Effective: 22nd July 2016

 

These Terms of Use (Terms) govern your use of our website located at https://www.asianfusionmealprep.com (Site) and form a binding contractual agreement between you (Customer/Consumer/User), the user of the Site and us, Asian Fusion Meal Prep.

 

The Site is owned and operated by Asian Fusion Meal Prep (We/Us).

 

For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on 0410 237 188 or send a direct email at asianfusionmealprep@outlook.com.

 

By using the Site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

 

1)      License to use Site

a)      We grant you a non-exclusive, worldwide, non-transferable license to use the Site in accordance with these Terms.

b)      You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

c)      You must not add any content to the Site:

i)      unless you hold all necessary rights, licenses and consents to do so;

ii)     that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

iii)    that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

iv)     that would bring us, or the Site, into disrepute; or

v)      that infringes the intellectual property or other rights of any person.

d)      The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

e)      You acknowledge and agree that:

i)      we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion without prior notice; and

ii)     the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes) without prior notice.

 

2)      Intellectual property rights

a)      Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

b)      By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing.

c)      You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

d)      The license in paragraph (c) will survive any termination of these Terms.

e)      You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in paragraphs (b) and (c).

 

3)      Warranties

You represent and warrant to us that:

a)      you have the legal capacity to enter these Terms; and

b)      you have complied with clause 1(c).

 

4)      Liability

a)      To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

b)      To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

c)      These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

i)      in the case of goods:

(1)     the replacement of the goods or the supply of equivalent goods;

(2)     the repair of the goods;

(3)     the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(4)     the payment of having the goods repaired; and

ii)     in the case of services:

(1)     the supply of the services again; or

(2)     the payment of the cost of having the services supplied again.

 

5)      Termination

a)      These Terms terminate automatically if, for any reason, we cease to operate the Site.

b)      We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

 

6)      General

a)      You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

b)      If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

c)      Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

d)      These terms are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

 

7)      Order Cancellations

We use fresh ingredients weekly and cook our meals fresh to order every week. Due to this reason to cancel your order you must notify us within 24 hours of placing the order. Unfortunately, any cancellation requests made after this time cannot be honored as your meals will already be prepared. Therefore, you will be charged the full amount of the order. Please contact us on 0410 237 188 or send a direct email at asianfusionmealprep@outlook.com if you would like to cancel your order.

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8)       Payment

a)       Any transactions or purchases offline can be made via bank transfer. BSB and account number details will be visible upon the checkout process.

b)       Any transactions or purchases online can be made via MasterCard, Visa, Paypal only. All transactions are processed via our partner payment service Paypal.

c)        In store transactions may be made by cash, direct debit, Visa or MasterCard through our shopfront using our EFTPOS merchant facility.

d)        All payments have to be made before your purchase can be delivered. When paying by card, if you have insufficient funds in your account or the card declines - the purchase will not go through. For direct transfers, your meals will only be delivered once the transfer has been completed.

e)        If you cannot pay using the methods above, please contact us on 0410 237 188 and we can try organize a solution for you.

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9)       Security

All credit card payments are processed securely through a PCI compliant Payment Gateway (Paypal Payments) and payments are made directly through 256 bit SSL Encryption software to ensure your personal details are kept safe. Asian Fusion Meal Prep does not store any credit card information on our servers. We may also change or add additional payment gateways to our website in the future. We take reasonable steps to protect your personal information. However, we are not liable for any unauthorized access to this information.

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10)      Acceptance of Order

We reserve the right to accept or reject your order for any reason, such as the unavailability of any product or service, an error in the price of the product or service or an error in your order.

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11)      Order Cancellations By Us

We reserve the right not to provide goods or services, remove or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

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12)      Discounts & Promotions

Discounts or promotion codes are non-transferable and cannot be transferred or refunded for cash. Furthermore, Asian Fusion Meal Prep reserves the right to cancel any promotion or discount without prior notice. Only a single discount or promotion code per order and cannot be used in conjunction with any other discounts or promotions.