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Terms of Use for Cooks

DishMe provides its Platform to enable anyone registered with us (as a Foodie) to purchase Meals that others registered with us (as Cooks) offer to sell.

This is the legally binding agreement that applies between you (as a Cook, not as a Foodie) and us regarding such sales and use of our Platform. (If you are also a Foodie then a separate DishMe Foodie Agreement also applies to your role as a Foodie.)

  1. OUR ROLE

    1. DishMe provides the marketplace

    2. Both practically and legally it is Cooks, and not DishMe, that sell Meals to Foodies.DishMe’s role is to provide a marketplace (via the Platform) for Cooks to sell Meals and Foodies to buy them. DishMe is merely a facilitator of that and is not responsible for the preparation or supply of any Meal. In making Offers, and preparing and supplying Meals, Cooks are not employees or subcontractors of DishMe. Similarly, both practically and legally, Cooks do not prepare or supply Meals for DishMe – they do that directly for Foodies. You agree that DishMe is not responsible or liable for any breach, act, omission or negligence of any Foodie.

      Having said that, DishMe does provide certain services to Foodies and Cooks, and imposes certain obligations on Foodies and Cooks, to make the Platform a good place for Cooks to offer Meals and Foodies to buy them. This agreement sets out the services DishMe provides to you as a Cook, and your obligations to us as a Cook.

    3. Contract map

    4. To avoid any doubt, this agreement is a two-way agreement between just DishMe and you (as a Cook) about our overall relationship with you. This agreement does not bind any Foodie who accepts any Offer you make or to whom you supply any Meal.

      By using the Platform, a further separate contract (being a DishMe Meal Agreement) should ordinarily apply between you and the relevant Foodie for each Meal. DishMe is not a party to that contract or bound by it – as that contract is directly between you and the relevant Foodie.

  2. YOUR ROLE

    Without limiting clause 1 (Our Role), you agree that as a Cook:

    1. you will be working for yourself, and not as our employee or subcontractor;

    2. you are free to work whenever you see fit; and

    3. you may choose which Meals (if any) to offer and the price at which you offerthem.

    You must also pay to the appropriate government authority any and all taxes, levies and other amounts applicable (if any) in connection with your supply of any Meal, including any GST, payroll tax, workers’ compensation insurance premiums, fringe benefits tax, PAYG deductions or superannuation guarantee contributions or levy. If any such amounts are claimed from us then you must indemnify us for the amount (and any additional amount claimed due to non-payment by you).

  3. OFFERING MEALS

    1. Browsing requests

      From time to time Foodies may issue general requests for an Offer of a Meal. You may browse available outstanding requests using the Platform.

    2. Making an Offer

      You may make one or more Offers at any time in response to requests by Foodies (or, if permitted by the Platform, independently of such a request). You acknowledge that:

      1. there is no guarantee that any Offer will be accepted by any Foodie;

        that by making an Offer you (in your own right, not on our behalf) are offering to enter into a legally binding DishMe Meal Agreement with any Foodie for that Meal; and

        that the Offer can be accepted via the Platform by any Foodie at any time during the period that you make it open for acceptance via the Platform.

      We will promptly notify you (via the Platform) when an Offer by you has been accepted via the Platform by a Foodie.

      The Platform requires that you specify in the Offer the time (Ready Time) and location at which the Meal will be available for collection (pickup) by or on behalf of the Foodie or Delivery, as applicable.

    3. Withdrawing an Offer

      You may withdraw any Offer at any time before the Offer is accepted by a Foodie via the Platform. After an Offer has been accepted, you may only terminate the resulting DishMe Meal Agreement with the relevant Foodie where permitted under that contract.

      In addition, if:

      1. an Offer is accepted by a Foodie; and

        you subsequently do not provide the Meal as and when required under the applicable DishMe Meal Agreement, so that the Foodie becomes entitled to terminate (and does terminate) that contract,

      then, unless the withdrawal (or non-provision of the Meal) was permitted under the DishMe Meal Agreement, you must (in addition to refunding the Meal Price to the Foodie, together with the Delivery Fee if applicable) pay us a Cancellation Fee.

      If a Foodie makes any request via the Platform that refers to, or on its face appears reasonably likely to relate to, any food allergy or intolerance of the Foodie (or other intended recipient of the relevant Meal), and you are unable to accommodate that request, then (assuming that the relevant Offer has already been accepted by the Foodie) you must promptly terminate the Meal Agreement in accordance with its terms.

    4. Collection (pickup)

      If, under a DishMe Meal Agreement, a Meal is to be collected by or on behalf of the Foodie (i.e. pickup), then:

      1. The DishMe Meal Agreement specifies what should happen if either you do not have the Meal ready for collection at the Ready Time or the Foodie’s Collector (who may be the Foodie or a person on behalf of the Foodie) does not collect it at that time, and DishMe is not liabile for any such failure; and

        the Platform requires that your Offer must also specify the location at which the Meal will be available for collection by the Foodie’s Collector. You must ensure that the description of the location provided via the Platform at the time of accepting the Offer (including by messaging the Foodie) is sufficiently detailed, and includes any relevant instructions, to make it easy for a person not familiar with the relevant address or building to reach the point at which the relevant Meal can be collected. For example, the instructions might need to include details regarding the location of a property entrance, entering a front gate or ringing a doorbell.

    5. Delivery

      This clause 3.5 (regarding Delivery) only applies where, in relation to a Meal:

        (a) (delivery by you) you have manually expressly agreed directly with theFoodie (by messaging or otherwise) to perform or arrange Delivery; or

        (b) (delivery through Delivery Facility) a Delivery Facility is available on thePlatformand the Foodie has ordered Delivery via the Delivery Facility.

      If paragraph (a) applies (i.e. delivery by you), then you (or a person arranged byyou)must:

      1. ensure that the Meal (in DishMe packaging) is delivered to the DeliveryLocationwithin a reasonable period after the Ready Time;

      2. ensure that at all times in the course of Delivery the temperature of theMealremains at or above 70 degrees Celsius;

      3. ensure that no spillage of the Meal occurs in the course of Delivery;

      4. comply with clause 6.1 (Courtesy) in the course of Delivery, and ensure that any person delivering on your behalf also does so; and

      5. not enter the house/building at the relevant Delivery Location (for security reasons).

      If paragraph (b) applies (i.e. delivery through Delivery Facility) then:

      1. you must ensure that the description of the location provided via the Platform at the time of accepting the Offer is sufficiently detailed, and includes any relevant instructions, to make it easy for a person not familiar with the relevant address or building to reach the point at which the relevant Meal can be collected. For example, the instructions might need to include details regarding the location of a property entrance, entering a front gate or ringing a doorbell;

      2. you must ensure that the Meal is ready for collection by no later than the Ready Time;

      3. you must give the Meal (in DishMe Packaging) to the Delivery Person when the Delivery Person arrives at the collection location;

      4. we will arrange the Delivery to the Delivery Location on your behalf; and

      5. to the extent permitted by law, our total liability to you and the Foodie (collectively) in relation to the Delivery (including where the Meal is lost or the Delivery is unacceptably delayed) is limited to the total of the relevant Meal Price and Delivery Fee.

  4. COMPLIANCE WITH FOOD LAWS

    1. Generally

      You must comply with all Food Laws. We may include requirements and information in the Platform and process of registering as a Cook to endeavour to assist you in complying with the Food Laws, including:

      1. inspecting your Food Premises; and

      2. assisting you in obtaining a food safety and handling certification,

      but we are under no obligation to ensure that you are in compliance. From time to time we may in our discretion undertake other checks for the benefit of Foodies generally, including taste checks and police checks and you consent to us doing so and agree to cooperate with us in doing so.

    2. Inspection

      If we request an inspection of your Food Premises, you must permit us (or a person on our behalf) to inspect your Food Premises within 48 hours of the time of our request.

    3. Specific requirements

      You must comply with all procedures and requirements identified in the course of you obtaining your food safety and handling certification. Without limiting that or clause 4.1:

      1. (notification of local council) you must notify (including all required details) the relevant local council of the operation of a food business at your Food Premises before providing any Meal to a Foodie and must notify the local council of any proposed change in those details before the change occurs;

      2. (storage of ingredients) you must store any ingredients you hold for any Meals only at your Food Premises, and in accordance with all Food Laws, including requirements as to storage temperature and protection from potential contamination;

      3. (all cooking to be done at specified Food Premises) you must prepare, cook and sell any Meal (and each part of any Meal) only at the Food Premises that you have specified in your registration;

      4. (all preparation and cooking to comply with requirements) you must prepare and cook all Meals (and each part or ingredient of any Meal) in accordance with all Food Laws, including requirements regarding clean clothing, hand washing and drying, cross-contamination, not smoking and not working while having symptoms that indicate you may be suffering from a foodborne disease;

      5. (cleaning etc) you must maintain your Food Premises, and all food contact services and cooking utensils, in a clean state at all times and in accordance with all Food Laws, including by excluding all animals and pets from the your Food Premises, keeping your Food Premises free of pests and rodents, storing waste food separately and disposing of it appropriately;

      6. (keeping Meals warm) each cooked Meal must be kept at the temperature required by Food Laws until its collection by the Foodie’s Collector or Delivery Person (as applicable), including where the Collector or Delivery Person does not arrive at the specified collection time, and you must keep at the your Food Premises a working thermometer that can accurately measure if the Meal is being stored at the required temperature;

      7. (food safety supervisor) you must ensure that at all times you maintain the appointment of a food safety supervisor in relation to your Food Premises, that the food safety supervisor holds a current and valid food safety supervisor certificate and that the certificate is kept on you Food Premises at all times and made available for inspection when requested by any person; and

      8. (food safety program) you must maintain and observe a food safety program that complies with the Food Laws, review it at least annually, make it available when requested by any person and maintain the required records of each audit of it by any food safety auditor during the previous 4 years.

    4. Packaging

      Whether required by Food Laws or not, you must supply all Meals (including where the cooked Meal is separated into various components, such as rice and a sauce) in DishMe Packaging.

      You must maintain a reasonable stock of DishMe Packaging so as to avoid being out of stock when supplying a Meal. You must give DishMe reasonable advance notice when you are running low of stock of DishMe Packaging (any in any event at least 7 days notice), and details of the additional stock required, so as to allow DishMe a reasonable period in which to deliver additional stocks of DishMe Packaging.

      You agree that despite any branding on DishMe Packaging, or stickers provided for use on DishMe Packaging, you are supplying Meals in your own right, and not on behalf of DishMe.

  5. PAYMENT

    1. Meal Prices

      You authorise us to accept each payment of the relevant Meal Price and Delivery Fee (if applicable) on your behalf from the relevant Foodie via the Payment Facility. We will then, at the time indicated on the Platform (and in any event no earlier than the time at which you indicate, via the Platform, that the Meal has been provided to the relevant Foodie), pay the Meal Price to you, minus any fees or other amounts payable by you to us, whether in connection with any Meal or otherwise. We will retain all Delivery Fees in our own right where the Delivery is arranged through a Delivery Facility.

    2. Fees

      You must pay us all applicable Fees at the applicable time.

    3. Refunds to Foodies

      Despite clause 5.1, if a Foodie notifies us of a complaint that:

      1. the Foodie was grossly dissatisfied with a Meal supplied by you; or

      2. that the Foodie (or other person) became ill because of a Meal supplied by you,

      and in good faith we decide that the Foodie’s complaint was justified, then:

      1. we will notify you of the complaint;

      2. we may refund all or part of the Meal Price and Delivery Fee (if applicable); and

      3. we may withhold payment (or require repayment by you) of an amount equal the amount refunded to the Foodie.

  6. COURTESY, INFORMATION AND TRUST

    1. Courtesy

      In all communications and dealings with any Foodie (whether in person, by phone, via the Platform or otherwise) you must behave courteously and professionally, even if the Foodie does not.

      If a Foodie acts inappropriately (including by engaging in violent, threatening or offensive behaviour) then you should first contact your local police station and subsequently notify DishMe, preferably with a copy of the relevant police report. We may, but are not obliged to, revoke or suspend the registration with DishMe of any such Foodie but are not liable in any way for the conduct of the Foodie.

    2. Accurate and acceptable Content

      All Content that you:

      1. post on the Platform; or

      2. provide to us or any Foodie, in connection with any Meal, the Platform or any DishMe Services,

      must be accurate and not misleading and must not include any Unacceptable Content. We have no obligation to monitor, vet or correct any Content you post or provide but have the right to do so for any reason.

    3. Licence of Content

      You hereby grant us (and warrant that you have the right and authority to grant us) a non-exclusive, irrevocable, perpetual transferable licence to copy, use, modify, sublicense, adapt and otherwise exploit in any way, and for any purpose, all Content that you post on the Platform or otherwise provide to us, including any photos or videos that you permit us to take of you and any feedback you provide regarding us or any Foodie. You agree that (despite anything on the Platform that might suggest otherwise) we are not obliged to publish any such Content and may delete or edit it as we see fit.

    4. Privacy

      You consent to us providing your personal information to others as described in our Privacy Policy and our other practices described in the Privacy Policy (including regarding sending emails to you, using cookies etc). In addition, if at any time you provide the personal information of another person to us, then you must ensure that that person has read and understood our Privacy Policy and separately consented to that personal information being used and disclosed by us as described in the Privacy Policy.

      You also consent to us maintaining and publishing (including on the Platform) ratings, statistics, comments and photos about you and the Meals you provide, based on input by Foodies and data from your transactions via the Platform. You agree that our system for doing that may be automated and that we are not obliged to control or vet the input from Foodies. To the extent permitted by law, we exclude any and all liability to you (on any basis, including negligence) in relation to any such rating, statistic, comment or photo that we publish. If you are dissatisfied with any comment or photo provided by a Foodie then you may request that we delete or amend it and we will consider that request in good faith.

    5. DishMe requests for information

      After the initial process of registering you as a Cook we expect that ordinarily we would not have any direct communication specifically with you (as distinct from general emails, messages or texts), whether in relation to a particular Meal or more generally. From time to time, however, it may be necessary or desirable for us to do so, including where any complaint or dispute arises. If at any time we request any information about you, or in relation to any Meal or Foodie, then you must provide it to the best of your ability as soon as practical.

    6. Confirmation of identity

      We may offer services to you that provide a level of comfort about the identity or history of a Foodie. You acknowledge that as those services are based entirely or in part upon information provided by third parties (including other Cooks or Foodies) the Page 9 services are only intended to provide a degree of comfort, may be inaccurate and are not an absolute guarantee regarding the identity or history of any person or their future behaviour. You acknowledge that we do not undertake background checks on Foodies and agree that we are not obliged to do so.

    7. Login security

      We will register or issue a user ID (e.g. your mobile phone number) and corresponding password (together being a “Login”) for your use of the Platform.

      In addition, once you have logged in to the relevant DishMe App on your device you must keep that device secure, as even if you close the DishMe App you will remain logged in next time you open it. You can only log out of the DishMe App by deleting it from your device.

      You must keep the Login secure and notify us immediately upon becoming aware that the Login may be lost or stolen, or becoming aware or suspecting that another person knows the Login, or has used the Login, without your authority.

      You are liable for, and we may rely upon, all instructions, requests, information and Content submitted to the Platform using of the Login, even if the information or request is submitted by a person using the Login fraudulently or without authority. Without limiting the above, we are entitled to treat all use of the Platform made using the Login as use that you have authorised and you are responsible for the payment of all amounts or fees that become payable in relation to such use.

  7. WARRANTIES AND LIABILITY

    1. Platform availability and faults

      We do not promise that the Platform will be available on a continuous or fault-free basis. To the extent permitted by law, we exclude all liability in relation to:

      1. any fault in, or failure of, any equipment, software or third party services used in connection with the supply of use of the Platform to you; or

      2. any fault or failure in the supply of use of the Platform involving any act, omission or event outside our reasonable control, including any equipment failure, power failure, fire, flood, water, labour dispute or shortage, utility curtailment, explosion, emergency, civil disturbance, war, act of God, governmental action or act or omission of any third party.

      If we become aware of any such fault or failure, then we will use reasonable endeavours to address it. You must promptly notify us of any fault of which you become aware.

    2. Mutual exclusion of other terms

      To the extent permitted by law, and except as expressly provided in this agreement, all terms, conditions, warranties or representations (in each case whether express, implied, statutory or otherwise) by either you or us to the other, relating in any way to the DishMe Services or this agreement, are excluded.

    3. General limitation of liability

      Without limiting clause 7.4, to the extent permitted by law, any liability of ours:

      1. under any term, condition, warranty or representation that by law cannot be excluded or that is not otherwise excluded under clause 7.1; or

      2. under any guarantee (including any consumer guarantee) or other right under any law; or

      3. otherwise in connection with any Meal, the Platform, any DishMe Services or this agreement, including any advice by us in connection with any of the foregoing,

      is, where permitted by law, limited at our option to the resupply of the relevant services provided by us or the payment of the cost of same.

    4. Exclusion of categories of loss

      The following applies only to the extent permitted by law. All liability of ours is excluded in respect of any indirect or consequential Loss suffered or incurred by you, in relation to any Meal, the Platform or any DishMe Services, any delay or failure in providing any of them, or otherwise under or in connection with this agreement, and in any event (including where amounting to a direct loss) for any lost profits or goodwill.

    5. Indemnity

      To the maximum extent permitted by law, you must indemnify us against all Losses incurred by us in relation to:

      1. any negligence by you in connection with any Meal, the Platform or any DishMe Services;

      2. any breach of this agreement by you; or

      3. any claim by any Foodie against us, in relation to any Meal where you are the relevant Cook and have breached the relevant DishMe Meal Agreement.

      This indemnity may be enforced by us before and without incurring any expense or making any payment to any person.

  8. TERMINATION

    Either you or we may terminate this agreement at any time with immediate effect by notice to the other. Our and your obligations:

    1. in relation to any Meal supplied before the effective date of termination or any outstanding DishMe Meal Agreement as at the effective date of termination; and

    2. under clauses 2, 5, 6, 7, 9, 10 and 13,

    will survive the termination. In addition, your obligations to the relevant Foodie under any outstanding DishMe Meal Agreement are not affected by any termination.

  9. USE OF PLATFORM

    1. Prohibited conduct

      You must not:

      1. use the Platform to contact any Foodie (or other Cook) other than for bona fide communication in relation to a Meal;

      2. use the Platform to promote, or encourage any Foodie (or other Cook) to participate in, any other product, service or website (including any product, service or website that is competitive with the Platform or DishMe);

      3. in connection with, or in the course of the supply of, any Meal to a Foodie, request any contact details for or in relation to the relevant Foodie;

      4. use the Platform (or information obtained through or using it) to find, identify, locate or contact a Foodie, and subsequently make or arrange a related supply of food without payment for it occurring through the Platform;

      5. use, display, mirror or frame the Platform (or any part of it), the layout of the Platform (or any part of it) or the name or any logo of DishMe, except with the express written consent of DishMe or the ordinary use or display by you as a normal end user of the Platform;

      6. use the Platform or any DishMe Service for any illegal purpose or in connection with any illegal act;

      7. use any DishMe Packaging for any purpose other than to provide Meals to Foodies;

      8. invite or permit any Foodie to enter your Food Premises (or your premises generally) in connection with the provision of any Meal to that Foodie; and

      9. do, or permit to be done, any act that could damage our reputation, or the reputation of the Platform.

    2. Suspension and revocation

      We may at any time, without prior notice, suspend or revoke your status as a registered Cook if:

      1. you breach this agreement or any Food Law;

      2. we believe that you may breach this agreement or any Food Law;

      3. you breach any DishMe Meal Agreement with any Foodie (e.g. fail to provide a validly ordered Meal) or are the subject of one or more complaints by any Foodie;

      4. we believe that you hold, or have previously held, any other registration as a Cook or Foodie (whether in your own right or through or in co-operation with any other person) and have breached the relevant agreement with us or had the other registration revoked or suspended; or

      5. you arrange the supply of any food item to any Foodie other than the supply of a Meal through the Platform.

  10. MEALS OUTSIDE PLATFORM

    Until this agreement is terminated, you must not, in any capacity, directly or indirectly through any legal entity, and whether for your benefit or the benefit of any other person:

    1. supply to any Foodie, in connection with the supply of any Meal or otherwise, any food or other product or service other than the supply of Meals to Foodies through the Platform; or

    2. supply any food to any person in connection with any business (other than DishMe) that facilitates the supply of home cooked meals to customers.

    Without limiting the above, if you arrange the supply of any food item to any Foodie other than the supply of a Meal through the Platform then this agreement does not apply to that supply and we are not liable for, or in relation to, the food item or the relevant Foodie in any way. We discourage you from arranging the supply of food items to any Foodie outside the Platform and note that the disadvantages of doing so include the following:

    1. it is a breach of this agreement;

    2. the supply of the Meal and any feedback provided will not be available to add to your reputation on the Platform; and

    3. the practical benefits provided through the Platform (including insurance, payment arrangements and any delivery arrangements) are not available.

  11. EXTERNAL SERVICES

    The Platform may provide links to, or enable access to, third party services and websites (External Services). You agree and acknowledge that:

    1. we are not the provider of any External Services;

    2. use of an External Service may require that you accept additional terms;

    3. any link or access to an External Service is provided solely as a convenience to you and we do not endorse any External Service and have not, and are not required to, examine or evaluate the content, accuracy, completeness, validity, legality, decency, quality, or any other aspect of any External Service; and

    4. your use of any External Service is at your sole risk and, to the extent permitted by law, we will have no liability to you in connection with any External Service or its use.

    For the avoidance of doubt, Delivery arranged through a Delivery Facility is not an External Service.

  12. AMENDMENT

    From time to time we may amend this agreement, the Fee List or the DishMe Meal Agreement by notice to you via the Platform. Any such amendment will not take effect earlier than 10 Business Days after the date on which we notify you. If an amendment is not acceptable to you then you may terminate this agreement in accordance with clause 8.

  13. NOTICES

    Any notice given under this agreement by either party to the other must be in writing sent via the Platform, or by ordinary prepaid mail or email to the corresponding address below, unless either party notifies the other of a change of the relevant address.

    You Your current email or street address as registered with us.

    Us support@dishme.com.au

  14. MISCELLANEOUS

    1. Independent contractors

      The relationship between you and us is that of independent contracting parties and, except to the extent (if any) expressly stated in this agreement, no employment, agency, partnership or fiduciary relationship will arise as a result of this or any related agreement. You have no right, power or authority to bind us to any agreement, arrangement or understanding in any manner whatsoever.

    2. Intellectual property

      All intellectual property (including copyright) in the Platform, and anything provided to you in connection with this agreement or the Platform, will remain our property.

    3. Applicable law

      This agreement is to be construed according to, and is governed by, the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts in and of New South Wales in relation to any dispute arising under this agreement.

    4. Assignment and subcontracting

      You may not transfer or assign your rights or obligations under this agreement to any other person. We may assign our rights, and subcontract our obligations, under this agreement.

    5. Severance

      If any provision of this agreement or its application to any person or circumstance is or becomes invalid, illegal or unenforceable then the provision will so far as possible be read down to the minimum extent necessary to ensure that it is not. If any provision or part of it cannot be so read down, then the provision or part of it will be deemed to be void and severable and the remaining provisions of this agreement will not be affected or impaired in any way.

    6. Waivers

      Any failure by any party to exercise any right under this agreement does not operate as a waiver and the single or partial exercise of any right by that party does not preclude any other or further exercise of that or any other right by that party.

    7. Entire agreement

      This agreement constitutes the entire agreement between you and us in relation to its subject matter. Any prior arrangements, agreements, representations or undertakings are superseded and, except as expressly provided, each party warrants that it has not relied on any arrangement, agreement, representation or understanding which is not expressly set out in this agreement or incorporated by reference.

      Any DishMe App made available to you, or downloaded by you, is licensed under its applicable user licence agreement. That agreement is separate from this agreement.

  15. INTERPRETATION

    1. Dictionary

      In this agreement the following phrases have the following meanings:

      Business Day

      means a day on which the major trading banks are open for ordinary business in Sydney, excluding a Saturday, Sunday or any public holiday in Sydney.

      Cancellation Fee

      means the corresponding fee calculated in accordance with the Fee List.

      Collector

      in relation to a Foodie means the Foodie or another person who collects the relevant Meal for the Foodie. For the avoidance of doubt a Delivery Person is not a Collector.

      Content

      means all information, data, documents, pictures, graphics, video, audio, text or other content, in each case in any form and for the avoidance of doubt includes any recipes, photographs, prices, comments, reviews or feedback.

      Cook

      means a person who has successfully registered with us as a Cook and has not had their registration suspended or revoked.

      Delivery

      means delivery performed by you, arranged by you or arranged and performed on your behalf by DishMe for you of the relevant Meal from the collection point specified in the relevant Offer, at approximately the collection time specified in that Offer, to the relevant Delivery Location.

      Delivery Facility

      means an automated facility provided via the Platform for the Foodie to order Delivery but excludes any manual express agreement (by messaging or otherwise) directly between you and the Foodie for you to perform or arrange Delivery.

      Delivery Fee

      in relation to a Delivery means the fee chargeable for the Delivery, as indicated on the Platform at the time that the relevant Foodie accepts the relevant Offer.

      Delivery Location

      means the location, specified by the relevant Foodie via the Platform at the time of acceptance of the relevant Offer, for Delivery of the relevant Meal.

      Delivery Person

      means the relevant individual who performs (or is performing) a Delivery (which may be you, a third party arranged by you or a third party arranged by us for you).

      DishMe

      means DishMe Pty Ltd (ACN 608 811 561).

      DishMe Apps

      mean the mobile apps provided by us that, amongst other things, enable Cooks to make Offers, or Foodies to accept Offers.

      DishMe Meal Agreement

      means the standard form of agreement published by us from time to time with that title. At any given time you can obtain a copy on the Website of the version applicable at that time.

      DishMe Packaging

      means standardised packaging supplied to you from time to time by or on behalf of DishMe, and where from time to time you are supplied (by or on behalf of DishMe) with stickers bearing DishMe branding means such standardised packaging with a sticker applied to each package.

      DishMe Services

      means all the services that we agree to provide, or in fact provide, to you under or in connection with this agreement or any Meal or Offer, including the provision of the Platform and its functionality and any assistance or advice regarding compliance with Food Laws.

      Fee

      means a fee listed on the Fee List.

      Fee List

      means the fee list displayed on the Platform, or notified to you by us, from time to time.

      Food Laws

      means all laws, regulations, standards, codes, orders and directions (including those issued by any governmental authority) applicable in relation to your preparation and sale of Meals. In New South Wales that includes the Food Act 2003 (NSW), all regulations issued under it, the applicable parts of the Food Standards Code and any direction or guidelines from the Food Authority or local council.

      Food Premises

      mean the location (which may be part of a dwelling) indicated in your registration with us as a Cook in which you will store ingredients for, prepare and sell any Meals.

      Foodie

      means a person who has successfully registered with us as a Foodie and has not had their registration suspended or revoked.

      Meal

      means the food described in the relevant Meal Description.

      Meal Description

      means the food description provided via the Platform in connection with the relevant Offer. It excludes any changes requested or purportedly imposed by the relevant Foodie unless expressly agreed by you via the Platform.

      Meal Price

      means the price (as stated in the relevant Offer) payable by the Foodie to the Cook for the relevant Meal.

      Loss

      means any loss, damage, cost, interest, expense, fee, penalty, fine, forfeiture, assessment, demand, action, suit, claim, proceeding, cause of action, liability or damages incurred by a person, and includes legal costs on an indemnity basis and indirect or consequential losses.

      Offer

      means an offer made via the Platform to provide a Meal, including the Meal Price and the location and time for collection of the Meal.

      Payment Facility

      means the facility provided by us via the Platform through which Foodies can pay Cooks for or in relation to Meals.

      Platform

      means the Website, DishMe Apps and any other technology that we provide for you to use.

      Privacy Policy

      means our privacy policy, as applicable from time to time. At any given time you can obtain a copy on the Website of the version applicable at that time.

      Ready Time

      has the meaning given in clause 3.2, as applicable to the relevant Offer.

      Unacceptable Content

      means any Content that:

      1. is racist, hateful, violent, defamatory, harassing, abusive, threatening, malicious, inflammatory or otherwise objectionable;

      2. is pornographic, sexually explicit, obscene or excessively profane;

      3. is unlawful or encourages unlawful conduct;

      4. is fraudulent, false, misleading or deceptive;

      5. infringes, or encourages the infringement of, a third party's rights, including intellectual property, confidentiality or privacy rights;

      6. contains any Virus;

      7. amounts to commercial advertising of any other website, product or service; or

      8. contains any link to any website that includes any of the above types of content.

      us

      means DishMe.

      Virus

      means any computer program, virus or other code that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised access to or disclosure, destruction or corruption of information, data or software.

      Website

      means our website at www.dishme.com.au

    2. Rules of interpretation

      In this agreement:

      1. Inclusive Terms.

        Use of inclusive terms such as “includes” or “including” will be read as “includes, without limitation” or “including, without limitation”.

      2. Numbers.

        Words importing the singular include the plural and vice versa.

      3. Persons.

        References to persons include corporations.

      4. Writing

        References to writing include any mode of representing or reproducing words in visible form, and include email and other electronic transmissions.