Terms of Use

Easy Munch Pty Ltd is a registered company under the Corporations Act 2001 and is taken to be registered in Victoria, Australia. Easy Munch Pty Ltd (hereafter referred to as “Air Munch”, “we”, “us”, or “our”) provides an online food ordering platform that connects Merchant with Users to offer food and beverage, including homemade food, distributed via the Air Munch platform (collectively, the “Services”), which Services are accessible through its Android app and iOS app (the “App”). Air Munch also operates a website (www.airmunch.com.au) through which some Services may be available (the “Site”). By using the App or the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the App and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and Air Munch. Please read carefully these Terms of Use and our Privacy Policy and which is incorporated by reference into these Terms before downloading our application and or using/accessing the Air Munch Site. By accessing or using the products, services or the Air Munch Site, you have agreed to be bound of these Terms of Use and the Privacy Policy. If you do not agree with the Terms of Use and the Privacy Policy, do not use the app, services, products or the Air Munch Site.

The site, app and services comprise an online platform through which Merchant (defined below) may create postings (defined below) for meals (defined below) and users (defined below) may learn about and reserve food. You understand and agree that Air Munch is not a party to any agreements entered into between merchants and users. Air Munch has no control over the quality of the food, conduct of cooks, users and other users of the site, app and services or any accommodations, and disclaims all liability in this regard.

Changes to Terms

Air Munch reserves the right, at its sole discretion, to modify the Site, App or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the App or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, App or Services after we have posted a modification on the Site or via the App or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services.

Privacy Policy

Privacy Policy under Air Munch governs the use of the information collected from or provided by you at the Air Munch Site. Please see Privacy Policy for further information.

Definition

“Air Munch Content” means all Content that Air Munch makes available through the Site, App, or Services, including any Content licensed from a third party, but excluding Member Content.

“Collective Content” means Member Content and Air Munch Content.

“Content” means text, graphics, images, music, software (excluding the App), audio, video, information or other materials.

“User” or “Customer” means a Member who requests to reserve food via the Site, App or Services, or a Member who consumes food prepared by the Merchant and marketed via Air Munch.

“Register Merchant” or “Merchant” means a Member who prepares and/or serves food via the Site, App or Services.

“Meal” means any food listing offered by a Merchant and available for reservation via the Site, App, or Services.

“Member” means a person who completes Air Munch or Air Munch Site’s account registration process, including, but not limited to Merchant and Customer, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site and App (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, App, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, App, Services, or Collective Content.

You acknowledge and agree that, by accessing or using the site, app or services or by downloading or posting any content from or on the site, via the site, app or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and app. If you do not agree to these terms, then you have no right to access or use the site, app, services, or collective content.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Eligibility

The Site, App and Services are intended solely for persons who are 18 or older. By accessing or using the Site, App or Services you represent and warrant that you are 18 or older. Those under 18 may reserve Air Munch Air Munch or Air Munch Site’s meals when authorized by a parent or guardian over the age of 18.

Scope and the use of Services

Air Munch App and Site is an online technology food ordering platform that allows you to explore, place orders, receive notifications, earn and redeem loyalty rewards and make online payment for food and beverage products (“Merchant Products”) supplied by registered merchants (“Merchants”).

Air Munch App and Site are facilitating the following arrangements to provide service:

You acknowledge and agree that Air Munch or Air Munch App and Site are not:

but acts independently as an intermediary to connect and facilitate the agreement between Registered Merchants, Customers via Air Munch App and Site.

By placing an Order, a Merchant Contract between you and the Registered Merchants is formed and a new Merchant Contract between the Customer and the Registered Merchants is created each time the Customer makes an Order with a Registered Merchants via Air Munch Site.

You acknowledge and agree that Air Munch or Air Munch App and Site are providing you with an online ordering platform to explore, order and purchase Merchants Products from Registered Merchants. Accordingly, Air Munch or Air Munch App and Site do not:

You acknowledge and agree that Orders are subject to:

The provision of the Service does not include the provision of a computer, smartphone, any devices, internet facilities that you might need to access Air Munch App and Site.

How Order is Made and Processed

The Site, App and Services can be used to locate and consume Meals prepared by Merchants. Such Meals are included on the Site, App and Services by Merchants. You may view Meals as an unregistered visitor to the Site, App and Services; however, if you wish to reserve a Meal or create a Meal, you must first register to create an Air Munch App and Site’s Account (defined below).

As stated above, Air Munch makes available a marketplace with related technology for Merchants and Customers to connect online and share Meals. Air Munch is not an owner or operator of food establishments, including, but not limited to, restaurants. Air Munch does not cook or provide food materials for Merchants. Air Munch role is solely to facilitate the availability of Meals. Similarly, Air Munch is not a contracting agent or representative of any Merchant. Instead, Air Munch role is solely to facilitate the availability of the Site, App and Services for Members and to provide services related thereto.

Please note that, as stated above, the site, app and services are intended to be used to facilitate the booking of meals. Air munch cannot and does not control the content contained in any meals and the condition, legality or suitability of any meals. Air munch is not responsible for and disclaims any and all liability related to any and all meals. Accordingly, any bookings will be made at the customer’s own risk.

Account Registration

In order to access certain features of the Site and App, and to book a Meal or create a Meal, you must register to create an account (“Air Munch Account”) and become a Member.

We will create your Air Munch Account and your Air Munch Account profile page for your use of the Site and App based upon the personal information you provide to us. You may not have more than one (1) active Air Munch Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Air Munch reserves the right to suspend or terminate your Air Munch Account and your access to the Site, App and Services if you create more than one (1) Air Munch Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Air Munch Account, whether or not you have authorized such activities or actions. You will immediately notify Air Munch of any unauthorized use of your Air Munch Account.

No Endorsement

Air Munch does not endorse any Members or any Meals. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, App and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Air Munch with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Meals made by you.

Bookings and Financial Terms for Merchants

The fees displayed in each Meal are comprised solely of the Meal Fees (defined below) and Taxes, where applicable, may be charged in addition to the Meal Fees. The Meal Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Customer solely relating to a Merchant’s Meal are the “Meal Fees”. Please note that it is the Merchant and not Air Munch which determines the Meal Fees. Air Munch will collect the Total Fees (Meal Fees and applicable Taxes) at the time of booking confirmation and will remit the Meal Fees to the Merchant two weeks after collection of the Meals by the Customer.

Air Munch charges a fee to Merchants for the creation of Meals, based upon a percentage of applicable Meal Fees, which are “Service Fee”. Service Fees are not included in the Total Fees and is not payable by the Customer. Please note that Air Munch will provide notice of any Meal fee collection via the Site, App and Services, prior to implementing such a Meal fee feature.

Bookings and Financial Terms for Customers

The Merchants, not Air Munch, are solely responsible for honouring any confirmed bookings and making available any Meals reserved through the Site, App and Services. If you, as a Customer, choose to enter into a transaction with a Merchant for the booking of a Meal, you agree and understand that you have entered into an agreement with the Merchant and you agree to accept any terms, conditions, rules and restrictions associated with such Meal outlined by the Merchant in the posting of the Meal. You acknowledge and agree that you, and not Air Munch, will be responsible for performing the obligations of any such agreements, and Air Munch is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

If a requested booking is cancelled by the Merchant, any amounts collected by Air Munch will be refunded to such Customer upon receipt of refund request via Air Munch Site.

You agree to pay Air Munch for the Total Fees for any booking requested in connection with your Air Munch Account if such requested bookings are confirmed. In order to establish a booking and obtain confirmation of your requested booking, you understand and agree that Air Munch will charge your credit card for the Total Fees. Please note that Air Munch cannot control any fees that may be charged to a Customer by his or her bank or financial institution related to Air Munch collection of the Total Fees, and Air Munch disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Air Munch’s third-party online payment processor. You agree to pay Air Munch for any confirmed bookings made in connection with your Air Munch Account in accordance with these Terms by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Air Munch or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or App. If you are directed to Air Munch’s third-party online payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will see the status displayed as “ Order Accepted”.

Cancellations and Refunds

Customers cannot cancel their bookings once the order is placed and accepted. However, customer still can call the Merchant to cancel the booking if the Merchant is willing to cancel the order.

If a Merchant unable to provide the meals ordered by the Customer via Site, Services, and App, Air Munch will refund the Total Fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation. To request for the Total Fees refund, the Customer can submit the request form available within the Site, App and Services within 96 hours from the pick-up time. In the case of a refund, the Merchant will be liable to refund the associated Meal fees and any transaction fees (mentioned under “Service Fees” above) incurred for the refund.

Customer Loyalty Stamps and Redemption

Customer is entitled to redeem a free product from the same Merchant in the next order/purchase after a designated number of purchases at the same Merchant for relevant Category via Air Munch’s App or Site only.

The redemption of a free product is based the Basic Gross Price of the product. Additional costs will be incurred by Customer if Customer choose to add on to the base product.

Customer is entitled to a digital loyalty stamp once the Customer has paid for the Order as well as Merchant has completed the Order which will happen at a stage with status “Ready to Pick-Up”.

Member Conduct

In connection with your use of our Site, App and Services, you may not and you agree that you will not:

Air Munch will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Air Munch may involve and cooperate with law enforcement authorities in prosecuting Customers who violate these Terms. You acknowledge that Air Munch has no obligation to monitor your access to or use of the Site, App, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, App and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Air Munch reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Air Munch, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Air Munch cannot and does not offer Tax-related advice to any Members of the Site, App and Services. Additionally, please note that each Merchant is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Meals.

Air Munch Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Air Munch grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Air Munch Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, App, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Air Munch or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, App and Services, you hereby grant to Air Munch a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site, App and Services. Air Munch does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to Air Munch the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Air Munch or Air Munch Site’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, App and Services may contain links to third-party websites or resources. You acknowledge and agree that Air Munch is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Air Munch of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Ownership

The Site, App, Services, and Collective Content are protected by copyright, trademark, and other laws of the Australia and foreign countries. You acknowledge and agree that the Site, App, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Air Munch and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App, Services, or Collective Content.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Air Munch used herein are trademarks or registered trademarks of Air Munch. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, App and Services (“Feedback”). You may submit Feedback by emailing us at feedback@airmunch.com.au section of the Site and App. You acknowledge and agree that all Feedback will be the sole and exclusive property of Air Munch and you hereby irrevocably assign to Air Munch and agree to irrevocably assign to Air Munch all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Air Munch’s request and expense, you will execute documents and take such further acts as Air Munch may reasonably request to assist Air Munch to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Termination and Air Munch Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, App and Services, and (b) deactivate or cancel your Air Munch Account. Upon termination we will pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Air Munch terminates these Terms, or your access to our Site, App and Services or deactivates or cancels your Air Munch Account you will remain liable for all amounts due hereunder. You may cancel your Air Munch Account at any time by sending an email to admin@airmunch.com.au. Please note that if your Air Munch Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, App and Services, including, but not limited to, any reviews or Feedback.

Copyright Policy

Air Munch respects copyright law and expects its users to do the same. It is Air Munch’s policy to terminate in appropriate circumstances the Air Munch Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Disclaimers

If you choose to use the site, app, services, you do so at your sole risk. You acknowledge and agree that air munch does not conduct background checks on any member, including, but not limited to, users and merchants. The site, app, services, and collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, air munch explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Air Munch or Air Munch Site makes no warranty that the site, app, services, collective content, including, but not limited to, the meals will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Air munch makes no warranty regarding the quality of any meals, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, app, or services.

No advice or information, whether oral or written, obtained from air munch or through the site, app, services or collective content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the site, app or services and with other persons with whom you communicate or interact as a result of your use of the site, app or services, including, but not limited to, any merchants or users. You understand that air munch does not make any attempt to verify the statements of users of the site, app or services or to review or visit any merchants. Air munch makes no representations or warranties as to the conduct of users of the site, app or services or their compatibility with any current or future users of the site, app or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, app or services and with other persons with whom you communicate or interact as a result of your use of the site, app or services, including, but not limited to, users and merchants, particularly if you decide to meet offline or in person.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, app, services and collective content, and your meal or booking of any meals via the site, app and services remains with you. Neither merchants nor any other party involved in creating, producing, or delivering the site, app, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, app, services or collective content, from any communications, interactions or meetings with other users of the site, app, or services or other persons with whom you communicate or interact as a result of your use of the site, app, services, or from your meal, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Air Munch or Air Munch Site has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will merchants’ aggregate liability arising out of or in connection with these terms and your use of the site, app and services including, but not limited to, from your meal, or from the use of or inability to use the site, app, services, or collective content, exceed the amounts you have paid or owe for bookings via the site, app and services as a user in the twelve (12) month period prior to the event giving rise to the liability, or if you are a merchant, the amounts paid by merchants to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between merchants and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Air Munch’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Air Munch may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Air Munch (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Reporting Misconduct

If the Merchant or User is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Air Munch by contacting us with your police station and report number at admin@airmunch.com.au; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Indemnification

You agree to release, defend, indemnify, and hold Air Munch and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, App, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Meal, (iii) creation of a Meal or (iv) the use, condition or rental of a Meal by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Meal.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Air Munch and you regarding the Site, App, Services, Collective Content, and any bookings of Meals made via the Site, App and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Air Munch or Air Munch Site and you regarding bookings of Meals, the Site, App, Services, and Collective Content.

Controlling Law and Jurisdiction

Any claim relating to Air Munch or its use thereof will be governed by and interpreted in accordance with the laws of Australia without reference to its conflict-of-laws principles. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.

General

The failure of Air Munch to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Air Munch. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Air Munch

If you have any questions about these Terms, please contact Air Munch at admin@airmunch.com.au.



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