Terms Of Use

Helping Business During COVID-19

Terms and Conditions for the use of the Food Monki website and application

All users of the Food Monki website and app acknowledge that access is provided by arpDigital, who are the operators of the website and the application. In this document, references to "us," "we" and "our" are understood to mean Food Monki and arpDigital. "Terms" refer to the terms and conditions described in this document, as well as any other legal considerations not included here.

You may access this website to review these terms for the first time. Any other use of the website or application is bound by these terms, and it is understood that you have read and agreed to them.

These terms listed here, as well as our privacy policy and any of the content on our website or application — including but not limited to license information, pricing details, fees and payment terms — are subject to change at any time. We reserve the right not to notify you directly of these changes and will instead post them within this document. Any access to the site, other than to review changes to terms, after the changes have been posted, are subject to the new terms. This is true even if you are unaware of the changes.

Disclaimers, Limits to Liability, and Indemnity

General Disclaimers

You agree to use this website or our application at your own risk. We — including any partners, third party content providers and licensors, employees, agents or affiliates — maintain all of the following items.

We are not liable for any direct, indirect, special or consequential losses or damages incurred while using this website or application, or any of the products and services referenced within our content, including our own. This covers all forms of contract, tort or other law, including:

  • Any reliance on your part on the accuracy or completeness of information covered on this site, across all its content and other provisions, including third-party content or advertisements, even if we have verified or vouched for this content. All information and content is provided with your general interest in mind and does not constitute advice, legal or otherwise.
  • Any failure on our part to correct errors or omissions within the information provided or to maintain the performance of the website or application. We do not accept liability for computer viruses or other harmful content on our site, nor for delays or failures in performance and availability. Any responsibility for loss of data, third-party conduct (including illegal access, theft or modification of files) is not borne by us.
  • You might find links from this website or application to any other websites or online properties owned and maintained by third-party organizations. These links are intended for your convenience, and we accept no responsibility for the content or operation of the linked websites or applications. We do not endorse any of this content or operation, or any third-party products, unless expressly stated by us.
  • Any financial details or credit or debit card information you supply to us, as well as any transactions you initiate through our website or app, even if these financial transactions are not completed or are delayed. This includes any direct or indirect losses or damages incurred by you as a result of any transactions conducted across our site or app.
  • Any conduct of third parties, including that which defames, threatens, offends or is otherwise unlawful, either via their own actions or via their published content.
  • Any unintentional breach of our Privacy Policy on our part.

To learn more about your specific situation and your needs, seek help from an expert in an appropriate field. The material we publish is no substitute for this and should not be taken as such.

Implied Warranties and Exclusions of Warranties

We exclude all implied warranties except where such warranties are required by law. This includes but is not limited to our transactions, and the provision of any products or services via our site or our app, including quality and fit-for-purpose warranties.

Access to Our Website and Our App, and Long-Term Availability

We are not bound to keep this website or application available and accessible for any pre-agreed term. We may decide to impose fees and increase those fees for our services in the future, and we reserve the right to do so. We may also change the operating, hardware, software and other requirements needed to access the website and the app, and we also reserve this right.

Our Liability, and Our Limitation of This Liability, to Customers

If we are held liable for any losses, damages, costs or otherwise, either directly or indirectly, this liability is limited to the following:

  • The cost of resupplying information or other services offered to you
  • The cost of repairing, replacing or resupplying products — or equivalent value products — to you
  • The cost of accessing our website or our application or our services

Indemnity

We, along with any partners, affiliates, employees, agents, content providers from third parties, and any licensors, are indemnified against all legal actions brought against us by you. This includes lawsuits, legal claims, legal demands, liabilities, expenses, damages and losses (also covering legal fees) sustained or brought by you as a direct or indirect result of you accessing our services.

By accessing our services, we are referring to using our website or application, conducting transactions on our website or application, or any attempts to carry out the above. We are also indemnified by you for any breach that you, or anyone affiliated with you, of our terms, and of all rights that we are unable to exclude, limit or disclaim.

The disclaimer published on this page, along with this indemnity statement, and the limitation of liabilities, does not exclude any of your rights that cannot be legally excluded under the jurisdiction of the Australian courts.

Terms and Conditions of Payment

All the transactions made across our website or our app, or all transactions relating to our services or our company, are inclusive of GST. The prices quoted on our website and application will be accurate as far as possible. We reserve the right to change these.

Refund Policy and Policy of Pricing Changes

We reserve the right to alter our pricing. In the event that we do, we will try to contact you by email, but this is not guaranteed. We also endeavor to post pricing changes on our website without delay, although timely changes are also not guaranteed.

You are required to pay all costs and prices charged to us under the terms of this agreement. You are also required to use the payment forms that are offered on our website or via our app. You are not permitted to withhold, counter-claim, or deduct from this payment or any part of this payment, and we will not consider the payment complete until there are no funds outstanding. All refunds are provided at our discretion and are not guaranteed.

If you cancel or terminate your agreement at any time, this does not give you the right to a refund of any charges or fees you have already paid, in any and all circumstances.

Recurring Credit Card Billing

When you sign up for an ongoing subscription or multiple-time services with us, you are agreeing to let us bill your credit card for this subscription each month. Billing and payment are automated and will be taken from your account on the same date each month, or on the next day in some cases. By signing up, you are giving us the authority to make this charge every month on an indefinite basis. You are permitted to cancel ongoing charges, but you must give us 30 days' notice before the next payment is due. If you fail to do this, we reserve the right to charge you for the next payment due.

Any changes to your method of payment must be made known to us, and we must approve this change. If you do not follow the proper channels, and if the change is not approved, the payment may fail, and our services will not be made available to you.

Missed Payments

If you choose to pay with a monthly invoice, you must pay by the date provided to you. If you do not make this payment, we will charge the credit card you register with us. If your credit card cannot process the transaction, services may be suspended. This is also the case if your card cannot support the ongoing credit card billing.

If you miss three payments in a row, your account will be closed, and we will begin to recover the debt. If we are not able to do this by reasonable means, the case will be passed to a debt collection agency, with all collection fees and charges recovered from you as part of the process.

Once the case is passed to the debt collection agency, you will not be permitted to contact us further.

Cancellation Policies and Payment for Services Utilized

Cancellation is only permitted if you provide us with 30 days' notice. If you do not provide us with enough notice, you will be deemed to have entered a new service period, and you will be charged for your usage during this period.

If you are offered a free trial or any such type of promotion, you must get in touch with us and close your free trial before the end of this free period. It is not our responsibility to contact you to initiate cancellation. We will continue to bill you if you do not contact us, and this document serves as your notice as such.

We may offer a refund at our discretion if you contact us within 7 days following the end of your trial. We will not offer any refund after this date

Delivery of Services

We pledge to create your restaurant application or website within two to four weeks after the request is received. This is our promise, and we will refund the cost of setup if we do not deliver on time.

Affiliates

According to the terms and conditions in this document, and according to our privacy policy, our affiliates are any parties appointed by us as such. They are bound by, and subject to, our affiliate terms and conditions.

Intellectual Property, Trademarks and Copyright

Copyright Protection Under Australian and International Law

Everything we publish and provide through our website and our application is protected under copyright. This copyright is applied under all relevant Australian and international law, in some cases via international treaties between Australia and abroad.

All rights are controlled and reserved by us.

All of our content is covered by these rights, including anything published on our website or through our app, and all text, graphic images, logos and trademarks, button icons, multimedia (images, videos, audio clips), developed software and applications, unless otherwise stated.

Non-commercial Use for Personal Purposes

As a customer or as a non-paying user, you are permitted to do the following:

  • View the content of our website and application
  • Use any information published on the above platforms for your personal usage in a non-commercial capacity. All copyright notices and other terms and conditions included in the original content must remain on the documents you utilize for personal use.
  • In the case of internet service providers, you have permission to grant access to this website and our apps, in their entirety as provided, to any users

Unauthorized conduct

All authorized conduct is listed above in the non-commercial use section. Any other conduct is not authorized without written permission from us, obtained in advance. In the event that there are other content owners besides us, they must also offer express permission.

This includes content used for the following purposes:

  • Copying
  • Broadcasting
  • Reproduction
  • Framing
  • Republishing
  • Downloading
  • Storage across any digital or physical medium
  • Third party hosted uploading
  • Transmission
  • Posting
  • Distribution
  • Public screening or demonstration
  • Adaptation or other alteration

In some cases, we may offer amnesty on these actions. However, we will state this clearly either within the content or during our interactions with you.

Linking to the Website

You have the right to link from any website to this website. This right does not extend to our trademarks or copyrighted materials, which you must not use without our written permission. Please reach out to our team to discuss this further.

Use of Feedback Provided

We reserve the right to use any feedback you provide to us in any way we decide. This includes using and adapting ideas and suggestions regarding content, services or other aspects of our business. We do not need to ask your permission to do so, and we are not required to compensate you.

Trademark Protection

The Food Monki trademark and all associated trademarks are Registered and Trademarked under the law of Australia.

You are not permitted to use any of those marks — or any marks that have not been, or have not yet been, registered — without our prior authorization.

We also extend our trademark rights to other countries and jurisdictions, wherever possible. Any other images or product names that we publish on this site may also be registered as our trademarks, or as trademarks of affiliates or third-party organizations, including all published advertisements or sponsors.

You are not permitted to use any of these trademarks without prior authorization from us and/or the trademark owner.

Trademark Endorsement Disclaimer

Any trademarks of other organizations that we use on this site are not to be taken as endorsements of these organizations, nor as an indication that we are associated with the trademark owner.

User Conduct Requirements

The website and application can only be used for lawful purposes, as defined by the relevant legal jurisdictions.

You are prohibited from using our website or application to post, send, publish, or make available in any way, material in the following categories:

  • Material that violates, infringes, or harms the rights of others, including but not limited to rights to privacy
  • Material that threatens, defames, harasses, inconveniences, invades the privacy of, or abuses any party. Indirect offense or violence through vulgarity, obscenity and profanity is similarly not permitted.
  • Material that incites criminal conduct or that may lead to civil liability
  • Material that infringes on the usefulness of this site for other users
  • Material that impacts the function of the website or our app or puts our computer systems — or those of our users — at risk, whether or not the material was transmitted intentionally. This includes computer viruses and anything else that may have this effect.
  • Material that is found to be in breach of standards, requirements or codes put in place by relevant authorities. These authorities may require us to take immediate action by law in some cases.

Promotional Materials from Users

You are not permitted to post any advertising or promotional materials on our website or via our branded application. This includes the uploading or transmission of all materials that advertise, endorse or solicit other products and services, both commercial and non-commercial.

Uploading Images

It is solely your responsibility to not upload images with embedded location data (e.g.: EXIF GPS), as this data can be downloaded and extracted from the published photo.

Protecting Proprietary Rights

All material you post, transmit or make available on our site or on our app, including all communications, must be owned by you, or you must have the appropriate permission from the owner of the rights.

Contribution Licensing

By reading and acknowledging these terms, you agree to give us the license to use all material you submit to our website or to our app. These rights are non-exclusive, unrestricted and perpetual. We do not have to provide any compensation for using your material, and we reserve the right to sell the material or the licensing rights.

We may:

  • Use, publish, translate, adapt, alter, display or utilize this material in any way we choose to within the bounds of the law.
  • Use any names you publish within the material and any images that are attached.
  • Attach our own copyright and trademarks to content we create using the material, even if the material is unaltered from your original.
  • Republish the original or adapted material across any media, platform or technology that may be available now or may be developed in the future.
  • Authorize sub-licensors to carry out any of the above actions.
  • Ask you to include the above items in any rights you already hold, or may hold in the future, with regard to the submitted material.
  • Allow all of the users of our website and our application to access, view, save and retain the material you submit, within the bounds of the terms listed on this page.

Monitoring of Content

We adopt a strict policy of monitoring all content on this website and on our app to make sure it fits our guidelines. We reserve the right to edit, delete or refuse any of the material you submit on any grounds.

Despite this, we do not accept responsibility for any content posted on our website or application. We reserve the right to publish forum posts in unmoderated form and accept no liability for the content of these posts.

We also do not accept liability for any materials that we alter or moderate, either within forums or otherwise.

Nor do we accept liability for any material we fail to remove or moderate.

We will work with law enforcement authorities if requested and will hand over all required materials to the relevant law enforcement agency, including the identity of the individuals who posted the materials.

Third-Party Materials Disclaimer

Please be aware that any third party materials that appear on this website or on our application have not necessarily been moderated or controlled by us and do not represent an endorsement of that third party or of the views expressed.

Transaction Terms and Conditions

General Transaction Disclaimers

The terms listed below, including all limitation of liability, all indemnity, and all disclaimers, apply to all transactions through our website or our application, or otherwise as a result of you using our products and services or accessing our website or app.

Third-Party Product Sales

We reserve the right to link to third-party websites and applications, which may or may not have products to sell. You may access these websites or application via advertisements, hyperlinks, referral buttons or otherwise. When you access these websites or application, you are bound by their terms and conditions, and you accept that any offers made or representations offered regarding products and services are not endorsed by us. You take responsibility for any transactions you carry out on these third-party websites or applications.

Transaction Terms and Conditions

Disclosure of Personal Details

Any trademarks of other organizations that we use on this site are not to be taken as endorsements of these organizations, nor as an indication that we are associated with the trademark owner.

General Terms and Conditions

Australian Legal Terms and Conditions, and [State] Legal Terms and Conditions

This website and our application is based in Australia and is controlled by our company from within Australia. This excludes any third-party websites, or websites affiliated to us or linked to by us. Your use of this website and our application is in accordance with the laws of Australia and the laws of Queensland. You agree to abide by these laws in full.

Prohibited Terms

If any of the terms and conditions we outline in this document is found to be unenforceable under Australian or [state] law, it will become ineffective within the appropriate jurisdiction. All remaining terms are still valid.

Legality Beyond Australia

We cannot guarantee that the content of our website or application complies with laws and regulations of any country other than Australia. Access to the website or application from outside of Australia is carried out at the user's own risk, and we accept no liability for violations of the laws of other jurisdictions that may arise.

User Responsibility

You, the user, are responsible for your own use of our website and application. You must ensure that you conduct yourself lawfully when using our website or application and that you do not infringe any third-party rights, legal standards or codes within the relevant legal jurisdiction. We accept no liability for your conduct.

Legal Agency

All users of our website and application must be of full legal capacity. This means minors must not access the website or app without the permission of their legal guardian. The relevant guardian accepts full liability.

Only Legal Offerings

If any of our products and services are considered unlawful within the jurisdiction you are accessing them from, we withdraw our offer for these products or services.

Assumed Understanding of Terms and Conditions

The terms and conditions are presented in the English language and are worded in such a way as to prevent ambiguity. You are assumed to have read and understood all terms when you access our website or application.

A Complete Set of Terms

The terms, conditions and exclusions included here represent the complete agreement between us and you, the user. This document supersedes all other agreements, warranties, or other understandings regarding your use of the website and the application. If there are any inconsistencies within any other agreement or interaction you have with us, the terms and conditions published here are to take precedence.

Copyright

We uphold the intellectual property rights for ourselves and for others. If you are a copyright holder and you believe that any of our published materials are infringing your legal rights, get in touch with us by email at info@foodmonki.com and outline the alleged infringement in full. Supply your name and address, and we will take around 30 days to investigate. We will contact you at the end of this 30-day period.

If you are found to be misrepresenting your status as a copyright owner, you will be held liable for any damages or costs incurred on our part.

Forgot Password | Sign-Up

Already have an account? Login here

Get in touch

Please contact us using the form below

We Are Here To Help

Many restaurants, cafes, and hospitality businesses have been hit particularly hard by the current COVID-19 crisis.

To help and support businesses in this time of need, we have launched Eat Yumm Platform with ZERO setup Cost, FREE for 3 months and ZERO Commission.

Connect with more customers and receive orders directly to your business and keep all the revenue, and pay no commission.

Register today, it only takes a few seconds. Remember, we are all in this together.

Thank you. REGISTER TODAY

Oh Wait!!!

  • We know website building can sometimes be, let's just say NOT EASY!
  • But we have done all the hard work for you and made it as easy as possible, please check the documentation below.
  • Alternatively, email us now to get meeting organised, and we will do it for you.