General Terms and Conditions

Agreement

The terms and conditions set out in this document together with the Privacy Policy to view saved addresses (as updated from time to time) form the Terms.
The Terms govern access and use of Hampr Pty Ltd (ACN 613 944 817) (Us/We/Hampr)'s website (https://hampr.com.au) (Website).
The Terms bind both the person who accesses the Website as well as any organisation or entity which they represent as employees, contractors or otherwise as agent. All references to you in the Terms refer to any individual accessing the Website as well as any entity that the individual represents.
By accessing the Website, you are deemed to be bound by the Terms. If you object to any of the Terms, you should immediately cease using and accessing the Website and must not place any Orders.
The Terms, as amended from time to time, apply to the exclusion of all prior discussions, representations, understandings and arrangements, and all conditions and warranties (written or oral, express or implied) and other representations (contractual otherwise) whether or not endorsed or delivered with or referred to in any correspondence or communication with Us.
We reserve the right to amend the Terms at any time with notice to you. Publishing updated Terms on the Website is considered adequate notice for the purposes of this clause. Your continued access of the Website constitutes Your agreement to the latest Terms published.

About Hampr

Hampr provides a platform via the Website that connects You to Suppliers from whom you can order food, beverages, kitchen supplies, event-related services, and services related to gifting and team culture.
Hampr enters into agreements with the Suppliers under which the Supplier agrees to be listed on the Website, and to fulfill Orders.

Account Registration

You may need to register for an Account in order to access certain parts of the Website.
To create an Account, you must:

be over the age of 18;
possess the legal right and ability to enter into a legally binding agreement with Us; and
affirm that you are bound by the Terms.

You may be required to provide Us with information about you or your organisation in order to register an Account. Where this occurs, you warrant to Us that:

all information provided to Us is accurate and up-to-date; and
you hold and will continue to hold all rights and consents necessary to provide Us with the information and to allow Us to use, store and process all such information.

You must keep all details associated with your Account up-to-date and must notify Us of any changes to your Account details.
You acknowledge and agree that you are responsible for the security of your Account and for all use and activity carried out on your Account.
You will indemnify and hold Us harmless with respect to any Claim against Us or any loss or damaged suffered by Us that arises out of or in connection any use or activity carried out through your Account.

Menu Items

Hampr enters into agreements with its Suppliers under which the Supplier agrees to be listed on the Website, and to fulfill Orders.
We list available Menu Items on the Website.
Hampr is not responsible for the preparation, packaging, labelling, delivery or other handling of any Order.
You acknowledge and agree that Hampr is not a party to any dealings, transactions or Orders between you and Suppliers.
There may be Menu Items which are displayed as having particular properties, including being vegetarian, vegan, Halal certified or friendly, Kosher certified or friendly, in relation to allergens or any other characteristics or certification (Item Tags).
Hampr uses reasonable endeavours to verify that, in general, Suppliers prepare and otherwise handle Menu Items in a manner which conforms with Item Tags. However, to the extent permitted by law (including the ACL), Hampr makes no warranties and expressly disclaims all liability in relation any particular Menu Item failing to conform with an Item Tag or otherwise not being as stated or described in an Item Tag.
Hampr does not endorse, take responsibility for or guarantee the quality, timeliness or availability of Menu Items.

Orders

You may submit an Order through the Website.
By default, prices of Menu Items are displayed as exclusive of GST. However, if you register for an Account, whether the price of an item displayed is shown inclusive or exclusive of GST will be dependent on the settings configured during Account registration.
Once submitted, if your Order is accepted it will be confirmed by an email to you (at the email address supplied when submitting the Order) (Confirmation).
Until Confirmation, there is no agreement for fulfillment of the Order.
We reserve the right to reject or cancel any Orders (in Our sole discretion, acting reasonably), including but not limited to where:

the Order was made in breach of the Terms; or
(b) a Supplier is unable to fulfill the Order;
the Order does not meet any Operational Information;
insufficient details are provided by you to enable the Supplier to fulfill the Order;
there is a technical error with the Website in relation to the Order, including but not limited to where the wrong price is displayed on the Website for an Item.

We will endeavour to ensure that Menu Items can be supplied by the Suppliers but you agree that from time to time Our Suppliers may not be able to fulfil the Order. If a Supplier cannot fulfil an Order, We will contact you and try to source a replacement Menu Item or an alternative Supplier (as the case may be).
It is your responsibility to provide accurate and timely information including your delivery address and contact details. Hampr will not be held responsible for any loss or damage caused by incomplete or incorrect information supplied.
You may cancel an Order before the order delivery date, subject to the following minimum notice periods which are determine by reference to the price of the Order:

up to $1,000 incl. GST - up to 48 hours before the event;
up to $2,000 incl. GST - up to 5 days before the event;
up to $10,000 incl. GST - up to 3 weeks before the event;
over $10,000 incl. GST - up to 8 weeks before the event or on individual agreement.

Orders cancelled outside the above times may incur charges, these will be based on expenses incurred by Hampr or the Supplier because of the late cancellation.
Once the Order is delivered, We will send you an Invoice. This Invoice will reflect any prepayments received in respect of the Order. This Invoice will specify payment terms or where it is silent as to payment terms, they will be within 8 days of the date of the Invoice (Payment Terms).
If payment is not made in accordance with the Payment Terms, We reserve the right to charge Default Interest on any outstanding amounts.
It is your responsibility to report any issues or errors relating to an Order within 72 hours of delivery. Failure to report issues and errors within this time will be considered as an acknowledgment of a complete and error-free Order.
If there is a dispute, Hampr will investigate and determine whether you are eligible for a full or partial refund, replacement item or other compensation. Hampr will endeavour to facilitate a timely resolution of all disputes with a Supplier.
For the avoidance of doubt, clauses 5.12 and 5.13 are not intended to exclude or limit any rights or protections you have at law that cannot be excluded or limited, including but not limited to under the ACL.

Alcohol

Under the Liquor Control Reform Act 1998 it is an offence to supply alcohol to a person under the age of 18 years or for a person under the age of 18 years to purchase or receive liquor.
Some Suppliers on the Website may provide alcohol or Menu Items containing alcohol. These may only be sold to persons who are 18 years of age or older. By ordering alcohol, you:

warrant to Us that you are 18 years of age or older;
warrant to Us that you will not supply alcohol to any person under the age of 18 or allow an underage person to consume them; and
agree to provide a valid photo ID on delivery of the Order to prove as such or, if you will not be the person who accepts delivery of the Order, will procure that the person who accepts delivery will meet and comply with the requirements under this clause.

Accuracy of the Website

While We use all reasonable attempts to ensure the accuracy and completeness of the information on the Website, to the extent permitted by law, we make no warranties regarding the accuracy or completeness of information on the Website.
We make no warranties as to or the availability of the Website at any time, or that access will be uninterrupted or error-free.
We may, from time to time and without notice, change or add to the Website.

Security

We use best endeavours to maintain the security of the Website, We do not however, guarantee the security of the Website.
You must take your own precautions to ensure that your use of our Website is free of computer viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
To the maximum extent permitted by law, We disclaim all liability for any computer virus or technological problems that you encounter in connection with your use of the Website or for any Loss suffered by you due to any data breach or compromise or misuse of your data that is provided to Us in connection with the Website (including any information connected to your Account).

Third Parties

Our Website may contain links to websites operated by third parties (Linked Website). Unless expressly stated otherwise, We do not endorse and are not responsible for the content on any Linked Website.
It is your responsibility to read and ensure that you have understood any terms and conditions of use that may apply to a Linked Websites. You acknowledge and agree that Hampr has no control over any Linked Website.

Intellectual Property Rights & Data

You acknowledge that We own or hold a license to all Intellectual Property Rights subsisting in, displayed on or otherwise arising in connection with the Website including but not limited to all software, source code, text, graphics, logos, audio and other data or materials (Content).
You acknowledge and agree that:

All Content remains owned by Us (or by the respective owner who We hold a license from); and
the Terms do not grant or transfer to you any rights, title or interest to you in relation to any Content;

You must not and must not attempt to:

use the Website or any other Intellectual Property Rights of Hampr, except as expressly permitted by this agreement or otherwise authorised by Hampr in writing;
copy, decompile, disassemble or reverse engineer the Website or any other Intellectual Property Rights of Hampr;
attempt to discover the source code or object code or underlying structures, ideas, know how or algorithms in relation to the Website or any other Intellectual Property Rights of Hampr;
create derivative works of any materials published, displayed or otherwise contained on the Website or in any other Intellectual Property Rights of Hampr; or
breach any Intellectual Property Rights of Hampr.

You agree to indemnify and hold Us harmless against any loss or damage which We incur that arises as a result of or in connection (directly or indirectly) any breach of your obligations under this clause.
You grant Us a non-exclusive, royalty-free, worldwide, irrevocable licence to use and incorporate into the Website any general suggestions, enhancement proposals, recommendations or other feedback provided by you in respect of the Website.
You grant Us a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to retain, copy and use any data uploaded by you to the Website (User Data) for the purpose of conducting:

internal research and product development;
statistical analysis and identifying trends and insights; and
any other business purpose as determined by Us from time to time, (any outcomes of which are Analytical Data).

You have the sole responsibility for determining the appropriateness, legality and right for Us to use any User Data, and hereby represent and warrant to Us that you hold and will continue to hold all rights and consents necessary to allow Us to use, store and process all User Data (including any Personal Information) uploaded by you to the Website.
If, at any time, you provide Personal Information or other information about someone other than yourself, you warrant that you have that person's consent to provide such information for the purpose specified.

Unacceptable activity

You acknowledge and agree that by accessing the Website, you will only use the Website for the Website's intended purpose and you will not use it for any purpose that is unlawful or prohibited by the Terms.
Your use of the Website must not:

be false, misleading or inaccurate;
be deceptive or fraudulent;
engage in any act that would constitute a breach of either the privacy (including uploading private or Personal Information without an individual's consent) or any other of the legal rights of individuals;
create liability for Us or cause Us to lose (in whole or in part) the services or custom of Our internet service provider, a Supplier or any other user or prospective user of the Website;
damage Our credibility or reputation; and
use the Website to defame or libel Us, Our employees or other individuals;
upload files that contain viruses that may cause damage to Our property or the property of other individuals;
copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by the Terms
post or transmit to the Website any non-authorised material including, but not limited to, material that is defamatory, racist, obscene, threatening, pornographic or which is otherwise distasteful, likely to cause offence or is in violation of Our systems or a third party's systems or Our security protocols.

In using the Website, you must not act in a way which may compromise the security or integrity of the Website, including but not limited to any attempt to breach Our security protocols or obtain data stored on the Website.
We have the right to take down any information uploaded by you to the Website at Our sole discretion and without notice.

Right of Suspension

We reserve the right (in Our absolute discretion) to restrict, suspend or terminate your access to the Website and your Account and to prevent you from placing Orders at any time without notice.
You acknowledge and agree that We are not responsible for any loss, cost, damage or liability that you may suffer or incur as a result of or otherwise in connection with any suspension by Us under clause 12.1.

Liability

You use the Website at your own risk.
To the extent permitted by law, We make no representation and give no warranty or guarantee as to the suitability, accuracy, quality, performance or fitness for purpose of the Website and any implied warranties and conditions are hereby excluded. You acknowledge and agree that all such warranties and conditions are excluded.
To the extent permitted by law, We exclude all liability of any kind, however arising, for any direct, indirect, special or consequential losses, or expenses suffered by you or any third party incurred by you connected with your use of the Website in any way, however caused, including but not limited to loss of profit, loss of reputation or loss that you my experience as a result of submitting information to Us or Our use of your information and for any defects or errors, inaccuracies or omissions on the Website.
You hereby release Us and Our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to or arising out of Our provision of the Website.
The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise and applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or your use of the Website.
To the extent that Our liability for breach of any implied warranty or condition cannot be excluded by law, Our liability will be limited, at Our sole option, to the cost of re-supply of the relevant services, or the amount paid by you to Us in the month prior to the liability arising.
You agree that you will not hold Hampr responsible for any damage caused directly or indirectly by transactions which originated through Hampr. Hampr makes no representations or warranties in relation to Suppliers.
You will at all times indemnify Hampr and its officers, employees and agents from any loss or liability incurred or suffered which was caused by:

a breach by you of your obligations under this agreement; or
any wilful, unlawful or negligent act or omission by you.

Nothing in the Terms is to be interpreted as excluding, restricting, or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the use of the Website which cannot be excluded, restricted or modified.

Force Majeure

Hampr will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control, including but not limited to

acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; or
strikes.

Personal Property Securities Register

In this clause, unless the context requires otherwise, words that are defined in the Personal Property Securities Act 2009 (Cth) (PPSA) have the same meaning as given in the PPSA.
By submitting an Order, you grant Us the right to register a security interest on the Personal Property Securities Register over all personal and after-acquired property of you (or of the person on behalf of whom you submit the Order) in accordance with the PPSA to secure payment of any Invoice in connection with that Order.
If you submit an Order on behalf of another person, you warrant to Us that you hold all necessary authorisations, consents or approvals to grant Us the security interest under clause 15.2.
To the extent permitted by the PPSA, you agree that We are not required to give any notice that would ordinarily be required under the PPSA, and consents to the waiver of your right to receive notice under each of sections 95, 118, 121(4), 130 and 157 of the PPSA.
Subject to Us receiving payment in clear funds of all amounts payable with respect to all Invoices connected to the relevant Order (including any default interest), We will release and discharge the security interest granted by you under clause 15.2 on receipt of a written request from you. All such requests should be sent to info@hampr.com.au.

Notices

You can direct any notices, enquiries or complaints (including in relation to any Orders or your Account) to Hampr at info@hampr.com.au.

General

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and will not in any way affect any other circumstances of or the validity or enforcement of this agreement.
Failure by Us to enforce any of the Terms should not be construed as a waiver of any of Our rights here under or a waiver of a continuing breach.
Where you instruct Hampr to place Orders or otherwise access the Website on your behalf, you acknowledge and agree that you are bound by these Terms and that Hampr does so as your agent and that you are liable for all conduct as if it was your own.
Your use of the Website and the Terms are governed by the law of New South Wales. You submit to the exclusive jurisdiction of the courts of that jurisdiction in connection with all matters concerning these Terms, your use of the Website and any Orders placed by you. You may not object to the jurisdiction of any of those courts on grounds that it is an inconvenient forum or that it does not have jurisdiction.
By using the Website, you agree to be bound by Google's Terms of Service.

Definitions & Interpretation

In these Terms, unless the context requires otherwise:
Account means a customer account setup on the Website.
ACL means the Australian Consumer Law found in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
Default Interest means the amount prescribed from time to time under the Penalty Interest Rates Act 1983 (Vic) plus 3%.
GST has the same meaning as given in the GST Law.
GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any formula, recipe, copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
Invoice means a complying tax invoice provided by Hampr in relation to an Order.
Operational Information, in relation to a Supplier, means any information or requirements of that Supplier, including but not limited to in relation to any minimum notice periods, minimum order values, service times, delivery zones, that the Supplier requires to be met or otherwise complied with in order to fulfill an Order.
Menu Item means a Supplier's good which is made available to you through the Website.
Order means an order you place through the Website for a Menu Item.
Personal Information has the meaning given in the Privacy Act 1988 Cth.
Supplier means a supplier business offering Menu Items.
In these Terms, unless the context requires otherwise:

words importing any gender include every gender;
words importing the singular number include the plural number and vice versa;
words importing persons include firms, companies and corporations and vice versa;
references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this agreement;
reference in any schedule to this agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
the headings to the clauses and schedules of this agreement do not affect the interpretation;
any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or by-law made under that enactment; and
the word "including" (and related forms including "includes") means "including without limitation".