Alfred | Terms of Use

 

1                Introduction

(a)           These terms of use (Terms) govern your access and use of the Alfred mobile applications, website, technology platform and online service (collectively, the Alfred Platform) provided and made available by Alfred Technologies Pty Ltd ACN 625 237 434 (‘Alfred’, ‘we’, ‘us’ or ‘our’).

(b)           By accessing and using the Alfred Platform, you agree to these Terms and any policies we publish from time to time in relation to the Alfred Platform.

(c)           We may change these Terms at any time by giving you written notice and publishing the changed Terms on our website. Changes will not operate retrospectively.

(d)           Your continued access and use of the Alred Platform constitutes your agreement to be bound by the changed Terms.

2                About the Alfred Platform

(a)           The Alfred Platform is an online home shopping platform that:

(i)             connects users (‘Shoppers’) with grocery stores (‘Participating Stores’) in their area; and

(ii)            enables Shoppers to purchase products from Participating Stores for home delivery.

(b)           Your decision to access and use the Alfred Platform and purchase products from Participating Stores is at your sole discretion and risk.

3                User accounts

(a)           You must register an account in order to access and use the Alfred Platform.  In order to register an account, you must:

(i)             be at least 18 years of age and have the capacity to enter into a contract; and

(ii)            provide us with certain personal information that we require, such as your name, address, date of birth, phone number, email address and payment method.

(b)           You may be able to register an account and access the Alfred Platform using an account with a third party social networking service (‘SNS account).  If you register and access the Alfred Platform using an SNS account, you agree that we may access, store, use and display information and content from your SNS account as permitted by that service.

(c)           You promise that the information you provide when you register for an account is true, accurate and not misleading in any way and you must keep this information up to date at all times.

(d)           You must not:

(i)             register more than one account;

(ii)            impersonate or register on behalf of another person; or

(iii)          allow another person to use your account. 

(e)           We may change your username or suspend or cancel your account if we consider, in our sole discretion, that your username not appropriate (for example, if we believe it is offensive, misleading or is similar to another person’s trade mark).

(f)             You must keep your password secure at all times and you are solely responsible and liable for all activity undertaken using your account.

4                Using the Alfred Platform

(a)           Participating Stores are solely responsible for:

(i)             the content they publish on the Alfred Platform, including information about products, their price and availability; and

(ii)            the fulfilment and delivery of products purchased by Shoppers.

(b)           You can purchase products by submitting orders to a Participating Store. Submitted orders cannot be cancelled.

(c)           When a Participating Store accepts your order, a separate contract is created  exclusively between you and the Participating Store for the purchase and delivery of the products in your order.

(d)           We are not the supplier of products purchased using the Alfred Platform. Our role is limited to making the Alfred Platform available to Shoppers and Participating Stores and acting as a Participating Store’s agent for collecting payments and arranging deliveries.

(e)           Delivery times are estimates only. Products will be delivered to your nominated delivery address and you must ensure that you or someone you authorise is available to personally accept delivery of products.

(f)             If the delivery driver is not able to deliver products to a person at your delivery address within 5 minutes of arrival, products will be left at the delivery address and you are solely responsible for any loss, damage, deterioration of products.

5                Purchase of alcohol

(a)           It is an offence for:

(i)             any person to supply or deliver alcohol to a person who is under 18 years of age; and

(ii)            a person who is under 18 years of age to purchase or receive alcohol.

(b)           You can only purchase alcohol from a Participating Store if you are aged 18 years or over.

(c)           Orders for alcohol will only be delivered where you provide the delivery driver with identification showing your age, including a proof of age card, drivers licence or passport.

(d)           The delivery driver may refuse to deliver alcohol to any person who:

(i)             cannot provide acceptable identification; or

(ii)            prove they are aged 18 or over; or

(iii)          is or appears to be under the influence of alcohol or drugs.

6                Payments

(a)           We will collect payment for products and delivery charges on behalf of Participating Stores as their agent using the payment method nominated in your account. 

(b)           All payments will be facilitated through the Alfred Platform by our third party payment processor and cash payments are prohibited.

(c)           You are responsible for all fees and charges incurred under your account regardless of whether you are aware of them. 

7                Disputes

(a)           While we may, at our option, help to facilitate the resolution of disputes, we are not responsible for and have no control over:

(i)             your interactions with Participating Stores;

(ii)            the acts or omissions of Participating Stores; or

(iii)          the availability, reliability, suitability, quality or safety of the products sold by Participating Stores.

(b)           If you have a dispute with a Participating Store, you are solely responsible for resolving the dispute and release us and our directors, employees, agents and related bodies corporate from all claims, demands, actions and liability arising from or in any way connected with the dispute.

(c)           If you are entitled to a refund or resupply of products for any reason, you agree that the Participating Store, and not us, is solely responsible for the refund or resupply.

8                Prohibited use

You must not, in accessing and using the Alfred Platform:

(a)           contravene any applicable law, code, rule or regulation;

(b)           engage in in conduct that is misleading or deceptive or likely to mislead or deceive, including by making false or inaccurate representations about your identity;

(c)           stalk, harass, abuse, threaten, intimidate, defame, vilify or discriminate against any person;

(d)           attempt to obtain personal information (including passwords) of another person without their knowledge or consent;

(e)           circumvent, modify, adapt, reverse engineer or decompile any software that forms part of the Alfred Platform Platform;

(f)             bypass measures used to prevent, control or restrict access to any part of the Alfred Platform;

(g)           use any robot, spider, scraper or other automated means to access the Alfred Platform for the purpose of indexing, scraping, crawling or harvesting any data without our express written permission;

(h)           do anything which is intended or reasonably likely to interrupt, damage, impair, limit or interfere with any part of the Alfred Platform or the operation or functionality of any software, hardware or communications equipment used to provide the Alfred Platform; or

(i)             attempt to do any of the foregoing or encourage, assist or procure another person to do so.

9                Reviews

(a)           The Alfred Platform may allow users to post reviews of Participating Stores and their products.

(b)           We are not responsible for and do not approve or endorse the content, accuracy or reliability of any reviews.

(c)           If you post a review, you promise that your review is fair, reasonable and honest and does not break any laws or infringe the legal rights of any person.

(d)           We may delete or amend reviews at our absolute discretion for any reason whatsoever, including to ensure compliance with these Terms.

10            Intellectual property

(a)           Intellectual Property Rights includes all copyright, trade marks, designs, database rights, inventions and other similar rights, whether registered or unregistered.

(b)           All Intellectual Property Rights in the Alfred Platform are owned exclusively by us or our third party licensors. ‘Alfred’ and the ‘Alfred’ logos, graphics and icons are trade marks of Alfred.  All other trade marks used in connection with the Alfred Platform are the property of their respective owners. 

(c)           If you upload, post, publish, share or transmit content using the Alfred Platform:

(i)             you represent and warrant to us that you have the right to do so;

(ii)            you grant us a perpetual, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, communicate, publish, modify, adapt, distribute and exploit your content; and

(iii)          you irrevocably and unconditionally consent to us, our related bodies corporate, agents, contractors and licensees doing or omitting to do anything in relation to your content that would otherwise infringe your moral rights.

(d)           Without any obligation to you, we may use, modify or incorporate into the Alfred Platform any ideas, feedback, comments or suggestions you provide.

11            Statutory rights

Certain laws, such as the Australian Consumer Law, set out consumer rights and guarantees that cannot be lawfully excluded, restricted or modified (‘Non-Excludable Rights’). These Terms are subject to such Non-Excludable Rights. To the maximum extent permitted by law:

(a)           the Alfred Platform is provided on an “as is” and “as available” basis and we exclude all conditions, warranties guarantees and representations of any kind;

(b)           we do not promise that the Alfred Platform will be free from errors, operate without interruption or be free from viruses or things which may damage your computer, device or data ­— the internet is generally not secure and content and communications may be accessed, intercepted, altered or corrupted in storage or transit;

(c)           we do not promise that any content or other material you access on the Alfred Platform is complete, accurate, reliable or up to date and we reserve the right to correct errors and make changes to the Alfred Platform at any time;

(d)           our liability to you for a breach of a Non-Excludable Right is limited, where it is lawful to do so, to the resupply of the Alfred Platform or paying the cost of resupplying the Alfred Platform.

(e)           we are not liable to you and you release us from liability for any incidental, indirect or consequential loss or damage of any kind, including loss of profits, business, goodwill, data or opportunity, regardless of how it arises;

(f)             our maximum aggregate liability to you in respect of all other loss, damage, cost, expense or claim arising from or in connection with these Terms or the Alfred Platform is limited to $500.00.

12            Indemnity and release

You will indemnify and hold harmless Alfred, its directors, officers, employees, agents, contractors and related companies (each an Indemnified Person) from all loss, damage, costs, expenses, claims, actions and liability suffered or incurred by an Indemnified Person arising from or in connection with:

(a)           your access or use of the Alfred Platform;

(b)           your breach of these Terms; or

(c)           your unlawful or negligent act or omission.

13            Cancellation and suspension

(a)           Because of the nature of the Alfred Platform, we reserve the right to decide who can use it. We may suspend or cancel your account at any time if we consider that:

(i)             you have breached any provision of these Terms;

(ii)            you are the subject of a complaint that we deem to be serious; or

(iii)          suspension or cancellation is necessary to protect the security or safety of any person or the Alfred Platform.

(b)           If we cancel your account, you may not use the Alfred Platform again, whether by creating a new account or using an alternative account, except with our prior written approval.

14            Links

The Alfred Platform may display links to third party websites or materials (including advertisements). Unless stated otherwise:

(a)           we do not control, approve, endorse or sponsor any such websites or materials or their content; and

(b)           we do not provide any warranty or take any responsibility for any aspect of those websites or materials or their content and your use or reliance on them is at your own risk.

15            General

(a)           All notices in connection with these Terms must be in English and sent to our address for service. Our address for service is: Alfred Technologies Pty Ltd, Level 30, 35 Collins Street, Melbourne VIC 3000, Australia.

(b)           You may not assign Your rights under these Terms except with our prior written consent.  We may assign any part of these Terms by written notice to you.

(c)           These Terms and our published policies constitute the entire agreement between the you and us in connection with their subject matter and supersede all previous agreements or understandings.

(d)           If any part of these Terms is invalid or unenforceable it shall be read down to the point of severance and does not affect the validity or enforceability of the remaining provisions.

(e)           Our failure or delay in enforcing a provision of these Terms does not constitute our agreement to any future breach or a waiver of any of our rights.

(f)             These Terms must not be construed to our disadvantage merely because we were responsible for its preparation.

(g)           Our rights, remedies and powers under these Terms are cumulative and not exclusive of any rights, remedies or powers at law.

(h)           Publication of email addresses on the Alfred Platform must not be taken as consent to receive commercial electronic messages.

(i)             This agreement is governed by and is to be construed under the laws of Victoria, Australia. You irrevocably and unconditionally submit to the jurisdiction of the courts of Victoria, Australia, and waive any claim or objection based on absence of jurisdiction or inconvenient forum.

16            Mobile application terms

In addition to the Terms, the following provisions (‘Mobile Terms) apply to your use of the Alfred mobile application (‘Application) downloaded from the Apple App Store and used on an iOS device.

(a)           These Mobile Terms are an agreement between you and Alfred only, and not with Apple. Alfred, and not Apple, is solely responsible for the Application and the content thereof.

(b)           We grant you a non-transferable license to use the Application on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

(c)           Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

(d)           In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

(e)           Apple is not responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

(f)             In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, FAB, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

(g)           You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h)           You must comply with any applicable third party terms of agreement when using the Application.

(i)             You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Mobile Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Mobile Terms against you as a third party beneficiary thereof.

 

 

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