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Terms of Use

This website, accessible at www.kloopr.com and its related services, products, websites, tools and applications, including on which our partner restaurants supply any of their meals, (“Website”) is owned by Kloopr Holdings Pte Ltd Registration 20171510E and operated by Kloopr Australia Pty Ltd ACN 619 806 521(“Kloopr”, “us”, “we”). By accessing and using the Website you agree to the following terms. We may update these terms from time to time at our discretion without notice to you. The updated terms come into effect upon publishing. Accordingly, each time you use our Website you should revisit these Terms of Use.

1. Using The Kloopr Website
The Website provides you with a platform where Users/Customers connect with Partner Restaurants (“Restaurant Partners”).   so that they can order meals to be delivered to them by another User. Your use of the website and reliance on this Website is entirely at your own risk, as we act solely as a passive conduit of information.  We are not the Restaurant, Partner Restaurant or Delivery persons of any of these services, nor do we prepare them.  Although we have undertaken due diligence of the Partner Restaurants, we do not take any responsibility for the provision or quality of the provided by the Partner Restaurants.
Your use of the Services is subject to these Terms of Use and any other terms featured on the Website or otherwise provided to you. By accessing and using the Services, you agree to and accept these Terms of Use which form a binding contract between you and Kloopr.

Your use of this Website is by personal, non-exclusive licence granted by us strictly in accordance with these Terms of Use to use, access, download, view, copy and print the Services and Content available on the Website for your sole use as a licensee. As a condition of this grant of licence, you agree not to distribute Content to any third party. For enquiries for additional uses not permitted by these Terms of Use, please contact us.

Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, you must not use our Services.

Your use of the Website, our Services, and information you provide, must not:

(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d) violate any Applicable Laws (including those governing consumer protection, unfair competition, criminal law, anti-discrimination or trade practices law);
(e) be defamatory, libellous, unlawfully discriminatory, threatening or harassing;
(f) be obscene or contain comments of a religious, political or social nature;
(g) contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website;
(h) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
(i) damage the credibility or integrity of the Website or Kloopr, or dilute, tarnish, or otherwise harm our brand in any way;
(j) breach or violate any of our policies;
(k) copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Use;
(l) use the Website for any purposes that are not permitted by these Terms of Use or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies Kloopr endorsement, partnership or otherwise misleads others as to your affiliation with Kloopr;
(m) use our Website in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
(n) attempt to gain unauthorised access to the Website or computer systems or networks connected to the Website through any means;
(o) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
(p) reverse engineer, decompile or disassemble the Services or the Website or any part thereof;
(q) tamper with, hinder the operation of or make unauthorised modifications to the Website or any part thereof;
(r) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or
(s) stalk or harass any other User or collect or store any personally identifiable information about any other User.

2. Your account
To access and use the Website, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.

If we enable you to connect to the Website with a third-party service (e.g. Facebook, Instagram or Google+), you hereby grant us permission to access, store, and use your Information from that service as permitted by that service and as may be described in our privacy policy. You should contact us immediately if you believe your Account has been compromised or misused in any way.

When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Services in our absolute discretion.

3. Service availability 
3.1 Kloopr’s service is available from our Partner Restaurants throughout Australia. Each Partner Restaurant has a designated Delivery area. This ensures that meals reach the Customer within a specified time period. We do not accept orders from Users who live in areas in which we do not have Partner Restaurants.
3.2 Operating hours will depend on the specific trading hours of our Partner Restaurants. Kloopr may decline orders with Partner Restaurants made outside the normal trading hours of that restaurant. If you are a Customer or using the Website, the Customer Terms and Conditions apply to your use of the Website, and its terms are incorporated into these Terms of Use by this reference.

4. Orders
4.1 When you place an order through our service, it will be sent to the Partner Restaurant to confirm their acceptance. Only once a Partner Restaurant has received and accepted your order will a contract be formed between you and the Partner Restaurant.
4.2 Users are responsible for providing the correct details to Kloopr and our Partner Restaurants, so that a Delivery may be completed. This includes but is not limited to Users’ email address, home address and telephone number.
4.3 Users are responsible for ensuring that they are available to collect a Delivery when it arrives. If a User orders a meal and does not answer the door or respond to telephone or email communication within 5 minutes of the Delivery driver reaching their address, the driver may leave the premises, and the User will be charged for the meal.

5. Meals
5.1 All meals are subject to availability, as indicated by our Partner Restaurants.
5.2 Users are responsible for informing Kloopr and its Partner Restaurants of any allergies they have. Kloopr does not guarantee that any of the meals sold by our Partner Restaurants are free of allergens.

6. Sale of alcohol
6.1 Where alcohol is available for purchase from a Partner Restaurant, Users placing an order for alcohol must be aged 18 years or over. Delivery drivers reserve the right to ask any User who appears to be aged 25 years or younger for Identification, at their discretion. The Delivery driver may refuse to deliver alcohol to any person who does not appear, or cannot prove they are, over 18 years of age.
6.2 Delivery Drivers may also refuse to deliver to any Users who appear to be under the influence of alcohol or drugs.

7. Availability and delivery
7.1 Kloopr will endeavour to make sure that Deliveries are completed by the time specified on the website. Unfortunately, factors outside of Kloopr’s control, such as traffic and weather conditions may affect the speed of Delivery.
7.2 The timing of an order may also depend on the number of orders and the circumstances being faced by the Partner Restaurant at that time.

8. Cancellation
8.1 Users have the right to cancel an order within 5 minutes of placing the order. . This time period may vary for different Partner Restaurants and orders. Users will not be charged for any orders cancelled in accordance with this clause.

9. Complaints
9.1 If a Customer is not satisfied with a Delivery, they may issue a complaint on the website. Complaints must be submitted within 24 hours of the Delivery being completed. Any complaints submitted after this period will not be considered by Kloopr.
9.2 All complaints will be assessed by Kloopr or the Partner Restaurant. Kloopr reserves the right to reject any complaints that are not considered reasonable. If Kloopr considers a complaint to be reasonable, they may offer the Customer a full or partial refund, or credit their account with an amount decided by Kloopr. Any refunds or credits will be determined at Kloopr’s discretion.

10. Price and payment
10.1 All prices of meals are listed on our website. These prices include GST. Prices are liable to change at any time, but changes will not affect orders already placed under the existing price, except in the event of an obvious pricing mistake.
10.2 Payment for all meals can be made using a credit card or debit card through our website. Once your order has been confirmed and your payment method authorised, your credit or debit card will be charged. Payment is made to Kloopr and subsequently passed on to the Partner Restaurant.
10.3 Kloopr may charge customers a delivery fee, which will be defined and notified to customers before they complete their order. Kloopr may charge this delivery fee at its own discretion.

11. Customer
11.1 If you are a Customer or potential Customer using the Website, the Customer Terms and Conditions apply to your use of the Website, and its terms are incorporated into these Terms of Use by this reference.

12. No advice
12.1 The Content on the Website and in any linked or referred to materials or websites is not and should not be construed as advice. The Content is provided as a convenience to you and is to be taken as general information only.
12.2 This Website is not intended to establish a relationship between us and you, nor is it intended to replace the services of a professional or adviser. The Website should not be relied on as a substitute for any professional advice.
12.3 You should not rely on any information contained in the Website or linked or referred to materials or websites in making any decisions of any kind.

13. Forms
You may submit your information to us for the purpose as identified by the form on the Website (such as to contact us).

You represent and warrant by submitting any form on the Website that:

(a) the information provided in the form is valid and correct in all respects, and that you have not engaged in misleading or fraudulent conduct;
(b) you have the right to submit this information; and
(c) you have read and consent to the purpose for which the information is gathered (which will be made known to you at the time of collection).

14. Links to other websites
14.1 The Website may contain links to other third party websites. These links are provided solely as a convenience and not as a guarantee or recommendation by us for the services, information, opinion or any other content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. If you decide to access a linked website, you do so at your own risk.

15. Access and termination
We reserve the right, at any time and without prior notice, to remove or disable access to this Website or any part of it, including your Account, for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of this Website.

These Terms of Use will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Services at any time. You do not need to inform us if you choose to discontinue use of the Services.

We may also terminate our agreement with you or case providing all or any part of the Services immediately without notice to you if:

(a) you breach any of the Terms of Use or act in a manner that demonstrates you are unable to or do not intend to comply with them, in our opinion;
(b) where we are required to by law, for example due to a change in law governing the Services;
(c) the Services relies on data or services provided by a third party partner and the relationship with such partner has expired, been terminated or altered in a manner which we consider to be adverse; or
(d) provision of the Services is no longer commercially reasonable to us.

16. Intellectual Property Rights
You acknowledge and agree that:

(a) Kloopr Holdings Pte Ltd owns all Intellectual Property of the Website and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms of Use;
(b) any works, items, materials or information of whatever nature produced or developed or discovered in connection with the Website shall remain the sole and exclusive property of Kloopr Holdings, whether such property is tangible or is in the nature of industrial and intellectual property rights (including copyright and rights of confidential information) and you will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in such additional or further property to Kloopr Holdings;
(c) you acknowledge that when you provide us with Content, we may receive additional related data, such as the time, date and place you provided the Content;
(d) when you provide us with Content (including reviews and testimonials) you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, non-exclusive licence to use, reproduce, modify, adapt and communicate it in connection with the Services;
(e) you warrant that any Content you provide us with will not infringe any intellectual property rights of any third party nor give rise to any liability to make royalty or other payments to any third party;
(f) Kloopr is not liable or responsible for any loss that you may experience in submitting Content to Kloopr or for Kloopr’s use of your Content in accordance with the licence granted; and
(g) you must not falsely express or imply a relationship between you and Kloopr.
Any of the foregoing, whether merely attempted or successfully executed, is a material breach of these Terms of Use and your use of the Services will be immediately terminated without notice or compensation to you.

Kloopr Holdings may in its sole and absolute discretion refuse or remove any Content from the Website.

17. Liability
You may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.  Nothing in these Terms of Use operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute, or cause any term of this agreement to be void (Non-excludable Obligation).  Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms of Use.

Your use of, and reliance on, this Website (including all content provided by Third Parties including Partner Restaurants) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content.  Your use of any reports and services acquired via the Website is governed by our Customer Terms and Conditions found on our Website.

18. events outside of our control
18.1 No party shall be liable to the other for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control, including, without limitation, any of the following: acts of God, governmental acts, war, fire, flooding, explosion or civil commotion. Nothing in clause 17 shall excuse you from any payment obligations under this Agreement.

19. Privacy
19.1 The Privacy Policy applies to your use of this Website, and its terms are incorporated into these Terms of Use by this reference.
19.2 By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.
19.3 You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods and services requested by you.

20. Miscellaneous
Accessing information from the Website is done at your own risk and you will be responsible for compliance with the laws applicable within your jurisdiction.

These Terms of Use are governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the Courts of Victoria and relevant Commonwealth courts competent to hear appeals from them.

These Terms of Use shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

If a clause of these Terms of Use is void or unenforceable it must be read down to the minimum extent necessary to ensure compliance with the law. If it cannot be read down, the term is to be severed from these Terms of Use and the clauses that are not void or unenforceable shall be unaffected by the severance.

You agree that these Terms of Use and all incorporated agreements may be assigned by us in our sole discretion without notice. You may not assign these Terms of Use without obtaining our prior written consent which may be withheld in our absolute discretion.

Our failure to enforce a provision of these Terms of Use or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorised representative of Kloopr.

You agree that these Terms of Use may not be construed adversely against us solely because we prepared them.

These Terms of Use and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.

Nothing in these Terms of Use or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Kloopr and its Users.