Terms and Conditions
Last Modified: January 1, 2020
1. ACCEPTANCE OF THIS AGREEMENT
These Terms are a binding contract between you and Viv Enterprises Pty Ltd. This means that if you access or use our Platform, you acknowledge and agree that you (as well as any of your heirs or persons to whom you have assigned your legal rights) (collectively “you”) are telling us that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations relating to your access and use of the Platform.
If you use the Platform on behalf of an entity or organisation, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity or organisation, and that references to “you” and “your” in these Terms (except for in this sentence) refer to that entity or organisation.
You also agree to any additional terms applicable to specific services and/or features that are a part of, or may be from time to time, made a part of, the Platform (collectively, the “Additional Terms”). Subject to applicable law, the Additional Terms are a part of these Terms and are expressly incorporated herein by this reference. If you do not agree to these Terms, you may not use the Platform.
4. ACCOUNT REGISTRATION AND USE
4.1 Account Registration and Confidentiality. You are required to create an account to use parts of the Platform. During the registration process for your account, you must provide us with your email address and a password (that together will serve as your login credentials) and you may be required to provide additional information, such as your name, phone number and/or a credit card number. You understand and agree that it is your responsibility to ensure that your password remains confidential and secure. You also agree to keep all of the information you provide us up to-date.
4.2 Unauthorized Account Use. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. To notify us, please email us at [email protected]. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. By creating an account with us, you agree that you are fully responsible for all activities that occur under your login credentials and that we may assume that any communications we receive through your account have been made by you.
5. INTELLECTUAL PROPERTY OWNERSHIP
The Platform, and all materials contained in and on the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of us and our licensors. Except for the limited license expressly granted by us to you under these Terms, no other rights or licenses are granted to you under these Terms, either expressly, by implication or otherwise. All rights not expressly granted by us in these Terms are expressly reserved.
6. USER CONTENT AND SUBMISSIONS
6.1 User Content and Posts. The Platform may enable you to submit, post, upload, or otherwise make available (collectively, "Post") content, such as reviews, photos, ratings, and other content such as comments, ideas, and other feedback (collectively, "User Content"). User Content may be viewable by other users and may include information about you.
6.3 User Content Representations. You acknowledge and agree that all User Content that you Post is your responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that we do not control, and are not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors or other errors. You agree that you will indemnify, defend, and hold harmless use for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defence and control of such disputes, and in any event you will cooperate with us in asserting any available defences.
6.4 User Content Review and Use. You acknowledge and agree that we and our designees may, at our discretion, pre-screen User Content before its appearance on the Platform. However, we do not assume any obligation to pre-screen User Content. You further acknowledge and agree that we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Content for any reason, in our sole discretion. You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of and reliance on User Content.
6.5 Ratings and Reviews. When you Post a rating or review, you shall ensure that (i) your rating or review is based on your first-hand experience with Stratford Deli Catering within the thirty (30) days prior to your rating or review; ii) you do not draw any legal conclusions regarding the products, services, or conduct; and (iv) your review complies with these Terms. We may remove any rating or review if we determine, in our sole discretion, that it violates these Terms or diminishes the integrity of the ratings and reviews.
You consent to accept and receive communications from us, including e-mail, calls, push notifications and text messages to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialling systems which may deliver pre-recorded messages. Any text messages we send to you are subject to our SMS Terms & Conditions. You may opt-out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Platform.
8.1 Payment Authorisation. You authorise us to charge all amounts owed for orders you place to the payment method you specify at the time of purchase. If you pay any amounts with a credit card, we may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
8.2 Other Fees. We reserve the right to establish, remove, and/or revise fees, or other amounts for any or all services or features we provide through the Platform
8.3 Courtesy/Promotional Credits and Other Discounts, Promotions and Offers. From time to time, we may offer courtesy/promotional credits or other discounts, promotions or offers. Any courtesy/promotional credits that you receive may only be used to purchase goods or services, are non-transferrable and are not redeemable for cash. Other discounts, promotions or offers are also non-transferrable and are not redeemable for cash. We reserve the right to expire, limit, or modify any courtesy/promotional credits or other discounts, promotions or offers at any time. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future credits and any other forms of unredeemed value in or associated with your account without prior notice to you.
9. LICENSE AND PROHIBITED CONDUCT
In addition, at our request you must destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.
9.2 Prohibited Uses. Use of the Platform for any illegal purpose—or for any other purpose not expressly permitted in these Terms—is strictly prohibited. Without limitation, you will not use the Platform to:
● Post User Content that: (i) harasses, abuses, or threatens any other person, or that contains obscene content; (ii) is false, misleading, or inaccurate; (iii) degrades or discriminates against others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or any other classification; (iv) is indecent, offensive, harassing, violent, hateful, inflammatory, unlawful, harmful, tortious, defamatory, libellous, or invasive of another’s privacy; (v) promotes sexually explicit or pornographic material, violence, or any illegal acts; (vi) infringes the legal rights of any person or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; or (vii) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
● Promote any commercial purpose, such as to benchmark or compile information for a product or service;
● Copy, download (other than through page caching for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Platform, by any means except as provided for in these Terms or with our prior written consent;
● Scrape, access, monitor, index, frame, link, or copy any content or information by accessing the Platform in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Platform through a browser or accessing the Platform through any API provided or approved by us;
● Breach the restrictions in any robot exclusion headers of the Platform, if any, or bypass or circumvent other measures employed to prevent or limit access to the Platform;
● Advocate illegal activity or discuss illegal activities with the intent to commit them;
● Engage in money laundering or any other fraudulent activity;
● Make available any material that contains any software, device, instructions, computer code, files, programs, and/or other content or features designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
● Do anything that could disable, overburden, or impair the proper working of the Platform;
● Impede or otherwise prohibit communication or disrupt user discussion;
● Post, utilise, or otherwise make available any other party’s intellectual property, unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Platform;
● Post any trade secrets or other confidential information, or any material that you do not have a right to make available under any law or contractual relationships;
● Falsely state or otherwise misrepresent your affiliation with a person or entity;
● Impersonate any person or entity in a manner that does not constitute parody;
● Solicit personal or sensitive information from other users;
● Send spam, commercial electronic messages, or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Platform;
● Interfere with any other party’s use and enjoyment of the Platform.
10. LEGAL COMPLIANCE
12. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as below in the section entitled “Warranties, Disclaimers, and Limitation of Liability.” Accordingly, some of the below limitations may not apply to you.
13. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
13.1 Disclaimer of Warranties. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FEEDEE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FEEDEE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT YOUR USE OF THE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE (INCLUDING THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS)
13.2 Reasonability of Disclaimers and Limitations. YOU AND WE AGREE THAT THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND WE AGREE THAT THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THESE TERMS.
15. THIRD-PARTY LINKS AND SERVICES
16. MODIFICATION AND TERMINATION
16.1 Modification of Platform. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform or any part thereof. We may do this with or without providing notice to you of the modification or discontinuance. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.
16.2 Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Platform at any time. If we terminate your right to access the Platform, these Terms will terminate, and all rights you have to access the Platform will immediately terminate. Even if these Terms terminate, certain provisions of these Terms will still apply post termination, including without limitation the “Mandatory Arbitration and Class Action Waiver” provisions. Termination of your account may also include, at our sole discretion, the deletion of your account and/or User Content. If we delete your account or User Content, you will not be able to retrieve any information related to your account except as required by applicable law.
17. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others and require you to do the same. For this reason, it is our policy to terminate the account of a user who is deemed to infringe third-party intellectual property rights and/or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Platform, please send a written notice to our Copyright Agent at the address below that includes all of the following information.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interests. For example, if you are the owner of a copyright, your notice to us must include your signature.
2. A description of your copyrighted work or other intellectual property that you claim has been infringed. For example, this means that you could include a written description of the work you believe to be infringed or, for images, you could also copy-paste the image of the work you believe to be infringed into your notice to us.
3. A description of where the material you claim is infringing is located on the Platform. For example, providing us with a website URL or screenshot of the relevant page of our mobile app is the quickest way to help us locate content quickly.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
6. A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf. The above contact information is for intellectual property infringement notices only. DO NOT
CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please email us at [email protected]
20. CHANGES TO THESE TERMS
We may revise these Terms at any time. If we revise these Terms, we will give you notice of any revisions in accordance with legal requirements. If you do not agree to, or cannot comply with, any modified Terms, you must stop using the Platform. Your continued use of the Platform after any such update constitutes your binding acceptance of such changes. The Terms were most recently updated on the last modified date at the top of this document.
21. GENERAL TERMS
21.1 Force Majeure. Under no circumstances shall Stratford Deli Catering or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
21.2 Waiver. If we fail to insist that you perform any obligations under these Terms, that will not mean that you do not have to comply with your obligations. If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
21.3 Severability. Each provision of these Terms operates separately. If any court or relevant authority decides that any provision is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
21.4 Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
21.5 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. This means that unless we say otherwise in these Terms, no one other than you can benefit from the contract set forth between you and us in these Terms.
21.6 Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Stratford Deli Catering, and take precedence over any prior agreements between you and Stratford Deli Catering relating to the Platform, except as expressly provided herein.
21.7 Assignment and Succession. You may not assign or delegate any rights or licenses granted to you by these Terms. Stratford Deli Catering may assign or delegate any rights or licenses granted to us by these Terms without restriction. These Terms bind and inure to the benefit of your and our successors and those to which you or we have assigned legal responsibilities.
21.8 Relationship Between You and Us. No agency, partnership, joint venture, or employee/employer relationship is intended or created by these Terms. Put another way, Stratford Deli Catering is an independent contractor, and you agree that Stratford Deli Catering is not responsible for any information you convey, in any manner, and has no control over any actions you take or statements that you make.
21.9 Electronic Agreement. You agree that these Terms, and any other agreements made by and between you and us, in electronic form are as legally binding as if made in physical written form.
21.11 Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.