Hi there! Before you dive into the delicious world of Tasteable, take a moment to read through our Terms & Conditions.
These guidelines set out the rules for using our platform and ensure everyone knows what to expect.
We believe in transparency and fairness, and our Terms & Conditions reflect that. So, grab a cuppa and give them a read through before you get started.
Please read the following Terms and Conditions carefully.
Krisgreen Pty Ltd (‘Tasteable’, ‘our’, ‘we’ or ‘us’) is the owner of the Platform. By registering on and using the Platform you agree to abide by these Terms and Conditions (the Terms). These Terms set out the general legal relationship between you and Tasteable.
You acknowledge that:
1. You are over the age of eighteen (18) years; and
2. You have read and you agree to these Terms and our Privacy Policy,
by clicking to accept, or ticking the box under, “I have read and agree to the Terms and Privacy Policy of Tasteable”.
If you do not agree to these Terms, you will not be allowed to proceed with your intended registration on the Platform and purchases through the Platform, we will not provide you with any Services, and we ask you to cease using the Platform.
1. CONTRACT
1.1 Contract
(a) You agree that by clicking to accept under, “I have read and agree to the Terms and Privacy Policy of Tasteable”, you are making an offer to enter into a contract with us.
(b) In relation to any purchases made through the Platform, a contract between you and our Affiliated Vendors is formed for each purchase when we communicate the Affiliated Vendor’s acceptance of your offer, this may be in the form of an email confirmation, ‘confirmation of order’ and/or automated response.
(c) These Terms will prevail over any other documentation or communication from you or us.
1.2 Updates
We reserve the right to change these Terms from time to time, and at any time, and you agree to be bound by any such changes when they are posted on the Platform. You can terminate your access to the Platform at any time if you do not agree with any variation of these Terms.
2. DEFINITIONS
2.1 Definitions
Tasteable is an online marketplace, connecting our Affiliated Vendors with their customers (which can include you). For the purpose of these Terms:
(a) “Affiliated Vendor” means a vendor offering Products on the Platform.
(b) “Price” means the amount payable by you to purchase a Product from our Affiliated Vendors, any tax or GST imposed on the sale, and the applicable delivery fee. The individual prices of each Product, taxes and applicable delivery fees are detailed on the Platform.
(c) “Platform” means any mobile app (for Apple or Android), software, server or website (including Tasteable.com.au) to which you are granted access to purchase Products.
(d) “Product” means all goods and products sold via the Platform but does not include delivery of those Products to you (the Customer).
3. TERMS OF PURCHASE
3.1 Application of this clause
This clause 3 applies to the purchase of a Product through the Platform.
3.2 Payments
(a) We are an intermediary that connects Affiliated Vendors with Customers and manages the payment process.
(b) Our Affiliated Vendors reserve the right to accept or reject (in whole or in part) any order(s) for a Product placed by you (“an Order”).
(c) We are not obliged to process any Order until you have paid the Price in full (including any associated charges) for those Products.
(d) You can cancel your Order, and receive a full refund of the Price, at any time prior to acceptance of your Order by the Affilated Vendor.
(e) Once an Order has been received and accepted by the Affiliated Vendor, an order confirmation will be sent to your nominated email address and/or a notification sent to your phone or through the Platform. Payment of the Price is not considered ‘acceptance’ of an Order by the Affiliated Vendor.
(f) If an Affiliated Vendor rejects an Order, an order rejection will be sent to your nominated email address and/or a notification sent to your phone or through the Platform, and you will receive a full refund of the Price.
(g) Payments may be made by credit card, debit card, Google Pay, Apple Pay or by some other means permitted by us from time to time.
(h) All Prices appear in Australian dollars and are inclusive of GST (where applicable).
(i) You may update your payment method or details at the “check out”.
(j) All online credit card transactions are secured payments. If you have questions about security of payment, you can email us at support@Tasteable.au
3.3 Description of Goods
(a) We connect Customers to Affiliated Vendors. Products are advertised and sold by our Affiliated Vendors, but any representations made by us in respect of the Products are based on the Affiliated Vendor’s descriptions. You must decide the appropriateness of these Products for you including any dietary restrictions you may have. You may contact the Affiliated Vendor via the Platform’s ‘message feature’ to confirm whether the Products are suitable for you.
(b) Any descriptions or the like that we provide, are approximations provided by us in good faith based on advice from our Affiliated Vendors. Descriptions on the Platform do not represent any endorsement by us or reflect any independent assessment by us, and are provided only for general guidance and information only.
4. CUSTOMER’S OBLIGATIONS AND CUSTOMER ACCOUNT
4.1 Customer’s Obligations
You agree to:
(a) co-operate with us and provide us with any information reasonably required by us to provide you with access to the Platform (or to enable an Order to be placed with an Affiliated Vendor);
(b) register your details in the Platform;
(c) keep us notified of your correct name, physical address and any phone, or email information; and
(d) comply with all of these Terms (including the Code of Conduct).
4.2 Customer Account
(a) With respect to your customer account (on the Platform), you warrant and represent that you will:
(i) only submit accurate information;
(ii) agree to support the safe, respectful and positive user experience we aim to achieve in all of your dealings with us and with our Affiliated Vendors and abide by our Code of Conduct (detailed in clause 4.4 below);
(iii) keep your personal information up to date and accurate at all times;
(iv) choose an appropriate password (having regard to any password criteria posted on the Platform) and to keep your username and password confidential; and
(v) not transfer your account to another individual without our consent (which may be withheld in our absolute discretion).
(b) You must notify Tasteable immediately of any unauthorised use of your username, password or customer account. We reserve the right to request that you alter or change your username and password if we believe that they have been compromised.
(c) You can alter your password at any time via the Platform.
(d) If you give access to your customer account to third parties (whether intentionally or by accident):
(i) the third party has no right to use the Platform; and
(ii) we disclaim any liability in connection with a third party abusing or misusing your customer account as a result of your granting that access.
4.3 Use of the Platform
(a) Whilst we try to ensure that the Platform does not contain any errors, defects, malfunctions or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, mobile or tablet device, network or server that results from the download or use of the Platform or any of the data made available via the Platform.
(b) You acknowledge that you are responsible for taking appropriate precautions against viruses, hacking, and other types of computer misuse, even where the source of the malicious codes is from your access to our Platform.
4.4 Code of Conduct
You agree that in your use of the Platform:
(a) any information, comments or communications you upload or send through the Platform will not:
(i) breach any law or regulation;
(ii) infringe the legal rights of another person (such as copyright);
(iii) be fraudulent, abusive, obscene, threatening or libellous (including material that is harmful to children or violates third party privacy rights)
as determined by us in our absolute discretion;
(b) you will be respectful in all communications with us and our Affiliate Vendors (and we ask the same of our staff and our Affiliate Vendors in communicating with you);
(c) you will not allow unauthorised persons to access the Platform or any information or data stored on the Platform;
(d) you will not use the Platform in any way that may impair the availability or accessibility to the Platform;
(e) you will not use the Platform to purchase alcohol or tobacco Products of any type;
(f) you will not attempt to override any security or protective measures embedded in the Platform;
(g) you will comply with any reasonable directions given by us as to the use of any access codes, passwords or other security measures implemented by us to protect the integrity of the Platform;
(h) you will not use the Platform for any illegal, fraudulent or inappropriate purposes.
5. ACCESSIBILITY
5.1 Access
(a) Any right to access the customer account and information provided through the Platform is personal to you and may not be transferred or completed by any person.
(b) We will provide you access to the Platform content.
5.2 Copyright
(a) The information on the Platform is protected by copyright and other intellectual property rights owned by us or our Affiliated Vendors.
(b) Where you have been granted access to the Platform, you may not re-sell access to or make available the Platform or otherwise distribute usernames and passwords to anyone except as permitted under these Terms or as permitted in writing by Tasteable.
5.3 Licence
(a) In consideration for agreeing to be bound by these Terms but subject to your compliance with these Terms, we grant to you a non-exclusive, non-transferable, revocable licence to use the Platform. The licence confers personal rights of use only and does not confer any other right, title or interest in the whole or any part of the Platform or material contained within.
(b) You must not use the Platform licensed to you for any commercial purpose (other than placing Orders for Products).
(c) You must not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any part of Platform contents.
(d) Any use of the Platform not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.
5.4 Quality of the Services
(a) Tasteable does not give any representation or warranty of any kind (whether express, implied, statutory or otherwise) including in relation to the availability, accuracy, currency, completeness, quality, reliability or suitability of the Platform and any information or material available from it, or that the information or material will not infringe any third party intellectual property rights, or that the Platform will be free from defects, viruses, third party interception or other security threats or vulnerabilities including those which could cause loss or damage to you.
(b) Tasteable does not give any representation or warranty of any kind (whether express, implied, statutory or otherwise) in respect of the Products you Order. As stated in clause 3.3, all Products are advertised and sold by our Affiliated Vendors. If any representation or description of the Product is incorrect or misleading, that is a representation or description made by the relevant Affiliated Vendor. We rely in good faith on the Affiliated Vendor’s advice about the descriptions.
(c) Tasteable specialises in and connects home-based vendors with customers seeking cost-effective, home cooked food. We aim to list only the best of home cooks on our Platform and we review customer ratings to understand how our users view and rate each Affiliated Vendor. While we may include statements about “best” or “most popular” with respect to Affiliated Vendors or their Products, these statements are based on feedback from Customers and do not represent any endorsement or reflect any independent assessment by us. These statements are provided for general guidance and information only.
(d) Any claims or liability arising from the delivery, or non-delivery, the availability or the quality of the Products (etc) rests solely with the Affiliated Vendor with whom you place an Order.
(e) You are solely responsible for your use of the Platform (and any information or material available from it) and you accept all risks and consequences that might arise from your use of the Platform (and any information or material available from it and any Products purchased through the Platform).
(f) Tasteable is not in any way liable for losses, damages, costs, expenses and liability of any kind that you or any other person may suffer or incur directly or indirectly from you using the Platform and any information, material or Product available from it, although it may be accurate, we are unable to verify or guarantee authenticity of information on the site, so using or redistributing it is at your own risk.
(g) All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
5.5 Accessibility
(a) Tasteable will take all reasonable endeavours to ensure that the Platform is available 24 hours, 7 days a week, however Tasteable cannot promise that access to the Platform will be uninterrupted or error free.
(b) You acknowledge and agree that there may be occasions when access to the Platform is interrupted due to updates, internet failures or power outages, and in this instance:
(i) You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability; and
(ii) You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.
5.6 Third Party Links
The Platform may provide links to third-party websites from time to time. We are not responsible in any way for the content of any third-party websites or for goods or services provided by the operators of such websites.
6. CANCELLATION AND REFUNDS
6.1 Refunds
(a) If access to a Product becomes unavailable, you will not receive a refund of any kind.
(b) We reserve the right to issue refunds or credits at our sole discretion. Refunds are not based on quality of Products.
(c) If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
(d) As all Products are food-based, Products are not capable of being returned to us or our Affiliated Vendors.
(e) If you believe you are entitled to a refund, please contact the Affiliated Vendor in the first instance.
6.2 Change of Mind
If you wish to modify a Product because you have changed your mind about your purchase, you must contact our Affiliated Vendor directly. Tasteable will not offer you an exchange or refund once your Order has been processed and accepted by the Affiliated Vendor.
6.3 Not Fit for Purpose
Tasteable accepts no liability for the quality of the Product and any complaints about the quality or timely delivery of the Product must be addressed with the Affiliated Vendor.
7. PRIVACY
7.1 Authority
You warrant that you have the authority to submit any personal information delivered to us in connection with the use of the Platform or the purchase of any Products via the Platform.
7.2 Use of Personal Information
We may collect, use and disclose your personal information to perform our functions and for the purposes of improving the services we provide, in circumstances related to the public interest, for the purposes of law enforcement and public or individual safety. Disclosure of information collected may be to third parties, including the host of the Platform of the payment service provider.
7.3 Hosted on Cloud
Any personal information obtained, collected or submitted by us through the use of the Platform or the purchase of a Products through the Platform will be hosted on the cloud. The servers for this cloud-based platform may be hosted in or outside of Australia.
7.4 Consent to Privacy Policy
By using the Platform and/or by agreeing to these Terms, you consent to your personal information being collected, used and disclosed in accordance with these Terms and the Tasteable Privacy Policy.
8. TERMINATION
8.1 Termination of access to the Platform
We reserve all of our rights, including the right to:
(a) terminate your access to the Platform;
(b) terminate your access to your customer account; and
(c) block future access to the Platform, and your customer account,
if you violate any of these Terms or for convenience.
8.2 Termination by You
At any time you may terminate your access to the Platform by support@Tasteable.com.au. Deleting any app on your mobile phone or tablet device will not automatically delete your customer account and access to the Platform. You must contact support@Tasteable.com.au to request deletion of your personal information once your account has been terminated.
8.3 Consequences of Termination
Upon termination of these Terms with us for whatever reason, we may delete all information stored in your customer account of the Platform without further notice to you.
8.4 Reservation of Rights
(a) We reserve all of our rights to recover any loss or damage incurred as a result of your breach of these Terms.
(b) Tasteable reserves the right to cancel, interrupt, reschedule or modify any access to the Platform.
9. INDEMNITY & WARRANTY
9.1 Indemnity
(a) You agree to indemnify and hold us harmless for any claims for loss or damage (including death, personal injury or property loss or damage) suffered by any person arising out of your breach of these Terms, including but not limited to:
(i) your failure to obtain proper authority to obtain, collect or submit any personal information to us;
(ii) your failure to follow any instructions given;
(iii) your misuse of a Product;
(iv) your failure to provide us with true and accurate information; and
(v) your violating of any of our intellectual property rights, including by granting any third party access to your customer account.
(b) You agree to indemnify and hold us harmless for any claims for loss or damage suffered (including death, personal injury, property loss or damage, loss of profit or economic damage) by any person arising out of:
(i) a person’s reliance upon the material contained on the Platform provided by you or any other information incorporated by reference;
(ii) any loss or corruption of data, virus, hacking, Trojanware or scam that occurs as a result of or in connection with the use of or access to the Platform;
(iii) a person’s use of, access to or inability to use or access the Platform, or any internet website linked to the Platform;
(iv) the purchase of any Product via the Platform; or
(v) a person’s use or misuse of the Platform or any Product via the Platform.
9.2 Third parties
(a) You agree to indemnify and hold Tasteable harmless against any, and all losses, claims, costs, expenses, actions, demands, damages, liabilities, or any other proceedings, whatsoever incurred by Tasteable in respect of any claim by a third party arising from or connected to any breach by you of your obligations under these Terms.
(b) Tasteable shall not be liable for any losses, claims, expenses, actions, demands, damages, liabilities, or any other proceedings arising out of reliance on any information provided by you or any of your representatives, which is false, misleading, or incomplete.
(c) You agree to indemnify and hold harmless Tasteable from any such liabilities we may have to you or any third party as a result of reliance by Tasteable on any information provided by you or any of your representatives, which is false, misleading or incomplete.
(d) You agree to indemnify and hold harmless Tasteable in connection with a third party abusing or misusing your customer account as a result of your granting that access.
9.3 Warranty
You acknowledge and warrant that Tasteable is an online marketplace and you will seek all guidance directly from the Affiliated Vendor concerning Product details, dietary requirements and delivery arrangements should you require these.
10. OUR LIABILITY TO YOU
10.1 Exclusion
In no event will Tasteable be liable (including liability for negligence) for any loss or damage (including death, personal injury or property loss or damage) whatsoever arising out of:
(a) a person’s reliance upon the material contained on the Platform provided by you or any other information incorporated by reference;
(b) any loss or corruption of data, virus, hacking, Trojanware or scam that occurs as a result of or in connection with the use of or access to the Platform;
(c) a person’s use of, access to or inability to use or access the Platform, or any internet website linked to the Platform;
(d) the purchase of any Product via the Platform (including any personal injury, illness or death); or
(e) a person’s use or misuse of the Platform or any Product purchased via the Platform.
10.2 No economic loss
We will not be liable under any circumstances to you, or any third party, for any indirect or consequential loss of profit or other economic loss suffered by you (or a third party) howsoever caused, whether as a result of any negligence, breach of contract, misrepresentation, loss or corruption of data, or otherwise.
11. GENERAL
11.1 Entire Agreement
These Terms:
(a) are the entire agreement of the parties concerning everything connected with the subject matter of these Terms; and
(b) supersedes any prior representations, statements, promises or understanding on anything connected with that subject matter.
11.2 No waiver
(a) Any delay or failure to enforce any term of these Terms will not be deemed to be a waiver.
(b) There is no implied waiver by either party in respect of any term of these Terms and any waiver granted by either party shall be without prejudice to any other rights.
(c) Any waiver must be in writing and does not cover subsequent breaches of the same or a different kind.
(d) A waiver by a party of its rights under these Terms is only effective in relation to the particular obligation or breach in respect of which it is given.
11.3 No Assignment
(a) You must not assign any of your rights under these Terms to any person without our written consent. Any such consent may be given or withheld in our absolute discretion.
(b) We may assign any of its rights under these Terms to any person by written notice to you.
11.4 Product Reviews
(a) We welcome Customer comments and reviews on our Platform about the Affiliated Vendors services. Reviews of the Platform can be submitted via the Google Play Store and Apple App Store
11.5 Severability
If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.
11.6 Governing law
You agree that all matters relating to the use of the Platform and purchase of any Products, including all disputes, are governed by the law of the Australian Capital Territory and the Commonwealth of Australia, and you unconditionally submit to the non-exclusive jurisdiction of their courts.
11.7 Contact Us
If you have any questions regarding the Terms, you should contact us at support@Tasteable.com.au. If you have questions regarding your Order, please contact us via the Platform’s ‘message feature’.