Bring Me Home Pty Ltd Privacy Policy

Bring Me Home Pty Ltd (“we”, “us” or “our”) is committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, process, store, share and disclose your personal information.

1 Openness and transparency

We are committed to protecting your privacy and respecting and upholding your rights under and the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) and the General Data Protection Regulation (EU 2016/679) (the GDPR) (collectively, Privacy Laws). We ensure that we will take all necessary and reasonable steps to comply with the relevant Privacy Laws and to deal with inquiries or complaints from individuals about compliance with the relevant Privacy Laws.

By accessing and using our website, products and services, you freely and expressly consent to the collection, use, processing, storage and disclosure of personal information by us as set out in this Privacy Policy.

2 Personal information

Personal information is any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.The type of personal information we collect from you includes, without limitation, the following:
• your full name;
• address;
• email address;
• telephone number(s);
• date of birth;
• gender;
• credit card information;
• your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
• details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
• any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
• information you provide to us through customer surveys;
• information you provide to us for the purposes of entering competitions;
• billing information (including credit and bank details); or
• any other personal information that may be required in order to facilitate your dealings with us.

3 Collection

We will collect Personal Information only by lawful and fair means and not in an unreasonably intrusive way. Generally, we will collect personal information directly from you, and only to the extent necessary to provide our products and services requested or ordered by you and to carry out our administrative functions or as required by a relevant Privacy Law. We will not collect sensitive personal information (as defined under the relevant Privacy Laws) from you. We also do not knowingly seek or collect Personal Information from children below the age of 16 years.

We may also collect Personal Information from you when you fill in an application form, communicate with us, visit our website, provide us with feedback, complete online surveys or participate in competitions. We may collect Personal Information about you that you have provided to our business partners or from third parties and in respect of which you have given the third party permission to share with us.

If you use a pseudonym when dealing with us or you do not provide identifiable information to us, we may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our website do not sign into it or provide any information that might identify you.

We require individuals to provide accurate, up-to-date and complete Personal Information at the time it is collected.

4 What is our legal basis?

Under the GDPR, we must have a legal basis to process Personal Information collected from individuals residing in the European Union. We rely on several legal bases to process your Personal Information, including:
• where it is necessary to provide you with access to, and use of, products, services and websites;
• for our legitimate interests to provide, operate and improve our products, services or website;
• where you have freely and expressly consented to the processing of your Personal Information by us, which you may withdraw at any time; or
• where we are under a legal obligation to process your Personal Information.

5 What do we do with your Personal Information?

We use, process and disclose your Personal Information for the purposes for which the information is collected, or for a directly related purpose, including (but not limited to):
• providing our website, products and services to you;
• administering, protecting, improving or optimising our website, products and services (including performing data analytics, conducting research and for advertising and marketing purposes);
• billing you for purchasing or using our website, products and services;
• informing you about our website, products, services, rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
• responding to any inquiries or comments that you submit to us;
• verifying your identity;
• any other purpose you have consented to; and
• any use which is required or authorised by a relevant Privacy Law.

6 Disclosure of Personal Information

We may disclose your Personal Information to: 
• third-parties we ordinarily engage from time to time to perform functions on our behalf for the above purposes;
• any person or entity to whom you have expressly consented to us disclosing your Personal Information to;
• our external business advisors, auditors, lawyers, insurers and financiers; and
• any person or entity to whom we are required or authorised to disclose your PersonalInformation to in accordance with the relevant Privacy Laws.

7 Access and management

Subject to some exceptions provided by the relevant Privacy Laws, you may request access to your Personal Information in our customer account database, or seek correction of it, by contacting us. See section 13: Contact information. Should we decline you access to your Personal Information, we will provide a written explanation setting out our reasons for doing so.

We may charge a reasonable fee that is not excessive to cover the charges of retrieving your Personal Information from our customer account database. We will not charge you for making the request.
If you believe that we hold Personal Information about you that is not accurate, complete or up-to-date then you may request that your Personal Information be amended. We will respond to your request to correct your Personal Information within a reasonable timeframe and you will not be charged a fee for correcting your Personal Information.

If we no longer need your Personal Information for any of the purposes set out in this Privacy Policy, or as otherwise required by the relevant Privacy Laws, we will take such steps as are reasonable in the circumstances to destroy your Personal Information or to de-identify it.

8 Direct marketing

Where we:
• have your express consent (which you may withdraw at any time by contacting us);
• have a legal basis; or
• are otherwise permitted by relevant Privacy Laws,

we may use and process your Personal Information to send you information about products and services we believe are suited to you and your interests or we may invite you to attend special events.

At any time you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your Personal Information as detailed above, will continue. You can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us in writing at hello@bringmehome.com.au.

9 Cross-border disclosure

We may disclose your Personal Information to third party recipients located in or outside of the European Union and Australia in order to provide our website, products and services to you. As at the date of this Privacy Policy, such third party recipients are located in the United States (Recipients).

When entering into a transaction with us you expressly and freely consent to your Personal Information being disclosed or transferred to such Recipients. We will take steps reasonably necessary to ensure your Personal Information is treated securely and in accordance with this Privacy Policy. We use reasonable endeavours to ensure that each Recipient receiving your Personal Information is bound by the relevant Privacy Laws (including the Standard Contractual Clauses approved by the European Commission). The standard contractual clauses are available on the internet at the address http://ec.europa.eu/justice/data- protection/international-transfers/transfer/index_en.htm).

10 Bring Me Home website

When transmitting Personal Information from your computer to the Bring Me Home website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, we will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.

The Bring Me Home website may use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but if you do so, you may not be able to fully experience the interactive features of the Bring Me Home website.

11 Security

We may hold your Personal Information in either electronic or hard copy. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information.However, we cannot guarantee the security of any Personal Information transmitted over the internet and therefore you disclose information to us at your own risk. We will not be liable for any unauthorised access, modification or disclosure, or misuse of your Personal Information.

12 Enhanced privacy rights (European Union only)

Under the GDPR, an individual residing in the European Union has enhanced privacy rights, including the right to:
• require us to correct any Personal Information held about you that is inaccurate or incomplete;
• require the deletion of Personal Information concerning you in certain situations;
• data portability for Personal Information you provide to us;
• object or withdraw your consent at any time to the processing of your PersonalInformation;
• object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you; or
• otherwise restrict our processing of your Personal Information in certain circumstances.

13 Contact information

If you require further information regarding our Privacy Policy or wish to make a privacy complaint, please contact us at info@bringmehome.com.au or send mail to Bring Me Home Pty Ltd, 111 Swan Street, Richmond, Victoria, 3121.

14 Miscellaneous

We reserve the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Privacy Policy on the Bring Me Home website.

Dated: 6 July 2018

Bring Me Home Lister Terms of Service

About Us

Bring Me Home provides an online marketplace to reduce food waste by allowing food business owners to list and sell discounted food, and users to purchase and pick up such discounted food.

Agreement
1. About these Terms


1.1  You should read these Terms carefully. They apply to your use of the Services and the Website.

1.2  In these Terms, “Bring Me Home”, “we”, “us” or “our” means Bring Me Home Pty Ltd (ACN 626 705 226) and includes its directors, employees and agents. “Lister”, "you" or "your" means the person, company, association or organisation who accepts these Terms. Additional definitions are set out in clause 18.

1.3  By registering with Bring Me Home or listing goods or services on the Marketplace, you indicate your acceptance of these Terms (including any associated Charges). By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Services. If you do not agree to these Terms you should immediately cease accessing the Website and using the Services.

1.4  We reserve all rights to alter these Terms at our discretion. Each time you use the Website or Services, it is your responsibility to be aware of our current terms. Your continued use of the Website and/or Services following the posting of changes to these Terms will be deemed your acceptance of those changes.

1.5  These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website and Services or until terminated in accordance with clause 8.

2. Overview of Services

2.1 The Marketplace provides an easy and convenient way for Listers to offerdiscounted food for sale, which can then be purchased by Purchasers to reduce food waste. We do not supply or sell goods and/or services on, or via, the Website. Additionally, we do not physically handle any goods and/or Services displayed on the Website.

2.2 As a lister, you will have:

(a)  the obligation to provide to Bring Me Home your:

i. Australian Business Number;

ii. Banking Details; and

iii. A representative contact number who should be available during regular business hours, 9am – 5pm, Monday – Sunday, including any and all public holidays,
and

(b)  the ability to create a business profile to be displayed on the Marketplace which includes, but is not limited to:

I. a profile summary, including but not limited to the business address and contract details;

II. a display of up to 1 image relating to the Lister’s business;

III. your contact details, including a contact phone number and website URL; and

IV. a description of the goods and/or services that the Lister is able to offer to Users.

(c)  the ability to create personalised promotions in relation to goods and/or services you are able to offer to Users, including discounts, specials and sales. For example, a Lister may detail what food it wishes to sell, any associated discount, and whether food is to be packaged with other food items or separately;

(d)  the opportunity to access performance data in relation to your business which was created, or has come into existence, as a result of your use of the Website such as sales statistics, including revenue generated.

(e)  the ability to contact Bring Me Home support directly; and

(f)  the ability to contact Users directly, in order to make further inquiries or updates.

2.3 For the avoidance of doubt, all purchases and/or payments made pursuant to any agreement which utilises the Services is between you and the end User to the exclusion of Bring Me Home.

3. Using the Services

3.1  Any information we provide to Listers is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by us or any third party, including any User or other Lister. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information which we receive from you or third parties.

3.2  You agree that you will bear the sole responsibility for any activity that occurs on your account. You must keep your account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.

3.3  The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.

3.4  You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.

3.5  You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you submit your enquiries to business@bringmehome.com.au.

3.6  We may, at our absolute discretion, terminate, suspend or delete your Bring Me Home account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing all or parts of the Services, your account details or other content contained in your account. We will not be liable to you for doing so.

3.7  If you fail to comply with these Terms (including a failure to pay any Charges on time), we may, at our absolute discretion and without liability:

(a)  immediately, temporarily or permanently withdraw your right to access and use the Services and the Website (including deletion of your account);

(b)  immediately temporarily or permanently remove goods and/or services listed by you for sale on the Marketplace;

(c)  take any other legal action against you; or

(d)  refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.

4. Registration

4.1  To access the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.

4.2  You must be at least 18-years-old to register with us to use the Services and Website. By submitting Registration Data to us, you acknowledge that you meet this age requirement. We reserve the right to take legal action and seek compensation from a parent or guardian of a person under the age of 18 for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by that person.

4.3  We reserve the right to decline your registration request if you do not pass our verification process.

4.4  You warrant that persons providing the Registration Data to us have therelevant authority to provide such information and to enter contracts on behalf of the Lister seeking registration with us, and that the business has the capacity to offer the goods and/or services listed by the Lister on the Marketplace.

4.5  If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.

4.6  If you provide us with Registration Data, you consent to the following:

(a)  you may receive emails from us confirming the details of your registration and any subscriptions to the Services made through your account, providing you with necessary information relating to your access and use of the Services and any subscriptions to the Services made through your account; and

(b)  from time to time, we may email you regarding our Services or third- party products and services which we believe may be of interest to you, such as new products, services, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

4.7  You allow us to refer to you in any publicity we engage in after we have provided you with the Services or, with your permission, during our provision to you of the Services.

4.8  You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.

5. How much do we charge for the Services?

5.1 You agree that immediately upon registration in accordance with clause 4, we will charge a 15% fee on each transaction that you enter into with a User, as set out on the Website or as notified by us from time to time (“Commission”).

5.2  The Commission is deducted from the total amount paid by the User excluding any taxes or donations made by the User at the time of purchase. The Commission includes the 2.5% + $0.05 credit card processing fee (“Payment Fee”) that applies to each transaction.

5.3  The Commission and the Payment Fee collectively represent the “Charges”. The Charges are exclusive of GST unless otherwise specified.

5.4  You are entitled to the remaining 85% of the transaction amount once the Charges and donations have been deducted (“Lister Fee”).

6. How do you get paid?

6.1  We use Stripe Payment Processing Services to process payments via the Website. We collect the Charges when we receive final payment from the relevant end User. Provided that you have supplied us with valid bank account details in your name, we will pay you all applicable Lister Fees in Australian Dollars via electronic funds transfer on a fortnightly basis.

6.2  We are entitled to accrue all applicable Lister Fees and withhold payment until payment is due under clause 6.1.

6.3  If payment by a User for a transaction via the Website is rejected or does not settle, you will not be entitled to a Lister Fee on that transaction.

6.4  If we receive a complaint from a User about goods and/or services purchased from you:

(a)  we are entitled to withhold the applicable Lister Fee for that purchase and refund it to the User at our sole discretion; or

(b)  if the applicable Lister Fee has already been paid to you, we may require you to immediately refund the Lister Fee as directed by us.

6.5  You indemnify us for any loss, liability or cost that we directly or indirectly suffer in relation to any tax laws or rulings as a result of, or in connection with your use of the Website, the Services or your obligations under these Terms.

7. What are your obligations?

7.1  You must at all times comply with your obligations under these Terms and fulfil your obligations in a timely manner.

7.2  Your obligations include, but are not limited to, the following:

(a) Creation and Maintenance of Profile

You bear sole responsibility for creating a profile to be displayed via the Website with high-resolution photos, a brief profile summary and any additional relevant information. Your profile must be reflective of the actual goods and/or services offered by you, be kept up-to-date at all times and must not be misleading or deceptive. You must ensure that content uploaded to your profile does not infringe any Intellectual Property Rights.

(b)  Defamatory Content

You must not upload any content to the Website that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to amend or remove any content uploaded to the Website without the uploader’s consent and without notice to the uploader (including for the purposes of attempting to avoid the upload of content prohibited by this clause 7.2).

(c)  Viruses and Hacking
You must not misuse any part of the Website by introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not engage in any activity that interferes with or disrupts the Services or the servers and networks which host the Services and you must not attempt to circumvent, disable or otherwise interfere with any security- related features of the Services or any features which prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website.

(d)  Interactions with Users

You must not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap. Any complaints regarding abuse or derogatory behaviour on the part of any Lister may see such Lister(s) removed from the Website, result in the termination or suspension of their account and/or lead to restricted access to the Services, at our absolute discretion.

(e) Safe Preparation
You must ensure that all goods and/or services that you sell via the Website are of merchantable quality, including (but not limited to) that each good listed on the Website must be safe for human consumption and all applicable disclosures regarding allergen information are made.

(f) Product Price and Offering

You may set the price for goods and/or services that you sell via the Website at your discretion, provided that it meets Bring Me Home’s minimum discount offer notified by us via the Website from time to time. The quantity of food provided as part of any offering listed by you via the Website must be reasonable.

(g) Willing and Able

At the time that you list any goods and/or services via the Website, you must be willing and able to provide such goods and/or services to Users. All prices listed on the Marketplace should be in Australian Dollars and exclude goods and services tax (GST), unless otherwise specified. You are expected to respond to Users’ requests within 6 hours when requests are made during your business opening hours.


7.3  You acknowledge and agree that, in order for us to be able to provide the Services to you without interruption you will, at your cost, at all times:

(a)  co-operate with and reasonably assist us to provide the Services;

(b)  promptly provide us with full and accurate information, data and explanations with regard to any dispute, complaint, issue or otherwise that may arise, as and when required; and

(c)  inform us of any abusive or allegedly abusive behaviour from any User or Lister on the Website.

7.4  You must procure all necessary consents or authorisations from any third parties which may be required from time to time in order for us to be able to provide the Services to you.

7.5  If we are delayed, obliged to spend additional time or incur additional expenses in order to provide you with the Services or otherwise perform any of our obligations under these Terms by reason of your act, omission, failure to provide information (in a timely manner or at all) or your instructions, you shall compensate us by reimbursing us for any additional reasonable costs and expenses incurred by us or on our behalf. In this situation, any agreed delivery or action times specified or implied by us regarding any of our obligations to you shall be extended accordingly.

7.6  It is your obligation to ensure that any written communication we send to you correctly reflects your details. If any changes occur to your details, you must give us written notice of these changes so that we may update your details (which change will be made within a reasonable period of time).

7.7  Any goods and/or services listed on, or via, the Website is an acknowledgement by you that you meet the specified age requirement to transact with the User, accept these Terms and agree that these Terms are binding.

8. Termination

8.1  In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with the Services, if:

(a)  it transpires that you have provided false or misleading information on the Website;

(b)  you are found by us to be offensive or abusive to a User or other Lister;

(c)  you accumulate repeated reports of customer dissatisfaction, to be determined at our discretion;

(d)  you accumulate three (3) reports of food poisoning as a result of your product offerings;

(e)  your business ceases to operate or you sell a majority interest in your business to a new owner; or

(f)  you do not comply with your obligations under these Terms.

8.2  If your access to the Services is terminated for any reason, we will be entitled to payment for all outstanding Charges properly incurred by us up to the date of termination and any Charges incurred during any applicable notice period or otherwise specified in these Terms.

9. Warranties

9.1 We will, within a reasonable period of time, investigate any alleged error or other issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or other issue and give us all necessary information to be able to investigate the error or other issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.

9.2  You agree to use your reasonable endeavours to ensure that the information you supply to any User or to us is complete and accurate and notify us (and, if relevant, the User(s)) in writing if there is any change to the information supplied.

9.3  Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.

9.4  Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

10. Liability

10.1  To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any part of the Website or downloading of any material or content posted on it, or on any website linked to it. We recommend that you have up-to- date virus checking software installed.

10.2  You acknowledge that we provide a marketplace service for connecting Users and Listers to use the Services, and are in no way involved in purchases or payments in relation to goods and/or services displayed on the Website. To the fullest extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you or any User in relation to the goods or services sold on, or via, the Website (including any dispute or complaint regarding refunds, payment, goods or services). If you have any complaints, you should raise them directly withthe User.

10.3  You agree that we will not be liable to you or any third party for any indirect, consequential, special or exemplary losses, expenses or liabilities or any loss of profits, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Website or these Terms.

10.4  You agree that, in any event, our maximum aggregate liability to you under these Terms will be the total Charges that you have paid in the 3 months preceding the claim.

10.5  The Lister acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

10.6  This clause 10 survives termination or expiry of these Terms.

11. Indemnity

11.1  To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.

11.2  You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.

11.3  You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any User due to your actions, and you will indemnify us from and against any and all claims by any User in relation to any and all content created by you or any actions by you.

11.4  This clause 11 survives termination or expiry of these Terms.

12. Intellectual Property

12.1 You acknowledge that all Intellectual Property Rights in the Services, Marketplace and Website are the property of us (or our licensors) and youruse of, and access to, the Services, Marketplace and Website does not give you any rights, title or interest in or to the Services, Marketplace or Website. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services, Marketplace or Website or any part of the Services, Marketplace or Website.

12.2  You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.

12.3  We grant you, for the duration of these Terms as determined in accordance with clause 1.5, a non-exclusive, non-transferable and revocable licence to use the Intellectual Property Rights embodied in the Services to the extent necessary for you to use the Services, Marketplace and Website for your business purposes.

12.4  By uploading, posting, transmitting or otherwise making available any material via the Services, Marketplace or Website, you:

(a)  grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit that material in any form to enable us to provide the Services, Marketplace and Website and unconditionally waive any moral rights that you might have in respect of that material; and

(b)  represent and warrant that you either own the Intellectual Property Rights in that material or have the necessary permission to upload, post, transmit or otherwise make available that material via the Website.

13. Privacy

13.1 We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.

14. Unavoidable Events

14.1 We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.

15. Dispute Resolution

15.1  If you have a complaint about the performance of these Terms or the Services, you will contact us at business@bringmehome.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

15.2  This clause 15 survives the expiry or termination of these Terms.

16. Linking to the Website

16.1  You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our goodwill. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.

16.2  You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).

16.3  The Website must not be framed on any other website.

16.4  We reserve the right to withdraw linking permission under this Clause 16 by updating these Terms on the Website.

17. General

17.1  We may assign, sub-contract, or otherwise transfer any or all of its rights and/or obligations under these Terms. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations with our prior written consent, which can be refused at our absolute discretion.

17.2  A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

17.3  If you are using the Services for the supply of goods and/or services directly to a third party, then you will:

(a) procure that such third party shall comply with these Terms; and

(b) indemnify us for any claim, loss, damage or expense incurred by us as a result of any breach of these Terms by such third party.

17.4  Bring Me Home and you are independent. No contractor, agency, partnership, joint venture, fiduciary or employment relationship is created by these Terms. Neither we nor you will have, nor represent that we or you have, any authority to make any commitments on the other party's behalf except expressly pursuant to these Terms.

17.5  Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.

17.6  These Terms shall be governed by, and construed in accordance with, the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts of Victoria.

17.7  These Terms and any document expressly incorporated in it contains the whole agreement between us and you in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings between the parties. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.

18. Definitions and interpretation

18.1 In these Terms, the following expressions shall have the following meanings, unless otherwise stated:

“Charges” means the charges set out in clause 5, calculated at the rates set out in clause 5 or as otherwise published by us on the Website from time to time.

“Intellectual Property Rights” means all present and future intellectual and industrial property rights of whatever nature (whether or not registered or registrable), including, but not limited to, rights in respect of all technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights.

“Marketplace” means the online platform located on or via the Website through which certain goods and services can be negotiated, bought or sold.

“Payment Processing Services” means any services that we provide pursuant to these Terms which are to be used to process payments in relation to subscription fees or listings on the Marketplace.

“Privacy Policy” means our privacy policy, available at: https://docs.wixstatic.com/ugd/f56b68_169d9f9af9ce4671a6c2d8cd0e78b4 8e.pdf

“Purchaser” means any person who purchases goods and/or services listed by Listers for sale on the Marketplace.

“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, your business or trading name, Australian Business Number, Australian Company Number, business address and contact details.

“Services” refers to the Marketplace and the Payment Processing Services and the services provided by us pursuant to Clause 2.

“Terms” means these Terms of Service, as may be amended by us from time to time, at our discretion.

“User” means any person using the Services, whether they are a Lister, Purchaser or a person who browses, visits or otherwise uses the Website, the Marketplace or the Services.

“Website” means the website located at at https://www.bringmehome.com.au/ or any other website nominated by us from time to time, the Bring Me Home mobile application available on the iOS App Store and Google Play store, and any associated services, software, networks or processes.

18.2 Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any Act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations (including human, corporate and unincorporated), and vice versa. Paragraph headings are for reference and convenience purposes only, and all references to clauses are to clauses in these Terms unless otherwise specified.

Bring Me Home User Terms of Service

About Us
Bring Me Home provides an online marketplace to reduce food waste by allowing food business owners to list and sell discounted food, and users to purchase and pick up such discounted food.

Agreement

1. About these Terms

1.1  You should read these Terms carefully. They apply to your use of our Website.

1.2  In these Terms, “Bring Me Home”, “we”, “us” or “our” means Bring Me Home Pty Ltd (ACN 626 705 226) and includes its directors, employees and agents, and “you” or “your” means the User who accepts these Terms. Additional definitions are set out in clause 20.

1.3  By using or accessing the Website, you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Website. If you do not agree to these Terms you should immediately cease accessing and using the Website.

1.4  We reserve all rights to alter these Terms at our discretion. Each time you use the Website, it is your responsibility to be aware of our current terms. Your continued use of the Website following the posting of changes to these Terms will be deemed your acceptance of those changes.

1.5  These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website and Services or until terminated in accordance with clause 9.

2. Overview of Services

2.1 The Marketplace provides an easy and convenient way for Listers to offer discounted food for sale, which can then be purchased by Purchasers to reduce food waste. We do not supply or sell goods and/or services on, or via, the Website. Additionally, we do not physically handle any goods and/or Services displayed on the Website.

2.2  To use the Services, a User must register for an account in accordance with clause 4. An unregistered User may search and find Listers’ business profiles on the Website.

2.3  Registered Users have access to the Services and are able to:
(a)  search and find Listers’ business profiles on the Website, including via a map view;

(b)  view quantities of food products available for sale from Listers and the associated prices (only quantities are displayed since the contents of food products listed on the Marketplace are subject to availability, but Listers may provide information about the contents of their food products in their account biography);(c)  place an order for quantities of discounted food products listed by a Lister;(d)  pay for their order via credit card;(e)  make a donation of up to AU$1.99 to one of our affiliated charities in addition to payment for an order (such donations are optional and donation receipts for tax deduction purposes are not provided);(f)  access their purchase history and receipts;(g)  contact Bring Me Home support directly; and(h)  contact Listers directly to make inquiries and requests.

3. Using the Services

3.1  You must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.

3.2  Any information on the Website or otherwise provided to Users is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.

3.3  You are responsible for verifying the identity and authenticity of a Lister and its goods and/or services when you engage them for the provision of goods and/or services. Despite our use of reasonable endeavours to verify the identity of Listers on the Marketplace, you acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Lister, nor the capacity, ability or willingness of the Lister to deliver or transact with you.
3.4  You agree that you have sole responsibility for any activity that occurs on your Bring Me Home account. You must keep your account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.

3.5  The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.

3.6  You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.

3.7  While using the Website, and any associated Services, you must not:

(a)  misuse any part of the Website by introducing viruses, trojans or other material that is malicious or technologically harmful;

(b)  attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

(c)  engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;

(d)  attempt to circumvent, disable or otherwise interfere with any security- related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website;

(e)  engage in any abusive or derogatory behaviour; or

(f)  advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap.
3.8  We may contact you by email or provide you with information by posting notices on the Website. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.

3.9  We may, at our absolute discretion, terminate, suspend or delete your Bring Me Home account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

3.10  If you fail to comply with these Terms, we may, in our absolute discretion and without liability:

(a)  immediately, temporarily or permanently withdraw your right to access and use the Services and the Website (including deletion of your account);

(b)  take any other legal action against you; or

(c)  refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.

4. Registration

4.1  To access certain parts of the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.

4.2  You must be at least 18-years-old to register with us to use the Services and Website. By submitting Registration Data to us, you acknowledge that you meet this age requirement. We reserve the right to take legal action and seek compensation from a parent or guardian of a person under the age of 18 for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by that person.

4.3  We reserve the right to decline your registration request if you do not pass our verification process.

4.4  If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.

4.5  If you provide us with Registration Data, you consent to the following:

(a)  we may provide your Registration Data to Listers for the purposes of providing you with the Services;

(b)  you may receive emails from us regarding details of your registration, orders and/or purchases made through your account, and/or information relating to your access and use of the Services and your account; and

(c)  from time to time, we may email you regarding our Services or third- party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

4.6  You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.

5. Pricing

5.1  All prices displayed on the Marketplace are subject to change without notice.

5.2  All prices listed on the Marketplace are in Australian Dollars and exclusive of goods and services tax (GST) unless otherwise specified.

6. Purchases

6.1 You acknowledge and agree that a listing on the Marketplace for the provision of goods and/or services by a Lister constitutes mere information and does not form part of any offer to sell those goods and/or services.

6.2  Any goods and/or services listed on the Marketplace must be used in accordance with the instruction of the Lister, and in the absence of instructions regarding consumption, all goods and/or services are intended to be consumer on the day that they are purchased.

6.3  A registered User may communicate with Listers via the Website for the purchase of goods and/or services. For the avoidance of doubt, all purchases and/or payments made pursuant to any agreement which utilises the Services is between you and the Lister to the exclusion of Bring Me Home.

6.4  You are responsible for checking any applicable allergen information relating to goods that you purchase via the Website with Listers directly.

7. Payment

7.1  The processing of payments for goods and/or services can only proceed once a User and Lister have entered into a separate, external agreement for the purchase of goods and/or services.

7.2  We use Stripe Payment Processing Services to process payments via the Website. We accept no responsibility for transactions that occur outside the Marketplace.

7.3  The User bears sole responsibility for verifying any terms and conditions imposed by the Lister in relation to the sale of goods and/or services.

8. Cancellation of Orders and Refunds

8.1  Once you have placed an order via the Website and paid for it, it is your responsibility to collect your order from the relevant Lister’s premises within the specified time frame.

8.2  If you fail to collect an order in accordance with clause 8.1:

(a)  you cannot cancel the order;

(b)  you are not entitled to a refund; and

(c)  we are entitled to sell the contents of your order to third parties without any liability to you.

8.3  If you are not satisfied with the quality or quantity of goods and/or services purchased via the Website, you may lodge a complaint with us at info@bringmehome.com.au within 48 hours of placing the relevant order.Provided that you lodge your complaint within this timeframe, we will use reasonable endeavours to contact the relevant Lister in attempt to obtain a refund on your behalf. However, we are not responsible or liable to you in respect of obtaining or providing refunds.

9. Promotion

9. 1 Bring Me Home may, in Bring Me Home’s sole discretion, run promotions that may be redeemed for account credit, or other features or benefits related to the Services and/or a third party provider's services, subject to any additional terms that Bring Me Home establishes on a per promotion basis ("Promo"). You agree that Promos: 1. Must be used for the intended audience and purpose, and in a lawful manner;
2. May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Bring Me Home;
3. May be disabled by Bring Me Home at any time for any reason without liability to Bring Me Home;
4. May only be used pursuant to the specific terms that Bring Me Home establishes for such Promos;
5. Are not redeemable for cash; and
6. May expire prior to your use.

Certain Promos may only be available to new users. New users are unique natural persons who have not yet created a Bring Me Home account.

Bring Me Home reserves the right to delay delivery of Promo benefits pending verification that a user has complied with the terms of the Promo, including verification of the user's identity. Bring Me Home also reserves the right to determine and change the value of Promo (including the in-app Rewards Points and Credits Points) at Bring Me Home’s sole discretion at anytime. Bring Me Home users that make a referral code available to other must not make any false or misleading representations related to Bring Me Home or the benefits a new user may receive upon signing-up for Bring Me Home. Bring Me Home reserves the right to deduct credits or other features or benefits obtained through the use of Promos by you or any other user in the event that Bring Me Home determines or believes that the use or redemption of the Promo was in error, fraudulent, illegal, or in violation of the applicable Promo terms or these Terms.Bring Me Home credits earned have no cash value and will only apply in the local currency and are not transferable. If a purchase on Bring Me Home exceeds the credit value in your account, the remaining balance will be charged to the registered credit card. Bring Me Home promotions cannot be combined with any codes or other promotions.

10. Termination

10.1 In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Website and/or the Services, if:
(d)  it transpires that you have provided false or misleading information on the Website;

(e)  you are found by us to be offensive or abusive to a Lister or other User; or

(f)  you fail to pay any fees or charges payable by you on time or at all.

11. Warranties

11.1  We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.

11.2  You agree to use your reasonable endeavours to ensure that the information that you supply us or any Lister is complete and accurate and notify us (and, if relevant, the Lister(s)) in writing if there is any change to the information supplied.

11.3  Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.

11.4  Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

12. Liability

12.1 To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Website or downloading of any material posted on it or on any website linked to it. We recommend Users ensure they have up-to-date virus checking software installed.12.2  To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to goods or services sold, or advertised, via the Website (including any dispute or complaint regarding refunds, payment, goods or services). You should address such complaints directly with the Lister.

12.3  You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Website or these Terms.

12.4  You agree that, in any event, our maximum aggregate liability to you under these Terms will be no more than AUD$100.

12.5  The User acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

12.6  This clause 12 survives termination or expiry of these Terms.

13. Indemnity

13.1  To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.

13.2  You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.

13.3  You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Lister due to your actions, and you indemnify us from and against any and all claims by any Lister in relation to your actions (including content created and posted by you).

13.4  This clause 13 survives termination or expiry of these Terms.

14. Intellectual Property

14.1  You acknowledge that all Intellectual Property Rights in any Material is the property of us (or our licensors) and your use and access to any Material does not give you any rights, title or interest in or to the Material. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

14.2  You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.

14.3  By uploading, posting, transmitting or otherwise making available any material via the Services, Marketplace or Website, you:

(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the material; and
(b) represent and warrant that you either own the intellectual property rights in that material or have the necessary permission to upload, post, transmit or otherwise make available that material via the Services, Marketplace or Website.

15. Unavoidable Events

We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.

16. Dispute resolution

16.1 If you have a complaint about the performance of these Terms or the Services, you will:
(a) if the complaint relates to a payment to a Lister, contact the relevant Lister directly about the complaint; or
(b) for any other complaints, contact us at customer@bringmehome.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

16.2 This clause 16 survives the expiry or termination of these Terms.

17. Linking to the Website

17.1  You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.

17.2  You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).

17.3  The Website must not be framed on any other website.

17.4  We reserve the right to withdraw linking permission under this clause 17 by updating these Terms on the Website.

18. Privacy

18.1 We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.

19. General


19.1  Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.

19.2  A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

19.3  These Terms are governed by the laws of the State of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts in that State.

20. Definitions and interpretation

20.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:

Intellectual Property Rights” means all present and future intellectual and industrial property rights of whatever nature (whether or not registered or registrable), including, but not limited to, rights in respect of all technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights, whether created, written, developed or brought to existence by us or you in the provision of the Services.

Lister” means any person who lists goods and/or services for sale on the Marketplace.

Marketplace” means the online portal located on or via the Website through which certain goods and services can be negotiated, bought and sold.

Material” means any information, content (including, but not limited to, data, source codes, updates, improvements, modifications, new versions or associated documentation relating to the Website or the Services) or images in any form (whether visible or not) stored on or used in conjunction with the Website or the Services.

Payment Processing Services” means any services that we provide to pursuant to these Terms which are to be used to process payments in relation to listings on the Marketplace.

Privacy Policy” means our privacy policy, available at: https://www.bringmehome.com.au/privacy-policy.

Purchaser” means any person who purchases goods and/or services listed by a Lister for sale on the Marketplace.

Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, date of birth, gender and contact details.

Services” refers to the Marketplace and any associated services we provide pursuant to these Terms.

Terms” means these User Terms and all of the terms of any order placed by you through the Website.

User” means any person using the Services, whether they are a Lister, Purchaser or a person who browses, visits or otherwise uses the Website, the Marketplace or the Services.

Website” means the website at https://bringmehome.com.au/ or any other website nominated by us from time to time, the Bring Me Home mobile application available on the iOS App Store and Google Play store, and any associated services, software, networks or processes.

20.2 Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any Act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations (including human, corporate and unincorporated), and vice versa. Paragraph headings are for reference and convenience purposes only, and all references to clauses are to clauses in these Terms unless otherwise specified.