TERMS OF USE (MOBILE APP)

1. TERMS OF USE

By downloading, browsing, accessing or using Wildbreads Ordering application (Mobile Application), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Wildbreads Ordering Application and your use of the services offered on the Mobile Application. Continued use of the Wildbreads Ordering Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

2. DEFINITIONS

In these Terms and Conditions of Use, the following bolded terms shall have the following meanings, except where the context otherwise requires:

Account means an account created by a User on the Wildbreads Ordering Application as part of Registration.

Wildbreads refers to the entity whose products or Samples can be purchased and/or redeemed (as the case may be) via the Wildbreads Ordering Application.

Privacy Policy means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.

Redeem means to redeem Wildbreads products or Samples on these Terms and Conditions of Use and

Redemption means the act of redeeming such products or Samples.

Register means to create an Account on the Wildbreads Ordering Application and Registration means the act of creating such an Account.

Samples means samples of Wildbreads products and/or services, including without limitation, any vouchers for the redemption of such services, and Sample means any one of them.

Products means all the Products provided by Wildbreads via the Wildbreads Ordering Application to Users, and Product means any one of them,

Users means users of the Wildbreads Ordering Application, including you and User means any one of them.

3. GENERAL ISSUES ABOUT THE WILDBREADS ORDERING APPLICATION AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or the Wildbreads Ordering Application and the making of any Orders are subject to these Terms and Conditions of Use.

3.2 Location: The Wildbreads Ordering Application, the Services and any Orders are intended solely for use by Users who access the Wildbreads Ordering Application in Australia. We make no representation that the products (or any services) are available or otherwise suitable for use outside of Australia. Notwithstanding the above, if you access the Wildbreads Ordering Application, use the Services or make any Orders from locations outside Australia, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

3.3 Prevention on use: We reserve the right to prevent you from using the Wildbreads Ordering Application and the Service (or any part of them) and to prevent you from making any orders.

3.4 Equipment and Networks: The provision of the Wildbreads Ordering Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Wildbreads Ordering Application or the Services or make any Orders. To use the Wildbreads Ordering Application or Services or to make Orders, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (Mobile Provider) will continue to apply when using the Wildbreads Ordering Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Wildbreads Ordering Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3.5 Permission to use Wildbreads Ordering Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Wildbreads Ordering application, you will be assumed to have received permission from the bill payer for using the Wildbreads Ordering Application.

4. ORDERS

4.1 Need for registration: You must Register to make an Order from the Wildbreads Ordering Application.

4.2 Application of these Terms and Conditions of Use: By making any Orders, you acknowledge that the Order is subject to these Terms and Conditions of Use.

4.3 Order: Any attempted Order not consistent with these Terms and Conditions of Use may be disallowed or rendered void at our or the relevant Wildbreads discretion.

4.4 Restrictions:
(a) Reproduction of any products or Samples or Ordered products is prohibited.
(b) If any product or Sample is Ordered for less than its face value, there is no entitlement to a credit, cash or Sample equal to the difference between the face value and the amount Ordered.
(c) Ordering of products or Samples is subject to availability of the Wildbreads stocks.

4.5 Lost/stolen Products/Samples: Wildbreads shall not be responsible for lost or stolen Samples or products that have been Delivered.

5. LOCATION ALERTS AND NOTIFICATIONS

5.1 You agree to receive pre-programmed notifications (Location Alerts) on the Wildbreads Ordering Application from Wildbreads if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).

6. YOUR OBLIGATIONS

6.1 Wildbreads terms: You agree to (and shall) abide by the terms and conditions of stipulated in this Terms of Use, as may be amended from time to time.

6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

6.3 Content on the Wildbreads Ordering Application and Service: It is your responsibility to ensure that any products, Samples or information available through the Wildbreads Ordering Application or the Services meet your specific requirements before making any Order.

6.4 Prohibitions in relation to usage of Wildbreads Ordering Application: Without limitation, you undertake not to use or permit anyone else to use the Wildbreads Ordering Application:

6.4.1 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, copyright, rights of personality, publicity or privacy or any other third party rights;

6.4.2 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

6.4.3 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

6.4.4 for a purpose other than which we have designed them or intended them to be used;

6.4.5 for any fraudulent purpose;

6.4.6 other than in conformance with accepted Internet practices and practices of any connected networks;

6.4.7 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.

6.5 Prohibitions in relation to usage of Wildbreads Ordering Application: Without limitation, you further undertake not to or permit anyone else to:-

6.5.1 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;

6.5.2 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

6.5.3 execute any form of network monitoring which will intercept data not intended for you;

6.5.4 enter into fraudulent interactions or transactions with Wildbreads (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

6.5.5 extract data from or hack into the Wildbreads Ordering Application;

6.5.6 use the Wildbreads Ordering Application in breach of these Terms and Conditions of Use;

6.5.7 engage in any unlawful activity in connection with the use of the Wildbreads Ordering Application or the Services; or

6.5.8 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Wildbreads Ordering Application.

7. RULES ABOUT USE OF THE SERVICE AND THE WILDBREADS ORDERING APPLICATION

7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Wildbreads Ordering Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at +61 7 3251 5500.

7.2 We do not warrant that your use of Wildbreads Ordering Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Wildbreads Ordering Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Wildbreads Ordering Application, access to the Wildbreads Ordering Application may be suspended, restricted or terminated at any time.

7.3 We do not give any warranty that the Wildbreads Ordering Application are free from viruses or anything else which may have a harmful effect on any technology.

7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information on the Wildbreads Ordering Application from time to time. Your access to the Wildbreads Ordering Application may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information from the Wildbreads Ordering Application at any time.

7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

8. SUSPENSION AND TERMINATION

8.1 If you use (or anyone other than you, with your permission uses) the Wildbreads Ordering Application, in contravention of these Terms and Conditions of Use, we may suspend your use of Wildbreads Ordering Application.

8.2 If we suspend the Wildbreads Ordering Application, we may refuse to restore the Wildbreads Ordering Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

8.3 Wildbreads Pty Ltd shall fully co-operate with any law enforcement authorities or court order requesting or directing Wildbreads Pty Ltd to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.

8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to:
(a) suspend the Wildbreads Ordering Application;
(b) suspend your use of the Wildbreads Ordering Application; and/or
(c) suspend the use of the Wildbreads Ordering Application for persons we believe to be connected (in whatever manner) to you, if:

8.4.1 you commit any breach of these Terms and Conditions of Use;

8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or

8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

9.DISCLAIMER AND EXCLUSION OF LIABILITY

9.1 The Wildbreads Ordering Application, the information on the Wildbreads Ordering Application and use of all related facilities are provided on an as is, as available basis without any
warranties whether express or implied.

9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Wildbreads Ordering Application and its contents, including in relation to any inaccuracies or omissions in the Wildbreads Ordering Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

9.3 We do not warrant that the Wildbreads Ordering Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Wildbreads Ordering Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Wildbreads Ordering Application, we make no warranties or representations as to its accuracy, timeliness or completeness.

9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Wildbreads Ordering Application and the services offered in the mobile application, your access to, use of or inability to use the Wildbreads Ordering Application, reliance on or downloading from the Wildbreads Ordering Application, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Wildbreads Ordering Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Wildbreads Ordering Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

10. INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of
(a) your use of the Wildbreads Ordering Application,
(b) any other party’s use of the Wildbreads Ordering Application using your user ID, verification PIN and/or any identifier allocated by Wildbreads Pty Ltd, and/or
(c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Wildbreads Ordering Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

11.2 Nothing contained on the Wildbreads Ordering Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Wildbreads Ordering Application without our written permission. Misuse of any trademarks or any other content displayed on the Wildbreads Ordering Application is prohibited.

11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

12. AMENDMENTS

12.1 We may periodically make changes to the contents of the Wildbreads Ordering Application, including to the descriptions and prices of goods advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Wildbreads Ordering Application.

12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Wildbreads Ordering Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

13. APPLICABLE LAW AND JURISDICTION

13.1 The Wildbreads Ordering Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Wildbreads Ordering Application both you and we agree that the laws of the State of Queensland, part of the Commonwealth of Australia, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Wildbreads Ordering Application.

13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the State of Queensland, part of the Commonwealth of Australia in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

14. PRIVACY POLICY

14.1 Access to the Wildbreads Ordering Application and use of the goods offered on the Wildbreads Ordering Application by Wildbreads Pty Ltd and/or its group of companies is subject to this Privacy Policy. By accessing the Wildbreads Ordering Application and by continuing to use the goods offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your organisation’s information in the manner prescribed in this Privacy Policy and for the purposes set out in Clauses 3.7 and/or 4.1. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Wildbreads Ordering and your use of the goods.

14.2 As part of the normal operation of our Services, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your organisation’s information when you use the Services on the Wildbreads Ordering Application:

(a) Before or at the time of collecting your organisation’s information, we will identify the purposes for which information is being collected.

(b) We will collect and use of your organisation’s information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

(d) We will collect your organisation’s information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

(e) Your organisation’s information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

(f) We will protect your organisation’s information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of your organisation’s information is protected and maintained.