Terms of Use

Acceptance of Terms

These Terms of Use are a legal and binding agreement between you and Foodini Pty Ltd (ABN: 31643613334) (Foodini, we, our or us). This website (https://getfoodini.com/ and mobile application (Mobile App) are operated by Foodini. The Site is available at www.getfoodini.com and may be available through other addresses or channels, including our mobile application. The Mobile Application is available through the Apple Store and the Google Play Store. The Terms of Use and the Foodini Privacy Policy (the Privacy Policy) govern your use of both the Site and the Mobile App.

How you consent to these terms of use

By using the Site and/or the Mobile App, you explicitly agree to be bound by the provisions of these Terms of Use. You shall also be subject to any additional terms posted with respect to individual sections of the Site and Mobile App.

Please review the Terms of Use carefully before you continue to use the Site and/or Mobile App. If you do not agree with any of the Terms of Use, please discontinue using the Site and Mobile App.

DISCLAIMER

The purpose of Foodini’s Site and Mobile App is to provide a guide to allergy-friendly restaurants and businesses. All Content on our Site relating to the items, ingredients, allergens and preparation of food items is provided solely by the relevant business that provides the food items. Foodini does not guarantee the accuracy or completeness of such information. To the maximum extent permitted by law, we are not liable for, and you waive and release us from, any Liability arising from your reliance on the Content of the Site and Mobile App, including any adverse reaction to food items listed on our Site and Mobile App and purchased by you.

Foodini does not guarantee nor does it confirm that the restaurants and businesses associated with the Site and the Mobile App use adequate processes or other safeguards to prevent cross-contamination of allergies or other food products. Foodini also does not guarantee nor does it confirm the safety of food items for certain allergies or food preparation processes.

Foodini does not offer Medical Advice

The Foodini Site and the Mobile App do not offer medical advice. Information provided on this Site and Mobile App is provided to you for information purposes only. None of the information is intended to diagnose, treat, cure or prevent any disease. It is not meant to be substituted for the professional and personal advice provided by your own physician or dietician.

Always consult your doctor or other qualified health care professional if you have any questions about a medical condition, or before taking any drugs or nutritional supplements, changing your diet or commencing or discontinuing any course of treatment.

Always verify the safety of any food products with respect to your unique allergy(ies) or intolerance(s) by contacting the particular restaurant, business and/or manufacturer to ensure the foods are safe for your consumption. It is and remains your responsibility to evaluate the accuracy, completeness and usefulness of the information provided on the Site and the Mobile App.

Statements and opinions expressed on the Site and the Mobile App should be viewed and used cautiously, and should be considered as an opinion of the individuals who expressed them, and not the view, ideas, opinions or advice of Foodini.

When we make changes to these terms of use

Foodini expressly reserves the right to make changes to both the Terms of Use and the Privacy Policy at any time and for any reason that it, in its sole discretion, deems appropriate. Changes to the Terms of Use and the Privacy Policy shall take immediate effect and will apply to all pre-existing accounts and those accounts registering after the date of the changes. Any changes to the Terms of Use or Privacy Policy will be published on the Site.

We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Privacy

We respect your privacy and understand protecting your personal information is important. Foodini is fully committed to safeguarding your privacy online. Our Privacy Policy (available on our Site) sets out how we will collect and handle your personal information. Please carefully and completely review our Privacy Policy to understand our practices. By using the Site and/or Mobile App, you explicitly agree to be bound by the provisions of the Privacy Policy. If you do not agree with any of the Privacy Policy’s provisions, please discontinue your use of the Site and the Mobile App.

Your licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Use of your information

By using the Site and/or Mobile App, you consent to the terms and conditions of our Privacy Policy regarding the collection and use of your data by Foodini and the processing of such data by Foodini in connection with your use of the Site and or the Mobile App.

You consent to the technical processing and transmission involved in your use of the Site and/or the Mobile App, including, without limitation, your data, and you acknowledge that such processing may involve:

  • Transmission of such data over various networks; and
  • Modifying such data to conform and adapt to technical requirements of connecting networks or devices.

Mailing List

By registering for the Site and/or Mobile App, you consent to initially receiving periodic emails from Foodini. If you would like to unsubscribe from automatically receiving emails, please follow the direction to unsubscribe at the bottom of any of the emails you received from Foodini.

Conduct we don’t accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:

  • Posting or transmitting through the Site and/or Mobile App any defamatory, abusive, obscene, threatening or illegal material or any other material that infringes on the ability of others to enjoy the Site or infringes on the rights of others;
  • Posting under more than one name or impersonating any other person;
  • Permitting any other person (other than an agent working on your behalf and subject to your supervision) to access, using your account, any features of the Site that may require registration;
  • Posting ratings or comments in a deliberate attempt to inflate or deflate a businesses’ overall rating based on personal, financial or employment interests;
  • Posting or transmitting through the Site and or Mobile app any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene or profane;
  • Posting or transmitting through the Site and/or Mobile App any material that encourages criminal conduct, a violation of the Terms of Use or Privacy Policy, or that may give rise to civil liability;
  • Posting or transmitting through the Site/and or Mobile App any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorised in writing by Foodini to do so;
  • Gathering any or all of the user email addresses posted in Foodini posts, blogs, message boards or other public posting areas of the Site and/or Mobile App;
  • Using the Site and or Mobile App in any way that interferes with or disrupts the Site and/or Mobile App or servers or networks connected to the Site and/or Mobile App;
  • Uploading, posting, emailing, transmitting or otherwise making available on or through the Site and/or Mobile App any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Circumventing or disabling any security or data-protection measures implemented by Foodini;
  • Soliciting personal information from minors, or submit or transmit pornographic material;
  • Violating any applicable laws;
  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using our Site to defame, harass, threaten, menace or offend any person;
  • interfering with any user of our Site;
  • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  • using our Site to send unsolicited electronic messages;
  • facilitating or assisting a third party to do any of the above acts; or
  • any conduct which is deemed by Foodini to be inappropriate.

Should any person(s) violate any of the provisions of the Terms of Use, the Privacy Policy, or otherwise engage in any conduct that Foodini, in its sole discretion, considers unacceptable or inappropriate, Foodini expressly reserves the right to discontinue individual memberships to the Site and Mobile App and prohibit or suspend any person from registering for, accessing, posting on or otherwise using the Site and/or Mobile App.

Foodini will not, in the ordinary course of business, review private electronic messages that are not specifically addressed to it or members of its staff. However, Foodini will comply with any applicable legal requirements regarding disclosure of such messages to others, including law enforcement agencies.

Linking Policy

We may link to, or promote, websites or services from other companies, including restaurants and businesses. You agree that we are not responsible for examining or evaluating the content of their websites, and we do not warrant, in any express or implied way, the offering of any of those businesses or individuals, and do not control those websites or services.

Foodini is not liable for any loss, damage liability or expense that may accompany or result from linking

Competitors are excluded from using our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business.

Our Site is for your personal use only

We’ve designed our Site for you to use it personally, and not on a commercial basis. Unless you are a business that is listed on our Site, you must not use our Site, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

Information

Please note that our Content contains information provided to us by third parties, is not comprehensive and is for general information purposes only. Our Content is not nutritional advice, and you cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on our Content. Foodini neither endorses nor guarantees the accuracy of any posting, regardless of whether the posting comes from a user or from a member of staff. If you choose to rely on any information contained in the postings on the Site or the Mobile App, you do so at your own risk.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and Mobile App, all of our Content (including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings and multimedia combinations) and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:

  • copy or use, in whole or in part, any of Our Intellectual Property;
  • reproduce, retransmit, distribute, display, disseminate, modify, sell, publish, broadcast, circulate or re-post on another site any of Our Intellectual Property to any third party;
  • Frame or mirror any portion of the Site or Mobile App; or
  • breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Content you upload

We encourage you to interact with our Site! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. If you make any User Content available on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents, permissions and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms) and to ensure that posting the material neither violates the rights of any person or entity nor creates any liability for the Site or the Mobile App;
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;
  • use of the Site and/or Mobile App by you will not interfere with or disrupt the Site, the Mobile App, or servers or network connected to the Site or the Mobile App;
  • you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware telecommunications equipment;
  • you will not circumvent or disable any security or data-protection measures implemented by Foodini.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. Submitting material that is the property of another, without the consent of its owner, is not only a violation of these Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. Foodini reserves the right to refuse access to the Site or Mobile app to any user for any reason, including without limitation, a reasonable belief that the user in question has violated these Terms of Use or any trade mark or copyright laws in Australia.

Third party sites

Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

What happens if we discontinue our Site

We may, at any time and without notice to you, discontinue our Site or Mobile App, in whole or in part. We may also exclude any person from using our Site or Mobile App, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site, Mobile App or our Content and materials contained in or accessed on the Site and the Mobile App, including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  • any materials provided by restaurants or businesses containing information about menu items, ingredients, allergens and processes are true or accurate;
  • access will be uninterrupted, error-free or free from viruses; or
  • our Site will be secure.

You read, use and act on our Site and our Content at your own risk. Therefore you agree that you must evaluate and bear all risks associated with the use of the Site and the Mobile App, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
You acknowledge that Foodini does not censor, approve, edit or endorse information placed on the Site or Mobile App by its users, and cannot guarantee that inappropriate material will not be posted.

Foodini will review posts from time to time and at intervals that it, in its sole discretion, deems appropriate and will take steps to remove inappropriate posting that come to its attention.

Our liability is limited

Use of the Site and Mobile App is solely at your own risk. To the maximum extent permitted by law, we are not responsible for any injury, loss, claim, damage or expense, howsoever arising, or any special, exemplary, punitive, incidental or consequential damages or any kind, whether based on contract , tort or otherwise, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with: (i) your use of Our Intellectual Property and/or the Site and/or the Mobile Application and/or the content; (ii) your reliance on any materials (including menu items, ingredients, allergens and processes) provided to us by restaurants or businesses; (iii) any inaccessibility of, interruption to or outage of our Site and/or Mobile Application; (iv) any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date; (v) the performance or non-performance of any restaurant or business in connection with the services provided; or (vi) your visit to an affiliated restaurant or business.

Foodini is not an agent for an affiliated restaurant or business that is linked to or otherwise promoted in connection with the Site and/or Mobile Application. All information relating to items, ingredients, allergens and food preparation processes have been provided to Foodini by restaurants and businesses, and it is their sole responsibility to inform up if such material is inaccurate or not up to date. Foodini is not responsible for any mis-information or any changes to menu items, ingredients, allergens and food preparation processes which have not been updated on the platform by restaurants or businesses.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site and/or Mobile App or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 14 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If any of the provisions, or portions thereof, of these Terms of Use are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, these Terms of Use shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

Which laws govern these terms of use

Your use of our Site and these Terms are governed by the laws of NSW. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:
Foodini Pty Ltd ABN 31643613334
Email: dylan@getfoodini.com
Last update: 19 January 2021
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