Terms and conditions

Welcome to Foodtrucker! Foodtrucker is owned and operated by Foodtrucker Pty Ltd.These are the terms and conditions for:

By using the website and registering as a user, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website” and “platform” refer to the Foodtrucker website, “we”, “us”, “our” and “Foodtrucker” refer to Foodtrucker and “you” and “user” refer to you, the user of Foodtrucker.The following terms and conditions apply to your use of the website. This includes mobile and tablet versions, as well as any other version of Foodtrucker accessible via desktop, mobile, tablet, social media or other devices.PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES FROM THE WEBSITE.

Article 1. Definition

Foodtrucker: Foodtrucker Pty Ltd (hereinafter “Foodtrucker”) ACN:661 376 263, and ABN:29 661 376 263 is the company providing the platform or website.
Website (https://www.foodtrucker.com.au): The website where users can register, post their business (food trucks), search for food trucks and book services and submit requests to businesses.
Platform: refers to the Foodtrucker website where users can register, publish their business (food trucks), search for food trucks and book services and send requests to businesses.
Businesses: refers to food trucks that register on the platform for the purpose of publishing their business on the platform, appearing in users’ searches and receiving bookings and requests from users.
Food Trucks: refers to the businesses that can be registered on the platform, which can be food van, tailer, cart, or marquees.
Users: Refers to any user that visits the website, registers on the platform, uses the functionalities available on the platform, searches for food trucks and events, and books services and sends requests to businesses.
User content: the content and information provided by businesses and users through the use of the platform.

2. ACCEPTANCE OF TERMSThis agreement sets forth legally binding terms for your use of Foodtrucker. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the website. You agree to be bound by any modification to these terms and conditions when you use Foodtrucker after any such modification is posted; it is therefore important that you review this agreement regularly.You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the website does not violate any applicable law or regulation. Foodtrucker may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.The website may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.By registering and using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

3. AGE RESTRICTIONS Use of the platform is prohibited for children under the age of 13. In the case of minors under the age of 18 and over the age of 13, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available on the platform is appropriate for their child or ward. Children under the age of 18 and over the age of 13 need parental authorisation to use the platform. Foodtrucker reserves the right to make the necessary verifications.

4. BUSINESSES4.1. Registration If you wish to become a business user to offer and advertise Food Trucks or Food Truck events through the website for the purpose of receiving bookings or requests from other users, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the website as a Business, you represent that you are of legal age to form a binding contract under any applicable jurisdiction and that you have the necessary ownership or licenses to post the Food Truck or events on the website. You agree to provide true, accurate, current and complete information about yourself, your business and your services as prompted by the registration form available on Foodtrucker, and to maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Foodtrucker reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any part thereof) at any time without notice.Users may share personal and commercial information through the website with other users. Any information that users share through the website is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. Foodtrucker is not responsible for the information posted and shared through the website. The information you provide and post through the website may be visible to the general public.

4.2. Account If you register on Foodtrucker, you will be asked to choose a password, and you may be asked for additional information about your account such as your email address. Users will also be able to register and log in through their social media accounts. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Foodtrucker of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorisation from Foodtrucker. Foodtrucker will not be liable for any loss or damage arising from your failure to comply with this agreement.By providing Foodtrucker with your email address, you consent to our use of your email address to send you notices and communications about the website. We may also use your e-mail address to send you notifications and other messages, such as changes to website features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your removal request through our contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails about updates, news or special content. Users may cancel their accounts at any time and for any reason by following the instructions on the website or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Foodtrucker.Foodtrucker reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Foodtrucker believes that you have violated any of these terms, provided Foodtrucker with false or misleading information, or interfered with another user’s use of the website or service.

4.3. Subscriptions Users will be able to use the platform and publish businesses through a free subscription or through different paid subscriptions, which will allow the user to access premium functionalities within the platform. Paid subscriptions will have a free trial period before moving to the billing period. Users will be able to test the functionalities of the paid subscriptions through the trial period of the subscription. Once the trial period is over, the subscription period will start and the subscription will be charged accordingly. During the trial period the user may cancel the trial period at any time and no charge will be made. If the user cancels the trial period, the user may continue to use the platform through the free subscription.When a user purchases a subscription, Foodtrucker will send a confirmation email. This confirmation email will be produced automatically so that the user will have confirmation of the payment and the start of the subscription. If the user does not receive the email confirmation of the purchase and the start of the subscription, it is possible that it has been sent to your spam folder.Foodtrucker may cancel the sale of any subscription and may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription purchase is cancelled, the payment made for the subscription will be refunded in the applicable billing period. This does not affect your statutory rights.Subscriptions include automatic recurring payments. Unless it is a free subscription, subscriptions will be billed monthly. You authorise Foodtrucker to renew your subscription and to charge you periodically and progressively on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment. On the corresponding billing date, you will automatically be charged the corresponding subscription fee. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.Subscriptions will automatically renew for an additional period unless cancelled prior to the next billing period. To cancel subscriptions, users must submit a cancellation request through our contact information and the subscription will be cancelled for the next billing period. If a subscription is cancelled, the user may continue to use the website payment features for the subscription until the next billing period, at which time the subscription and access to the website payment features will be cancelled.

4.4. Payments Subscriptions may be paid through Stripe (payment processor available on the website). The subscription payment will be charged to your credit/debit card immediately after completing the subscription payment and registration process. The subscription will be activated upon completion of the payment and registration process and will be charged on each billing date automatically. Once the transaction is processed, we will send an electronic receipt to the user’s email address. If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment platform.If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. Foodtrucker reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the subscriptions.

4.5. User Content Businesses may provide and upload content and information through the platform. Businesses retain any copyrights or other rights they may have in the content and information they provide through the website. Foodtrucker is not responsible for the accuracy, safety or legality of the content posted on the website by the Businesses. The Business is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the website, the Business grants Foodtrucker a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, perform, reproduce and modify the content of the Business for the sole purpose of using and displaying it within the platform and to the general public.

4.6. User Content Representations and Warranties Foodtrucker disclaims all liability in connection with the content of the Businesses. Businesses are solely and exclusively responsible for their content and the consequences of providing content through the platform. By providing and uploading content through the platform, you affirm, represent and warrant that:a) You are the owner of the content you provide through the website, or have the necessary licenses, rights, consents and permissions to authorise Foodtrucker to publish and display your content through the website.b) Your user content, and the use of your user content as contemplated by these terms, does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes Foodtrucker to violate any law or regulation.c) Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.d) Your content does not and will not contain hateful content, threat of physical harm or harassment.

4.7. User Content Disclaimer Foodtrucker may, at any time and without prior notice, filter, remove, edit or block any user content that, in our judgment, violates these terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that Foodtrucker reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Foodtrucker decides to monitor content, Foodtrucker continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy.

5. USERS5.1. Account If you register on Foodtrucker, you will be asked to choose a password, and you may be asked for additional information about your account such as an email address. Users will also be able to register and log in through their social media accounts. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Foodtrucker of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorisation from Foodtrucker. Foodtrucker will not be liable for any loss or damage arising from your failure to comply with this agreement.By providing Foodtrucker with your email address, you consent to our use of your email address to send you notices and communications about the website. We may also use your e-mail address to send you notifications and other messages, such as changes to website features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your removal request through our contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails about updates, news or special content. Users may cancel their accounts at any time and for any reason by following the instructions on the website or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Foodtrucker.Foodtrucker reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Foodtrucker believes that you have breached any of these terms, furnished Foodtrucker with false or misleading information, or interfered with use of the website or the service by others.

5.2. Bookings and Requests Users can search for food trucks or events through the platform or post a request so that the businesses (food trucks) can respond to such request and provide the services. Users can book services through the website in the profile of each business (food truck or food truck event). Please check the specifications of the services and the availability of the dates and times of the businesses before booking. Please note that responses to inquiries, reservations or any agreements or business conducted between businesses and users are the sole responsibility of the users and the businesses. Foodtrucker is not involved in any transactions or agreements between businesses and users.

6. DISCLAIMER The content and services published and offered by the Businesses through the website are not offered or provided by Foodtrucker. Foodtrucker’s services are limited to providing the website to offer and publish such content and services. Foodtrucker is at no time responsible for the content or services offered and published by Businesses on the website.Foodtrucker is not responsible for the accuracy, safety or legality of the content and services offered by the Businesses on the website. Foodtrucker makes no representations about the content published and offered through the website by Businesses. The booking and contracting of the services published and offered by the Businesses on the website is the sole and exclusive responsibility of the Users.Any business conducted between the user and the owners of the food trucks is the sole and exclusive responsibility of the Businesses and the Users. Foodtrucker does not participate in or take part in any negotiations or transactions for the hiring of services from the businesses or for the sale and purchase of the food trucks displayed on the website.Disputes arising between users shall be resolved by the users themselves. Foodtrucker does not accept any claim in relation to the services and content published and offered on the website by the Businesses.Foodtrucker is not liable for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the website. The communications and relationships established between users as a result of any connection within the website are the sole and exclusive responsibility of the users.In the event that one or more users or any third party initiates any type of claim or legal action against another or other users, each and every one of the users involved in such claims or actions exempt Foodtrucker from any liability.

7. THIRD-PARTY MATERIALS. “Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

8. ADVERTISING Through the website, Foodtrucker may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, Foodtrucker does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.

9. LICENSE TO USE THE PLATFORM Foodtrucker gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by Foodtrucker as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Foodtrucker, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.The user agrees not to use the website and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Foodtrucker website or third parties.This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content (6) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (7) distribute intellectual property without ownership or a license to distribute such property (8) Breach, in any way, the terms of service, privacy policy or rules of this website or the recipients.Foodtrucker reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Foodtrucker believes that you have violated any of these terms or interfered with the use of the website or service by others.

10. COPYRIGHT The content provided and published by the Businesses through the platform belongs to the Businesses. The copyright and intellectual property rights of the content provided by the Businesses belong to the users who authorise Foodtrucker to publish such content on the website. Please do not copy or use such content without the respective authorisation of the respective business that owns the content.All materials on Foodtrucker, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Foodtrucker or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Foodtrucker are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Foodtrucker prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Foodtrucker or any part of the material for any purpose other than its intended purposes is strictly prohibited.

11. COPYRIGHT INFRINGEMENT

Foodtrucker will respond to all inquiries, complaints and claims regarding alleged infringement by breach or violation of the provisions contained in Australian and international copyright regulations. Foodtrucker respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please submit your request to us via our contact information, with the following information:

Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that Foodtrucker can find it on the website. Note that providing a top-level URL is not sufficient.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner’s behalf.

Upon receipt of a copyright infringement request, Foodtrucker will contact the allegedly infringing user so that the user can respond to the copyright infringement request. Responses to copyright infringement requests must contain the following:

The physical or electronic signature of the user.
The identification of the content that has been removed or the place where the content was posted.
A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.
The name, address and telephone number of the user.
A statement that the user consents to the jurisdiction of the court in which the user is located.

In the event that the alleged infringing user fails to respond to the copyright infringement request and the alleged copyright owner is able to satisfactorily prove ownership of such copyright in the content and requests removal of such content from the website, Foodtrucker will remove the content from the website immediately.All copyright infringement requests and responses may be submitted through our contact information.

12. PERSONAL DATA Any personal information you post or submit in connection with the services and use of the website will be used in accordance with our privacy policy. Please see our privacy policy.

13. THIRD PARTY BUSINESS INFORMATION Foodtrucker may include business information (food trucks and events) found on social networks in its directory or business listing to display them through user searches for the sole and exclusive purpose of displaying food trucks and events near the user’s location. In cases where the owner of the information or business claims or requests the removal of the information from the platform, the respective business information will be removed from the platform and the business will no longer appear in user searches. The information that Foodtrucker collects from third parties is the name of the food truck or business concerned, its location, logo published on social networks, phone and mail. The information collected from businesses is public information collected from social media posts.

14. PROHIBITED ACTIVITIES The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Foodtrucker or licensed to the Foodtrucker by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Foodtrucker.

Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

Deep-link to any portion of the services for any purpose without our express written permission.

“Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorisation.

Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Foodtrucker in connection with the services.

Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.

Download any content unless it’s expressly made available for download by Foodtrucker.

15. DISCLAIMER OF WARRANTIES

Foodtrucker will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.Because of the nature of the Internet Foodtrucker provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those websites.Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Foodtrucker for any loss or damage caused as a result.Foodtrucker will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.These terms do not affect your statutory rights as a consumer which are available to you.Subject as aforesaid, to the maximum extent permitted by law, Foodtrucker excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Foodtrucker and Foodtrucker shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

Any incorrect or inaccurate information on the website.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Foodtrucker.
All representations, warranties, conditions and other terms which but for this notice would have effect.

16. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Foodtrucker for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

17. INDEMNIFICATION

You agree to defend and indemnify Foodtrucker from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Your breach of this agreement or the documents referenced herein.

Your violation of any law or the rights of a third party.

Your use of the website.

18. CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

19. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Foodtrucker without restriction.

20. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Foodtrucker, shall constitute the entire agreement between you and Foodtrucker concerning and governs your use of the website and the services.

21. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between the user and Foodtrucker, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.In the event a dispute arises in connection with the products and services offered through the website or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Foodtrucker may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organisation and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products posted and offered through the listings available on the website.The courts of Australia shall have jurisdiction over any dispute, controversy or claim relating to Foodtrucker and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of South Australia.

22. FINAL PROVISIONS

These terms and conditions are governed by the laws of Australia. Use of the website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions.Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.Any rights not expressly granted herein are reserved.

23. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:

support@foodtrucker.com.au

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