Terms & Conditions

Sushi@School Terms & Conditions

  • This agreement is made between Sushi@School and the Registered User.

    1. The Online Platform is owned and developed by Sushi@School (ABN 80 426 330 703) may be used by you, subject to the terms and conditions set out below. Once you have registered as a User on the Online Platform you agree to be bound by these terms and conditions as may be amended from time to time. You warrant that you have the ability and capacity to accept these terms and conditions.
    2. Registered Users may only be:
      1. Parents or guardians of a child/children who is/are enrolled at a school we service who is over the age of 18 years and has the authority to complete an online financial transaction.
      2. A staff member or volunteer at a school we service who is over the age of 18 years and has the authority to complete an online financial transaction.
    3. Registered Users’ are commonly referred to as ‘Customers’.
      1. Children of Registered Users are referred to as ‘Customers’ only in reference to being the ‘end user’/receiver of our menu items. They should not be privy to Registered User Passwords, unless at the express wishes of their parent/guardian.
  • Customer Data:

    1. To use the Sushi@School Online Platform a User must first set up a Sushi@School account:
      1. At the time of setting up an account to use the Online Platform you must provide:
        1. Nominated school (s)
        2. A valid email address
        3. A contact phone number
        4. set you password
      2. In respect of each of Student, the Student’s
        1. Name
        2. School
        3. Student’s Class
        4. Any other information required to complete the User Registration process.
    2. Failure to supply correct Customer Data may result in us cancelling your registration. 
    3. You must update your account information if there are any changes to ensure that it is current and accurate at all times. 
    4. We may use the account data for the purpose of providing the functionality of the Online Platform and any related purpose. We may share the Customer Data with other parties, including stakeholders and suppliers for this purpose.
    5. When you create an account (Sign up) to the Sushi@School Online Platform you will be asked to provide a contact email address. This email address will be the main source of communication between you and Sushi@School. 
    6. You are responsible for maintaining the security of your login and account information (including the password).  We are not liable for any loss or damage from your failure to comply with this security obligation.
    7. You are responsible for all activities that occur on your account, and we will not be liable for any loss or damage from activities on your account.
    8. If the Student you are using the Online Platform on behalf of has any food-based allergies, refer to the allergy information on the Sushi@School menu available on the Online Platform . We accept no liability for any loss, damage, or harm caused by an allergic reaction of a student. 
    9. You must use the Online Platform for its intended purpose.  You may not use the software for any illegal or unauthorised purpose, including the transmission of malware, or to violate any laws in your jurisdiction, including but not limited to copyright laws.
    10. All Customer Data will be stored and maintained by or on behalf of us in accordance with Australian law.
    11. Our use of any personal information provided within the Customer Data will be in accordance with our Privacy Policy available at https://sushi.net.au/privacy-policy/
  • Operation and Use

    1. Operation of the Online Platform requires you to follow the operating instruction provided by Sushi@School in the school’s ordering section.  
    2. As a Registered User to the Online Platform, you warrant that you will comply fully with all our operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Online Platform. 
    3. We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions. 
    4. We may suspend your registration for any one or more periods of time if we are unable to provide the software due to a fault or dysfunction with our servers.
    5. If the School has a nut and / or allergy policy, you must ensure you are familiar with this policy and you must not order food or meals that do not comply with this policy.
    6. You shall not upload any content onto the Online Platform that is:
      1. Unlawful or promoting unlawful activity
      2. Defamatory, offensive, discriminatory, obscene, threatening, intending to disgust, inciting violence, or otherwise objectionable
      3. Spam, machine, or randomly generated. 
      4. Constituting unauthorised or unsolicited advertising, chain letters, or any form of lottery or gambling
      5. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment, or
      6. Otherwise not appropriated or suited for the intended function of the Online Platform
    7. We reserve the right at our absolute discretion to determine whether any uploaded content are appropriate and compliant with these Terms and Conditions, and to refuse or remove any of your Reviews.
  • Fees and Payments

    1. The price to order food is payable by you to Sushi@School to this clause (Fees and Payments). You must complete any forms required by us through the Online Platform to enable us to process payment of the Order Fee.
    2. The Order Fee will be the amount stipulated by your school on their Sushi Day menu which can be accessed through the Online Platform. The Order Fee is set by the School at the School’s discretion and may be subject to change. 
    3. We may utilise third-party payment processors to process and remit payments through the Online Platform. Payments submitted through the third-party payment processing service are subject to the payment processor’s terms and conditions. We are not liable for any issues, including charges from your financial institution, which may arise as a result of this service.
    4. You authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided by you at the Check Out Payment Methods to place an order for payment of all Order Fees. 
    5. The Order Fee is payable by you in full upon ordering. We will process payment of the Order Fee at the time of ordering, which will be held until it is approved to be remitted to Sushi@School.
    6. On approval of your order payment the Registered Customer will receive via the email address provided an order confirmation from the Sushi@School Online Platform.
  • Term and Termination

    1. Subject to above Fees and Payments clause, your use of the Online Platform is free to use, and you can use or discontinue using the Online Platform at any time.
    2. These Terms and Conditions apply to your use of the Online Platform continuous and anew each time you use the Online Platform. 
    3. We can cancel your registration or permanently or temporarily suspend your access to the Online Platform immediately and without notice if you are in breach of any of these Terms and Conditions.
    4. Our ability to provide the Online Platform and its functionality is reliant on an agreement between us and the school your student(s) attends. If, for any reason whatsoever, the School Agreement is terminated, whether by us or by the school, these Terms and Conditions will also be terminated, and you will no longer be able to use the Online Platform. 
  • Intellectual Property 

    1. Your registration to the Online Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Online Platform beyond the ability to use it for its intended use. 
    2. Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Online Platform, or your registered account to the Online Platform. 
    3. By accepting these Terms and Conditions you undertake not to reverse engineer, replicate, or otherwise copy the Online Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you, your business or its members, employees, officers, affiliates, customers, or anyone else. 
    4. All intellectual property and ownership rights subsisting in the Online Platform (including the user interface and the software comprising the Online Platform), the data derived from use of the Online Platform, and any other documentation, information or materials that are supplied by the Online Platform to you, remain the exclusive property of us or our third-party licensors.  For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.

 

  • Modifications to the Online Platform

    1. We reserve the right to modify or discontinue, temporarily or permanently, the Online Platform and its other products and services with or without notice.
    2. By using the Online Platform, you represent and warrant to us that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Online Platform.
    3. Subject to any of the rights you may have under Australian Consumer Protection Law, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Online Platform or any other matter under these Terms and Conditions.
  • Limitation of Liability and Indemnity

    1. The Online Platform is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
      1. The operation and functionality of the software
      2. The accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the software content
      3. Any loss or damage arising out of a Transaction, and/or
      4. The products and services associated with the software or its content. 
    2. You agree to defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:
      1. Your access to or use of the Online Platform
      2. Your violation of this agreement
  • Any infringement by you of any intellectual property or other right of any person or entity

    1. Your use of the Online Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
    2. Our catering suppliers are required to enter into contracts with Sushi@School which set out their obligations as a Caterer on the Online Platform. These obligations include, among other things, requirements to meet certain health and safety standards in delivering food to Customers. We require Caterers to maintain ordinary health and safety standards expected of any licensed food provider in Australia. However, we are unable to and do not warrant or guarantee the health and safety of each meal delivered to a Customer by a Caterer. To the full extent permitted by law, we disclaim all liability, loss or damages arising from food or a meal delivered by the Sushi@School catering supplier, including but not limited to loss or damage caused by:
      1. Food poisoning 
      2. Allergens 
      3. Contaminants 
      4. Expired produce 
      5. Any other foodborne or food-related illnesses or injury. 
    3. We do not procure the delivery of meals to Students, and do not provide delivery people to deliver meals to Students. It is Sushi@Schools Catering Supplier’s obligation to ensure, and we will not be liable for, the timely and safe delivery of any meal to the Customer, and any delays or problems with the delivery of meals to Students must be addressed between you and the school representative or coordinator. 
    4. The school attended by your Customer is party to an agreement with us, which sets out our and the School’s obligations as to facilitating the delivery of orders by Sushi@School. You should make the necessary enquiries with the School representative or coordinator to ensure your Student is able to collect the meal as per the requirements of the School. 
    5. Our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action will at all times be limited to the greater of (i) the amount paid, if any, by you to us in connection with the Online Platform in the 2 months prior to the action giving rise to liability or (ii) $1.00.
  • Error Resolution Guidelines

    1. Reporting time frame:

        1. If a Customer finds a problem with a supplied order (that is not immediately dealt with by the school representative or coordinator in the first instance), that Customer must contact Sushi@School by 11.59pm on the same day as the order was scheduled to be delivered to claim a refund or replacement order. Sushi@School will use its discretion to choose an appropriate response to Customer claims.
        2. All incidents reported to Sushi@School are recorded and investigated to ensure our customers enjoy the highest quality of service.
    2. Incorrect supply, item missing, or order failed to arrive:

        1. In the first instance the school representative or coordinator is responsible for checking orders once delivered. Should any of the above issues be reported by the School Representative or coordinator and the claim is accepted by Sushi@School, Sushi@School will arrange for the correct menu item to be delivered immediately, if practical.
        2. If the correct order/item is supplied to the school within 2 hours of the error being notified, then no refund will be due.
        3. If Sushi@School is unable to provide the exact item/meal ordered, then this will be communicated and discussed with school representative or coordinator in the first instance and then the Customer and a mutually agreeable alternate will be decided.
        4. If the school representative or coordinator is unable to make contact with the Customer, in order to ensure that the Child is provided with something to eat, the lunch may be replaced with a similar item. In this instance, the Customer will be notified of the issue via phone message or email. If the replacement item is not to the Customer’s satisfaction, then the Customer may contact the school representative or coordinator in the first instance and/or Sushi@School to discuss refund options.
        5. Sushi@School take these issues seriously and will record and thoroughly investigate the incident to ensure steps are taken to reduce the possibility of the error occurring again.
    3. Damaged goods

        1. The Sushi@School Catering Supplier is responsible for packing and delivering the orders, and aim to ensure damage during transit is minimised. Minor bumps can occur during delivery and will not be cause for a refund. If the food is damaged such that more than 25% of the product is inedible, then the Customer will receive a replacement order or a full refund of damaged goods only.
    4. Late delivery

        1. On a rare occasion, due to unforeseen issues with access, parking, traffic or weather, orders may arrive late. There will be no refund for orders which arrive late, however Sushi@School will record all reports of late orders and track them so as to prevent re-occurrence.
    5. Non acceptance of customer claims

        1. Sushi@School may decide that there was no error with the supplied order and it simply was a case of misunderstanding. In this scenario there will be no refund or replacement, however Sushi@School will endeavour to take steps to reduce the possibility of the misunderstanding occurring again.
    6. Health issue

        1. If not initially addressed by the school representative or coordinator, if an item in an order is perceived by the Customer to be a health or safety risk then the Customer must contact Sushi@School immediately. Sushi@School treats this sort of issue as the highest priority and will set in motion an investigation immediately, in conjunction with the relevant suppliers and manufacturers
        2. Sushi@School will then ensure that the issue is investigated as thoroughly as possible and report back to the Customer with any findings of the investigation.
    7. Quality issue

        1. If not initially addressed by the school representative or coordinator, if an item in an order is perceived by the Customer to be of a poor standard of quality the Customer must contact Sushi@School, by 11.59pm on the same day as the order was scheduled to be delivered. Sushi@School will provide an appropriate level of refund for the order, at their discretion. Quality Issues can range from incorrect supply to a matter of taste, and this will be taken into account when deciding on an appropriate course of action, and level of refund.

General

    1. To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from the Customer’s (your) use of the Online Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Online Platform, for purposes of search engine optimisation and to drive traffic to the Online Platform. To the extent permitted by law, we reserve the right to share the Customer’s (your) information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
    2. The Customer (you) understands that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway and related technology required to run the Online Platform. 
    3. The Customer (you) must not modify, adapt or hack the Online Platform or modify another website or software so as to falsely imply that it is associated with the Online Platform or with Sushi@School. 
    4. The Customer (you) agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Online Platform, use of the Online Platform, or access to the Online Platform without our prior express written permission. We claim all copyright and all other intellectual property rights over the Online Platform and our other products and services and reserve all of our rights.
    5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, partners, representatives, or officers may result in immediate termination of your access to the Online Platform.
    6. We do not warrant that:
      1. The Online Platform will meet your specific requirements
      2. The Online Platform will be uninterrupted, timely, secure, or error-free
      3. Any errors in the Online Platform will be corrected
    7. You expressly understand, agree and warrant that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
      1. the use or the inability to use the Online Platform
      2. unauthorised access to or alteration of your transmissions or data
      3. or any other matter relating to the Online Platform
    8. Any failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and govern your use of the Online Platform, superseding any prior agreements between you and us.
    9. Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions.  All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.
    10. We make no representations or warranties that the content of the Online Platform complies with the laws (including intellectual property laws) of any country outside Australia.
    11. Any queries about the Terms and Conditions should be sent by Contact Us on the Online Platform – www.sushi.net.au
    12. This Agreement is governed by the laws of Victoria, Australia, and any dispute arising out of this Agreement or your use of Online Platform will be subject to the courts of Victoria.