TERMS OF USE
foodrascal.com.au (“the Website”) is owned and operated by Food Rascal Enterprises Pty Ltd trading as Food Rascal (ABN 92 612 640 865)(“Food Rascal”).
1.1. By accessing the Website, you agree to be bound by the terms and conditions set out herein (“Terms of Use”). Your access to and use of the Website is subject to these Terms of Use as they appear on the Website at the time.
1.2. Food Rascal may amend these Terms of Use at its discretion at any time and without prior notice. By continuing to access the Website after an amendment to the Terms of Use have been posted on the Website, you accept the amended Terms of Use.
1.3. If at any time, you do not accept these Terms of Use then you must immediately cease using the Website.
2.1. Food Rascal reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Food Rascal believes, in its sole discretion:
2.1.1 violates any term or provision of these Terms of Use;
2.1.2 violates the rights of Food Rascal or any third parties; or
is otherwise deemed by Food Rascal to be inappropriate.
2.1.3 You agree not to:
• transmit any unauthorised advertising or promotional materials;
• download or post any material which you know or ought to know cannot be legally distributed or used by you;
• post or transmit on any part of the Website, anything that breaches any laws or regulations or are contrary to any relevant standard or codes;
• tamper with, hinder the operation of, or make unauthorised modifications to the Website;
• interfere with other users of the Website or inhibit other users from using the Website;
• post any comment on the Website or on any social media account operated by Food Rascal that is false, misleading, deceptive, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person;
• knowingly transmit any virus or other disabling feature to the Website.
3.1. Food Rascal reserves the right to alter the Website and any content (including but not limited to, any image, text, sound or link) made available on the Website or on any of Food Rascal’s social media accounts (“Content”) at any time.
3.2. Food Rascal may discontinue, temporarily or permanently, the Website or any social media account operated by Food Rascal (or any part thereof), whether for maintenance or for any other reason, with or without notice.
3.3. You agree that Food Rascal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any social media account operated by Food Rascal.
3.4. Food Rascal reserves the right to delete at any time, any Content, or any comments on any Content, which it considers to be misleading, deceptive or otherwise in breach of these Terms of Use.
4.1. The Website, any written communication from Food Rascal and the Food Rascal social media accounts, may contain links to third party websites which Food Rascal does not monitor, endorse, edit or review. Any access by you to any such third party websites is subject to any terms and conditions found on those websites. Food Rascal does not warrant the accuracy or reliability of any information found on third party websites, nor does Food Rascal ensure that such third party websites are free from any viruses or other threats.
4.2. The Website, any written communication from Food Rascal and Food Rascal’s social media accounts, may contain advertisements for third parties’ goods and / or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Food Rascal nor its officers, employees, agents or related bodies corporate recommend or endorse the goods and / or services that may be advertised on the Website, the social media accounts or in any written communication from Food Rascal, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you elect to order a product or service advertised on the Website, you do so at your own risk and should first make your own enquiries about the goods and / or services.
4.3. All prices displayed, and products and services advertised on the Website, in any written communication from Food Rascal and on the social media accounts operated by Food Rascal are set by the advertisers and are subject to change without notice.
5.1. You acknowledge and accept that Food Rascal and its service providers may receive fees and / or other commissions from third parties for goods and / or services that are displayed or made available through:
5.1.1 the Website;
5.1.2 written communication from Food Rascal;
5.1.3 Food Rascal’s social media accounts; or
5.1.4 hyperlinks from any of the above.
6.1. Food Rascal may from time to time run competitions or other promotions on the Website or on any of Food Rascal’s social media accounts. Any such competitions may be subject to additional terms and conditions that will be made known to you via those channels when advertising those competitions.
6.2. Not all competitions in which Food Rascal participates will be run by Food Rascal and you should make enquires about the operators of each competition in which you become involved. Food Rascal accepts no responsibility for competitions run by third parties in which Food Rascal is a participant.
7.1. All of the Content is protected by copyright, trade mark and other intellectual property laws.
7.2. Without first obtaining written consent from the rightful owner, you must not reuse, modify, create derivative works, copy, reproduce, republish, distribute or communicate any part of:
7.2.1 the Website; or
7.2.2 any Content.
7.3. You must not use the Website in a way which will infringe Food Rascal’s, or any third party’s, intellectual property or other rights, except as expressly provided in these Terms of Use or as permitted by the Copyright Act 1968 (Cth).
7.4. Any of the trade marks or logos displayed on the Website may be registered or unregistered marks of Food Rascal or other third parties. You may not use the trade marks or logos without the prior written permission of Food Rascal, or the rightful owner of the trade mark or logo, as the case may be.
8.1. The Website is provided by Food Rascal on an “as is” basis without any express or implied warranty of any kind.
8.2. The World Wide Web exists across open public networks that are neither secure nor private. You acknowledge and accept the risk that any communication to or from the Website may be intercepted, used or modified by third parties.
8.3. Food Rascal does not warrant that your access to or use of the Website will be uninterrupted or free from error or that the Website or any Content is free from errors or viruses, worms, trojan horses or other harmful components.
8.4. You acknowledge that your access to and use of the Website may be interfered with by numerous factors outside of Food Rascal’s control.
8.5. Food Rascal does not warrant anything about the reliability, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of anything stated in the Content.
8.6. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your access and use of the Website or the Content.
9.1. Subject to clause 9.2 of these Terms of Use, neither Food Rascal nor any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:
• any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network;
• any defamatory, infringing, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person; or
• any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:
• the use of the Website; or
• you or anyone else being unable to access the Website for any reason.
9.2. Food Rascal expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Food Rascal’s sole discretion):
• in the case of goods, any one or more of the following:
• replacement of the goods or supply of equivalent goods;
• repair of the goods;
iii. payment of the costs of replacing the goods or of acquiring equivalent goods; or
• payment of the costs of having the goods repaired; and
• in the case of services:
• re-supply of the services; or
• payment of the cost of having the services supplied again.
9.3. By accessing the Website, you agree to indemnify Food Rascal from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (including legal costs on a solicitor and own client basis) suffered or incurred by Food Rascal, arising out of, or in connection with your breach or non-observance of these Terms of Use.
10.1. These Terms of Use are governed by the law in force in the State of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
10.2. Food Rascal makes no warranties or representations with regard to use by persons accessing, downloading or using the Website outside the Commonwealth of Australia.
10.3. If any of these Terms of Use are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.
10.4 You agree to comply with Food Rascal’s privacy policy, which can be accessed on the Website.
