Our Online Canteen hereby declares these terms and conditions and you hereby agree to the usage of the website acknowledging that you do so with the complete understanding and acceptance of these said terms and conditions freely and without duress.
Our Online Canteen Pty Ltd is a registered company with the ABN: 32142542014, ACN: 142542014.
Upon completion of the online registration as an Authorised User of the System by you, you agree to be subject to these terms. By completing the online registration process, you represent and warrant that you have the right, authority and capacity to accept these terms and conditions and agree to abide by the terms. If you do not agree to these terms, you must not use or access the System.
By taking the affirmative act of logging in and using the Our Online Canteen system, the user has taken to have read, understood and accepted the terms of this Agreement. If the user is not willing to be bound by the terms of this Agreement, the user should not continue with the login and usage of the Our Online Canteen system.
In this Agreement unless the context requires otherwise:
"Account" means your account on the Online System protected by password and username which will be opened for you on registration;
"Account Holder" means a member of the School community who has created an account to enable that person to utilise the Online System;
"Fee" means charges for the use of the Our Online Canteen System.
"Goods" means food, beverages or any other items supplied by the Supplier as listed on the menu;
"Intellectual Property" means all trademarks or names and service marks (whether or not registered) registered designs, design rights, copyrights, website domain names, email addresses, telephone and facsimile numbers, sales database, the right to apply for and applications for any of the preceding items, together with the rights in inventions, processes, software, know-how, trade or business secrets, confidential information or any process or other similar right or asset capable of protection enjoyed, owned, used by or licensed to Our Online Canteen;
"Menu" means the menu compiled by the Supplier outlining Goods for Order as amended from time to time;
"Online System" means an online ordering website developed and owned by Our Online Canteen for the provision of Goods to Recipients in Schools;
"Order" means a request made through the Online System to supply Goods to a Recipient on a particular day and Orders means a request made through the Online System to supply Goods to more than 1 Recipient on a particular day or to supply Goods to the same Recipient on different days;
"Prescribed Time" means the time by which you must place an Order as outlined on the Menu or as notified to you from time to time;
"Recipient" means the person nominated by you for whom the Order is for;
"Sale Price" means the prices for the Goods in Australian Dollars which will include GST;
"Schedule" means the schedule forming part of this Agreement;
"School" means a school which has agreed to adopt the Online System which you have nominated when you registered as an Account Holder;
"Supplier" means the supplier nominated by Our Online Canteen to supply the Goods to the School;
"You" means the Account Holder.
1. The parties agree as follows:
1. Agreement and your account
1.1 Subject to your School being registered Our Online Canteen grants you the non-transferrable licence to participate in the Online System.
1.2 You must ensure that all information provided to Our Online Canteen is correct and update it if any detail changes.
1.3 You may purchase Goods from a Supplier using the Online System. An Account will be opened for you.
1.4 Orders must be placed by the Prescribed Time. An Order is deemed to be placed by the Prescribed Time if payment has been made and you have received an electronic confirmation from Our Online Canteen by email or SMS. We cannot warrant that you will be able to place and order after this time has lapsed.
1.5 Our Online Canteen will send you the orders to the supplier whose responsibility it is to prepare the Orders and deliver them to the School at the time agreed between the Supplier and the School.
1.6 Our Online Canteen encourages the Supplier to offer nutritious Goods but you acknowledge that Our Online Canteen will not be responsible for any representations made by the Supplier in respect to the Goods.
1.7 Our Online Canteen does not accept any liability for any ordering that may cause an allergic reaction to a child. It is solely the parent or guardian's responsibility to ensure the order fits in with the child's health requirements as they are known to them.
2. Adding and Redeeming Funds on your Account
2.1 You may add funds to your Account at any time in accordance with the following procedures.
2.2 Our Online Canteen payment methods which may vary from time to time.
2.3 Once Our Online Canteen is satisfied that the funds have 'cleared', Our Online Canteen will credit the Account. Depending upon the payment method selected, this process may take up to five business days.
2.4 You can redeem funds from your account by logging into the Website and clicking the 'Close Account' button under the 'My Profile' section of the website.
3. Fees and charges
3.1 When you place an Order the charge for the Goods and the Fees will be debited from your Account.
3.2 You are responsible for paying the total Sale Price for all Orders you submit on the Online System.
3.3 You agree by using the Online System that Our Online Canteen may change the Fees which may vary from time to time.
3.4 You are also responsible for paying all taxes including GST on any Order which will be included in the Sale Price.
3.5 Any bank fees incurred by Our Online Canteen regarding your Account will be charged to you and Our Online Canteen may recover these costs by reducing your Account balance or obtaining payment from you via your credit card or otherwise.
3.6 Commission is charged to the schools. Parents may incur a standard surcharge fee when adding credit.
4.1 If you add funds or purchase goods to your Account using your credit card or through your bank account you must not charge back, cancel or de-authorise the credit card or bank account charge.
4.2 Should you breach this chargeback clause Our Online Canteen may, at its sole discretion, recover the cost of any Goods purchased by you and the amount of any Fees incurred by Our Online Canteen. This will be achieved by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.
5. Dispute with supplier
5.1 You agree to first raise any complaint regarding the Supplier with the Supplier who may provide you with a refund or replacement.
5.2 If the Supplier fails to address your complaint to your satisfaction, Our Online Canteen may at its discretion provide you with a credit by way of compensation.
5.3 You acknowledge that the Supplier is responsible for the supply of the Goods and that Our Online Canteen is not liable for any claims in relation to their quality, merchantability or fitness for purpose or delivery.
5.4 If you have a dispute with the Supplier you release Our Online Canteen from all claims, demands in any way connected with that dispute.
6.1 Our Online Canteen may utilise the information provided by you to enable Our Online Canteen and the Supplier to perform the services outlined in this Agreement, to notify you of changes to services, changes to conditions.
(a) You are responsible for keeping your Account details including your username and password confidential.
(b) You must immediately report any unauthorised use of your Account to Our Online Canteen.
(c) In the event that Our Online Canteen transfers or in any way assigns or disposes of its interest in the Online System, Our Online Canteen reserves the right to transfer its user database together with all personal and non-personal information which may include your details supplied to Our Online Canteen to the party acquiring an interest in Our Online Canteen or the Online System.
6.2 Our Online Canteen may access your personal details at times in regards to orders been placed, prompted by the supplier, but no personal details are ever given to the supplier.
7. Closure of account and termination
7.1 Our Online Canteen will close your Account:
(a) On receiving a written request from you;
(b) If you have not accessed the Online System for a period of 18 months; and
(c) If Our Online Canteen wishes to terminate this Agreement.
7.2 Our Online Canteen may terminate your licence and this Agreement at any time and remove your access to the Online System for any reason which may include if you breach the provisions of this Agreement.
7.3 On termination of this Agreement or closure of your account:
(a) You must cease using the Online System;
(b) Your access to the Online System will be removed; and
(c) Any outstanding balance in your account less any Fee will be credited back to your credit card. If Our Online Canteen does not have your current credit card or nominated bank account details then the funds will remain in credit and available for 12 months for them to claim back, Our Online Canteen will send notification emails so that the clients are aware of this cancellation and rebate owing.
8.1 This clause should be read in conjunction with the Refund Policy posted on the Website. If any part of the Refund Policy available on the Website is inconsistent with any term set out in this Agreement, the terms of the Refund Policy posted on the Website will prevail to the extent of the inconsistency.
8.2 In the event of an Authorised User reporting to Our Online Canteen either:
- a failure of the Facility Provider to supply the Goods, or
- the Goods being unsatisfactory upon receipt;
8.3 Our Online Canteen will pass the details of the Authorised User complaint to the Facility Provider. If the Facility Provider wishes to grant a full or partial refund, it is the responsibility of the Facility Provider to either refund the customer directly, or provide the refund value to Our Online Canteen and have Our Online Canteen credit the customer's account.
8.4 Our Online Canteen will not provide cash refunds to the customer for individual purchases.
8.5 Refunds for Account Closure
- In the event of receiving a request from the Authorised User to close their Account, Our Online Canteen will refund the remaining value of the account by the following methods at Our Online Canteen's discretion:
- EFT payment into the customer's nominated bank account; or
- If a refund requires Our Online Canteen to contact the Authorised User and a reasonable attempt is made for a period of 30 days, but is unsuccessful, the balance will be credited back to an Account in the name of the Authorised user.
8.6 If there is an issue with an order Our Online Canteen will issue a voucher as a form of refund.
9.1 You agree and acknowledge:
We offer a 99.9% time online live if this is out side we will prorate any lost of income made, however;
(a) Our Online Canteen is not liable to you if the Online System is offline or not working properly;
(b) Unless required by law, Our Online Canteen is not liable for any loss or damage arising out of the terms and conditions of this Agreement or the breach of them by SL or the Supplier or any other third party;
(c) Our Online Canteen provides the Online System to the Supplier and is in no way connected with or responsible for the content of Menus, pricing, packaging, delivery, food description ingredients or any other matter relating to the provision of the Goods or their delivery;
(d) If Our Online Canteen has breached a law which it cannot contract out of, you agree that the extent of any liability of Our Online Canteen to you is limited to:
(i) Replacing or repairing the Goods;
(ii) Reimbursing any Fee paid by you.
You indemnify and agree to keep Our Online Canteen indemnified against any loss suffered by Our Online Canteen as a result of your breach of the terms and conditions of this Agreement, including all costs and expenses.
11.1 You may not assign or transfer your Account to any other party without Our Online Canteen prior written consent.
11.2 Our Online Canteen can assign or transfer all right title and interest in this Agreement and the Online System to any third party that acquires Our Online Canteen business.
12. Your obligations
12.1 You are responsible for maintaining the confidentiality of the Account identification, password, security questions and answers and any other information specific to your Account. This includes ensuring the ongoing security of such items by regularly updating your security information.
12.2 You must immediately report any unauthorised use of the Account to Our Online Canteen.
12.3 Our Online Canteen requests that you or the School provide a photograph of individuals permitted by you to use your Account and the Service. You acknowledge and agree that Our Online Canteen may provide this photograph to the Facility Provider for identification purposes. Where the individual depicted in any photograph provided to Our Online Canteen is a minor, you acknowledge and agree that you are the minor's parent or guardian and you consent to the photographs use in the manner contemplated by this Agreement on the minor's behalf.
13.1 Any prices included as part of the Materials will be your sole responsibility and risk.
13.2 Our Online Canteen will provide you with a help desk for any queries in relation to the Our Online Canteen System. We are open from 6am – 21:00 Queensland time plus a 24/7 reception taking calls 24/7 and 9am – 9pm on weekends
13.3 Our Online Canteen will use reasonable commercial efforts to maintain the Our Online Canteen System.
13.4 Our Online Canteen whilst holding relevant security does not guarantee continuous, uninterrupted or secure access to the Our Online Canteen System, and the operation of the System may be interfered with by numerous factors outside of our control.
13.5 You acknowledge that you are responsible for your network security.
13.6 Our Online Canteen cannot guarantee that the Our Online Canteen System and Materials will be free of errors or viruses.
13.7 Our Online Canteen does not guarantee or warrant that your existing equipment, hardware or software is compatible with the Our Online Canteen System.
13.8 This document sets out the entire agreement between the parties in relation to its subject matter and all prior representations are excluded.
13.9 Our Online Canteen may suspend your access to the Our Online Canteen System in whole or in part at any time without notice or compensation where deemed necessary in Our Online Canteens' sole discretion. –13.10 You cannot assign or otherwise transfer the benefit of this Agreement without the prior written consent of Our Online Canteen. Our Online Canteen may assign or otherwise transfer the benefit of this Agreement to any third party that purchases or acquires the business which conducts the System.
14. Links to Third Parties Websites
The Our Online Canteen Website may contain links and pointers to internet sites maintained by third parties. The Our Online Canteen Pty Ltd does not operate or control in any respect any information, products or services on such third-party sites. Third-party links are included solely for the convenience of users, and do not constitute any endorsement by The Our Online Canteen Pty Ltd and/or its suppliers. Users assume sole responsibility for use of third-party links and pointers and disclaimers set forth herein are equally applicable to such third-party sites.
15. No Unlawful or Prohibited Use
As a condition of your use of the Application, you warrant to The Our Online Canteen Pty Ltd that you will not use the Our Online Canteen Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Our Online Canteen Website in any manner which could damage, disable, overburden, or impair the Our Online Canteen Website or interfere with any other party's use and enjoyment of the Our Online Canteen Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Our Online Canteen Websites.
16. Use of Forums
16.1 The Our Online Canteen Pty Ltd does not control or regularly review the messages, information or files delivered to Forums. It is a condition of your use of the Forums and the Our Online Canteen Website that you do not upload to, post, distribute or transmit to or through this site any messages, information or materials which violate or infringe in any way the rights of others, or which are libellous, defamatory, obscene, pornographic, threatening, abusive, unlawful or would otherwise violate any law, or encourage such conduct, or which, without The Our Online Canteen Pty Ltd's express prior consent, contains advertising or any commercial solicitation; post or transmit any material that contains a virus or other harmful component; restrict or inhibit anyone from using and enjoying the bulletin boards.
16.2 The Our Online Canteen Pty Ltd has no responsibility for the content of any messages, information or materials uploaded, posted, distributed, or transmitted by Users of the Our Online Canteen Website. However, Our Online Canteen Pty Ltd retains the right, but not the obligation in its sole discretion, to monitor, review, edit, delete or refuse to post any third-party content that The Our Online Canteen Pty Ltd deems to be objectionable or in violation of these Terms and Conditions. The Our Online Canteen Pty Ltd reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
16.3 By submitting messages, information and material to any public area of this site, you are granting The Our Online Canteen Pty Ltd a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part or incorporate it in any form, medium or technology now known or later developed.
Users agree to indemnify and hold harmless The Our Online Canteen Pty Ltd and all officers, directors, shareholders, employees, authorized representatives and agents form and against all claims and expenses, including attorneys' fees, arising out of any messages, information or materials uploaded, posted, distributed, or transmitted to or though this site by you.
17.1 The information, software, products and services included in or available through The Our Online Canteen Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Our Online Canteen Pty Ltd and/or its suppliers may make improvements and/or changes in the Our Online Canteen Website at any time. Advice received via the Our Online Canteen Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your personal situation.
17.2 The Our Online Canteen Pty Ltd and/or its suppliers make no representations about the suitability, reliability, availability, timelines and accuracy of the information, software, products, services and related graphics contained on the Our Online Canteen Website for any purpose to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided 'as is' without warranty or condition of any kind. The Our Online Canteen Pty Ltd and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
17.3 To the maximum extent permitted by law, the Application and the services are provided "as is" with all faults and all implied or statutory warranties are excluded. The Our Online Canteen Pty Ltd shall not be liable for any special, indirect, consequential or incidental loss or damage including but not limited to loss of business opportunity, business interruption, lost profits or for punitive or exemplary damages. The Our Online Canteen total liability to you or your employer (if applicable) in respect of all claims relating to these terms and conditions, the Our Online Canteen application, and the services shall be strictly limited to the greater of the amount actually paid by you for the services.
The Our Online Canteen owns all the intellectual property rights in the Our Online Canteen Software. The Software is licensed, not sold. Subject to compliance with the terms of this Agreement, The Our Online Canteen grants a license to use the Software as per the entitlement set out in the Payment Schedule.
19. Technical support
The Our Online Canteen will provide telephone and email support to Users during the business hours of 6:00AM – 9:00pm weekdays and 9:00am to 9:00pm weekends Queensland Time for the term of the License and our reception is accessible 24/7
At its discretion, The Our Online Canteen may provide upgrades of Software and/or documentation
Any major changes will be complete in the school holidays and /or after a 21 notice to users
10.1 Our Online Canteen may vary the terms of this Agreement but must first give you notice of any changes or amendments.
22. Governing Law
11.1 This Agreement is governed by, and is to be construed in accordance with, the law of Australia and where applicable the laws of the State in Australia where the School is located and the parties submit to the nonexclusive jurisdiction of the courts of that State.