Terms & Conditions
Platform Terms & Conditions
The FoodService Select platform is owned and operated by FoodService Select Pty Ltd ACN 164 206 982 (FoodService Select).
The FoodService Select platform provides a searchable platform of businesses which are involved in or related to the food services industry. The FoodService Select platform connects businesses with customers that want more choices (collectively, the Services). The Services are available at www.foodserviceselect.com (Site). For the avoidance of doubt, FoodService Select is not a manufacturer or supplier of food products or equipment.
By accessing or using FoodService Select's platform, you agree to be bound by these Terms and Conditions (Terms). If you object to anything in, or otherwise do not agree to, these Terms you are not authorised to use the FoodService Select platform. You must not use the FoodService Select platform in any way other than in accordance with these Terms.
1. Introductory Service Only
- The Site and the Services provide a searchable platform for customers searching for food products and related services (Customers) and suppliers, equipment manufacturers, products, finance providers, food related consultancy services, events management and assistance and other related resources (collectively, Suppliers), through which:
- Suppliers will be able to create a listing (Listing) on the Site, advertising the sale or supply of different food and food related products and other related and ancillary services (collectively, a Product or Products); and
- Customers will be able to view Suppliers' Listings and request Products or contact Suppliers through the contact details provided on the relevant Listing.
- Products include services offered by Suppliers.
- The Site is an online introductory platform only, connecting Customers with Suppliers. FoodService Select's responsibilities are limited to facilitating the availability of the Site and the Services.
- FoodService Select is not a party to any agreement entered into between a Customer and a Supplier. FoodService Select is not a referrer or booking agent, and provides no such related services. FoodService Select has no control over the conduct of Customers, Suppliers and any other users of the Site and the Services. FoodService Select disclaims all liability in this regard, as set out in these Terms.
- Any arrangement between a Customer and a Supplier is solely between the Customer and Supplier. It is strictly and expressly not part of the User's agreement with FoodService Select. Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk.
- These Terms form a binding legal agreement between FoodService Select and each person, organisation or entity using the Site and Services (referred to as User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, please contact FoodService Select using the contact details at the end of these Terms.
- The User's use of the Site and the Services indicates that:
- the User has had sufficient opportunity to access the Terms and contact FoodService Select;
- the User has read, accepted and will comply with the Terms;
- the User has legal capacity to enter into a contract for sale; and
- the User is 18 years or older or if younger than 18 years, the User has the approval of its parent or guardian.
- If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
- These Terms supplement and incorporate the FoodService Select policies and terms and conditions, as well as the terms of service of any third party payment service providers used from time to time, including but not limited to PayPal and Stripe.
3. Online Registration
- A User can browse and view Listings and the Site as an unregistered user of the Site.
- Suppliers must register on the Site and create one account (Account) for each relevant email address, in order to create a Listing. Multiple Listings may be created if the Supplier has a number of businesses.
- Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address and select a username and password.
- It is the Supplier's responsibility to keep details of each Account confidential, including username and password.
- To keep information secure and confidential, FoodService Select uses SSL Certificates to establish an encrypted link between a server and a User. Users will be requested by FoodService Select to change their passwords at regular intervals.
- Suppliers agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. FoodService Select reserves the right to suspend or terminate any Account of a Supplier, and the Supplier's access to the Site and Services, if any information provided to FoodService Select proves to be inaccurate, not current or incomplete.
- The User is liable for all activity on its Account(s). The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account(s), whether or not it has authorised such activities or actions. The User will immediately notify FoodService Select of any unauthorised use of its Account(s).
- FoodService Select assumes no responsibility for a User's compliance with any applicable laws, rules and regulations.
- FoodService Select reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Listing for any reason, including Accounts and/or Listings that FoodService Select, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
4. Supplier Obligations
- Suppliers must set out all relevant information in a Listing regarding the Product offered by that Supplier, including terms and conditions applicable to the sale or supply of that Product.
- Each Supplier represents and warrants that with regard to its Products, that:
- it has complied with and will continue to comply with all relevant and applicable laws, legislation and ancillary regulations in respect of food health and safety;
- it has complied with and will continue to comply with its obligations under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth); and
- it has complied with and will continue to comply with its obligations and industry standards under the Australia New Zealand Food Standards Code 2003 (Cth), if applicable.
- Where Products are to be delivered, Suppliers must arrange delivery of the Product to the Customer. FoodService Select is not involved in the delivery process.
- A Customer is required to refer to delivery information provided by the Supplier in the relevant Listing or contact the Supplier directly to confirm (i) that they are within the delivery area, (ii) the applicable delivery fees, (iii) when the Product is likely to be dispatched, (iv) the method of delivery, (v) when risk of loss, damage or deterioration to any Product will pass to the Customer and (vi) what to do if a Product is delayed, damaged or goes missing in the delivery process.
6. Subscriptions and Payment
- Customers are not required to pay fees for using the Services. Whilst Customers do not need to pay a fee for the Services, they acknowledge that the use of the Services may result in charges to them for the Products they receive or order, including any applicable insurance, delivery fees and taxes (Supplier Fees). FoodService Select does not act as a payment portal for Customers to purchase or order Products.
- Suppliers pay subscription fees and can create Listings (Subscription Fees). Payment details are collected for the payment of Subscription Fees when creating a Listing, irrespective of whether a Trial Period is entered into. Subscription Fees and the different subscription packages available are set out on the Site. FoodService Select may offer an initial free trial period, as set out on the site (Trial Period). Billing will automatically commence once any Trial Period ends, if the User does not cancel its registration in accordance with these Terms.
- Suppliers can choose from the plans set out on the Site, these may include a month-to-month billing plan, a paid up front package for a fixed term or set period of time, or a yearly plan where the Subscription Fee is payable monthly. Discounts may be offered, including to Suppliers that enter into a yearly plan.
- The Subscription Fee is payable as set out on the Site, including monthly, or the Supplier can choose a paid up front package or yearly plan as available on the Site. Certain packages may offer additional services, such as advertising on the Site.
- Suppliers which have paid up front for a fixed term package may switch their subscription to another package, however yearly plans must expire before changing to a monthly plan.
- Suppliers are permitted to upgrade or downgrade their applicable plan, however plan change limits will apply.
- Suppliers agree to pay the Subscription Fee, in the currency specified on the Site, at the time that it creates an Account. Suppliers may use any of the payment methods set out on the Site.
- Goods and Services Tax (GST) will be charged where applicable.
- In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made.
- If a Supplier makes a payment by debit or credit card, the Supplier warrants that the information provided to FoodService Select is true, accurate and complete, that the Supplier is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the Supplier will maintain sufficient funds in the account to cover the purchase price.
- Nothing prevents FoodService Select from taking any action necessary to recover any unpaid fees. If the Supplier fails to pay, the Supplier's information will be passed on for collection and or legal action. The Supplier acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor's fees and any out of pocket expense. If the User at any time exceeds FoodService Select's payment terms and as a result are passed on for collection and or legal action, FoodService Select may place a default against the User with a credit reporting agency.
- FoodService Select's pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each Supplier has the choice to continue using the Site, or to cease to use the Site without penalty.
7. Offers and Promotions
- FoodService Select may, from time to time, make offers or promotions which may be applicable to the Services.
- The conditions of such offers or promotions will be specified on the Site.
- The User acknowledges and agrees that FoodService Select may, at its sole discretion, remove or extend any offers or promotions, and FoodService Select will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
8. Dispute Resolution
- By using FoodService Select's Site and Services, each User agrees that any legal remedy or liability that he, she or it may seek to obtain for actions or omissions of a Customer, Supplier, or other third party, will be limited to a claim against the Customer, Supplier or other third party, who caused harm to him, her or it. FoodService Select encourages Users to communicate directly with the relevant Customer, Supplier or third party to resolve any disputes.
- FoodService Select welcomes feedback from its Users. FoodService Select seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact FoodService Select by completing the form available on the "contact us" page on the Site.
- If there are any complaints from a User, FoodService Select will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with FoodService Select's response, the User and FoodService Select agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and FoodService Select agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If a resolution cannot be agreed upon at the Initial Meeting, either the User or FoodService Select may refer the matter to a mediator. If the User and FoodService Select cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
9. Cancellation of Registration and Refund Policy
- If a Supplier wishes to cancel an Account and registration, it will need to do so by contacting FoodService Select and completing an account cancellation form.
- If a Supplier cancels an Account and registration, no refunds will be provided. The Supplier will not be billed further Subscription Fees from the date of cancellation.
- Any cancellation, exchange or refund of a Product supplied or provided by a Supplier is strictly a matter between the Customer and the Supplier.
10. Consumer Guarantees
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer the User with rights, warranties, guarantees and remedies relating to the provision of Services by FoodService Select to the User which cannot be excluded, restricted or modified (Statutory Rights).
- If the User is a consumer as defined in the ACL, the following notice applies to the User from FoodService Select: "FoodService Select guarantees that the Services supplied to the User are rendered with due care and skill; fit for the purpose that FoodService Select advertises, or that the User has told FoodService Select he, she or it is acquiring the Services for or for a result which the User has told FoodService Select he, she or it wishes the Services to achieve, unless FoodService Select considers and discloses that this purpose is not achievable; and will be supplied within a reasonable time. To the extent FoodService Select is unable to exclude liability; FoodService Select's total liability for loss or damage suffered or incurred by the User from the Services is limited to FoodService Select re-supplying the Services to the User, or, at FoodService Select's option, FoodService Select refunding to the User the amount he, she or it has paid FoodService Select for the Services to which his, her or its claim relates."
- Nothing in these Terms excludes a User's Statutory Rights as a consumer under the ACL. The User agrees that FoodService Select's liability for Services provided to Users who are defined as consumers is governed solely by the ACL and these Terms. FoodService Select excludes all conditions and warranties implied by custom, law or statute except for the User's Statutory Rights.
- Except for the User's Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and FoodService Select expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
11. FoodService Select Intellectual Property
- All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to FoodService Select (or its affiliates and/or third party licensors as applicable).
- The User agrees that, as between the User and FoodService Select, FoodService Select owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by FoodService Select or the owner of the content.
- Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
- FoodService Select's Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of FoodService Select or the applicable trademark holder or Intellectual Property owner. FoodService Select provides certain FoodService Select logos and trademarks in digital downloadable format on the Site. FoodService Select provides a limited licence to Suppliers to use these digital files for the purpose of communicating that a Supplier works with FoodService Select. This licence can be revoked at any time by FoodService Select.
- Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of FoodService Select or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
12. User Licence
- Subject to these Terms, FoodService Select grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without FoodService Select's prior written consent.
- The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
- This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
13. Permitted and Prohibited Conduct
- Each User should report to FoodService Select, any activities or requests of Users which are, or which the User reasonably believes to be:
- illegal; or
- likely to have a negative effect on the reputation of FoodService Select, the Site, Services and/or a User.
- Each User represents and warrants that any content that it provides and Listing that it posts:
- will not breach any agreements it has entered into with any third parties;
- will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
- will not conflict with the rights of third parties.
- The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.
- The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services.
- The User must not post, upload, publish, submit or transmit any content that:
- infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- denigrates FoodService Select, the Site, Services, a Customer, or Suppliers;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- In connection with the User's use of the Site and Services, the User may not and agrees that it will not:
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- use the Services to find a Supplier and then complete, or assist another individual to complete a transaction independent of the Services in order to circumvent the obligation to pay any fees related to FoodService Select's provision of the Services;
- post or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Listing;
- submit any false or misleading information;
- as a Supplier, offer any goods or services that it does not intend to honour or cannot provide;
- as a Supplier, transfer an Account unless expressly permitted to do so by FoodService Select;
- as a Customer, make any offers to the Suppliers that it does not intend to honour;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
- use, display, mirror or frame the Site, or any individual element within the Site, Services, FoodService Select's name, any FoodService Select trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without FoodService Select's express written consent; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
14. User Content
- Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to FoodService Select a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.
- Users agree that they are solely responsible for all User Content and Intellectual Property that he, she or it makes available through the Site and Services. The User represents and warrants that:
- it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to FoodService Select the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or FoodService Select's use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- FoodService Select may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
- FoodService Select does not guarantee that any products or services will be requested by Customers, nor does FoodService Select guarantee that Customers will be able to find appropriate or suitable products, services and/or Suppliers.
- FoodService Select does not endorse any Customer, Supplier, Listing or Products. FoodService Select requires Customers and Suppliers to confirm that they have provided accurate information. FoodService Select does not perform any sort of background checks of Customers and Suppliers, and does not confirm, any Customer or Supplier's identity, Listing and/or Products.
- FoodService Select cannot and does not control the content contained in any Listings or the condition, legality or suitability of any Supplier or Products. Customers are responsible for determining the identity and suitability of Suppliers that they contact via the Services.
- FoodService Select accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. FoodService Select disclaims any and all liability related to any and all Customers, Suppliers, Listings and Products.
- By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Customers or Suppliers or other third parties will be limited to a claim against the Customer or Supplier or other third party who caused it harm. FoodService Select encourages the User to communicate directly with the relevant Customer or Supplier on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
- To the fullest extent allowable under applicable law, FoodService Select disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
- For the avoidance of doubt, FoodService Select is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. FoodService Select advises that all Users using the Site and Services should seek advice in relation to these matters.
- Each Customer and Supplier who uses the Site and the Services does so at their own risk.
- FoodService Select is not a manufacturer or supplier of food industry products or professional services.
- FoodService Select excludes all express and implied conditions and warranties, except for the User's Rights, to the fullest extent permitted by law, including but not limited to:
- FoodService Select expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
- FoodService Select does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User's access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;
- FoodService Select takes no responsibility for, and will not be liable for, the Site, the Services, the Customers, the Suppliers and Products being unavailable, of a particular standard of workmanship, failing to meet the Listing description, failing to meet the User's needs, or being of less than merchantable quality; and
- FoodService Select will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User's information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Listing, the Products or the Terms, even if FoodService Select was expressly advised of the likelihood of such loss or damage.
- The User agrees not to attempt to impose liability on, or seek any legal remedy from FoodService Select with respect to such actions or omissions.
16. Limitation of Liability
- To the extent permitted by law, FoodService Select's total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to FoodService Select re-supplying the Services to the User, or, at FoodService Select's option, FoodService Select refunding to the User the amount it paid for the Services to which its claim relates. FoodService Select's total liability to the User for all damages in connection with the Services will not exceed the price paid by the User under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between FoodService Select and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
- This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of FoodService Select.
- Each User agrees to defend and indemnify and hold FoodService Select (and FoodService Select's parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User's use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
- FoodService Select reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and the User's use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by FoodService Select without restriction.
- Accuracy: While FoodService Select will endeavour to keep the information up to date and correct, FoodService Select makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and FoodService Select expressly excludes any liability for such to the fullest extent permissible by law.
- Termination: FoodService Select reserves the right to refuse supply of the Services required by any User, terminate any User's Account, terminate its contract with any User, and remove or edit content on the Site, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If FoodService Select decides to terminate a User's Account the following may occur, with or without notice to the User: the User's Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, any Accounts or its User Content.
- Fraudulent Activities: Each User acknowledges and agrees that, in the event FoodService Select reasonably suspects that there are fraudulent activities occurring within the Site and Services, FoodService Select reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
- Force Majeure: FoodService Select will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
- Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
- Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by FoodService Select of any of the Terms shall be effective unless FoodService Select expressly states that it is a waiver and FoodService Select communicates it to the User in writing.
- Amendment: FoodService Select may amend these Terms from time to time, and will give the User 14 days' notice of the varied Terms. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. If a User has reasonable grounds to believe that the varied Terms will be detrimental to their rights, the User may terminate this agreement without penalty within 14 days' of receiving the notice of varied Terms. FoodService Select recommends that each User check the current Terms, before continuing use of the Services. FoodService Select's agents, employees and third parties do not have authority to change the Terms.
- Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without FoodService Select's prior written consent.
- Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User's use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. FoodService Select makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between FoodService Select and each User, and supersede any prior agreement, understanding or arrangement between FoodService Select and each User, whether oral or in writing.
For questions and notices, please contact:
The FoodService Select ACN 164 206 982
Last update: 3 April 2017