1 INTRODUCTION
(a) These terms and conditions (Terms) apply when you use this website,www.deliverykings.com.au (Website).
(a) You agree to be bound by these Terms which form a binding contractual agreementbetween you and us, Delivery Kings Pty Ltd ABN 31 652 864 803 (“we”, “us”, or “our”).(b) If you don’t agree to these Terms, you must refrain from using the Website.(c) We may change these Terms at any time by updating this page of the Website, and yourcontinued use of the Website following such an update will represent an agreement byyou to be bound by the Terms as amended.
2 ACCESS AND USE OF THE WEBSITE You must only use the Website in accordance with these Terms and any applicable laws, and mustensure that your employees, sub-contractors and any other agents who use or access the Websitecomply with the Terms and any applicable laws.
3 YOUR OBLIGATIONS You must not:(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile anypart or aspect of the Website without our express consent;(b) use the Website for any purpose other than the purposes of browsing, selecting orpurchasing goods;(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitatesillegal or fraudulent activity;(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or createundue burden on the Website or the servers or networks that host the Website;(e) use the Website with the assistance of any automated scripting tool or software;(f) act in a way that may diminish or adversely impact our reputation, including by linking tothe Website on any other website; and(g) attempt to breach the security of the Website, or otherwise interfere with the normalfunctions of the Website, including by:(i) gaining unauthorised access to Website accounts or data;(ii) scanning, probing or testing the Website for security vulnerabilities;(iii) overloading, flooding, mailbombing, crashing or submitting a virus to theWebsite; or(iv) instigate or participate in a denial-of-service attack against the Website.
4 INFORMATION ON THE WEBSITE While we make every effort to ensure that the information on the Website is as up-to-date andaccurate as possible, you acknowledge and agree that we do not (to the maximum extent permittedby law) guarantee that:(a) the Website will be free from errors or defects; (b) the Website will be accessible at all times;(c) messages sent through the Website will be delivered promptly, or delivered at all; (d) information you receive or supply through the Website will be secure or confidential; or(e) any information provided through the Website is accurate or true.We reserve the right to change any information or functionality on the Website by updating theWebsite at any time without notice, including product descriptions, prices and other WebsiteContent.
5 INTELLECTUAL PROPERTY (a) We retain ownership of the Website and all materials on the Website (including text,graphics, logos, design, icons, images, sound and video recordings, pricing, downloadsand software) (Website Content) and reserves all rights in any intellectual property rightsowned or licensed by us not expressly granted to you.(b) You may make a temporary electronic copy of all or part of the Website for the solepurpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell,modify or publish the Website or any Website Content without our prior written consent oras permitted by law.
6 LINKS TO OTHER WEBSITES (a) The Website may contain links to other websites that are not our responsibility. We haveno control over the content of the linked websites and we are not responsible for it.(b) Inclusion of any linked website on the Website does not imply our approval orendorsement of the linked website.
7 SECURITY We do not accept responsibility for loss or damage to computer systems, mobile phones or otherelectronic devices arising in connection with use of the Website. You should take your ownprecautions to ensure that the process that you employ for accessing the Website does not exposeyou to risk of viruses, malicious computer code or other forms of interference.
8 REPORTING MISUSE If you become aware of misuse of the Website by any person, any errors in the material on theWebsite or any difficulty in accessing or using the Website, please contact us immediately usingthe contact details or form provided on our Website.
9 PRIVACY You agree to be bound by our Privacy Policy, which can be found<www.deliverykings.com.au/websitetermsandconditions>.
10 LIABILITY We make no warranties or representations about this Website or any of its content and will not beresponsible to you or any third party for any direct or consequential loss suffered in connection withthe use of this Website. To the maximum extent permitted by law, we exclude any liability that mayarise due to your use of our Website and/or the information or materials contained on it. You agreeto indemnify us for any loss or liability arising out of your use of this Website.
11 GENERAL
11.1 GOVERNING LAW AND JURISDICTION This agreement is governed by the law applying in New South Wales. Each party irrevocablysubmits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal fromthem in respect of any proceedings arising out of or in connection with this agreement. Each partyirrevocably waives any objection to the venue of any legal process on the basis that the processhas been brought in an inconvenient forum.
11.2 WAIVER No party to this agreement may rely on the words or conduct of any other party as a waiver of anyright unless the waiver is in writing and signed by the party granting the waiver.
11.3 SEVERANCE Any term of this agreement which is wholly or partially void or unenforceable is severed to theextent that it is void or unenforceable. The validity and enforceability of the remainder of thisagreement is not limited or otherwise affected.11.4 JOINT AND SEVERAL LIABILITYAn obligation or a liability assumed by, or a right conferred on, two or more persons binds orbenefits them jointly and severally.
11.5 ASSIGNMENTA party cannot assign, novate or otherwise transfer any of its rights or obligations under thisagreement without the prior written consent of the other party.
11.6 ENTIRE AGREEMENTThis agreement embodies the entire agreement between the parties and supersedes any priornegotiation, conduct, arrangement, understanding or agreement, express or implied, in relation tothe subject matter of this agreement.
11.7 INTERPRETATION(a) (singular and plural) words in the singular includes the plural (and vice versa);(b) (gender) words indicating a gender includes the corresponding words of any othergender;(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speechor grammatical form of that word or phrase has a corresponding meaning;(d) (person) a reference to “person” or “you” includes an individual, the estate of anindividual, a corporation, an authority, an association, consortium or joint venture(whether incorporated or unincorporated), a partnership, a trust and any other entity;(e) (party) a reference to a party includes that party’s executors, administrators, successorsand permitted assigns, including persons taking by way of novation and, in the case of atrustee, includes any substituted or additional trustee;(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachmentor annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment orannexure to or of this agreement, and a reference to this agreement includes allschedules, exhibits, attachments and annexures to it;(g) (document) a reference to a document (including this agreement) is to that document asvaried, novated, ratified or replaced from time to time;(h) (headings) headings and words in bold type are for convenience only and do not affectinterpretation;(i) (includes) the word “includes” and similar words in any form is not a word of limitation;(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to aparty because that party was responsible for the preparation of this agreement or thatprovision; and(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreedin writing.
