Terms and Conditions Introduction This platform and its contents ("the Platform") is owned and operated by Auntie May's Kitchen (ABN:36214110159). By accessing or using the Platform, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in these Terms of Use, the Privacy Policy and elsewhere on the Platform (known collectively as “Terms and Conditions”). The Terms and Conditions govern both your use of this Platform and the supply of meals from the cooks who advertise on the Platform (together, “the Service”). Auntie May's Kitchen reserves the right to amend these Terms and Conditions at any time. We therefore encourage you to check this document each time you visit the Platform. By accessing the Service, you agree to be bound by these Terms and Conditions. Purpose Auntie May's Kitchen caters to individuals who wish to purchase home cooked food. Ordering and delivery Auntie May determines what meals are made available and advertises through the Platform, and the time at which those meals will be made available. All meals are subject to availability and offered in the absolute discretion of Auntie May. Auntie May may use nuts and other allergenic ingredients when preparing meals. Although the utmost care is taken to avoid cross contamination, our products are made in a kitchen that also handles milk, eggs, fish, nuts, peanuts, wheat and soy. It is your responsibility to be available for delivery at the agreed upon address, at the required time. If you are not available or late by more than 15 minutes (without prior notice), then you may not receive your meal, and forego the money paid for any order. To facilitate delivery of ypur meals, please ensure the details you provide are correct so as to enable contact if there is a problem. Prices The prices of meals will be listed on the Platform. Prices exclude GST. Prices will vary from menu to menu. Prices are subject to change at any time, but changes will not affect orders already placed, unless there is an obvious mistake, whereby we will notify you as soon as we can about the pricing issue. Payment for meals can be made via cash or card on delivery, EFT, or use of a credit or debit card through the Platform. Once your order is confirmed your credit or debit card will be charged the relevant amount. Payment is made to Auntie May's Kitchen. Liability To the maximum extent permitted by law, Auntie May's Kitchen provides this Service and the content on “as is” and “as available” basis and makes no representation or warranty of any kind, express or implied regarding the content or availability of the Service, or that it will be timely or error free or that defects will be corrected. To the extent permitted by law and subject to the operation of the Australian Consumer Law, Auntie May's Kitchen expressly disclaims all warranties and conditions regarding any portion of the Service, including but not limited to implied warranties and conditions of fitness for a particular purpose, merchantability, and all responsibility for any loss, injury claim, damage of any kind whatsoever, including arising from: the supply of the meals in accordance with this agreement; errors on the Platform, including technical errors; any third party content accessed through the Platform; the Unavailability of the Service or any portion; viruses or system malfunction which may occur in connection with the Platform. To the extent permitted by law, Auntie May's Kitchen shall have no liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use or inability to use the Service. Unless specified otherwise and to the extent permitted by law, if Auntie May's Kitchen is liable to you, then the aggregate liability is limited the cost of the meal you paid for. To the maximum extent permitted by law, if any warranties or conditions are implied or imposed by law and cannot be excluded, our liability for any breach of those warranties or conditions are limited, at our option: in the case of goods the replacement of the goods or supply of equivalent goods; the payment of the costs of replacing the goods or equivalent goods. in the case of services the supply of the services again; the payment of cost of the supply of the services again Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law as set out in Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia, unless FMAuntie May's Kitchen is legally able to, in which case FoodSt limits its liability to the maximum extent permitted by law. Indemnity You agree to indemnify and keep indemnified Auntie May's Kitchen in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Platform (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity. Competitions and Promotions Certain parts of the Platform may contain competitions or promotions from Auntie May's Kitchen. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Platform from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Auntie May's Kitchen specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you. Termination and Cancellation Auntie May's Kitchen reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Platform. Without limiting the operation of any other Terms and Conditions herein, Auntie May's Kitchen will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Auntie May's Kitchen's liability will survive such termination. Content posted by users Auntie May's Kitchen may provide individuals with the ability to rate or provide testimonials in connection with our products. If the individual does rate or provide any testimonial, the individual agrees to only rate or provide a testimonial that truly reflects their own opinion. You are solely responsible for all content that you post or communicate via the Services. We make no warranties or representations about accuracy, reliability or otherwise of any information provided via users of the Services. We shall not be responsible for policing, monitoring, or editing such content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, Auntie May's Kitchen shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by users and in order to determine compliance with these Terms and Conditions. Auntie May's Kitchen shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of these provisions or which it finds in its sole discretion to be otherwise objectionable for any reason. The opinions expressed by users are not necessarily (and in some cases not at all) those of Auntie May's Kitchen. Auntie May's Kitchen is not responsible for any materials provided by users which are deemed harmful or offensive to others. Auntie May's Kitchen is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided by users of the Services, to the maximum extent permitted by law. All statements, advice and opinions made by users are those of such users only, and Auntie May's Kitchen neither endorses nor shall be held responsible for the reliability or accuracy of same. Applicable law The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect. Auntie May's Kitchen makes no representation that the content of the Platform complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.