and Data that you input via the Service. You also acknowledge that you are authorised to access information and Data that is made available to you through your use of the Service (whether that information and Data is your own or that of anyone else).
- FeastBox does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public communication services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. FeastBox is not in any way responsible for any such interference or prevention of your access or use of the Service.
- FeastBox is not liable for, and does not provide you with any advice.
- Any guidance and/or recommendation made by FeastBox is provided generally and FeastBox has no liability whatsoever for any such guidance or recommendation.
- You accept that FeastBox will not be held liable nor accept any responsibility for ensuring that the Service products are kept in a regulated environment after they have been delivered.
- All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
8. Limitation of Liability
- To the maximum extent permitted by law, FeastBox excludes all liability and responsibility to you or any other person, including but not limited to any loss or damage whatsoever in contract, tort (including negligence), or otherwise, for any loss (including consequential loss of information, loss of Data, or pecuniary loss) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service.
- You agree that any claim for loss or damage suffered as a result of FeastBox’s negligence or failure to comply with these Terms, will be limited to amounts paid by you to FeastBox (if any) for the Service.
9. Termination and Suspension of Use
- No fault termination: FeastBox may terminate your right of access to the Service or suspend your account immediately, without liability and without notice if FeastBox believe that you are in breach of these Terms, or that you do not have the full authority to use the Service. You agree that FeastBox may terminate or suspend your account without liability to you. FeastBox is not obliged to disclose to you the reason for termination or suspension.
- Accrued rights:Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.
- Expiry or termination:These Terms will survive termination or suspension of your account and continue in full force and effect, except for any Term which expires by its nature.
- Waiver:If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
- Delays:Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
- No Assignment:You may not assign or transfer any rights to any other person without FeastBox’s prior written consent.
- Governing law and jurisdiction:These Terms are governed by the laws of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, and Courts entitled to hear appeals from these Courts.
- Severability:If any part or provision of these Terms is invalid, unenforceable or in conflict with any applicable law, that part or provision is deemed to have removed or varied to the extent of the inconsistency. The remainder of these Terms will be binding on the parties.
- Notices:Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission.
- Notices to FeastBox must be sent to: firstname.lastname@example.org or to any other address notified to you by FeastBox.
- Notices to you will be sent to the email address which you provided when setting up your access to the Service.
- Rights of Third Parties:A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
11. Modification of Terms
- These Terms may be varied, replaced or removed at the discretion of FeastBox without further notice to you.
- It is your obligation to ensure that you have read, understood and agree to the most recent version of the Terms available on the Service. You agree and acknowledge that your continued use of the Service will amount to renewed acceptance of these Terms as varied, replaced or removed and agree to be bound by them on each occasion that you access the Service.
- In these Terms, the following words have the following meanings unless stated otherwise:
- “Data”means any data uploaded by you or with your authority into the Service, including your personal information;
- “Intellectual Property Rights”means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered or capable of registration;
- “Service” means the website found at feastbox.com.au, whether through a mobile device, mobile application or computer.