Real Food price

Agreement:

Effective: 1 June 2024
Please read the terms and conditions carefully as the acceptance of the terms and conditions constitute a legal agreement between you and Realfoodprice.com.au. By accessing or using the website located at https://realfoodprice.com.au/ by any means, downloading, installing or using the mobile application of the Company or any other Software provided by the Company, accessing or using any information, services, features, or resources made available through the Website or Software of the Company, clicking on a button to affirm the acceptance of this agreement, or completing the user account registration process, you hereby affirm that (i) you have read and understand, consent and agree to be bound by the agreement or by any future change or amendment brought to the agreement as notified time to time at Realfoodprice.com.au. You further affirm that (ii) you are legally entitled to enter into agreement with the Company in the jurisdiction you reside and (iii) you are authorised to enter into agreement personally or on behalf of any legal entity the name of which you used to complete user registration process and hold the legal entity bound by the agreement.
You are not allowed to access or use the website or Software or Service if you intend not to be bound by the agreement. An online platform is hereby provided by using web-based technology. This online platform creates connection between you and other consumers, different businesses, independent third-party contractors who are involved with delivery and other services (contractors). The Website and the Software allows consumers to review data and insights on current food pricing in Australia.

User representations, warranties and covenants:

By using our services, you expressly represent and confirm that you have legal entitlement to enter into this legal agreement. You further confirm that you use our services for your sole, personal or internal business use. You agree to act in compliance with all applicable laws of your home country, state or city of your presence during the use of the services
Our services may only be accessed and used by authorised means. You are required to ensure that correct or compatible software is downloaded for your preferred device. You cannot file a complaint or hold the company liable if wrong version of the software is downloaded in your device and you suffer any loss or damage. The right to terminate is reserved in relation to your use of software or services if you use the software or service with a device that is incompatible or unauthorised.

By using our services, you further enter into the agreement that:

The services will only be used for lawful purposes and the services will not be used to send or store illegal material.
The services will not be used for deceptive or fraudulent purposes.
The services will not be used to cause nuisance, annoyance or inconvenience.
The services will not be used for any commercial purpose unless permission is given by the company in written form.
The Software or any content displayed through the Services can only be copied or distributed with written permission from the company
The information provided by you to open an account with us or any information collected from communication should be accurate and if there are any changes to the information you should notify us immediately. You may be required to produce any proof of identity upon request.
Standard messaging charges will apply if you request Services by SMS text messages.
You are under the obligation to keep your account password or any identification provided by us to access our services secure and confidential.
You are not permitted to resell the Software or the Services provided through the software to any third party
You are not permitted to use our website or Software to cause damage, disable, overburden or impair any company server or any network connected to any Company server.
You are not permitted to attempt or gain access to any part of our website or Software without authorisation.
You are not permitted to deep-link to our website or Software or manually get access to the Website or Software without written permission from the company.
You are not permitted to make any copy of the content that are displayed in our website or Services e.g. reviews, Merchant menu content or catalogue, and republish the content in any other Website or through any other Services in any format or media.
You are not permitted to retrieve the data systematically from our website or Software or Services.
You are prohibited to cause any harm to other users, Merchants, Contractors, the Company or employees of the Company, the Website, Software or Services in any form
You are under the obligation to report any errors, bugs or unauthorised use of the Website or Software or any IP breach that you may discover throughout your experience as a user of the Website, Software of Services.
You are prohibited to misuse our promotional or credit code system through the redemption of multiple coupons at once.

User Account:

The account you open with the Website, Software or Services can only be used by you (sole user). Accordingly, you are solely and fully responsible for the activities undertaken by using your password or account. You are responsible for any unauthorised use of your account. You are under the obligation to prevent the use of your account by any minor. You agree that you will not assign or transfer your user account to other persons or legal entity. You should immediately notify the Company if you suspect any unauthorised activity in your user account. The Company may suspend or terminate your user account if the Company suspects that you have provided false, incorrect, inaccurate or incomplete information.

User content:

User content may be consisted of data, feedback, ratings and reviews, and any restrictions. You may be provided with interactive opportunity to post your user feedback, ratings and reviews. You represent and warrant that you are the owner of the feedback, ratings and reviews, or entitled to make the ratings and reviews. You further warrant that you are the owner of the user contents that you transmit through the Services. You hereby warrant and grant the Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licensable right and license in regard to the using, copying, displaying, publishing, modifying, removing, distributing and/or otherwise using the ‘User Content’ in relation to the Company’s business and in all forms now known or hereafter invented (“Uses”), without prior notification to and/or approval by/from you. You further grant the Company irrevocable license to use the information in relation to username or profile information without prior notification by you.

Independence of merchants:

You understand and agree that the Company Realfoodprice provides a technological platform where Merchants and independent contractors are connected through the Services. You acknowledge and agree that Realfoodprice is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business and takes no responsibility or liability for any act or omission of a merchant or independent third-party contractors. Within the meaning of this agreement, merchant includes retailers of the products the order for which are made through the Software. Realfoodprice is not involved in delivery business and not operating as a common carrier.

Third Party Interactions:

Third-party websites, applications and advertisements: The Services provided by the Company may encompass third party links in relation to third party websites, applications or advertisements. If you click on any of the links, you will not be warned that you have left the website of the Company and you will also not be warned that you are subject to the terms and conditions of the third-party website. The Company does not control the third-party websites and advertisements, and accordingly, cannot be held liable for the actions or omissions that take place at third party websites and applications or in relation to the third-party advertisements. The advertisements are only promoted for the convenience of the consumers of the Company website, Software or Services and the advertisements or links are not reviewed, approved, monitored, or endorsed. You use the services provided by the third-party websites or applications at your own risk. The terms and conditions including the privacy statement should be reviewed or investigated by you before using the third-party website or application.

Disclaimer of warranties:

You expressly acknowledge and agree that you use the website, Software or Services at your own risk. Notice to any changes to the website, Software or Services is not provided to you or other consumers. To the maximum extent permitted by law, no warranties or representations are made by the Company in relation to the accuracy, reliability, completeness or timeliness of the content that the website, Software or Services make available. It is not warranted by the Company that the website, Software or Services will be provided error-free or without intervention by computer viruses or other harmful malware. If the use of the website, Software or Services causes loss or damage to your computer, the Company cannot be held responsible for such economic loss or costs. Nothing in this agreement will exclude implied terms imposed by any legislation (non-excludable provisions).

Limitation of liability:

Subject to the non-excludable provisions, the Company cannot be held liable for any indirect, punitive, special, exemplary, incidental, consequential, and other damages under any common law and equity irrespective of the fact that the loss or damage was foreseeable.

Intellectual property ownership:

All right, title and interest including intellectual property rights in and to the Website, Software and Services shall be owned by the Company. Rights of ownership in or to the Website, Software and Services owned by the Company are not be conveyed by this agreement. The Company name, Company logo, Website name, Software and Services are the trademarks of the Company and no right or license is conferred to anyone under this agreement. You consent that you will not alter or obscure, or remove any copyright, trademark or any of IP rights owned by the Company in relation to the Website, Software or Services.

Internet delays:

The Website, Software and Services of the Company may be subject to limitations e.g. delays and other inherent problems. If there is any delay, delivery failure, or other economic damage caused by the technical problems of the Website, Software and Services, the Company cannot be held liable.

Privacy:

You may provide personal information to the Company when using the Website, Software or Services and allow the Company to collect and store the information. You consent that your personal information will be handled pursuant to the Company’s privacy policy.

Dispute Resolution:

The following section requires you to arbitrate disputes with the Company and limitations can also be imposed on the reliefs that can be sought. This section constitutes “Arbitration Agreement”.

Scope of the Arbitration Agreement:

You understand and agree that if you want to make a claim with respect to the access or use of the website, Software or Services, or transactions with the Company, the dispute or claim will be resolved by binding arbitration rather than in court through litigation. However, small claims may be resolved in small claims court provided that the claim qualifies. This Agreement shall be applied to all claims that arose before the effectiveness of this agreement or subsequent to the effectiveness of the Agreement.

Survival:

Even if the relationship between you and the Company is terminated, this arbitration agreement will survive.

The agreement does not create any joint venture, partnership, employment or agency relationship between you, the Company or any third party.
Any obligation of the Company may be subcontracted under this agreement without prior written consent or authorisation.
Any or all of the Website, Software or Services may be varied, modified, or discontinued (temporarily or permanently).
The laws of the state of New South Wales, Australia, govern the Agreement.
The invalidity of any of the provisions of this Agreement shall not affect the remaining provisions of the Agreement, and the remaining provisions shall remain in full force and effect.
You should visit the https://www.Realfoodprice.com.au to file any complaint in relation to Services.
You are required under the Agreement to provide the latest email address to the Company. If your email address is not current or valid and a notice is not delivered to you that is required or permitted under the Agreement, any dispatch of email containing such notice sent by the Company will still constitute valid notice.
You agree to receive communications from the Company in electronic form under the Agreement. You further agree that the terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement as if they were communicated in writing.
This Agreement is the final agreement between the parties in relation to the subject matter hereof and supersedes and merges all prior discussions between the parties in relation to the subject matter. However, any terms or conditions of this Agreement are not to affect any other separate agreement between you and the Company e.g. employee or independent contractor.