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Foodorb

Welcome to www.foodorb.com here in after referred to as the ("Website", "Site", "We", "Us", "Our"), owned and operated by Food Orb Pty Ltd (hereinafter referred to as “the Company”). The websiteis offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").

BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, Users (hereinafter referred to as “You” or “Your”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU BUY ANY PRODUCT ON THIS WEBSITE YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.

Our website is an e-commerce platform that lists the various food items and other related items and services and the users can surf through the website and buy the items as per their choice.

Please read carefully these Terms and our Privacy Policy, which may be found at https://www.foodorb.com/pages/privacy-policy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties. This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

  1. DEFINITIONS
  2. INTERPRETATIONS
  3. ELIGIBILITY
  4. REGISTRATION
  5. SERVICES
  6. PAYMENT
  7. FRAUDULENT/DECLINED TRANSACTIONS
  8. CANCELLATION, REFUNDS AND REPLACEMENT
  9. WARRANTIES BY USERS
  10. MISUSE OF THE WEBSITE
  11. OWNERSHIP
  12. INTELLECTUAL PROPERTY RIGHTS
  13. REVIEWS, FEEDBACKS AND SUBMISSIONS
  14. INDEMNITY
  15. TERMINATION
  16. GOVERNING LAW AND JURISDICTION
  17. DISPUTE RESOLUTION
  18. DISCLAIMERS
  19. PRIVACY
  20. SECURITY
  21. EXPRESS RELEASE
  22. USER AGREEMENT AS DEFENCE
  23. NOTICES
  24. OUR SERVICE AND GUARANTEES
  25. LINKS TO OTHER WEBSITES
  26. NO WAIVER IMPLIED
  27. SEVERABILITY
  28. ASSIGNMENT
  29. FORCE MAJEURE
  30. DIGITAL SIGNATURE
  31. MODIFICATION
  32. COMMUNICATIONS
  33. ENTIRE AGREEMENT
  34. CONTACT US

1. DEFINITIONS

  1. "Agreement" means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
  2. www.foodorb.commeans the online platform and the services provided by it and its affiliates owned and operated by Food Orb Pty Ltd, which provides a venue/ platform to the Purchasers to buy food items and other related items and services;
  3. "User/You/Customer" means an individual who uses the website and purchases the products listed therein;
  4. "Service" means any online facility made available through website by the Company either now or in the future.
  5. "Registration" means the feature offered to users to register on our website by providing us your Username, Email- address, password, etc. Once you register with us, you can login to our website using your own id and password and purchase the products listed therein;
  6. "Content" means text, graphics, images, music, software, audio, video, information,or other materials.
  7. "User Content" means all content that a user submits or transmits to us through email, feedback, comments and messages on our website.
  8. "Our website Content" shall mean all Content that our website makes available through the website or Services, including any Content licensed from a third party, but excluding user Content.
  9. "Collective Content" means User Content and our website Content.

2. INTERPRETATIONS

  1. The official language of these terms shall be English.
  2. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.

3. ELIGIBILITY

  1. You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
  2. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our website reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
  3. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
  4. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
  5. Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.

4. REGISTRATION

  1. It is mandatory for users/customers to register with us if they wish to make any purchase on our website.
  2. In order to register on our website, the users will have to click on “Sign Up” option appearing on the top of the task bar of the website which shall direct you to the registration page and therein you have to provide us with details such as your Username, First Name, Last name, Mobile Number, e-mail address, and address and thereafter you will have to click on the "Sign Up" button which shall create your account on our website. The accounts will provide the user with various features, the details of which are mentioned further in section 5 of the present document.
  3. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us via call or email at the Contact details provided on the website of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
  4. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
  5. When creating an Account, don't:
    1. Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
    2. Use a username that is the name of another person with the intent to impersonate that person;
    3. Use a username that is subject to rights of another person without appropriate authorization; or
    4. Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
  6. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at complaints@foodorb.com.
  7. You may not transfer or sell your account on our website and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
  8. Our Services are not available to temporarily or indefinitely suspended Users. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
  9. One individual/entity can own only one account in his/her/its name.
  10. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our terms of use and all other policies listed on the website and all other operating rules, policies and procedures that may be published from time to time on the website by the Company.

5. SERVICES

  1. Our website offers a platform to users wherein users can explore, find and buy
    • Food and Kitchen Items;
    • Food Services
    • Food Experiences and Programs and
    • Food and Health Books
  2. In order to make a purchase on the website, the users will have to first surf through the products and then click on the relevant product which shall enlist all the relevant detail about the product such as Pricing, details, reviews on the product.
  3. Post which, the user shall have two options that is either to buy the product for which it will have to click on “Buy Now” or if the users wants to continue with the shopping the it can add the product to the “Cart” and continue with the shopping.
  4. If the User/Customer/Purchaser adds the products to the Cart, then it will have to click on the “cart icon” appearing on the top corner of the website. The cart shall list out all the items that the User/Customer/Purchaser has shopped and will give all the details such as estimated total, quantity, etc. the Customer can add the product or remove the products from the cart.
  5. Once the customer has finished with all shopping and wants to place the order, it will have to click on the “Place Order” option which shall direct the customer to the page wherein it will have to fill in details of shipping address and a contact number of the person who could be contacted by the delivery personnel, if the order has to be shipped to a different address and to a different person other than the one mentioned while registering, the remaining details about the customer will be filled automatically.
  6. The customer will have to choose options of payment and make the payments as per the details mentioned in section 6 of the present Agreement.
  7. If the user wants to posts any food related job, then it will have to log in through its registered account and accordingly click post job option, and complete other formalities listed therein;
  8. If the user wishes to apply for any posted food job, it will have to log in through its registered account and surf the job and click on “Apply Now” option that shall send its saved resume to the employer;
  9. If the user is a registered seller, then it can Partner with other sellers, wherein they can partner with other sellers by inviting them to Partner with them and grow businesses.
  10. The users can also chat, follow, post about food related programs, services, experiences through their online accounts.

6. PAYMENT

  1. The price of the product will be listed on our website and the estimated total will be provided when the customer will place the order;
  2. Our website offers following modes of payment:
    1. Valid credit cards/Debit cards
  3. The customer can choose either of the options as per its own choice and convenience;
  4. The customers will be charged with the shipping charges as well and the amount of the charges shall be intimated to the customer while it will be placing the order.
  5. Users expressly agree and acknowledge that our website may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our website.
  6. Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our website may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
  7. Users agree that they will hold our website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
  8. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment provider. For more information on their security and privacy policy you may refer to the Privacy Policy of these third party payment providers before proceeding with payment option.

7. FRAUDULENT/DECLINED TRANSACTIONS

  1. Our website reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
  2. We as Service Providers shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder.

8. CANCELLATION, REFUNDS AND REPLACEMENT

  1. The orders once placed by the customer are non-cancellable and the Company or the website shall entertain no requests of cancellation of the order.
  2. However, our Company has an effective replacement and refund policy. The products will be replaced only on the following grounds:
    1. If the product delivered to the Customer is defective;
    2. If the product delivered to the is an expired product thus rendering it unfit for consumption;
    3. If the customer has been shipped with the wrong order.
  3. For the reasons attributed in clause 8 (ii), the customer may make a complaint about the order or the product on our compliant number appearing on our website within 24 hours of receiving of the product. It shall also provide us with the pictures of the defected product shipped to it.
  4. If the customer fails to make the complaint within 24 hours of receiving the order, the Company shall not be liable towards any refunds or replacements;
  5. The Company shall consider the complaint of the customer and shall investigate upon it, if the Company is satisfied that the customer has a genuine compliant it shall call back the product from the Customer.
  6. In such a case, the Company shalleither replace the product or provide the customer with a new and correct product or it shall refund the money into the account of the customer provided if the product cannot be replaced. Such refund shall take place within 7 days from the date the Company receives back the product.

9. WARRANTIES BY USERS

Users warrant as follows:-
  1. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website without prior intimation whatsoever.
  2. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
  3. You shall at all times ensure full compliance with various laws regarding your use of our services.
  4. You shall not hold the Company or Website liable for any issues that occur between you and another user in case you share your personal details with another user and that another user misuses that information. The company shall never ask the registered users to share their personal information with any other user on the website.
  5. You shall be solely responsible for any breach of your personal information in case you transmit it to any other user on our website and the Company shall in no case be liable or responsible for either protecting the same or for its breach.
  6. The users shall make the complaints regarding the product which they have purchased through our website, only to the Company and shall not contact the Seller/Vendors directly. The users shall also not in any case post any negative feedback about the product or post any complaints on social media platforms such as Facebook, Twitter, etc and they shall also not use the social platform of the website to post any denigrating comment or review about the products purchased by them through the website.
  7. Users agree that our website will in no case be held liable for any acts or omissions on the part of the job seeker or poster. Our website only serves as a platform for job seekers and posters to post jobs and apply for the same.
  8. Users agree that they shall not hold us liable for any act or omission of other users on the website. In case any posts of other users is obscene, vulgar or infringing upon the intellectual property right of any other user or third party, the user shall immediately notify us through the contact us option on the website or by reporting the content and we shall take actions upon the same as soon as possible.
  9. Users should refrain from sharing any personal and confidential details such as bank account numbers, etc with other users on the website and in case you do so, you shall be personally liable and responsible for the same. The website or its officers shall have no liability whatsoever in such a case.

10. MISUSE OF THE WEBSITE

  1. You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
  2. You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
  3. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
  4. You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.
  5. You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
  6. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
  7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
  8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  9. You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of our website and / or others.
  10. You shall solely enable us to use the information (such as comments, questions, messages etc.) you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the website.
  11. We reserve the right, but have no obligation, to monitor the materials posted on the website. Our website shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect our views. In no event shall our website assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
  12. It is possible that any of the user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
  13. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

11. OWNERSHIP

  1. All right, title, and interest in and to the website (excluding postings/content provided by the users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of Australia. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website.

12. INTELLECTUAL PROPERTY RIGHTS

  1. Our website, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of our website or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
  2. The website names and logos and all related service and our slogans are the trademarks or service marks of our website. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
  3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this website is the property of our website or its suppliers and protected by copyright laws of Australia. The Contents and software on this website may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of Australia. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our company and is also protected by Copyright laws of Australia.
  4. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
  5. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice at complaints@foodorb.com requesting that the material be removed, or access to it blocked, please provide us with the following information:
    1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
    2. identification of the copyrighted work claimed to have been infringed;
    3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. Your contact information, including your address, telephone number and an email address;
    5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
  6. You should assume that everything that you see or read on this website is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our website or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our internet sites are subject to the trademark rights of our website, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our website which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this website is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
  7. For further details about our Copyright Infringement Policy, please go through our Copyright Infringement policy which can be found at https://www.foodorb.com/pages/copyright-information-policy

13. REVIEWS, FEEDBACKS AND SUBMISSIONS

  1. All reviews, comments, feedback, postcards, suggestions, ideas, questions and other submissions disclosed, submitted or offered to us on this website or otherwise disclosed, submitted or offered in connection with your use of this website(collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
  2. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
  3. Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

14. INDEMNITY

  1. Users agree to defend, indemnify and hold harmless our website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

15. TERMINATION

  1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
  2. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
    1. if we determine that you have breached, or are acting in breach of, this User Agreement;
    2. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
    3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
    4. you do not respond to account verification requests;
    5. to manage any risk of loss to us, a User, or any other person; or
    6. For other similar reasons.
  3. If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the website.
  4. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

16. GOVERNING LAW AND JURISDICTION

  1. This Agreement shall be governed by and construed in accordance with the laws of Australia without regard to its choice of law principles.
  2. The parties consent to exclusive jurisdiction and venue in the courts sitting in Queensland.

17. DISPUTE RESOLUTION

  1. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  2. The venue for arbitration shall be Brisbane Magistrates Courts Building, Australia.
  3. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.

18. DISCLAIMERS

  1. The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
  2. The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
    1. Your use of or your inability to use our Website, Services and tools;
    2. Delays or disruptions in our Website, Services, or tools;
    3. Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
    4. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
    5. The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
    6. A suspension or other action taken with respect to your account; and
  3. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
  4. We shall not be held liable for any willful acts or omissions on the part of any job poster or job seeker. We serve only as a platform wherein users can interact with each other find food related jobs, etc. We just act as facilitator and not as any agent or partner of any party.
  5. The website and its officers shall in no case be held liable or responsible for any Copyright infringement done on part of any user, thus users should exercise their best discretion and prudence before posting any food related blog or article on its food wall, etc.

19. PRIVACY

  1. We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy.

20. SECURITY

  1. We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at complaints@foodorb.com upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the website, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
  2. You may write to us or contact us for the reckless behaviour of any other user which may cause injury either to you or us. We shall take into consideration your complaint and after properly scrutinizing your complaint, we shall take reasonable actions against such another user.

21. EXPRESS RELEASE

  1. You expressly agree to release us including our directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes amongst users or third parties through or on our website.

22. USER AGREEMENT AS DEFENCE

  1. The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.

23. NOTICES

  1. Any notices must be given by postal mail to us;
    Attn: Legal Department at complaints@foodorb.com.
  2. In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.

24. OUR SERVICE AND GUARANTEES

  1. Our website reserves the right to modify or terminate the website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our website does not guarantee continuous, uninterrupted access to the website, and operation of the website may be interfered with by numerous factors outside our control.

25. LINKS TO OTHER WEBSITES

  1. Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content and their privacy policy and terms and conditions. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this website, you do this entirely at your own risk.

26. NO WAIVER IMPLIED

  1. The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

27. SEVERABILITY

  1. Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

28. ASSIGNMENT

  1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
  2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

29. FORCE MAJEURE

  1. We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
    1. Acts of god;
    2. Natural disasters;
    3. Sabotage;
    4. Accident;
    5. Riot;
    6. Shortage of supplies, equipment, and materials;
    7. Strikes and lockouts;
    8. Civil unrest;
    9. Computer hacking; or
    10. Malicious damage.

30. DIGITAL SIGNATURE

  1. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
  2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
  3. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our website. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
  4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at hello@foodorb.com.

31. MODIFICATION

  1. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our website. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our website. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this website.

32. COMMUNICATIONS

  1. Our website's team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at hello@foodorb.com or by clicking the unsubscribe link in our emails sent to you.
  2. You consent to receive notices and information from us in respect of the website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

33. ENTIRE AGREEMENT

  1. The Agreement, in connection with the other obligations and rules detailed in writing on the website, constitute the entire agreement between you and the website and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the website. Nothing in this subsection will prevent the website from modifying the terms of these Terms and Conditions and posting such other modified terms and conditions.

34. CONTACT US

  1. For any further clarification of out Terms and Conditions, please write to us at hello@foodorb.com.
  2. Our legal representatives can be contacted at Attn: Legal Department at complaints@foodorb.com.
  3. Our Dispute Resolution team can be contacted at complaints@foodorb.com.