By allowing you to access the Site, Mobile Foods grants to you a licence. By accessing the Site, you accept the Terms & Conditions of this licence. We may at any time vary and amend Terms & Conditions by publishing the varied Terms & Conditions on the Site. You accept that by doing this, we have provided you with sufficient notice of the variation and amendment.
Below are the current Terms & Conditions of the licence. It is your responsibility to familiarise yourself with the current Terms & Conditions each time you visit the Site.
For the purposes of these Terms & Conditions, the words:
Mobile Foods, we, our and us refer to Mobile Foods Pty Ltd (ACN 150 386 628) and its related bodies corporate (as defined in the Corporations Law of Australia)
Site refers to materials and services delivered on or through the website located at the domain name http://www.eat-appy.com.au
Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Site.
Pursuant to this licence and subject to the absolute right of Mobile Foods to vary access to all or any part(s) of the Site, you acquire a non-exclusive right to:
This licence commences upon your accessing the Site and is granted in perpetuity. However, the licence may be terminated without notice by us if you are in breach of any of the Terms & Conditions.
Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the Site that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by us. Termination will not affect any rights or remedies, which we may otherwise have under this licence or at law.
If you wish to download and use any material contained in the Site for a temporary purpose (such as viewing offline), you may do so.
However, downloading material contained in the Site for reproduction by you may only be done upon receipt of our prior written consent, and upon payment of any fee required by us to be paid by you for that use.
You must not:
We do not warrant that the material in the Site is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the Site will not cause us to be in breach of the Terms & Conditions. In particular, we reserve the right to change, add or remove any material in or from the Site without notice.
We do not warrant that the functions contained in the Site or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Site and other third-party websites are free of viruses or other harmful components.
To the extent permitted by law, all implied terms are excluded and we will not be liable for any direct, special, indirect or consequential damages, losses, expenses or costs arising out of a breach of this licence, the supply of a defective program, or any error, omission or misrepresentation in any material on this Site. If any statute (such as the Australian Consumer Law) implies terms into this licence which cannot be lawfully excluded, such terms will apply to this licence, save that our liability for breach of any such implied term will be limited, at our option, to any one or more of the following:
When deciding to visit the Site, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by us which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us (which material may be out of date or superseded).
You acknowledge that the material in the Site may be the subject of copyright and that it is the subject of other intellectual property and legal rights (including third-party rights).
You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limitation, you specifically acknowledge that you may not copy the material in the Site, except as otherwise expressly authorised by this licence.
'eatappy', 'eat-appy', 'EatAppy', 'Eat Appy' and all associated trademarks, whether registered or unregistered, are trademarks of Mobile Foods and its related bodies corporate.
Except as expressly provided in these Terms & Conditions, access to or use of the Site does not constitute or create a licence or any other right to use our name, trademarks, copyright or any other intellectual property.
By using the Site, you agree to indemnify and keep us indemnified against all liabilities, damages, claims, losses, costs and expenses, which we may incur to a third party or you due to your breach of the provisions of this licence.
The Site may contain links to other websites operated by third parties. You accept that we have no control over, and are not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.
By using the Site, you acknowledge and agree that:
Failure or neglect by Mobile Foods to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of our rights under this licence.
This licence shall be governed by and construed according to the laws of the State of New South Wales, Australia.
Mobile Foods takes your privacy seriously, and strictly adheres to the Australian Privacy Principles contained in the Act (Privacy Principles). We will only collect personal and sensitive information that is necessary for us to provide you with the functions that we offer through our Services, which may include providing you with the ability to pay other parties via credit card.
Please remember that any information that you post in our public forums and any social media interfaces is public information and will not be treated as confidential. Such information can be collected and used by others.
We will only collect personal and sensitive information that is reasonably necessary for us to provide you with, or directly related to, the functions that we offer through our Services, and the services that you have requested from us.
We collect personal and sensitive information from you when you interact with the Services, which could include when you register with us and use the features available once you are registered. The personal and sensitive information which Mobile Foods collects may include, without limitation, your name, postal address, email, telephone number, credit card details, payment details, the details of any products or services you purchase through the Services, or any other information necessary to provide the functions and services requested. Mobile Foods will collect personal and sensitive information only by lawful and fair means and not in an unreasonably intrusive way. Mobile Foods may collect the personal and sensitive information directly from you, or alternatively from third parties (such as payment providers) with whom you interact with or via the Services.
These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. We may collect technical information from your mobile device or your use of the Services through a mobile device. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Services through your mobile device(s) via any Mobile Foods mobile application, through your mobile's browser or otherwise.
We will only use your personal and sensitive information for the provision of our goods and services to you, and for any other purpose which we state at the time of the collection, as permitted by law and/or as required to provide the functions and services you request.
For example, such use may include providing you with access to relevant parts of the Services; to enable us to bill you; to use and analyse the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud; to contact you for your views on our Services and our products; and to notify you occasionally about important changes or developments to our Services.
If we do use the information you provide in this manner, then it is done in aggregate and on a purely anonymous basis with your personal and sensitive information removed. You can opt out of marketing activities at any time.
We may also use the information you provide to engage in marketing.
If you register with Mobile Foods, or use the Services, you consent to Mobile Foods using your personal information for direct marketing purposes to communicate with you by phone, email or SMS and, if you use our mobile applications, via push notification, to tell you about offers, updates and our products and services that may be of interest to you.
You may choose to stop receiving direct marketing communications from a channel at any time by using the unsubscribe mechanism in the marketing communication itself. You may also decline marketing messaging sent by push notifications by refusing the relevant permission to our Services in your device settings, however this will also prevent you from receiving updates via push notifications.
By accessing and using our Services, you give Mobile Foods your valid consent to the transfer, sale, rent or trade of all of your personal data and to the processing the same to third parties for our business purposes including marketing purposes.
We may provide anonymous, non-personally identifiable aggregate information to advertisers and our business partners, to enable us to sell advertising and monitor the efficacy of our business partnerships. We may also pass such statistical information onto reputable third parties for forward sale.
We may share and disclose your personal and sensitive information in the following circumstances:
If you opt in to receive email communications from us, these will be sent to you directly by us. We will only send communications to people who have opted to receive them. You can unsubscribe from receiving these communications at any time.
If Mobile Foods goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information may be among the assets transferred. We will ensure the confidentiality of any personal and sensitive information disclosed in this context.
All user details captured by Mobile Foods are stored securely at all times and will never be provided to any unauthorised third parties.
We take steps to protect your information from unauthorised access, modification or disclosure and against misuse, interference, loss, destruction and damage. However, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your data transmitted to the Services; any transmission is at your own risk. While we take all due care in ensuring the privacy and security of your personal and sensitive information, the possibility exists that this information could be unlawfully intercepted while in transit over the internet or while stored on our systems or on our Services. We disclaim all liability to you to the greatest extent pursuant to law should this occur.
Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain the information, we will take reasonable steps to delete the information or ensure that it is de-identified.
The Services may use the Google Analytics cookie, and other cookies and identifiers to collect anonymous, aggregated audience data in order to measure user interactions on our site and improve our services.
For more information about privacy issues in Australia and protecting your privacy, visit the Federal Privacy Commissioner's website.
Alternatively, you may make a complaint to the Privacy Commissioner. The Office of the Australian Information Commissioner may be contacted by calling 1300 363 992. Alternatively, you may contact the Privacy Commissioner by firstname.lastname@example.org or online at: www.oaic.gov.au