MITABL TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to mitabl pvt ltd (ABN 40 658 981 607). Your access to and use of all information on this Software Application (“App”) including mifoodi and miCook or website, including but not limiting to placing an order through our App or website, or using any of our service/s, is subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the App or website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our App or website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, we provide you with a password andaccount number. On registration you agree to pay for our services as set out on our App or website.
- We reserve the right to terminate your registration at any timeif you breach these terms and conditions.
- Our services are intended to be used by registered users only.
Our App or website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to use our service through our App or website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are exclusiveof GST unless otherwise noted at the time of purchase. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we will use our best endeavour to fulfil your order at the price listed at the time you ordered.
Website Access and App Usage
- When you visit our App or website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this App or website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights..
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this App or website without our prior written permission.
- The licence to access and use the information on our App or website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our App or website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our App or website.
- You agree to pay for credit card transaction fees in addition to our quoted costs for using the App or website, we specifically note that our preferred payment gateway Stripe may charge additional fees for the transaction
- You agree that you are personally responsible for any and all content posted by yourself including ratings and comments about other users.
- If we believe that any content posted by you is reasonably likely to be regarded as being abusive or harassing in nature or breaches other law, we may delete said content or delete your account.
- This App or website may from time to time contain hyperlinks to other App or websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked App or website. Any hyperlink on our App or website to another App or website does not imply our endorsement, support, or sponsorship of the operator of that App or website nor of the information and/or products which they provide.
- Linking our App or website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- The copyright to all content on this App or website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this App or website are either owned by us or we have a licence to use them. Your access to our App or website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “comments” or “reviews”) which you provide to us through this App or website becomes our property. If in future we use your Comments in promoting our App or website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- By providing us with Comments, you acknowledge and agree that we can dispose of those Comments in any way, including deleting or blocking the assess thereof.
- We bear no responsibility for home cooks or chefs supplying their services through the App or website, we strongly encourage said suppliers to obtain their own insurance including occupational and safety insurance. All suppliers providing services through the App or Website operate as independent contractors and not as employees of us.
- Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
- We do not provide any warranty for any goods or services of a third party ordered through our App or website. We are not liable for any claim relating to actual food ordered via the app software.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our App or website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our App or website or any linked App or website.
- From time to time we may host third party content on our App or website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
- Services or Goods posted or offered for sale on the App or website are not endorsed or tested by us. We do not provide any warranties that goods and services supplied by third parties are fit for purpose nor do we make any representations about the quality of products and services sold through the website.
- If you have a complaint about goods and services offered by third parties through our website or App, we will endeavour to supply your comments or complaints to the supplier.
- We bear no liability for comments or ratings or content posted by third party users and suppliers to the App or website.
- Users supplying food or food preparation services pursuant to this App or Website agree to supply certificates demonstrating compliance with Food Safety Rules in their jurisdiction.
- Wherein a user provides a premises for delivery of food related services, we bear no responsibility for safety or suitability of the premises. We note that we have not independently reviewed these premises for safety or suitability.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a. Schedule 2 of the C&C Act; and
b. those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of any of our goods or services to you, if they are defective then:-
a. Provide again or rectify any goods or services or part of them that are defective; or
b. Wholly or partly recompense you if they are defective.
- We do not provide any warranty for any goods or services of a third party ordered through our App or website. By ordering goods or services of a third party through our App or website, you agree that we will not be responsible for any issue of the goods or services of a third party. You also agree to waive all legal responsibilities, to the extent permitted by law, against us in relation to any goods or services provided by a third party.
Limitation of Liability
- TheseTerms and Conditionsare between you and us, and not Apple, Inc. or Google Inc (jointly and separately referred to as “Marketplaces”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Marketplaces has the right to enforce this Agreement against you. Apple, Inc. or Google Inc are not responsible for the App and its content.
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d. We do not participate in any way in the transactions between our users.
- By accessing our App or website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our App or website and/or adverse claims about the quality of goods and services supplied by third parties.
- These terms and conditionsare to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditionswill be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.
- If any provision inthese terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our App or website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.