Terms & Conditions

TERMS AND CONDITIONS FOR USERS OF "TAKE A PLATE"
Effective date: 1st February 2024 

1. Introduction 

Welcome to "Take a Plate," a pioneering mobile application offered by JCMALTE GROUP  PTY LTD (ABN: 82667671454), designed to bridge consumers with participating businesses  to purchase surplus food at reduced rates.  

Our initiative not only aims to provide economic benefits to our users but also to contribute to the reduction of food waste. By accessing, downloading, or utilising the "Take a Plate"  application ("the App"), you enter into a binding agreement to adhere to these Terms and  Conditions, which dictate your usage of the App and your interactions within it. 

2. Acceptance of Terms 

By engaging with the "Take a Plate" App, you unequivocally accept these Terms and  Conditions in full. Should you disagree with any portion of these Terms, you are advised  against the use of the App. These Terms serve as a legally binding contract between you  and JCMALTE GROUP PTY LTD, governing your access to and use of the App. 

3. Modifications to Terms and Conditions 

JCMALTE GROUP PTY LTD reserves the exclusive right to alter, amend, or revise these  Terms and Conditions at any given time, reflecting changes in our service, legal mandates,  or any other aspects impacting the App's operation. You are responsible for regularly  reviewing these Terms. Continued use of the App after such modifications implies your  acceptance of the revised Terms. 

4. Eligibility and Account Registration 

Use of the "Take a Plate" App is limited to individuals who are at least 18 years of age or  those who have received explicit consent from a parent or legal guardian. By registering for  an account on the App, you represent that you meet the eligibility criteria. During the  registration process, you agree to provide truthful, accurate, and complete information about  yourself and to promptly update this information should changes occur, ensuring its  continued accuracy. 

5. Account Responsibilities 

You are solely responsible for safeguarding the confidentiality of your account details,  including your password, and for all activities that occur under your account. You agree to  immediately notify JCMALTE GROUP PTY LTD of any unauthorised use of your account or  any other breach of security. JCMALTE GROUP PTY LTD shall not be liable for any loss or  damage arising from your failure to comply with this section. 

6. Use of the Application 

The "Take a Plate" App is designed to provide users with the opportunity to purchase  surplus food from participating businesses at discounted prices. You agree to use the App  only for its intended purposes and in compliance with all applicable laws, rules, and  regulations. Any unauthorised use of the App, including but not limited to, unauthorised entry into JCMALTE GROUP PTY LTD's systems, misuse of passwords, or misuse of any  information posted to the App is strictly prohibited. 

7. Placing Orders

Users of the "Take a Plate" App can browse and place orders for surplus food offerings from  participating businesses. The availability of such offerings may vary and is subject to  change. By placing an order through the App, you agree to the terms set forth by the  participating business, including but not limited to, the pick-up time frame and the price of the items. JCMALTE GROUP PTY LTD facilitates these transactions but is not a party to the  contract between the user and the participating business. 

8. Payment Methods 

The "Take a Plate" App accepts various forms of payment, including major debit and credit  cards, along with other digital payment options available on the platform. Users must provide valid payment information at the time of placing an order. All transactions are conducted  through secure payment gateways adhering to the highest security standards to protect your financial information. JCMALTE GROUP PTY LTD reserves the right to change or introduce  new payment methods without prior notice. 

9. Cancellation and Refund Policy 

Users have the ability to cancel their orders within a specified timeframe before the  designated pickup time. In such cases, a full or partial refund will be processed according to  the cancellation policy outlined by the participating business. Orders not cancelled within the  specified time frame are not eligible for a refund. Details regarding cancellation deadlines  and refund processes are available within the App. 

10. "Surprise Pack" Offers 

"Take a Plate" may offer "Surprise Packs," which consist of a variety of surplus food items  selected at random, subject to availability. The contents and price of each "Surprise Pack"  are determined by the participating businesses and may vary. By purchasing a "Surprise  Pack," users agree to accept the assortment of items provided, understanding that specific  contents cannot be guaranteed. 

11. User Conduct 

Users of the "Take a Plate" App are expected to conduct themselves in a lawful and  respectful manner. Prohibited activities include, but are not limited to, using the App for any  fraudulent purposes, infringing on the intellectual property rights of others, or engaging in  behaviour that is harmful, offensive, or inappropriate. JCMALTE GROUP PTY LTD reserves  the right to terminate or suspend access to the App for users who violate these guidelines. 

12. Complaints and Dispute Resolution 

Should users have any complaints regarding the App or services obtained through it, they  are encouraged to contact “Take A Plate”' customer support for resolution. We aim to  address and resolve complaints in a timely and fair manner. Disputes that cannot be  resolved amicably may be subject to arbitration or legal proceedings, as agreed upon by  both parties. 

13. Intellectual Property Rights 

All content on the "Take a Plate" App, including text, graphics, logos, and software, is the  property of JCMALTE GROUP PTY LTD or its licensors and is protected by Australian and  international copyright laws. Users are granted a limited license to access and use the App  for its intended purpose. Any unauthorised use, reproduction, or distribution of the App's  content is strictly prohibited. 

14. Third-Party Links and Content

The "Take a Plate" App may contain links to third-party websites or resources. These links  are provided for convenience only and do not imply an endorsement of the content,  products, or services offered on these external sites. JCMALTE GROUP PTY LTD has no  control over, and assumes no responsibility for, the content, privacy policies, or practices of  any third-party websites or services. 

15. Privacy and Data Protection 

JCMALTE GROUP PTY LTD is committed to protecting the privacy and security of our  users' personal information. The collection, use, and sharing of personal information are  detailed in the "Take a Plate" Privacy Policy, accessible within the App. By using the App,  users consent to the processing of their personal data in accordance with our privacy  practices. We implement a variety of security measures to maintain the safety of your  personal information when you place an order or enter, submit, or access your personal  information. 

16. Liability Limitations 

To the fullest extent permitted by law, JCMALTE GROUP PTY LTD, its officers, directors,  employees, and agents disclaim all warranties, express or implied, in connection with the  App and your use thereof. JCMALTE GROUP PTY LTD makes no warranties or  representations about the accuracy or completeness of the App's content or the content of  any sites linked to this App and assumes no liability or responsibility for any (i) errors,  mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature  whatsoever, resulting from your access to and use of our App, (iii) any unauthorized access  to or use of our secure servers and/or any and all personal information and/or financial  information stored therein. 

17. Indemnification 

You agree to defend, indemnify, and hold harmless JCMALTE GROUP PTY LTD, its parent  corporation, officers, directors, employees, and agents, from and against any and all claims,  damages, obligations, losses, liabilities, costs or debt, and expenses (including but not  limited to attorney's fees) arising from: (i) your use of and access to the "Take a Plate" App;  (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark, privacy, or other personal or proprietary rights; or (iv) any claim that your content caused damage to a third party. 

18. Governing Law and Jurisdiction 

These Terms and Conditions shall be governed by the laws of Australia, without regard to its conflict of law provisions. Any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Australia, and by using the App, you consent to  the jurisdiction and venue of such courts. 

19. Feedback and Reviews 

Users are encouraged to provide feedback and reviews regarding their experiences with the  "Take a Plate" App and the services offered. All reviews must be honest, respectful, and  comply with applicable laws. JCMALTE GROUP PTY LTD reserves the right to use, publish,  and remove reviews at our discretion. Feedback and reviews submitted by users do not  reflect the opinions or values of JCMALTE GROUP PTY LTD. 

20. Termination

JCMALTE GROUP PTY LTD may terminate or suspend your access to the App  immediately, without prior notice or liability, for any reason whatsoever, including, without  limitation, if you breach the Terms and Conditions. Upon termination, your right to use the  App will cease immediately. Sections that by their nature should survive termination shall  survive termination, including, without limitation, ownership provisions, warranty disclaimers,  indemnity, and limitations of liability. 

21. Contact Information 

For any questions regarding these Terms and Conditions, or if you require support related to the "Take a Plate" App, please contact JCMALTE GROUP PTY LTD via the "Contact Us"  feature within the App or by emailing support@takeaplate.com. We are committed to  providing our users with high-quality support and will make every effort to address your  inquiries promptly and effectively.