Terms & Conditions

A Binding Legal Agreement

1. These Terms form a binding legal agreement between you, (our customer), and Fitted Box in respect of your use of the Platform and your purchase of Products from Fitted Box (Products). An Order refers to an order made by using functionality of the Platform, for the purchase and delivery of Products.
2. Your use of this Platform indicates your acceptance of these Terms and any other applicable policy. If you do not agree to the Terms, please do not use this Platform.
3. To the extent that any inconsistency arises between these Terms and a separate policy published on our Platform, these Terms will apply.
4. These Terms take precedence over and wholly replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an Order.
5. Fitted Box reserves the right to make changes to the Platform and these Terms and the Products at any time.
6. All dates and times referred to on our Platform or in any communication with you are references to AEST or AEDST as applicable, and all prices or other amounts are in Australian Dollars, inclusive of GST unless otherwise specified.

1. 1. a. Our Platform provides information about Fitted Box and the goods and services offered by us. It also functions as an interactive ecommerce platform where you can register your personal information to open an account and order and purchase Products which will be supplied by us.
   2. b. We grant you a non-exclusive, non-transferable, royalty-free licence to use the Platform in accordance with its intended functionality and subject to these Terms.
   3. c. You must not add any content to the Platform:
      1. unless you hold all necessary rights, licences and consents to do so;
      2. ii. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
      3. 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;
      4. that would bring us, or the website, into disrepute; or
      5. that infringes the intellectual property or other rights of any person.
   4. The Platform may contain links to other websites including social media sites where there is content which has been created by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked Platform.
   5. You acknowledge and agree that:
      1. we retain complete editorial control over the website and may alter, amend or cease the operation of the website at any time in our sole discretion; and
   6. the Platform will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

1. 1. By opening an account and registering your personal details on our Platform, you will be able to place an Order for Products through our Platform.
   2. In order to use the Platform, you must provide us with certain information about yourself. We will handle and store this information in accordance with our Privacy Policy (www.fittedbox.com.au/privacy-policy.html) and clause 18 of these Terms.
   3. You must:
      1. not use a false email address, impersonate others, or misrepresent your affiliation with others;
      2. not attempt to gain unauthorised access to computer systems or content through the Platform;not attempt to gain unauthorised access to computer systems or content through the Platform;
      3. not share login credentials (name and/or password) for your account on the Platform with any person;
      4. promptly notify Fitted Box in writing if you become aware of any unauthorised access to or use of your account by any person.
   4. As Fitted Box is an online food ordering service our primary means of communication with you will be via the email address and/or the mobile phone number listed on your Fitted Box account. Fitted Box will not be held responsible for any missed communication due to your contact details being incorrect. If you have more than one email address, please check all email accounts before contacting Fitted Box.
   5. As Fitted Box is an online food ordering service our primary means of communication with you will be via the email address and/or the mobile phone number listed on your Fitted Box account. Fitted Box will not be held responsible for any missed communication due to your contact details being incorrect. If you have more than one email address, please check all email accounts before contacting Fitted Box.

1. 1. The responsibilities in this clause apply when you are placing an Order, unless otherwise stated. You must comply with the policies and procedures we publish on our Platform. You must comply with the policies and procedures set out in these Terms and or as published on our Platform from time to time.
   2. You must ensure that a Product which is ordered by you complies with any allergy or dietary requirements which are applicable to you or the person who will consume the Product. It is your responsibility to determine whether Products are safe and appropriate for consumption by you.
   3. You must comply with all Applicable Laws when using the Platform and purchasing Products.
   4. You must:
      1. you are legally capable of entering into this binding contract with us when you use the Platform and when you place an Order; and
      2. all information provided to us when you registered and during the time you remain registered as a customer or using the Platform is true, accurate, current and complete.
   5. You must not, in relation to your use of the Platform:
      1. interrupt or attempt to negatively impact or alter the operation of the Platform in any way;
      2. engage in any other practices which may adversely affect the credibility or reputation of the Platform and/or us;
      3. use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
      4. reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;
      5. licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party;
      6. except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform; or
      7. engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.
   6. If we believe that you have not complied with these Terms or any other agreement with Fitted Box at any time, we may immediately cancel any Order and/or terminate or suspend your access to your account. You agree that we may do so without prior notice to you and without liability to you or anyone else.
   7. If we believe that you have not complied with these Terms or any other agreement with Fitted Box at any time, we may immediately cancel any Order and/or terminate or suspend your access to your account. You agree that we may do so without prior notice to you and without liability to you or anyone else.

2. 4. Intellectual property rights

3. 1. 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 Platform.
   2. Images and text appearing on the Platform are protected by copyright and trade mark laws. Unauthorised copying or re-distribution of any materials on the Platform is not permitted. Fitted Box Pty Ltd, its affiliates and their respective licensors reserve all of their intellectual property rights throughout the world.

4. 5. Our Liability to You

5. 1. To the fullest extent permitted by law, we exclude all liability, in contract or tort (including negligence), arising in connection with our Platform, Products, or services or these Terms, including any liability in respect of interruption of business, viruses and other harmful components within the Platform or content, loss of data or any indirect, special, punitive, consequential, incidental or similar damages arising from your use of this Platform or its content or services, or from the purchase or supply of any Products.
   2. 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.
   3. These Terms may be subject to legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations (such as the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010)). If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
      1. in the case of Products:
         1. the replacement of the Products or the supply of equivalent Products;
         2. the repair of the Products;
         3. the payment of the cost of replacing the Products or of acquiring equivalent Products; or
         4. the payment of having the Products repaired; and
      2. 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.
   4. In respect of any liability which cannot be excluded in accordance with the above provisions, then we limit such liability, where lawful, to payment in the amount of $10 or the minimum amount permissible by law (if greater than $10).