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Terms and Conditions

Welcome

 
The Kuisine Company Pty Ltd (“The Kuisine Company”, “we”, “us”, “our”) (ABN 59 147 334 101) thanks you for using our website, www.kuisine.com.au, as well as any other websites that are owned and operated by us (collectively, the “Website”). We believe you will find the Website informative and easy to use.
 

Acceptance of the Terms and Conditions

 
The following Terms and Conditions (“Statement”) govern your use of the Website. Please review these Terms and Conditions carefully before using the Website. Each time you access or use the Website, you are entering into a contract with us, and you agree to be bound by these Terms and Conditions including any other legal notices. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. If you do not agree to be bound by and comply with these Terms and Conditions, please do not access or use the Website.
 
We also reserve the right to deny you access to or use of the Website if we have reason to believe that you do not comply with these Terms and Conditions.
 

Changes

 
The Kuisine Company reserves the right to change these Terms and Conditions at any time, including but not limited to the charges associated with the use of the Website. We will notify you of any changes by posting an updated version of the Terms and Conditions on this Website. It is your responsibility to regularly review these Terms and Conditions. If you use the Website after we make any changes, it means you have accepted the changes and that you agree to be bound by the Terms and Conditions as modified.
 
The Kuisine Company also reserves the right to modify or discontinue, either temporarily or permanently, the Website including any products, goods or services contained on or referenced on our Website, with or without notice and without any liability.
 

Links

The Website may contain links to other websites (“Linked Sites”) which are owned and operated by third parties. The Linked Sites are not under the control of The Kuisine Company, and we are not responsible for the contents provided on any of the Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Kuisine Company does not sponsor or endorse any information, products, goods or services contained on or offered through any of the Linked Sites. Likewise, The Kuisine Company does not sponsor or endorse any persons or entities that are associated with other websites linked via our Website. The Kuisine Company is not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
 
You cannot link, make reference to, use, reproduce, republish or re-disseminate any content on our Website including any of The Kuisine Company’s icons, logos, or trademarks without our prior written consent.

Representations and Warranties

By accessing or using the Website, you represent and warrant to us that you:

  • are at least 18 years of age, and have the legal capacity to enter into these Terms and Conditions;
  • by purchasing any products, goods or services contained on the Website, you are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
  • consent, and (where applicable) you have obtained all necessary approvals, consents and authorisations from any third party, to submit information to us, including personal information, to delete or modify such information and all information submitted is true, accurate and complete;
  • accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of our Website under your name or account, as well as all use of others using your name or account on our Website; and
  • agree to supervise all persons who are not of the age of majority in your jurisdiction that access or use the Website under your name or that use your name or account.

Limitations of Use

As a condition of your use of the Website, you warrant to The Kuisine Company that you will not use the Website for any purpose that is unlawful or prohibited by this Terms and Conditions statement and any other notices published. You may only access or use the Website to source the information and content posted on the Website and/or determine the availability of and to purchase products, goods and services offered on the Website. Use of the Website for any other purpose, including any commercial use or purpose, is expressly prohibited.
 
In addition to the preceding, you also agree that in accessing or using the Website, you will not commit or participate in any of the following acts or actions, each of which is expressly prohibited by these Terms and Conditions:

  • directly or indirectly, access, use, encourage, solicit, permit, facilitate, aid, assist, or abet or participate in, including, but not limited to, the selling, licensing, distribution or provision to any entity or person by any means whatsoever that allow, the access, use, or agree to provide the access or use, of the Website through any manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web “bots”, deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or that is afterwards discovered, that performs the same or a similar function, in order to, without limitation: “data mine”; “screen scrape”; data process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion or content of the Website;
  • unless expressly provided for in these Terms and Conditions, create any derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filter or change of the order of any information, products, goods, services, and software contained or offered on, or obtainable by, through or from the Website. Without limiting the generality of the foregoing, you also agree not to cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimises, covers, or otherwise inhibits the full display of the Website;
  • access or use the Website in such manner, or otherwise take any action, that burdens our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of the Website, that otherwise interferes with the standard functioning of the Website or otherwise abuses, or overuses the Website or interfere with any other party’s use and enjoyment of the Website;
  • access or use the Website to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
  • circumvent, or attempt to circumvent, any measures or precautions taken by The Kuisine Company to prevent the use or access of the Website, or any other action, in violation of these Terms and Conditions;
  • access the Website to make any speculative, fraudulent, or false reservation, or any reservation in anticipation of demand. The Kuisine Company reserves the right to cancel any and all such prohibited reservations without notice and liability; or
  • engage in any other conduct or activity that either conflicts with these Terms and Conditions or that The Kuisine Company deems, in its sole, absolute and unrestricted discretion, to be in conflict with these Terms and Conditions.

Use of Communication Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • by purchasing any products, goods or services contained on the Website, you are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • conduct or forward surveys, contests, pyramid schemes or chain letters;
  • download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • restrict or inhibit any other user from using and enjoying the Communication Services;
  • violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
  • violate any applicable laws or regulations.

The Kuisine Company has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Kuisine Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

The Kuisine Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Kuisine Company’s sole discretion.

 

Always use caution when giving out any personal information about yourself, your children or any of your family relations in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, The Kuisine Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised by The Kuisine Company to act as spokespersons, and their views do not necessarily reflect those of The Kuisine Company, as an organisation.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials you Provide to Us

We appreciate your feedback and suggestions. However, we do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the Website or any associated services (collectively “Submissions”). By posting, uploading, inputting, providing or submitting your Submission you are granting The Kuisine Company, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, distribute (free of charge) and reformat your Submission; and to publish your name in connection with your Submission. Therefore, any materials you provide to us such as questions, comments and suggestions regarding our products, goods or services or the content of the Website is considered non-confidential. We are free to use any ideas, inventions, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing and marketing products, goods and services incorporating such information.

 

No compensation will be paid concerning the use of your Submission, as provided herein. The Kuisine Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Kuisine Company’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Your Privacy

We are committed to your right to privacy. When using our Website, you can be confident in knowing that any information shared with us will be subject to a high standard of confidentiality and in accordance with our Privacy Policy.

Liability Disclaimer

The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We may make improvements or changes in Website at any time. Advice received via 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 situation.

 

The Kuisine Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on 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 Kuisine Company hereby disclaims 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.

 

To the maximum extent permitted by applicable law, in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of Website, whether based on contract, tort, negligence, strict liability or otherwise, even if The Kuisine Company has been advised of the possibility of damages. Some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Website.

Termination and Restriction of Access

The Kuisine Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Australia, and you hereby consent to the exclusive jurisdiction and venue of courts in Australia in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Kuisine Company as a result of this agreement or use of the Website. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Kuisine Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable according to the applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Website.
 
A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademarks

All contents of the Website are: Copyrighted (©) 2016 by The Kuisine Company Pty Ltd and/or its suppliers. All rights reserved.

 

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The Kuisine Company, The Good Meal Co and Simply Special are all trademarks registered by and owned by The Kuisine Company Pty Ltd. Any rights not expressly granted herein are reserved.

Contact Information

If you have any queries about this Terms and Conditions Statement, please don’t hesitate to contact us using the contact form on our website. Or contact us using the following details:

 

Phone: 02 4735 8200 (International +61 2 4735 8200)
Fax: 02 4735 8400 (International +61 2 4735 8400)
Mail: 37 Bromley Road, Emu Plains, NSW 2750, Australia