Allied Chefs Australia Pty Ltd
ABN 71 101 036 195
trading as "Preparedmeals" Your agreement with Preparedmeals.com.au
"Prepared meals" means Allied Chefs Australia Pty Ltd of 2/7 Turbo Road, Kings Park NSW 2148, the producer of this website and the supplier of Goods ordered using this website and the information on this website "You" and "your" refers to the persons using this website, those obtaining Goods using this website, those using information on this website and those persons ordering Goods following use of this website. "Location" means the address you specify when you make the order on prepared meals for delivery of the Goods. "Site" means digital data and software code on a computer accessible by use of the Internet and having the Uniform Resource Locator http://www.preparedmeals.com.au. "Goods" means goods manufactured by or for preparedmeals and acquired by you from preparedmeals and where applicable includes services acquired from preparedmeals. "Delivery Time Frame" means the period described in clause 2.3.
1. GENERAL
User agrees to be bound by Terms Of Use
1.1 By using the preparedmeals Site, you agree to be bound by these Terms of Use which constitute the agreement between you and preparedmeals. Variation of Terms of Use 1.2 Preparedmeals reserves the right to change, modify, add or remove any part of these Terms of Use and to add to, change or discontinue any material or information contained in, or any other aspect of, the Site at any time and without notice or liability. Please check the Site regularly for changes in these Terms of Use. Governing Law
1.3 The laws of New South Wales govern the operation of this Site and the interpretation of these Terms of Use. 1.4 You agree to submit to the jurisdiction of the courts in of New South Wales in the event of any claim or dispute arising between you and preparedmeals. Validity
1.5 If any part of these Terms of Use is invalid or unenforceable, that invalidity does not affect the validity or enforceability of any other part of these Terms of Use. 1.6 Use of this Site may be suspended or terminated at any time.
2. OBTAINING GOODS 2.1 You agree that the order placed by you with preparedmeals for Goods constitutes an agreement between you and preparedmeals with preparedmeals on the terms and conditions of these Terms of Use. 2.2 The data entered by you on this Site will be true and accurate and complete in the relevant particulars. 2.3 Your delivery will be made to you within a maximum of 24 hours and subject to an acceptable time for you to receive the Goods. You should allow 2 hours beyond the appointed time for delivery and receipt of the Goods. As a guide, if you order in the evening we will be able to deliver the following morning or afternoon. If you order prior to 12 noon, we will be able to deliver that afternoon or on the following morning. The Site enables you to specify when you wish to have the Goods delivered. 2.4 You or some person appointed by you will be available for receipt of the Goods within the Delivery Time Frame. 2.5 You will keep the Goods frozen (-18° Centigrade) until they are to be consumed. Before consumption they will be brought to room temperature or heated as required. 2.6 After defrosting the Goods are used at your risk and must only be used in accordance with instructions. 2.7 Payment will be made at the time of delivery and will be by cash, credit card, eftpos or cheque in accordance with the tax invoice presented on the Site following ordering or received by you with the Goods on the delivery of the Goods. 2.8 You warrant that the address for delivery is accurately entered on the Site or given by you by facsimile or telephone to preparedmeals and that the Location of the premises is easily identified from street numbers and nearby intersections. 2.9 You acknowledge that the Goods are frozen when ordered and will be delivered by a truck refrigerated to ensure there has been no thawing of the Goods. 2.10 If you have any dissatisfaction with the Goods your purchases will be refunded in full on return of them to preparedmeals address. 2.11 Property passes in the Goods at the time of delivery to the Location. 2.12 A delivery fee will be charged for all Goods ordered which are less than $75 inclusive of GST. 2.13 All prices specified on the Site include any applicable GST. 2.14 You acknowledge that if no one is present at the Location during the delivery time when the Goods are delivered preparedmeals will return the Goods to preparedmeals premises. A delivery fee may be charged for redelivery of the Goods to the Location; and 3. PROMOTION 3.1 You acknowledge the chinaware is only provided with your first order or the first order at the Location and that chinaware is delivered as part of the Goods if ordered as part of the Goods and then only as ordered and that the chinaware remains the property of preparedmeals until you have purchased $2,000 worth of Goods from preparedmeals. 4. ACKNOWLEDGMENTS AND WARRANTIES BY YOU
Acknowledgments by you
4.1 You acknowledge that:
4.1.1 information contained in or made accessible by this Site from third party sources is made available for your interest only and does not necessarily represent the views, statements opinion, knowledge or commitment to a particular course of action of preparedmeals. It is relied on by you at your own risk and:
4.1.1.1 is general in nature and cannot take into account your particular circumstances; 4.1.1.2 is made available to you as information which may be of interest to you or which may assist you in the purchase of Goods other than for the purchase of Goods from this Site; and 4.1.1.3 represents the views, statements and opinions of the author of any conference paper, article, research paper or other material contained in or made accessible by this Site.
4.1.2 references to the products or services provided by a person or company on this Site do not imply any form of endorsement, non-endorsement, support or commercial gain by preparedmeals of the products or services provided by that person or company unless they are provided by preparedmeals; 4.1.3 transmission to or from this website may be intercepted, used and modified by third parties even though preparedmeals will use its best endeavours to prevent an occurrence of this kind; and 4.1.4 you are solely responsible for any content submitted by you to this Site and any instructions or information provided by you in ordering Goods from this Site. Preparedmeals is not responsible for any incomplete or incorrect information provided by you. Warranties by you
4.2 You warrant to Preparedmeals that you will not:
4.2.1 use this Site for a purpose that is unlawful or prohibited by these Terms of Use; 4.2.2 impersonate any person, entity or corporation, or enter a fictitious name or entity name on any form on this Site; 4.2.3 collect or store personal data about other users of this Site for any purpose; 4.2.4 submit any content that: 4.2.4.1 infringes the intellectual property rights of any third party; 4.2.4.2 is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity; 4.2.4.3 contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail; 4.2.4.4 contains a survey, contest, or pyramid scheme; or 4.2.4.5 contains viruses, corrupted files, or any other similar software or programs that may damage the operation of this Site or another computer, or 4.2.4.6 engage in any other conduct that inhibits any other person from using or enjoying this Site.
DISCLAIMER AND LIABILITY
Disclaimer
5.1 While the information contained in or made accessible by this Site, or in response to a request for information or advice, has been formulated in good faith and with all due care, preparedmeals does NOT warrant:
5.1.1 its accuracy, currency, reliability and correctness; 5.1.2 that it is free from errors or omission, or that it is definitive; 5.1.3 that it is free from computer viruses or other defects; or 5.1.4 its fitness of purpose for any use, including but not limited to choosing and processing Goods received from preparedmeals or understanding more about food, its preparation, consumption and storage and the health and welfare of your lifestyle and body from recommendations on this Site.
5.2 Before relying on the information contained in or made accessible by this Site, you should independently verify its accuracy, currency, completeness and relevance for your purposes, and you should obtain any appropriate professional advice.
Limitation of liability
5.3 To the maximum extent permitted by law, the Goods supplied to you in response to a request for them is made available to you on the understanding that Lifestage and its employees and agents are not liable to you for any loss, damage, cost or expense incurred or arising by reason of you consuming or using and whether caused by reason of any error, negligent act, omission or misrepresentation in the information or otherwise. 5.4 Preparedmeals does not attempt to exclude any rights or remedies which due to the operation of the Trade Practices Act 1974 or similar State and Territory legislation cannot be excluded. Lifestage excludes all other conditions and warranties implied by custom, statute or the general law. 5.5 To the extent permitted by law, preparedmeals liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of preparedmeals to the refund of any money paid by you or the supply again of such Goods. Indemnity by you 5.6 It is a condition of the use of this Site that you indemnify preparedmeals against all claims and actions however arising from the use of Goods obtained by using this Site or otherwise provided by preparedmeals, including but not limited to, direct or consequential losses or damages. Privacy acknowledgment by you 5.7 You acknowledge that preparedmeals may only use information provided by you or through your use of this Site in accordance with its privacy policy.
6. COPYRIGHT
6.1 This Site is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 all other rights are reserved by preparedmeals. 6.2 This Site is protected by Australian and international copyrights in the graphics, design, layout, typography, and expression of information, whether as a compilation or otherwise. 6.3 Information on this Site may not be reproduced in whole or in part for general publication or commercial purposes without the permission of preparedmeals. 6.4 The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of preparedmeals and/or other third parties, or references to such trademarks, patents, technologies, products, processes or other intellectual property rights. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of preparedmeals and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the content of this Site, without the express written consent of preparedmeals or unless expressly authorised by law, is prohibited.
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