LunchFox Terms of Use

Overview
1. These terms and conditions (Terms and Conditions) record an agreement between the user (you) and LunchFox Pty Ltd ACN 649 848 028 (LunchFox, we, us, ours) for the purposes of you subscribing to use the LunchFox platform (Platform).
2. The Platform is a free to use platform to be used by parents and guardians of students in primary and high schools (Student), to order meals for Students from local cafes and restaurants (Caterers).
Subscription
1. At the time you subscribe to use the Platform you must provide:
  1. A valid email address;
  2. A phone number;
  3. A valid Australian credit card number or bank account number for payment purposes;
  4. In respect of each of Student, the Student’s
    1. Name;
    2. School;
    3. Year level (grade); and
    4. Allergies as applicable.
  5. Any other information required to complete the account establishment process.

(Client Data).

1. Failure to supply correct Client Data may result in us cancelling your subscription.
2. If the Student you are using the Platform on behalf of has any food based allergies, you must notify us of this through the functionality provided in the Platform. We accept no liability for any loss, damage, or harm caused by an allergic reaction of a Student.
3. You must update your Client Data if there are any changes to ensure that it is current and accurate at all times.
4. We may use the Client Data for the purpose of providing the functionality of the Platform and any related purpose. We may share the Client Data with other parties, including stakeholders and suppliers for this purpose.
5. When you subscribe to the Platform you will be asked to provide a contact email address. An activation email will be sent to this address together with your password and login details.
6. We will collaborate with you to perform and complete all required onboarding actions and steps to allow you to commence using the Platform.
7. You are responsible for maintaining the security of your login and account information (including the password). We are not liable for any loss or damage from your failure to comply with this security obligation.
8. You are responsible for all activities that occur on your account, and we will not be liable for any loss or damage from activities on your account.
9. You must use the Platform for its intended purpose. You may not use the software for any illegal or unauthorised purpose, including the transmission of malware, or to violate any laws in your jurisdiction, including but not limited to copyright laws.
10. All Client Data will be stored and maintained by or on behalf of us in accordance with Australian law.
11. Our use of any personal information provided within the Client Data will be in accordance with our Privacy Policy available at https://lunchfox.com.au/privacy-policy
Operation and Use
1. Operation of the Platform requires you to follow the operating instruction provided by us.
2. As a subscriber to the Platform you warrant that you will comply fully with all our operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.
3. We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.
4. We may suspend your subscription for any one or more periods of time if we are unable to provide the software due to a fault or dysfunction with our servers.
5. If the School has a nut and / or allergy policy, you must ensure you are familiar with this policy and you must not order food or meals that do not comply with this policy for a Student from a Caterer.
6. We may allow or enable the ability for you to rate and leave reviews for Caterers through the Platform (Reviews). You are responsible for Reviews that you upload to the Platform, including their legality, reliability, and appropriateness.
7. You shall not upload any content onto the Platform that is:
  1. Unlawful or promoting unlawful activity;
  2. Defamatory, offensive, discriminatory, obscene, threatening, intending to disgust, inciting violence, or otherwise objectionable;
  3. Spam, machine, or randomly generated;
  4. Constituting unauthorised or unsolicited advertising, chain letters, or any form of lottery or gambling;
  5. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment; or
  6. Otherwise not appropriated or suited for the intended function of the Platform.
8. We reserve the right at our absolute discretion to determine whether any uploaded content or Review are appropriate and compliant with these Terms and Conditions, and to refuse or remove any of your Reviews.
Marketplace Only
1. The Platform provides a marketplace through which you can order lunches for Students from Caterers (Transaction). Our involvement in the Transaction is limited to that of a facilitator to the Transaction. We are not and do not purport to be a Caterer, a Customer to a Caterer, a guarantor, or otherwise a contractual party to the Transaction.
2. Our involvement in the Transaction is limited to the following capacity:
  1. Facilitating the Transaction by allowing you to order lunches from Caterers; and
  2. Collecting payment from you and remitting it to the Caterer.
3. When you order any food from a Caterer through the Platform, you are entering into a contract with the Caterer. We are not a party to this contract and are not responsible for the performance of you or the Caterer obligations under this contract.
Fees and payment
1. The price to order food is payable by you to the Caterer pursuant to this clause 5 (Meal Fee). You must complete any forms required by us through the Platform to enable us to process payment of the Meal Fee.
2. The Meal Fee will be the amount stipulated by the Caterer on their menu which can be accessed through the Platform. The Caterer may impose a delivery charge which will also be displayed on the Platform prior to ordering. The Meal Fee is set by the Caterer at the Caterer’s discretion, and may be subject to change.
3. We may utilise third party payment processors to process and remit payments through the Platform. Payments submitted through the third party payment processing service are subject to the payment processor’s terms and conditions. We are not liable for any issues, including charges from your financial institution, which may arise as a result of this service.
4. You authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided in your Client Data for payment of all Meal Fees.
5. The Meal Fee is payable by you in full upon ordering any meal or food from a Caterer. We will process payment of the Meal Fee at the time of ordering, which will be held until it is approved to be remitted to the Caterer.
Term and Termination
1. Subject to clause 5 above, your use of the Platform is free to use, and you may install, uninstall, use or discontinue using the Platform at any time.
2. These Terms and Conditions apply to your use of the Platform continuous and anew each time you use the Platform.
3. We can cancel your subscription or permanently or temporarily suspend your access to the Platform immediately and without notice if you are in breach of any of these Terms and Conditions.
4. Our ability to provide the Platform and its functionality is reliant on an agreement between us and the school your Student attends (School Agreement). If, for any reason whatsoever, the School Agreement is terminated, whether by us or by the school, these Terms and Conditions will also be terminated and you will no longer be able to use the Platform.
Intellectual Property
1. Your subscription to the Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform beyond the ability to use it for its intended use.
2. Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Platform, or your subscription to the Platform.
3. By accepting these Terms and Conditions you undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you, your business or its members, employees, officers, affiliates, customers, or anyone else.
4. All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising the Platform), the data derived from use of the Platform, and any other documentation, information or materials that are supplied by the Platform to you, remain the exclusive property of us or our third-party licensors. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.
Modifications to the Platform
1. We reserve the right to modify or discontinue, temporarily or permanently, the Platform and its other products and services with or without notice.
Warranties
1. By using the Platform, you represent and warrant to us that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Platform.
2. Subject to any of the rights you may have under Australian Consumer Protection Law, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Platform or any other matter under these Terms and Conditions.
Limitation of Liability and Indemnity
1. The Platform is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
  1. The operation and functionality of the software;
  2. the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the software content;
  3. Any loss or damage arising out of a Transaction; and/or
  4. the products and services associated with the software or its content.
2. You agree to defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:
  1. Your access to or use of the Platform;
  2. Your violation of this agreement;

Any infringement by you of any intellectual property or other right of any person or entity.

1. Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
2. All Caterers on the Platform are required to enter into contracts with us which set out their obligations as a Caterer on the Platform. These obligations include, among other things, requirements to meet certain health and safety standards in delivering food to Students. We require Caterers to maintain ordinary health and safety standards expected of any licensed food provider in Australia. However, we are unable to and do not warrant or guarantee the health and safety of each meal delivered to a Student by a Caterer. To the full extent permitted by law, we disclaim all liability, loss or damages arising from food or a meal delivered by a Caterer, including but not limited to loss or damage caused by:
  1. Food poisoning;
  2. Allergens;
  3. Contaminants;
  4. Off or expired produce;
  5. Any other foodborne or food-related illnesses or injury.
3. We do not procure the delivery of meals to Students, and do not provide delivery people to deliver meals to Students. It is the Caterers’ obligation to ensure, and we will not be liable for, the timely and safe delivery of any meal to the Student, and any delays or problems with the delivery of meals to Students must be addressed between you and the Caterer only.
4. The school attended by your Student (School) is party to an agreement with us, which sets out our and the School’s obligations as to facilitating the delivery of meals by Caterers. You should make the necessary enquiries with the School to ensure your Student is able to collect the meal as per the requirements of the School.
5. Our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action will at all times be limited to the greater of (i) the amount paid, if any, by you to us in connection with the Platform in the 2 months prior to the action giving rise to liability or (ii) $1.00.
General
1. To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
2. You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway and related technology required to run the Platform.
3. You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or with us.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the platform, or access to the Platform without our prior express written permission. We claim all copyright and all other intellectual property rights over the Platform and our other products and services and reserves all of our rights.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers may result in immediate termination of your access to the Platform.
6. We do not warrant that:
  1. The Platform will meet your specific requirements;
  2. The Platform will be uninterrupted, timely, secure, or error-free;
  3. Any errors in the Platform will be corrected.
7. You expressly understand, agree and warrant that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
  1. the use or the inability to use the Platform;
  2. unauthorised access to or alteration of your transmissions or data;
  3. or any other matter relating to the Platform.
8. Any failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us.
9. Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.
10. We make no representations or warranties that the content of the Platform complies with the laws (including intellectual property laws) of any country outside Australia.
11. Any queries about the Terms and Conditions should be sent by email to us at louise@lunchfox.com.au or info@lunchfox.com.au
12. This Agreement is governed by the laws of Victoria, Australia, and any dispute arising out of this Agreement or your use of Platform will be subject to the courts of Victoria.