In these Terms, 'us', 'we' and 'our' means Hampr.
Hampr is a marketplace to connect restaurants with customers looking to Order food for their office, events or other catering purposes.
Hampr signs up individual restaurants, negotiates a unique menu to list on the Website and arranges independent couriers to deliver the food to the Customer.
Hampr will generally arrange for an independent courier to pick up the food from the restaurant and deliver it to the Customer. In some instances the Restaurant will deliver the food directly to the Customer.
Hampr provides software tools to both customers and Partners that can be used to support Order purchasing and management.
By using this service, you agree to be bound by these Terms.
Means Australian Consumer Law.
Means customers who order food through the Website.
Means food items and other items listed on our Website which are available to purchase.
Means partner restaurants who have a menu listed on the Website.
Means an order placed by a Customer through the Website for one or more Items from a Restaurant.
Means the Hampr Website located at www.hampr.com.au
You may need to be a registered user to access certain parts of our Website.
When you register and activate your account you are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must:
be over the age of 18;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the Website in accordance with these Terms.
We may disclose that information to third parties that help us deliver our services (including information technology companies, couriers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.
The information on our Website is general in nature and should not be relied upon.
The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).
Your use of this Website, platform and content does not grant or transfer any rights, title or interest to you in relation to this Website, platform or Content. However, we do grant you a licence to access the Website, platform and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this Website, platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using this Website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this Website, the platform or any Content, or restrict you from ordering Items through the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website, platform and/or the information or materials contained on it, or as a result of the inaccessibility of this Website, platform, or supply of Orders or Items from the Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Hampr makes no warranty about the Quality of the Restaurants or Items listed on the Website.
Hampr will list Items from partner Restaurants on the Website.
The prices displayed for Items will be on a per person basis unless otherwise stated.
Prices include GST.
The delivery charge is included in the price in most instances, however there may be a delivery charge for certain restaurants which will be shown separately at checkout.
We will endeavour to ensure that Items ordered can be supplied by our Restaurants but you agree that from time to time our partner Restaurant may not be able to fulfil the order.
Your Order will be confirmed via email that is has been accepted by our partner Restaurant.
If a partner Restaurant cannot fulfil an Order, we will contact you and to try source a replacement meal of equal or greater value.
Hampr does not take responsibility for any meals prepared by our partner Restaurants. Hampr only acts as a platform to connect you with our partner Restaurants and does not endorse, take responsibility for or guarantee the quality, timeliness or availability of Items from our partner Restaurants.
It is your responsibility to provide accurate and timely information including your delivery address and contact details. Hampr will not be held responsible for any loss or damage caused by incomplete or incorrect information supplied by the customer.
Payment can be made via credit card, PayPal or other merchant services as listed at checkout. Hampr collects the money from the Customer and then passes it on to the partner Restaurant less any fees and other expenses. Our partner Restaurants authorise us to collect payments on their behalf.
Orders can be cancelled up to 48 hours before the stated delivery time with a full and complete refund. We reserve the right not to refund, or refund partially any Order cancelled within 48 hours of delivery.
Hampr acts as a platform to connect you with our partner Restaurants.
Hampr uses third party couriers to pick up Orders from Restaurants and deliver them to Customers.
The parties acknowledge and agree that Hampr is not a party to any dealings, transactions or Orders between Customers, Restaurants and couriers.
You agree that you will not hold Hampr responsible for any damage caused directly or indirectly by transactions which originated through Hampr. Hampr makes no representations or warranties in relation to Restaurants.
Customers will at all times indemnify Hampr and its officers, employees and agents from any loss or liability incurred or suffered which was caused by:
a breach by that Customer of its obligations under this agreement; or
any wilful, unlawful or negligent act or omission of that Customer.
Restaurants will at all times indemnify Hampr and its officers, employees and agents from any loss or liability incurred or suffered which was caused by:
a breach by that Restaurant of its obligations under this agreement;
any wilful, unlawful or negligent act or omission of that Restaurant; or
any goods or services that are supplied to a Customer by that Restaurant.
Some of the Restaurants on the Website may serve alcohol or Items containing alcohol. Alcohol can only be sold to persons who are 18 years of age or older. By ordering alcohol you confirm that you are 18 years of age or older and that you will provide a valid photo ID on delivery to prove as such. Any persons who cannot provide valid ID or verification of age will be refused service.
Under the Liquor Control Reform Act 1998 it is an offence to supply alcohol to a person under the age of 18 years or for a person under the age of 18 years to purchase or receive liquor.
Hampr will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control, including but not limited to
acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
Your use of the Website and these Terms are governed by the law of New South Wales (NSW) and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in NSW.