These terms and conditions apply to the use of this web site. When you click on the “I Accept” button on the screen, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, click the “I Decline” button and you will be unable to use this web site.

1. Terminology
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Lunch Monitors Pty Ltd, ACN 128 832 646.

2. Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will indicate that you agree to be bound by the terms and conditions as amended.

3. Becoming a Registered Member
In order to order food through this web site (if you are a parent) or to amend menus and access orders (if you are a school), you must become a registered member. To do this, you (as a parent) must complete your registration details on the web site, or (as a school) you must provide contact and bank account details for funds deposits and accept the terms and conditions upon your first log-in to the website. This process is free but your registered member status is non-transferable.

We reserve the right to terminate your registered member status at any time if you breach these terms and conditions.

You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to your registration details as originally supplied.

4. Our Fees and Payment
We charge a commission on each order as specified in our ordering form and pass on any credit card fees. Payment for food orders may be made either by credit card through our online merchant facility or by way of debit from an account set up with us using direct transfer or cheque payments to our address shown on the ‘Contact Us’ tab. The account is set up during the registration process and you may add to the funds at any time, again using direct transfer or cheque. Funds will not be allocated to an account until any cheque payments are cleared to our account. The account can be set up during the registration process. Using an account saves the need to key in credit card details each time an order is placed.

5. Ordering
Orders must be placed no later than 8:30 am on the morning the food is required. Orders can be placed up to 4 weeks in advance. We will send an email confirmation for each order. Unless the parent receives an email confirmation, the order has not been recognised or stored, and the order should be placed again. We are not responsible for orders where no confirmation has been received by the parent.

6. Cancellations
Cancellation of an order is only possible before 8:30am of the morning that the food is required. If a cancellation is made before 8:30am we will refund the value of the order and commission to your on-line account.

7. For the Schools
We will send an email to the schools each school day morning containing the details of orders placed through our web site that day and the details of funds transferred for those orders.

Schools may update their menu through the web site at any time. It is the schools’ responsibility to keep their menu on the web site up to date. Schools can also view parent orders via the web site.

8. Disclaimer
We are not the suppliers of the food ordered through this site. Food is supplied by the schools involved and the menus and prices are set by them. We do not represent any of the schools. Accordingly, we are not responsible for the supply or non-supply of any food. We are not responsible for the information supplied on each school menu. We accept no responsibility for defective food, including the failure of any food to correspond with the order or the description, or the failure of any food to be safe, legal, fit for purpose or of merchantable quality. Any such issue must be taken up with the school directly.

Credit card and deposit facilities are provided by an external supplier. We are not responsible for any credit card or deposit transactions. We do not record or store any credit card or banking details.

Any nutritional advice and food offered on the web site do not take into account the needs of the individual child.

To the extent permitted by law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

We offer no warranties in relation to food ordered through the web site. We also offer no warranty in relation to the availability of the food ordering service.

We make no representation as to the ability of a school to supply the food ordered.

In the event that an order is not received from us by a school, to the extent permitted by law, our liability is limited to the cost of the food and all other liability for any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you, or which may arise directly or indirectly from the failure of the order to be received by the school, is excluded.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability for a breach of that condition or warranty will be limited to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

9. Liability and Indemnity - Parents
You (being parents) release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand on an indemnity basis) which may be instituted against us arising out of a failure by us to comply with these terms and conditions or a failure by the school to provide any food or satisfy the requirements of an order.

You (being parents) also release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

10. Liability and Indemnity – Schools
You (being schools) release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand on an indemnity basis) which may be instituted against us arising out of a failure by us to comply with these terms and conditions.

You (being schools) also release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand on an indemnity basis) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions, the supply or non-supply of food and the quality, safety, merchantability, fitness for purpose, legality of the food or compliance with the order or the description of any food supplied by you.

11. Specific Warnings
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to risk of viruses or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this web site or any linked web site.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products, and each advertiser is solely responsible for any representations made in connection with its advertisement.

We are not responsible in the event an order is not processed due to technical difficulties affecting our system.

We do not undertake to retain material posted by schools or to retain records of specific transactions.

There is no contract of sale between you and us, whether you are the parent or the school. Once an order is confirmed a contract exists between the parent and the school in respect of that order. We do not act as agent for either party.

You acknowledge that a failure to comply with these terms and conditions entitles us to terminate your registered member status.

12. Exception
Paragraphs 8, 9, 10 and 11 do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

13. Copyright
Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by paragraph 15 below, you may not in any form or by any means:

14. Trade Marks
Any word or device to which is attached the TM or ® symbol is a trade mark.If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

15. Restricted Use
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

16. Linked Web Sites
This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

17. Privacy Policy
We undertake to comply with the terms of our privacy policy, which is annexed to these Terms and Conditions.

18. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

19. Termination of Access
Access to this web site may be terminated at any time by us without notice. Paragraphs 8 to 12 inclusive will nevertheless survive any such termination.

20. Governing Law
These terms and conditions are governed by the laws in force in Victoria, Australia

21. General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

22. To Return to the Web Site
Click “I Accept” if you agree to be bound by these terms and conditions. Click “I Decline” and you will be unable to use this web site.

We will not disclose your personal information to any third party other than the school that your child attends. We may collect web site visitors’ contact information (such as their email addresses). Unless you object, this information may be used:

If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.

We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie, and this will provide you with an opportunity either to accept or reject it in each instance.

We will not sell or otherwise provide your personal information to a third party, or make any use of your personal information for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect. If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request, but we may still use or disclose that information if:

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.

Your email message content may be monitored by us for trouble-shooting or maintenance purposes, or if any form of e-mail abuse is suspected.

Personal information which we collect may be aggregated by us for analysis, but in such circumstances we would ensure that the individuals would remain anonymous.

All personal information which we collect (including your contact details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

We consider it is the responsibility of parents to monitor their children’s use of our web site. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.

You are entitled to have access to any personal information relating to you which you have previously supplied to us over this web site. You are entitled to edit or delete such information unless we are required by law to retain it.

If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on info@lunchmonitors.com.au.