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Terms and Conditions of Use

These Terms and Conditions set out your (“You” and “Your” to be similarly construed) rights and obligations with respect to the Material provided through the Website by MealDish (ACN: 147 863 652) (herein referred to as “MealDish”) and Your use of the Website, and furthermore, sets out the entire agreement as between You and MealDish.

By downloading and/or using the Website, You are agreeing to these Terms and Conditions and hereby agree and acknowledge as follows:

  1. MealDish operates an informational website relating to food, nutritional and recipe based materials (the “Material”) through the website www.mealdish.com (the “Website”);
  2. You warrant and represent that you are entitled to access the Website within Your jurisdiction;
  3. You agree and acknowledge that:
    1. The Website and Material may refer to products and/or services provided by third parties (the “Third Party Offering”) and nothing in the Materials or Website is to be taken to mean that any Third Party Offering has the sponsorship, approval, endorsement, or affiliation with MealDish;
    2. Whilst MealDish makes every reasonable effort to ensure that the information relating to the nutritional, compositional, sourcing or allergen information relating to a Third Party Offering contained in the Material and on the Website is correct, MealDish provides no warranty or representation that such information is correct. Furthermore, should you be required to refer to any nutritional, compositional, sourcing or allergen information relating to a Third Party Offering, for the purposes of obtaining such information, you will refer directly to the Third Party Offering or the manufacturer or supplier of such;
    3. MealDish does not make any and (to the extent permitted by law) excludes all warranties, terms, conditions or undertakings, whether express or implied, written or oral, statutory or otherwise including any implied warranty with respect to the safety, efficacy, compliance with any relevant health and safety legislation, regulation or technical standards, fitness for purpose or merchantability, or accuracy of information with respect to any Third Party Offering or in respect to the allergen or GMO content of such;
    4. The manufacturers or suppliers of Third Party Offerings are third parties who operate their businesses as separate and distinct entities from MealDish and furthermore are not employees, agents or affiliates of MealDish and are not connected in any other way with MealDish;
    5. MealDish makes no warranty or representation with respect to the availability of any Third Party Offering.
  4. Any Third Party Offerings marketed or offered through the Website or Materials and purchased by You will be subject to a separate agreement as between You and the provider of said Third Party Offering and for the avoidance of doubt, MealDish will not be a party to any such agreement or arrangement;
  5. You agree and acknowledge that the Material and Website may contain information relating to the nutritional, health and safety of certain foods and ingredients and that such information is provided by MealDish for information purposes only and you should seek the advice of an independent and duly qualified medical professional prior to commencing any change to your diet or eating habits;
  6. You release and indemnify and will continue to release and indemnify MealDish, its officers, employees, subcontractors and agents from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss) and any infringement of copyright, patents, trade marks, designs or other intellectual property rights, howsoever arising out of Your exercise of Your rights under these Terms and Conditions, including without limitation in relation to any Third Party Offerings, or to any Material or other such material provided or made available to you through the Website or Material or your reliance upon said Material, and from and against all damages, costs and expenses incurred in defending or settling any such claim, proceeding or demand;
  7. By downloading or using the Website or Material, you agree that MealDish may, to the extent permitted by any relevant laws, use any personal information you provide to us for the purposes of providing you with advertising and/or promotional material including but not limited to the Material and You consent to the release of said personal information to MealDish and its affiliates and partners for the purposes of allowing them to develop Material to be provided to You through the Website or such other communication mediums as you elect MealDish to contact you through.
  8. You warrant and represent that all information you provide to MealDish is accurate and correct;
  9. The Website or the Material may contain information, material, links, comments, views or opinions relating to Third Party Offerings or other third parties, and MealDish does not approve, endorse or otherwise sponsor any of the comments, views or opinions contained therein;
  10. You will not post, distribute or otherwise disseminate any material through the Website that is in anyway unlawful, obscene or otherwise offensive nor post any links to websites containing any such material;
  11. You will not post, distribute or otherwise disseminate any software, virus or other such malicious code that may cause damage or disruption to the Website, the software or hardware used by MealDish (or its third party nominees) in providing the Website or Material to third party users, or to the software or hardware of any third party user of the Website or recipient of Material;
  12. You will not post, distribute or otherwise disseminate any material of a commercial nature through the Website and you will not authorise any third party to do so on your behalf;
  13. All Material including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and any other such material as provided or made available to you through the Website (the “Website IP”) remains the sole property of MealDish including any intellectual property rights (as recognised under any applicable Australian or International law) comprised therein;
  14. You are not permitted to transmit, distribute, disseminate or otherwise communicate any Material or Website IP through any means to any third parties and you are not permitted to authorise any third party to do so on your behalf;
  15. You are not permitted to use, re-use, incorporate, re-fashion, extract or otherwise use the Material or the Website IP for any purpose not expressly provided for under these Terms and Conditions and you are not permitted to authorise any third party to do so on your behalf;
  16. You warrant and represent that you are the owner of, or have the right to provide, all material and/or other information transmitted by you via the Website or otherwise provided to MealDish. For the avoidance of doubt, you warrant and represent that any material and/or other information transmitted by you via the Website or otherwise provided to MealDish does not infringe the intellectual property rights of any third party;
  17. You grant MealDish an irrevocable, fee free, royalty free, perpetual licence to use any material you provide to MealDish through the Website or any other communication means;
  18. In the event that You breach any of these Terms or Conditions, MealDish reserves the right to immediately and without notice, terminate and revoke Your access to the Website and subject to any applicable fair trading legislation you will have no right to seek any refund in respect of any monies paid by You for the Website;
  19. MealDish may publish and update a Privacy Policy from time to time and you agree and acknowledge that the provisions of said Privacy Policy will be subject to and form part of these Terms and Conditions;
  20. You agree and acknowledge that:
    1. MealDish has not made any and excludes all warranties, terms, conditions or undertakings, whether express or implied, written or oral, statutory or otherwise including any implied warranty of merchantability or of fitness for a particular purpose in respect of the Website or the Materials. To the full extent permitted by the laws of the Commonwealth of Australia or of any State or Territory of Australia having jurisdiction, any conditions or warranties imposed by such legislation are excluded.
    2. MealDish will not be liable for any special, indirect or consequential damages arising under or pursuant to these Terms and Conditions or in respect to Your use of the Website or the Materials, or Your reliance upon any information provided to You through the Website or the Materials; and
    3. MealDish has not made and does not by entering into these Terms and Conditions make any representation or warranty, express or implied, that the Website or the Material does not infringe any third party’s intellectual property rights;
    4. The Website is provided on an “as is” basis and MealDish does not by entering into these Terms and Conditions or providing the access to the Website or the Materials make any representation or warranty, express or implied, that the Website does not contain any defects and/or faults;
  21. Any illegal or invalid provision of these Terms and Conditions will be severable and all other provisions will remain in full force and effect;
  22. Other than as expressly provided, these Terms and Conditions contain the whole of the agreement between You and MealDish with respect to its subject matter and supersedes any and all other representations or statements by MealDish whether oral or in writing and whether made prior or subsequent to you agreeing to these Terms and Conditions;
  23. MealDish will not be liable for any failure to carry out its obligations under these Terms and Conditions including but not limited to where such failure is due to any cause beyond the reasonable control of MealDish;
  24. If a dispute arises between You and MealDish, You agree to negotiate in good faith to resolve the Dispute. If the Dispute has not been resolved by negotiation within a reasonable time then either You or MealDish may refer the Dispute to mediation and will do so before initiating proceedings in a court to resolve the Dispute. A Dispute which is referred to mediation will be referred to the Australian Commercial Dispute Centre Limited (“ACDC”) and be conducted in accordance with, in the case where You are an Australian organisation or person, the ACDC Mediation Guidelines. If the Dispute has not been resolved within sixty (60) days of referral to ACDC either You or MealDish are free to initiate proceedings in a court. Nothing in this clause will prevent You or MealDish from seeking interlocutory relief through courts of appropriate jurisdiction;
  25. These Terms and Conditions will be governed by and construed in accordance with the Laws of the State of Victoria and You submit to the exclusive jurisdiction of the courts in that state;
  26. Clauses 3, 6, 13, 15, 17 and 20 to 25 will survive termination or expiration of these Terms and Conditions.