Terms & Conditions

As a user of the Site (you), you are bound by the following terms and conditions, our Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Site (Terms & Conditions) which govern your use of and access to the Site. Accordingly, you should review them in relation to all or any part(s) of the Site.

By allowing you to access the Site, Mobile Foods grants to you a licence. By accessing the Site, you accept the Terms & Conditions of this licence. We may at any time vary and amend Terms & Conditions by publishing the varied Terms & Conditions on the Site. You accept that by doing this, we have provided you with sufficient notice of the variation and amendment.

Below are the current Terms & Conditions of the licence. It is your responsibility to familiarise yourself with the current Terms & Conditions each time you visit the Site.

1.    Definitions

For the purposes of these Terms & Conditions, the words:

Mobile Foods, we, our and us refer to Mobile Foods Pty Ltd (ACN 150 386 628) and its related bodies corporate (as defined in the Corporations Law of Australia)

Site refers to materials and services delivered on or through the website located at the domain name http://www.eat-appy.com.au

Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Site.

2.   Licence

Pursuant to this licence and subject to the absolute right of Mobile Foods to vary access to all or any part(s) of the Site, you acquire a non-exclusive right to:

  1. view the material in the Site;
  2. access material contained in the Site; and
  3. use the Site strictly in accordance with the provisions of this licence.

This licence commences upon your accessing the Site and is granted in perpetuity. However, the licence may be terminated without notice by us if you are in breach of any of the Terms & Conditions.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the Site that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by us. Termination will not affect any rights or remedies, which we may otherwise have under this licence or at law.

If you wish to download and use any material contained in the Site for a temporary purpose (such as viewing offline), you may do so.

However, downloading material contained in the Site for reproduction by you may only be done upon receipt of our prior written consent, and upon payment of any fee required by us to be paid by you for that use.

3.   Your obligations

You must not:

  1. copy or translate for commercial use, reproduce, adapt, vary or modify any material in the Site without our express consent, except as expressly authorised by this licence;
  2. provide or otherwise make available any material in the Site in any form to any person other than employees, subcontractors and other agents (if any) without our prior written consent;
  3. place a link to the Site without our prior written consent;
  4. interfere with, disrupt, or create an undue burden on the Site;
  5. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Site;
  6. use the Site with the assistance of any automated scripting tool or software;
  7. frame or mirror any part of the Site without our prior written authorisation;
  8. use code or other devices containing any reference to the Site to direct other persons to any other web page;
  9. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so; or
  10. delete any attributions or legal or proprietary notices on the Site.
4.   Warranties

We do not warrant that the material in the Site is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the Site will not cause us to be in breach of the Terms & Conditions. In particular, we reserve the right to change, add or remove any material in or from the Site without notice.

We do not warrant that the functions contained in the Site or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Site and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded and we will not be liable for any direct, special, indirect or consequential damages, losses, expenses or costs arising out of a breach of this licence, the supply of a defective program, or any error, omission or misrepresentation in any material on this Site. If any statute (such as the Australian Consumer Law) implies terms into this licence which cannot be lawfully excluded, such terms will apply to this licence, save that our liability for breach of any such implied term will be limited, at our option, to any one or more of the following:

  1. the replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
  2. the repair of such goods or services.
  3. the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
  4. the payment of the cost of having the goods repaired or the services performed again.

When deciding to visit the Site, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by us which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us (which material may be out of date or superseded).

5.   Intellectual Property rights

You acknowledge that the material in the Site may be the subject of copyright and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limitation, you specifically acknowledge that you may not copy the material in the Site, except as otherwise expressly authorised by this licence.

6.   Trademarks

'eatappy', 'eat-appy', 'EatAppy', 'Eat Appy' and all associated trademarks, whether registered or unregistered, are trademarks of Mobile Foods and its related bodies corporate.

Except as expressly provided in these Terms & Conditions, access to or use of the Site does not constitute or create a licence or any other right to use our name, trademarks, copyright or any other intellectual property.

7.   Indemnity

By using the Site, you agree to indemnify and keep us indemnified against all liabilities, damages, claims, losses, costs and expenses, which we may incur to a third party or you due to your breach of the provisions of this licence.

The Site may contain links to other websites operated by third parties. You accept that we have no control over, and are not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.

8.   Disclaimer

By using the Site, you acknowledge and agree that:

  1. you use the Site at your own risk;
  2. we take no responsibility for any error or omission relating to the material contained in the Site;
  3. we give no undertakings to provide access to the Site at any particular time, or for any particular length of time; and
  4. we will not be held liable for any lapse in the Site’s accessibility, or any consequences whatsoever that flow from the unavailability of the Site.
9.   Waiver

Failure or neglect by Mobile Foods to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of our rights under this licence.

10.   Jurisdiction

This licence shall be governed by and construed according to the laws of the State of New South Wales, Australia.