Terms of Service
Welcome to CompareMeals. Please read these Terms and Conditions of Use (“Terms and Conditions”) of use carefully before using this Site.
For the purposes of these Terms and Conditions, “Us”, “Site”, “Our” and “We” refers to the trading name CompareMeals also known as the business registered under Collaboreat Pty Limited (ABN 99 164 175 044) and “You” and “Your” refers to you, the client, visitor, website user or person using our Site.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Intellectual Property Rights
You acknowledge that the Content on the Site is subject to copyright, trademark and possibly other intellectual property rights. In these Terms and Conditions, "Content" means anything that you may see, read, hear, upload, download or access on or via the Site including but not limited to messages, files, data, software, logos, images, artwork, graphics, design, photographs, illustrations, text, music, songs, videos, tags and other materials or subject-matter on the Site.
Unless you are expressly authorised by us, or otherwise by law, you must not do any of the following yourself, or permit or authorise any other person to:
- (i) sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the Content (or any readily identifiable portion of the Content) in any way without our prior written consent; or
- (ii) otherwise infringe the intellectual property rights of any person in using the Site or any Content.
Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated.
You agree that CompareMeals owns the copyright and trade marks in the marketing logo "CompareMeals", the domain name CompareMeals.com.au and www.CompareMeals.com. You agree not to use any of the CompareMeals name, logo or likeness without our prior written consent. All other trade marks appearing on our Site(s) are the property of their respective owners.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our Site to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our Site then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and CompareMeals’s rights and obligations to each other.
Limitation of Liability
It is an essential pre-condition to you using our Site that you agree and accept that CompareMeals is not legally responsible for any loss or damage you might suffer related to your use of the Site, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Site. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Site is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Our Site contains a range of information about our participating merchants. We endeavour to ensure that the information on the Site is accurate. In the event you believe we have made a mistake please contact us at info@CompareMeals.com.au. The presence of a merchant on our Site does not constitute an endorsement by us of the merchant, the content of the merchant's site, or the activities promoted by the merchant. To the extent permitted by law we do not warrant as to the accuracy, adequacy of, or completeness of, any information contained on this Site and exclude liability for purchase decisions made on the basis of information included or excluded from this Site. We do not guarantee that our Site will not contain any viruses and we accept no responsibility for foreign computer code that is introduced into your computer system through use of this Site. We cannot guarantee that this Site is free from computer viruses, hackers or other form of technical sabotage. We cannot guarantee that access to our Site will be uninterrupted. We are free to change the content of the Site and any product may be withdrawn at any time, without notice. Any limitation of liability and indemnity provisions in these terms will survive termination. Any licenses or other rights you grant to us will survive termination.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), CompareMeals’s liability for any breach of a term of this agreement is limited to: the supplying of the services to you again; the replacement of the services; or the payment of the cost of having the services supplied to you again. We do not provide or supply goods.
You must be over 13 years of age to use this Site and to purchase any services.
Delivery of Services
We do not provide physical goods. Merchants provide the goods and damaged or lost goods should be resolved with Australia Post, the Merchant and/or the courier company directly. We are not responsible for goods that are damaged in transit or not received.
Returns and Refunds
CompareMeals handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your service, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the services purchased. All refunds are made at the discretion of CompareMeals.
Links to Other Websites
CompareMeals may from time to time provide on its Site, links to other websites, advertisements and information on those websites for your convenience.
CompareMeals’s Site may contain information or advertisements provided by third parties for which CompareMeals accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, CompareMeals absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. CompareMeals gives no warranty that the documents, services will be free of errors, or that defects will be corrected, or that our Site or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Site, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its Site or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of CompareMeals to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Site or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is prevented from unauthorised access. Furthermore, all of the customer data CompareMeals collects is prevented against unauthorized use or access. Credit card information is not stored by Us on our servers.
CompareMeals does not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve the Site and its services but not for any other use.
Disclosure of Information
CompareMeals may be required, in certain circumstances, to disclose information in good faith and where CompareMeals is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of CompareMeals. CompareMeals expressly excludes and does not permit you to use or access our Site, to download any documents or information from its Site or obtain any such documents or information through a third party. If you breach this term then CompareMeals will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. CompareMeals reserves the right to exclude and deny any person access to our Site, services or information in our sole discretion.
These terms and conditions represent the whole agreement between you and CompareMeals concerning your use and access to CompareMeals’s Site and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Food or Catering Advice
The information contained in this Site is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
All information contained on CompareMeals, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional.
Dietary or Sports Supplements
All information contained on this Site is for information purposes only. It should not be used to diagnose, prevent, treat or cure any sickness, disease, health or medical condition and is not meant to substitute professional dietary advice or treatment. In addition, the products themselves including any food supplements are not intended to diagnose, prevent, treat or cure any health or medical condition. Any product purchased for whatever reason which is used as a food supplement is done so at the discretion of the customer.
It is not uncommon to be intolerant to certain grains, nuts or food groups. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or after taking or using any of our products you find you may have or are experiencing side effects, you should promptly contact your health care provider. Do not exceed the stated dose or use with prescribed medication unless advised by a doctor or medical practitioner. You are using and taking all products at your own risk. We accept no liability for any result, direct or indirect, of you taking any product and neither CompareMeals or its employees may be held responsible for any claim made against them.
You should also consult a physician or medical practitioner before taking any dietary supplement, especially if you are pregnant or nursing.
If you order products from our Site that may be subject to restrictions, quarantine, import duties or taxes which are levied when the delivery reaches the specified destination, you will be responsible for payment of any such testing, quarantine or import fees, duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
By providing content or posting directly on CompareMeals, you represent that you have the right to and title in this information and content, you own it and have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third party rights.
If we have reasonable grounds to suspect the information you provide in any profile or on our Site is untrue, inaccurate or incomplete, or that you have breached any terms and conditions on CompareMeals, or for any other reason including if, in our opinion, you have breached the purpose of our Site, at our sole discretion we have the right to immediately withdraw the content and terminate your account. We may also deny the use of our Site to you in the future and are not obligated to return any subscription or registration monies.
You agree to defend, indemnify and hold CompareMeals, its officers, directors, members and agents harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from your breach of our terms and conditions, content you may provide to our Site, and any activity you may engage in through our Site or use of our Site.
By using our Site, you acknowledge that our advertisers are third party advertisers and we do not have any connection with them. We do not recommend, endorse or promote them, nor do they have any affiliation with CompareMeals. CompareMeals is merely a passive conduit as provider for the advertising service and does not have any association beyond this.
CompareMeals does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by these third parties. Whilst we take reasonable care to monitor our Site, we do not undertake any liability or obligation with regard to their content and you therefore use those Sites and services at your own risk.
CompareMeals is not responsible for any loss, damage or issues you may have with the advertiser and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services. We also cannot confirm that the information on any of the third party advertising sites is accurate or up-to-date.
Failure by Us to insist upon strict performance of any provision of this or any Term and Condition or the failure to exercise any right or remedy to which it, or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Term and Condition. No waiver of any of the provisions of this or any Term and Condition shall be effective unless it is expressly stated to be such and signed by Us.
This Site and its contents are subject to copyright 2016. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may not, except with our express written permission, distribute or commercially exploit the content of the Site. You may not transmit it or store it on any other Site or other form of electronic retrieval system.
This agreement and this website are subject to the laws of New South Wales, Australia. If there is a dispute between you and us that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.