The Bhoj Terms and Conditions
Welcome to The Bhoj! We provide a platform where Cooks and Consumers can connect and transact (Platform).
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Bella Bong-AU Pty Ltd (ACN 685 949 473).
These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply equally to Cooks and Consumers, unless we state otherwise.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
For questions about these Terms, or to get in touch with us, please email: [email protected] or [email protected]
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
our privacy policy (on our website) which sets out how we will handle your personal information;
clause 1.5 (Variations) which sets out how we may amend these Terms; and
clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights
DISCLAIMER: To the maximum extent permissible at law, our services are limited to providing a platform connecting Cooks and Consumers. We do not prepare, handle, or deliver food items, nor are we responsible for food quality, safety, or hygiene. We make no warranties regarding food items exchanged through our Platform and do not oversee compliance with food safety regulations or laws. Cooks are solely responsible for complying with all applicable food safety laws and regulations to the extent applicable. Consumers assume all risks associated with purchasing and consuming meals from Cooks. We do not verify information provided by Cooks regarding ingredients, nutrition, or allergens. Consumers with allergies or dietary requirements must communicate directly with Cooks and exercise caution.
1. Platform Licence and Term
These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.
You must be at least 18 years old to use our Platform.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.
Platform Licence
While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.
You must not:
access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;
introduce any viruses or other malicious software code into our Platform;
attempt to access any data or log into any server or account that you are not expressly authorised to access;
use our Platform to send unsolicited electronic messages;
use dating mining, robots, scraping or other data gathering and extraction tools on our Platform; or
access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.
2. Platform Summary
Our Platform is a place where Cooks and Consumers can find each other, and advertise, buy and sell home-cooked food for delivery (Offers). You acknowledge and agree that we only provide our Services (including our Platform) and are not a party to any transaction between Cooks and Consumers in relation to an Offer (see the “Our Services” section below for more information about the services we provide to you). All transactions related to Offers are directly between Cooks and Consumers. We do not prepare, handle or consume any food items, nor do we participate in or guarantee any aspect of the food item the subject of the transaction.
We do not oversee, control, or guarantee compliance with food safety regulations, health standards, or any applicable laws related to food preparation or handling by Cooks. You, as a Consumer, acknowledge and agree that you are responsible for and we do not verify or guarantee the accuracy of any information provided by Cooks regarding ingredients, nutritional content, or potential allergens provided in an Offer or in the final food item.
Cooks wanting to publish Offers on our Platform must create an Account. Cooks must provide an accurate and complete description of the Offer they wish to provide (Offer Listing), including the fees for the Offer (Offer Price).
Consumers cannot browse Offer Listings without an Account. Consumers wanting to purchase Offers in an Offer Listing must create an Account, and may request to purchase an Offer by sending a request through our Platform.
Cooks must include all additional terms and conditions relating to their Offer in the relevant Offer Listing. By making payment of the Offer Price, Consumers accept the additional terms and conditions in the Offer Listing.
All monies paid for the Offer Price by Consumers will be held by our third-party payment processor, and will be distributed to Cooks (less any amounts to be deducted in accordance with these Terms) once the relevant Offer has been supplied. Cooks will only be paid the Offer Price where Consumers have made payment.
We do not endorse or approve, and are not responsible for, any Offers not provided by us. We may, at any time (at our sole discretion), remove any Offers, including where an Offer: (a) is illegal or offensive; or (b) contains graphic, inappropriate or unlawful content.
In consideration for providing our Platform, we will charge a transaction fee to Consumers as set out on our Platform at the time of paying the Offer Price for an Offer (Transaction Fee). The Transaction Fee is not included in the Offer Price and must be paid separately along with any third-party payment processing fees.
Communication: Cooks and Consumers must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.
For Cooks Only
By posting an Offer Listing, you confirm that you are legally entitled to and capable of supplying the Offer described in the Offer Listing.
You grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that your Offer is available on our Platform, to host your Offers on our Platform for the purpose of making your Offers available to Consumers.
You grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that your Offer is available on our Platform, to host your Offers on our Platform for the purpose of making your Offers available to Consumers.
You agree:
that you are solely responsible for determining whether your activities on the Platform classify you as a food business under applicable laws and regulations;
not to create an Account on the Platform that is in breach of these obligations, facilitates the fraudulent supply food items, or circumvents any applicable laws or regulation that may apply to you; and
to comply with all applicable laws and regulatory requirements to the extent they apply to your provision of the Offer, including by not limited to any food preparation, handling, safety, and labelling requirements.
In consideration for access to and use of The Bhoj platform, a registration fee of AUD $5 and transaction fees will be applicable to all registered cooks. The transaction fee structure is as follows:
No transaction fee will apply where the cook’s offer price is AUD $30 or less.
For offers between AUD $30.01 and AUD $100, a 10% transaction fee will apply.
For offers exceeding AUD $100, a 15% transaction fee will apply.
Please note that the transaction fee is exclusive of the cook’s offer price and will be deducted at the time of the customer’s first payment. The Bhoj reserves the right to amend the transaction fee or registration fee at any time. Any such changes will be communicated to registered cooks in advance of implementation.
3. Our Services
Subject to your compliance with these Terms, we will provide you with access to our Platform. You accessing the Platform is, to the maximum extent permitted by law, the only provision of services we provide to you (our Services).
Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).
Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
4. Account
Accounts for Cooks and Consumers are different, and you must choose the correct Account based on how you want to use our Platform. Cooks who also want to purchase Offers must create a separate Account for that purpose, and vice versa.
You may register for an Account using your Phone number, Apple, Google or Facebook account (Single Sign-On Account). If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name and contact information.
While you have an Account with us, you agree to:
keep your information up-to-date (and ensure it remains true, accurate and complete);
keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
Identity Checks
Before you can have an Account, you must pass our identity verification process (Identity Check). We may conduct this process ourselves or through a third party.
You agree to co-operate with us in carrying out the Identity Check, including by providing us with any Personal Information necessary to complete this process (such as your name, proof of address, and proof of identity). Where we have engaged a third party to carry out the Identity Check, you consent to us disclosing your Personal Information to that third party for this purpose.
5. Payments
You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).
You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
Late Payments: If any fees due to us under these Terms or as a result of your use of our Services are not paid on time, we may:
suspend your access to our Services (including access to our Platform); and
charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to- time, plus 2% per annum, calculated daily and compounding monthly.
Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
6. Reviews – Applicable to Consumers Only
You may review your experience with Cooks on our Platform(Review). We may remove Cooks from our Platform (in our sole discretion) who receive a high number of negative Reviews.
You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.
You may only write a Review about your own experience. You must not write a Review about another person’s experience.
If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review, you should include information about this in your Review.
You must not disclose any Personal Information in your Review.
7. Availability, Disruption and Downtime
While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.
8. Confidential Information and Personal Information
While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.
You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
Cooks and Consumers must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.
We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Consumers to Cooks, and vice versa, so that they can connect and transact.
Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
9. Consumer Law Rights
In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.
FSubject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Consumers may have Consumer Law Rights in respect of Offers made by Cooks.
Cancellations and Refunds between Cooks and Consumers
The cancellation and refund of any amounts paid in respect of an Offer is strictly a matter between Cooks and Consumers. The terms and conditions of an Offer Listing must clearly set out whether refunds or cancellations are permitted.
10. Intellectual Property and Data
We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
Your Data
We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms;
diagnose problems with our Services;
improve, develop and protect our Services;
send you information we think may be of interest to you based on your marketing preferences;
perform analytics for the purpose of remedying bugs or issues with our Platform; or
perform our obligations under these Terms (as reasonably required).
You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.
You are responsible for (meaning we are not liable for):
the integrity of Your Data on your systems, networks or any device controlled by you; and
backing up Your Data.
When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
If you do not provide Your Data to us, it may impact your ability to receive our Services.
11. Liability
To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
any aspect of the interactions between Cooks and Consumers, including in relation to any Offers and Offer Listings;
your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);
any use of our Services by a person or entity other than you; or
any food safety issues, allergic reactions, or other health-related incidents arising from the consumption of meals exchanged through our Platform.
To the maximum extent permitted by law, you (if you are a Cook with an Account with us) indemnify us from and against any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
any property loss or damage, or personal injury or death, arising from your supply of the Offer; and
any breach by you (or any of your Personnel) of clauses 1 and 2 .
Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
neither we or you are liable for any Consequential Loss;
a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
(where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.
This clause 11 will survive the termination or expiry of this Agreement.
12. Notice Regarding Apple
To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Suspension and Termination
We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:
you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
you breach these Terms and that breach cannot be remedied; or
you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
You may terminate these Terms if:
we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
we breach these Terms and that breach cannot be remedied.
You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 14.9 ), and termination will take effect immediately.
Upon termination of these Terms:
we will retain Your Data (including copies) as required by law or regulatory requirements;
for Cooks, their existing Offer Listings will be removed and any purchased Offers not yet provided will be cancelled (and Consumers will be refunded accordingly); and
for Consumers, their purchased Offers not yet provided will be honoured unless it is a requirement of the relevant Offer that Consumers are active users of our Platform (in which case a refund will be at the discretion of Cooks or the terms of the relevant Offer Listing (if any)).
Termination of these Terms will not affect any other rights or liabilities that we or you may have.
14. General
Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
Disputes between Cooks and Consumers: We encourage Cooks and Consumers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Cooks and Consumers may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Cooks and Consumers.
Disputes with The Bhoj: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
Survival: Clauses 8 to 14 will survive the termination or expiry of these Terms.
Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.
15. Definitions
In these Terms:
Account means an account accessible to the individual or entity who signed up to our Services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Offer has the meaning given in clause 2.1 .
Offer Listing has the meaning given in clause 2.3 .
Offer Price has the meaning given in clause 2.3 .
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Platform means our cloud-based platform that we provide you with access to as part of the Services..
Services means the services we provide to you, as detailed in clause 3.1. .
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.
Thank you for choosing The Bhoj