Terms of Service

Important notice – Please read these terms of service carefully before using the site or any services, mobile website, mobile application, software, or content available on or through the site or otherwise related, linked or connected to the site (collectively, the site). The site and all services, mobile website, mobile application, software, or content available on or through the site or otherwise related, linked or connected to the site, are for your private and non-commercial use only. You may not sell, auction, alter, duplicate, transfer, distribute or otherwise use in a commercial manner the services, software, or content. By using the site, you agree to these terms of service. If you do not agree to these terms of service, please do not use the site. Foodie Net Pty Ltd, doing business as Gem Social ("Gem", “we”, “us”, or “our”) reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms of service, at any time. it is your responsibility to check these terms of service periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to all such changes.

The Site is provided by Gem together with its subsidiaries (collectively, “Gem”). The “Site” includes, without limitation: (a) all websites, subdomains, and microsites owned or managed directly by Gem, and all services offered on or through such sites (“Services”); (b) all mobile applications, software offerings and applications owned by Gem and made available on or through the Site (“Software”); and (c) all data, text, images, photographs, graphics, audio, video, offers, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through the Site (“Content”).

Privacy

Gem considers protecting your personal data very important, and has developed a Privacy Policy describing Gem data collection policies and practices, which is incorporated into these Terms of Service by reference as if set forth in its entirety herein. You agree that Gem Privacy Policy is applicable to your use of the Site.

Children

If you are under 13 years of age, then please do not use or access the site at any time or in any manner, or submit any information to the site.

Other terms

Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between these Terms of Service and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

Use of the site

Access to and use of password protected or secure areas of the Site is restricted to authorized or registered users only. You agree that you will not share your password(s), account information or access to the Site. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify Gem immediately of any unauthorized use of your password(s) or account(s). You agree that Gem will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Gem or another due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any Gem networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any Gem networks or systems, or to interfere or attempt to interfere with any Gem networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Gem, networks or systems.

Additional responsibilities

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gem has reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated these Terms of Service, Gem has the right to suspend or terminate your account and refuse any or all current or future use of the Site (or any portion thereof).

Use of software

Your use of Software is subject to these Terms of Service and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) The Software may be used solely for your personal and noncommercial purposes; (b) You may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party; (d) You may not modify, alter, or create derivative works of the Software; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.

Services

Gem may change the Services offered on or through the Site at any time without notice. Gem makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.

Communications

By creating a Gem account, you electronically agree to accept and receive communications from Gem, or third parties providing services to Gem including via the emails or other contact details you provided to Gem. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the settings on your device.

Content

All Content, including without limitation, any advice, recommendation or opinion is provided on or through the Site for informational purposes only, and should not be construed to indicate that any such Content is endorsed by Gem, nor is there any representation or warranty by Gem that the Content is reliable, accurate, timely, complete, effective, or safe for your use. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.

User content

Gem may permit registered users to post content to the Site, including comments, and other materials (“User Content”). You understand and agree that Gem does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against Gem arising from or relating to User Content. In general, Gem has no tolerance for objectionable content or abusive users.

If you choose to post User Content, please be aware that your User Content and your public account profile (e.g., your user name submitted through the registration process) will be available to the public. If you register with us via a third party account such as Facebook, Google+, Twitter, your Gem profile may link to your public profile at that account as well. You should therefore only post User Content you are comfortable sharing under these Terms of Service.

You are solely responsible for your User Content and the consequences of posting your User Content to the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish or perform User Content you post and to grant Gem the licenses and rights set forth in these Terms of Service.

Gem reserves the right but not the obligation to remove any User Content and/or to terminate, deactivate or suspend a user account without notice for any reason or no reason, including without limitation our belief that User Content violates these Terms of Service.

Third party content

As a convenience to users, the Site may contains links to independent third-party web sites (“Third Party Sites”). You understand and agree that Gem makes no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, quality, content, nature or reliability of such Third Party Sites, any information or material on or available through such Third Party Sites or the privacy policies or practices of such Third Party Sites.

Feedback

All comments or materials submitted by you to Gem through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by Gem on a non-confidential and unrestricted basis. Further, Gem shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Service or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”. Gem may, in its sole discretion, remove any Feedback you submit to the Site that in its opinion breaches these Terms of Service or any applicable law, or is otherwise objectionable.

Ownership

Except for User Content, all right, title and interest in and to the Site, including but not limited to the design, selection, arrangement, and “look and feel” of Content, are and shall remain the intellectual property and copyrighted works of Gem and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any Gem name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without Gem’ express prior written consent. Except as expressly stated in these Terms of Service, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Gem. Notwithstanding the foregoing, Gem may permit users to share specific Content by making a button, widget or other such tool available for the express purpose of sharing such Content on a social media channel such as Pinterest, Google+, or Facebook.

Synching

If the Software you use allows for the transfer and/or syncing of content and/or data provided or made available, including location or any other data, you understand and accept that by activating the applicable Software feature, it will require that Gem capture, collect, transmit, store, and use such content and/or data.

Disclaimer

THE SITE (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, GEM MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITE. GEM SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEM OR THROUGH OR FROM THE SITE, SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. GEM SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SITE, SERVICES OR SOFTWARE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.

Limitation of liability

IN NO EVENT SHALL GEM AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF GEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF GEM AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.

Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. IF ANY OF THE PROVISIONS OF THESE TERMS OF SERVICE ARE HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE VOID OR UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY AND REPLACED WITH A VALID PROVISION THAT BEST EMBODIES THE INTENT OF THESE TERMS OF SERVICE, SO THAT THESE TERMS OF SERVICE SHALL REMAIN IN FULL FORCE AND EFFECT.

Indemnity

You agree to defend, indemnify and hold Gem and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.

Termination

Gem has the right, but not the obligation, to monitor any activity on the Site. Gem may, without notice to you: (a) disclose information from the Site to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any reported violation of its policies and complaints, and take any action it deems appropriate at any time, including without limitation, suspension or termination of your account and/or access to and/or use of the Site; and (c) in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.

Governing law

These Terms of Service shall be governed by and construed in accordance with the laws of the Australia and/or the state of New South Wales, without resort to its conflict of law principles. Regardless of where you access or use the Site, you agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed and adjudicated only in the federal or state courts located in Location, State, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Service.

Compliance with laws

You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of Australia.

General

These Terms of Service and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Service is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Service. No waiver by Gem of any breach or default of these Terms of Service will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Service represent the complete agreement between Gem and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between Gem and you.

Contact information

If you have any questions regarding these Terms of Service, please contact Gem via the contact us URL on the Gem website.

Last updated: 22 July 2024