General Terms and Conditions

  1. Introduction

  2. This Website is owned by Hampr Pty Ltd (ACN 613 944 817) (Hampr). By accessing or using this Website, related services and our platform, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://hampr.com.au/privacy) (Terms). You should review our Terms including our Privacy Policy carefully and immediately cease using our Website if you do not agree to these Terms.

    In these Terms, 'us', 'we' and 'our' means Hampr.

  3. About Hampr

    1. Hampr is a marketplace to connect vendors with business customers looking to Order food, beverages, kitchen supplies, event-related services, and services related to gifting and team culture.

    2. Hampr signs up individual Vendors and negotiates items to list on the Website.

    3. The Vendors will arrange for fulfilment of the Order for the Customer.

    4. Hampr provides software tools to both Customers and Vendors that can be used to support Order purchasing and management.

    5. By using this service, you agree to be bound by these Terms.

  4. Definitions

    1. ACL

      Means Australian Consumer Law.

    2. Customer

      Means customers who order food through the Website.

    3. Item

      Means any item or offer on our Website which is available to purchase.

    4. Vendor

      Means vendor businesses who have items/offers menu listed on the Website.

    5. Orders

      Means an order placed by a Customer through the Website for one or more Items from a Vendor.

    6. Website

      Means the Hampr Website located at https://hampr.com.au

  5. Registration

    1. You may need to be a registered user to access certain parts of our Website.

    2. When you register and activate your account, we may require personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy

    3. When you register and activate your account you are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

    4. To create an account, you must:

      1. be over the age of 18;

      2. possess the legal right and ability to enter into a legally binding agreement with us; and

      3. agree and warrant to use the Website in accordance with these Terms.

  6. Personal Information Collection Notice

    1. We may collect personal information about you in order to process your registration and for purposes otherwise set out in our Privacy Policy.

    2. We may disclose that information to third parties that help us deliver our services (including information technology companies, couriers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.

    3. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@hampr.com.au.

    4. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

  7. Accuracy, completeness and timeliness of information

    1. The information on our Website is general in nature and should not be relied upon.

    2. The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

    3. We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

    4. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

  8. Linked website

    1. Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

  9. Intellectual property rights

    1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

    2. Your use of this Website, platform and content does not grant or transfer any rights, title or interest to you in relation to this Website, platform or Content. However, we do grant you a licence to access the Website, platform and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

    3. Any reproduction or redistribution of this Website, platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

  10. Unacceptable activity

    1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

      1. 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;

      2. using this Website to defame or libel us, our employees or other individuals;

      3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;

      4. posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or a third party's systems or network security.

      If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

  11. Warranties and disclaimers

    1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

    2. We reserve the right to restrict, suspend or terminate without notice your access to this Website, the platform or any Content, or restrict you from ordering Items through the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

  12. Liability

    1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website, platform and/or the information or materials contained on it, or as a result of the inaccessibility of this Website, platform, or supply of Orders or Items from the Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

    2. Hampr makes no warranty about the Quality of the Vendors or Items listed on the Website.

  13. Items

    1. Hampr will list Items from Vendors on the Website.

      1. Whether the price of an item displayed is shown inclusive or exclusive of GST will be dependent on the settings configured during account registration. Prices are shown exclusive of GST if viewing items without a registered account.

      2. We will endeavour to ensure that Items ordered can be supplied by our Vendors but you agree that from time to time our Vendors may not be able to fulfil the order.

  14. Orders

    1. Your Order will be confirmed via email that it has been accepted by our Vendor.

    2. If a Vendor cannot fulfil an Order, we will contact you and try to source a replacement meal of equal or greater value.

    3. Hampr does not take responsibility for any meals prepared by our Vendors. Hampr only acts as a platform to connect you with our Vendors and does not endorse, take responsibility for or guarantee the quality, timeliness or availability of Items from our Vendors.

    4. 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 by the customer.

    5. Payment can be made via credit card, PayPal or other merchant services as listed at checkout. Hampr collects the money from the Customer and then passes it on to the Vendor less any fees and other expenses. Our Vendors authorise us to collect payments on their behalf.

    6. Free cancellations are available for Customers before the order delivery date, depending on the order value according to the following stipulations:

      1. up to $1,000 incl. GST - up to 48 hours before the event;

      2. up to $2,000 incl. GST - up to 5 days before the event;

      3. up to $10,000 incl. GST - up to 3 weeks before the event;

      4. over $10,000 incl. GST - up to 8 weeks before the event or on individual agreement.

    7. Orders cancelled after the above times may incur charges based on expenses incurred by Hampr or the supplier. Hampr will do it's best to minimise these charges for customers.

    8. Disputed incidents between a Customer and Vendor(s) will require an investigation to determine Order refund availability.

    9. It is the Customer's responsibility to report any issues or errors relating to Orders placed through Hampr within 72 hours from the expected delivery time. Failure to report issues and errors within the specified time frame will be considered as an acknowledgment of a complete and error-free Order. Acknowledgement of a complete and error-free Order binds the customer to pay in full the entire Order value to Hampr.

  15. Your relationship with Hampr

    1. Hampr acts as a platform to connect you with our Vendors.

    2. The parties acknowledge and agree that Hampr is not a party to any dealings, transactions or Orders between Customers and Vendors.

    3. 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 Vendors.

    4. Customers will at all times indemnify Hampr and its officers, employees and agents from any loss or liability incurred or suffered which was caused by:

      1. a breach by that Customer of its obligations under this agreement; or

      2. any wilful, unlawful or negligent act or omission of that Customer.

    5. Vendors will at all times indemnify Hampr and its officers, employees and agents from any loss or liability incurred or suffered which was caused by:

      1. a breach by that Vendor of its obligations under this agreement;

      2. any wilful, unlawful or negligent act or omission of that Vendor; or

      3. any goods or services that are supplied to a Customer by that Vendor.

  16. Alcohol

  17. Some of the Vendors on the Website may serve alcohol or Items containing alcohol. Alcohol can only be sold to persons who are 18 years of age or older. By ordering alcohol you confirm that you are 18 years of age or older and that you will provide a valid photo ID on delivery to prove as such. Any persons who cannot provide valid ID or verification of age will be refused service.

    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.

  18. Force Majeure

  19. 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

    1. acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;

    2. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and

    3. strikes

  20. Labour Compliance

    1. Hampr abides by all government labour compliance codes and policies, including but not limited to those relating to:

      1. Fair Work Act 2009

      2. Modern Slavery Act 2018

      3. Corporations Act 2001

    2. In particular, Hampr will in no way condone, support or contribute, either directly or indirectly, to Modern Slavery. In line with the Modern Slavery Act 2018 (Cth) and the Modern Slavery Act 2018 (NSW) (the Acts), Hampr is committed to assist with the eradication of Modern Slavery by implementing internal policies and managing the risk with suppliers so as not engage in Modern Slavery.

  21. Jurisdiction and governing law

    1. Your use of the Website and these Terms are governed by the law of New South Wales (NSW) and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in NSW.

  22. Google

    1. By using this Website, you agree to be bound by Google's Terms of Service.