TERMS AND CONDITIONS

Introduction
The Terms & Conditions described below govern your use of the TuckerFox Pty Ltd (TuckerFox) website. References to the "website" include; www.tuckerfox.com.au or any other site, services (including web services), software, applications or media managed and governed by TuckerFox Pty Ltd. "You" and "Your" means the person using www.tuckerfox.com.au to order goods and subject to these Terms & Conditions. www.tuckerfox.com.au means "We", "Us", or "Our" means; TuckerFox Pty Ltd, Registered in Melbourne, Victoria, Australia. ACN; 160 880 017. Your access to, and use of, this website constitutes your agreement to all such Terms & Conditions. In using the website you affirm that you are 18 years or older, or possess legal parental or guardian consent, and are fully able and competent to give the undertakings set out in these Terms & Conditions, and to abide by and comply with these Terms & Conditions. We reserve the right to amend these Terms & Conditions at any time so we recommend that you check these Terms & Conditions regularly. If you do not agree with the Terms & Conditions, do not use the website. This Website is owned & operated by TuckerFox Pty Ltd.

Purpose
The purpose of www.tuckerfox.com.au is to provide a simple, convenient and cost-effective food ordering service to consumers within Australia, linking them to restaurants in their area that offers takeaway food. Interactive menus enable customers to build and submit orders within a few mouse clicks. By registering with TuckerFox, members can view their order history, provide feedback on past orders, introduce friends and enjoy discounts where applicable.

Website Content
The TuckerFox website may include content, information or links to third parties or third party websites such as menus of local restaurants, photos and reviews. TuckerFox has not verified the accuracy of the content or information obtained from third parties and posted on its website. TuckerFox makes no guarantees about the information provided by third parties. TuckerFox does not charge the registered members for use of its website or ordering food online. Note, some restaurants have a minimum order value &/or a delivery fee that may vary between different suburbs. These are conditions bound by the participating restaurants for their home delivery services and are not under the influence by TuckerFox. TuckerFox does not endorse any content provided by third parties or posted on third party websites. That information and links may be used by you at your own risk. TuckerFox does not warrant any food or beverages supplied by member restaurants that are not safe and fit for consumption. By accepting these Terms & Conditions you agree to relieve TuckerFox Pty Ltd from any liability whatsoever arising from your use of information from a third party, or your use of any third party website, or your consumption of any food or beverages from a member restaurant. TuckerFox recommends that before you use a third party website, that you read and accept the privacy policy and terms and conditions of use (if any) which apply to that website.

Limitations of Use
This Site is intended to be accessed by persons located in Australia and we make no representation that any information, materials or functions included in this website are appropriate for use in any other jurisdiction. By using this site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Site or by contacting TuckerFox directly ([email protected]). You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. To use our service you must be over 18 years of age or received adult consent to do so. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership. Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately ([email protected]) You may not use the site for any unlawful or unauthorised purpose, including without limitation: distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material, transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice. Must not interfere with any persons use or enjoyment of the site. Damage, disable or impair the operation of this site or attempting to gain unauthorised access to this site or to networks connected to it, through hacking, spoofing etc.

Utilising TuckerFox Services
If you use the online ordering features of the website, then you must only use the website if you are 18 years or older, or otherwise under the supervision of an adult or guardian; you agree to accept full responsibility for all your activities on our website and online ordering; and you are solely responsible for maintaining the confidentiality of your personal details, password and payment details. TuckerFox reserves the right to refuse service, terminate, your access to the website, or online ordering, remove or edit any content or cancel your orders in its sole discretion and without notice to you. In the event of dispute or chargeback regarding online payment, you should contact TuckerFox directly to resolve the dispute and not the restaurant. TuckerFox provides its permission for you to access its website in accordance with these Terms & Conditions provided that you: only use the website for your personal use; do not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose; do not to use or launch any automated system or program in connection with the TuckerFox website or its online ordering functionality; do not to collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website; you comply with the other provisions set out in these Terms & Conditions. TuckerFox do not warrant that your use of the online ordering service or website will be uninterrupted and we do not warrant that any information (or communication) transmitted via the online ordering service or website will be transmitted reliably, accurately, in a timely manner or at all. TuckerFox do not give warrant that the online ordering service or website is free from viruses or anything else which may have a harmful effect on any technology. Additionally, whilst TuckerFox will try to allow uninterrupted access to the online ordering service or website, access to the online ordering service or website may be suspended, restricted or terminated at any time. All prices are in Australian Dollars. Except where indicated, prices include GST (Australian Goods and Services Tax) TuckerFox reserves the right to substitute, change, suspend, modify or remove without notice any information or service on the website or forming part of the online ordering service from time to time. Your access to the online ordering service and/or website may also be occasionally restricted to allow for repairs, maintenance or the introduction of new services. TuckerFox will endeavour to restore such access as soon as practicable. TuckerFox assumes no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). TuckerFox may also withdraw any information from the online ordering service or website at any time. TuckerFox reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Terms & Conditions. When you are visiting www.tuckerfox.com.au, we may eventually store so called "cookies" on your computer to offer you a better functionality. These cookies contain pieces of information that help us remember you as our customer including information from your previous orders. The use of cookies is industry standard and they are common at almost every internet shop or website.

Placing Orders
TuckerFox endeavours to deal with reputable third parties who provide a quality service, however http://www.tuckerfox.com.au accepts no responsibility or liability for the quality or quantity of any goods delivered by or collected from affiliated third parties. It is the responsibility of the customer to thoroughly check the supplied goods before agreeing to pay for an order. All questions regarding goods shown on this site should be directed to the partner or member restaurant. After you submit an order to us, we will give you an "order number" and send the details of this order in an email to you. Please note that this is acknowledgement of your order, not acceptance. Acceptance of your order will only occur when we send you a further email confirming that the restaurant has received and accepted your order. If the restaurant is unable to fulfil your order you will receive an email stating that your order has been declined. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address. All food preparation and deliveries are the sole responsibility of the restaurant accepting the order. Please be aware that the restaurant will do everything they can to meet the delivery time you specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact mobile number when ordering.

Payments
Once your order has been accepted, this represents an agreement between you the customer and the restaurant. The restaurant has sole responsibility for this order. Cash payments are made directly to the restaurant fulfilling the order. If you have chosen to pay with credit or debit card on the website then the transaction is processed by www.tuckerfox.com.au as an authorised agent of the restaurant. All prices are inclusive of GST and quoted in Australian Dollars (AUD). Delivery and/or card charges are calculated per order and based on the policy of the individual restaurant. Any delivery charges or card fees will be displayed clearly in your Order Summary. Prices are subject to change and all goods are subject to availability.

Cancellations
You have the right to cancel an order up to the point the order is sent to the restaurant. Normally, this is approximately 45 minutes before the time you requested delivery or collection of the order. Members can cancel an order via their Order History, while guests can use the "Cancel Order" link in the confirmation email they received. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information. An order may be subsequently cancelled by a restaurant after you have received an email stating the order has been accepted. www.tuckerfox.com.au and our member restaurants reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

Registration & Accounts
TuckerFox reserves the right to decline a new registration or to cancel an existing registration at any time. To register with TuckerFox, you need to input on the website personal information which may include your name, delivery address, contact details, payment details and other personal information that may be offered on the site from time to time. The Privacy Policy sets out how we will manage your personal information. When you have successfully registered with TuckerFox, you will either be asked to enter a user defined password which is minimum 8 characters & to confirm your password accordingly. It is your responsibility to keep the password confidential and immediately notify us (TuckerFox) if you suspect any unauthorised use of your email address or any breach of security, or if any authorised third party becomes aware of that password. You agree that if you disclose to any person your user name or password, they are authorised to act as your agent for the purposes of using (and/or transacting via) on the website. You are entirely responsible if you do not maintain the confidentiality of your password and TuckerFox is not liable to you if another person orders food or beverages on your behalf after stealing your password. TuckerFox requires all accounts to be registered with a regularly accessed, valid personal email address, so that we can communicate with you. We (TuckerFox) reserve the right to close without notice, any accounts which have been registered with someone else's email address or with temporary email addresses. Users may be required to re-validate their accounts if we believe they have been using an invalid email address. If any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Australian user pretends to be a user, or disrupts the website in any way, we reserve the right to close their account(s).

Submitting & Transmission of Information
All user submissions once submitted to our website or through social media managed by TuckerFox become the property of TuckerFox. TuckerFox reserves the right not to post the user submissions to its website or to change the submissions in any way it sees fit. You agree that TuckerFox may publish your name and submissions on the website, TuckerFox�s social media or in any other media. You also agree that TuckerFox does not guarantee the confidentiality of any user submissions whether or not they are published on the website. You agree that TuckerFox does not endorse any user submission and disclaims all liability in connection with a user submission. You agree not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TuckerFox all of the licence rights granted herein. You agree not to submit information which is false or misleading, unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be consider a criminal offence. You agree not to use the website to post advertisements or solicitations of business without our prior written consent. You agree that you will not impersonate another person when using www.tuckerfox.com.au. In connection with your own user submissions, you represent and warrant that you own or have the necessary licences, consents and permissions to use and authorise TuckerFox to use all patent, trademark, trade secrets, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the website and these Terms & Conditions. TuckerFox does not permit copyright infringing activities and infringement of intellectual property rights on its website. TuckerFox will block and remove all content if such content infringes another person's intellectual property rights. TuckerFox reserves the right to remove content without prior notice. TuckerFox also reserves the right to terminate, without notice, a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of activity which infringe these Terms & Conditions on one previous occasion and/or has had information removed from the website.

Intellectual Property
You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this site for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder. All copyright, trademarks and other intellectual property rights in this site and its content (including without limitation the site design, text, graphics, logos, icons, images and all software, databases and source code connected with the site) are owned by or licensed to TuckerFox or otherwise used by TuckerFox as permitted by law.

Indemnity
You must indemnify and hold harmless TuckerFox, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your access to and use of this site, any breach or violation of the Terms & Conditions of this site or your violation of any law or your violation of the rights of any third party.

Availability
This Site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Ownership Rights
This website provides restaurant information and opinions, as well as tools to order food online. It must be assumed that all material on this site is protected by copyright laws of Australia or other jurisdiction unless otherwise noted and may not be used except as permitted in these Terms & Conditions or in the text on this site. Access to this website, does not grant you the license or right to you any service marks appearing on this site without the prior written approval of TuckerFox or the third party that may own the service mark. Unless otherwise specified, all service names, custom graphics, icons and logos are registered trademarks, unregistered trademarks, trade names or service marks of TuckerFox. The trademarks, service marks, designs and logos (collectively, the "Trademarks") displayed on this Site and/or on e-mails sent to you are the registered and unregistered Trademarks of TuckerFox. All third party trademarks, trade names or service marks are the property of their respective owners. The use of any TuckerFox service marks without our express written approval is strictly prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Search Engines
TuckerFox consents to operators of publicly available search engines, such as Google and Yahoo!, to use software applications, such as spiders, to copy materials from the website solely for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TuckerFox reserves the right to withdraw that consent in full or in part at any time.

Liability Disclaimer
To the maximum extent permitted by law, the liability of TuckerFox to you for any losses arising in relation to these Terms & Conditions or the use of our website as a result of our breach of these Terms & Conditions or our negligence shall not exceed $50. TuckerFox is not liable for any consequential losses, special losses, or indirect losses arising from your use of its services. TuckerFox is not responsible for any photographical or typographical errors in relation to any detail or description of a particular restaurant. TuckerFox takes no responsibility for any bad experiences or bad food at any of the restaurants you dine from. Since TuckerFox does not have and never will have any contractual involvement in your orders or other dealings with the member restaurants, TuckerFox is not required to involve itself in the resolution of any dispute that arises between you and any member restaurant. TuckerFox disclaims any liability for the acts, errors or omissions of any third party users, advertisers or sponsors on the TuckerFox site. TuckerFox is not responsible for the products, services, actions, errors or omissions of any product or service provided by any third party, such as a member restaurant, in relation to the TuckerFox site. Changes to Terms & Conditions TuckerFox may, in its discretion and subject to law, amend or otherwise modify the Terms & Conditions from time to time. TuckerFox recommends that you carefully read, each time you visit the website, the Terms & Conditions as they may affect your rights.

Promotions & Discounts
TuckerFox may from time to time offer promotions or discounts to its members free of charge or for value. TuckerFox may from time to time permit member restaurants to offer their own promotions or discounts for use in conjunction with ordering their food or beverages. Any promotions or discounts offered through the website cannot be redeemed or refunded for cash with TuckerFox or use beyond their respective expiry dates. TuckerFox has no obligation to redeem any promotions or discounts which appear in its sole opinion to have been tampered with or forged.

General Terms & Conditions
These Terms & Conditions, together with the TuckerFox Privacy Policy constitute the entire agreement between you and TuckerFox concerning the website and the services. If any provisions of these Terms & Conditions or Privacy Policy are deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms & Conditions or the applicable policy, which will remain in full force and effect. No waiver of any term of these Terms & Conditions will be deemed a further or continuing waiver of such term or any other term, and the failure by TuckerFox to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. The services provided by TuckerFox and use of the website, as well as making of any purchase of food or beverages through the website does not include the provision of a computer or other necessary equipment you might need to access the website or the service or to make any purchase of food or beverages. To use the website or to make a purchase of food or beverages, you will require internet connectivity and appropriate telecommunication links. TuckerFox is not liable for any telephone costs, telecommunications costs or other costs that you may incur or for any technical malfunction to the computer equipment or phones that you use. The relevant member restaurant, and not TuckerFox, who supplies you with food or beverages is solely responsible for supplying you with the ordered food or beverages, the quality of that food or beverages, and for redeeming any promotions or discounts you purchase from TuckerFox or are gifted to you. TuckerFox takes no responsibility for the service of any alcohol by member restaurants or parties listed on its website. TuckerFox does not act as agent for the member restaurants or third parties listed on the website. Nothing in these Terms & Conditions shall be construed to create a joint venture, partnership or agency relationship between you and TuckerFox and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms & Conditions. TuckerFox shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms & Conditions to any person. TuckerFox shall not be liable for any breach of our obligations under these Terms & Conditions if we are hindered or prevented from carrying out our obligations by any cause which is outside our reasonable control, including by fire, lightning, flood, extremely severe weather, lock-out, strike, labour dispute, act of God, riot, war, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events). If any provision of these Terms & Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

Emails & Submitted Content
Any communication or material you transmit or submit to this site or TuckerFox by electronic mail or other means, including any data, ratings, opinions, restaurant information, questions, comments, suggestions, will be treated as non-confidential and non-proprietary. TuckerFox is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing products or services using such information. You grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate to the best of your knowledge; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify, defend and hold harmless, TuckerFox for all claims resulting from content you supply. TuckerFox has the right but not the obligation to monitor and edit or remove any activity or content. TuckerFox takes no responsibility and assumes no liability for any content posted by you or any third party.

Third Party Sites
Our website may contain links to other websites and services. We are not responsible for the content of, or the terms and conditions policies or practices employed by other companies or websites linked to or from this site. Please read the terms and conditions policies of any other company or website you may link to from our website. Our terms and conditions policy applies only to our website and the products and services we offer. While TuckerFox may provide links on this site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. TuckerFox disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

Dispute Resolutions
The laws of the State of Victoria and the Commonwealth of Australia govern this web site. This Website may be accessed throughout Australia and overseas. TuckerFox makes no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this web site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. Feedback and User Submissions We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions other than those we specifically request. If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

Customer Reviews & Ratings
The ratings contained on this website are for informational purposes only and do not constitute advice. Nor should you rely on reviews to make (or refrain from making) or take (or refrain from taking) any action. Reviews are the opinions of customers who have ordered through the website, and any statements, advice or opinions made by such customers are those of such customers only.

Entire Agreement
These Terms and Conditions represent the entire understanding relating to the use of the website and prevail over any prior or contemporaneous, conflicting or additional, communications. Termination We reserve the right to decline a new registration, terminate your right to link to the website, remove you as a user of this website, and/or prevent any further use if you violate any of the Terms & Conditions. If we consider there to be a risk of liability or loss to us or our member restaurants we may take any action deemed necessary to prevent such a liability or loss from occurring. If we terminate your right to link to the website you must cease linking to the website immediately. Any person who holds a suspended or terminated membership must not order from or re-join this website without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms. Please note that we have the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms & Conditions.

Enforceability
If any part of these Terms & Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms & Conditions. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Governing Law
The Terms & Conditions, Privacy Policy and any matter relating to this website shall be governed by the laws of Victoria and the Commonwealth of Australian and any dispute shall be resolved exclusively in the Victorian courts of Australia.

Contact Us
If you have questions or concerns about these Terms and Conditions you can contact us at [email protected] We recommend you print a copy of these Terms & Conditions for your future reference.