Terms And Conditions

1. Revised: 11/03/2021

The following Terms and Conditions establish a contract between you and Mama’s Delight, are legally binding, and therefore affect your rights as a Cook or Customer (Guest). They contain an obligatory arbitration provision that requires you and Mama’s Delight to arbitrate any and all disputes that arise between us. Please read these terms carefully and do not use the mamasdelight.com.au website if you don't agree to these terms and conditions.

2. Introduction:

Welcome to mamasdelight.com.au a website operated by Mama’s Delight. (“Mama’s Delight or mamasdelight.com.au,” “us,” and “we”). MamaDelight.com.au is a platform that connects Customers looking for home-cooked food with cooks who wish to sell meals (the “Cooks”). The website lists the available meals, including information about the Cook, the meal, and pick-up or delivery instructions. However, by using the website as a Customer, you understand that Cooks are ultimately responsible for all information posted on the Website, and the ultimate safety and legality of their business. As a Customer, you are responsible for any information you post using the platform and you must comply with our terms and conditions.

3. To make it simple:

a) These Terms and conditions are intended to apply broadly and they administrate any and all access and use of the website located at MamasDelight.com.au (the “Website”) and all aspects of the services offered by and provided through Mama’s Delight, including but not necessarily limited to searching for and purchasing meals, the provision of meals, information provided regarding the purchase, payments and all information posted to the website (the “services”).

b) These terms set forth legally binding terms and govern your access to and all use of the website and services. By accessing or using the website or services, you are accepting these terms and you represent and warrant that

1. You have read, understand, and agree to be bound by these terms,

2. You are at least 16 years old, and

3. You have the right and authority to enter into the terms. You may not access or use the website or services if you are not at least 16 years old. If you do not agree to be bound by these terms, you may not access or use the website or services.

Note regarding dispute resolution: These terms require the use of mediation and negotiation on an individual basis to resolve any and all disputes that may arise between us. By accepting these terms, you give up your right to litigate in court and further give up your right to litigate on behalf of a class, these terms also limit the remedies available to you in the event of a dispute.

Certain features of the website or services may be subject to additional terms and conditions, which will be posted on the website or services in connection with such features. All such additional terms are incorporated by reference into these Terms. In the event of a conflict between the additional terms and any provision in these Terms, the additional terms will prevail, but only with respect to the service to which the additional terms apply. Use of the website is also governed by terms and conditions, which are incorporated into these Terms and therefore become a part thereof by this reference.

4. Operation

a) MamasDelight.com.au is an online platform: that connects Customers with Cooks so that they can arrange for the purchase of home-cooked meals. Through the platform, Customers and Cooks communicate directly with each other. Mama’s Delight does not create, provide, own, or operate the services or the private homes where services take place. Unless expressly stated otherwise within these Terms and Conditions, Mama’s Delight's responsibilities are limited to:

1. Making the website and its services available and

2. Serving as the limited payment collection agent from each Cook as a fee or commission for the purpose of accepting payments from Customer on behalf of the Cook.

b) Cook Applications Content:  As a Cook, you determine the terms upon which your meals will be provided. You will submit an application to us that contains:

1. Content and images that provide complete information about you and a description of your meals and proposed contents.

2. The price to be paid for the meals, which we will negotiate with you.

3. All applicable policies, restrictions, and contractual arrangements (e.g., cancellation policies and liability waivers required for all Customers) applicable to the service and Customers. Submitting an application is in no way binding on Mama’s Delight, and Mama’s Delight is not obligated to accept your application or any of its contents, nor is Mama’s Delight obligated to promote your business.

4. Mama’s Delight officers and council’s inspectors are to inspect your home and kitchen for council’s approval.

c)  Acceptance of Application: If we accept your application, you authorize us to post information about your business, including:

1. Your name, images, and biographical information,

2. A description of your meals and service and

3. The price you have set that previously negotiated with us, on the services. We may also promote you and your business using the content you have provided, using any method and medium that we believe appropriate, including through e-mail, mobile applications, social media, and any other distribution channel owned, affiliated, controlled, or operated by Mama’s Delight. Mama’s Delight may promote your business and service to Mama’s Delight customers and potential customers based on geographic location but will determine the customers and potential customers to whom your business is actually promoted and made available, if any, in its sole discretion. Cooks are solely responsible for their service and content they provide regarding their business and any and all interaction with Customers. 

d) Customer Bookings: MamasDelight.com.au provides a platform through which Customers can select to purchase meals from Cooks and participate in the business. As a Customer, you understand that Mama’s Delight's only role is to facilitate communications between Cooks and Customers for the purpose of orderings and it's not responsible for the content provided to the website by Cooks or any aspect of the service itself. Any issues that may arise between you and the cook have to be forwarded to Mama’s Delight. Direct conflict will not be permitted or tolerated.

e) Cook Commitments: By participating as a Cook, you represent and warrant:

1. That the information you submit to us or post on the services regarding your meals is true and accurate.

2. That you will make the meals and make your service available to Customers in accordance with the information you provide and at the times and locations specified.

3. That you have obtained and will maintain all necessary certifications and licenses and that you comply with all legal requirements, including but not limited to all applicable laws and industry standards (including business licenses, applicable food handling requirements, any required health and safety inspections and, to the extent applicable, the collection and payment of sales GST and taxes).

4. That you will provide the service without imposing restrictions or policies not listed in the rules.

5. That you will not accept any privilege or require additional payments not listed on the website and services; and

6. That you will not solicit Customers to participate in an event of the platform or otherwise avoid any fees that are paid or would be payable to Mama’s Delight. You further agree that unless you obtain the express written consent of any Customer, you will use any contact information that the Customer provides to you only to communicate with the Customer about your service and for no other purpose. 

7. Your insurance provider will not cover any activities outside of this platform for any damages that may arise.

f) Meals portion: The platform will only allow nine(9) serves per day (main dish) with soup, Rice, salads or dessert as a compliment, so this is how it will work; Customer can only order up to nine (9) serves from your menu and after the deadline, you will no longer receive orders. The ordering system will be closed at 3:00 Pm and from 3:00 Pm until 6:00 Pm, you, as a cook will prepare the meals. From 6:00 until 7:00 Pm Customer will be allowed to pick up their meals via our platform where you will be notified of their arrival time by the messaging system (Phone or any social platforms) or to be delivered. Soup, salad, rice are extra side dishes if Customers purchased. The portion will be served as standard or family (Two adults and two kids). At this stage, 9 serves standard or family size dish may be on the menu but in near future, this will change depends on circumstances.

g) Customer Commitments: By participating as a Customer, you represent and warrant:

1. That you will comply with the rules;

2. Not solicit Cooks or other Customers for any commercial, religious, or other reasons;

3. Arrive on time and at the specified location to collect the meals if delivery is not available and

4. Pay the agreed-upon price for the meals via our payment system which requires a Credit card. You, as a Customer, agree and acknowledge that, to the extent stated in the rules, Cooks, in their sole discretion, reserve the right to refuse participation in an event without refund, including to provide a meal, if you violate any of the rules. You will be allowed to order anytime from 6:00 Am until 3:00 Pm. You will have to pick your meals between 6:00 Pm and 7:00 Pm or will be delivered between these time.

5. After your first order, you are encouraged to provide feedback from your previous order.

6. Any issues to be directly forwarded to Mama’s Delight.

h) Relationship between Customers and Cooks: Customers understand that Cooks prepare and provide meals in their private home kitchens and all services are run out of private home kitchens. Mama’s Delight does not control the quality, safety, or legality of services, including the meals, the ability of Cooks to provide meals. Mama’s Delight collects the service price from Customers and transfers the price minus the company fee or commission to the cook’s account once a week.

i) Delivery: The delivery option will be left to the cook to provide. There will be a fee of $6.00 if meals are delivered to your home. This area is still under advisement.

5. MAMA’S DELIGHT 'S LEGAL DISCLAIMERS

a) Compliance with Laws: As noted above, Cooks are solely responsible for compliance with all applicable laws, rules, regulations, and local laws, including without limitation, obtaining necessary permits and/or licenses, including business licenses, and any other applicable license, compliance with applicable health and safety rules, regulations or inspections, collection and payment of any applicable taxes or other payments that may apply to their services. Mama’s Delight makes no representation relating to and does not offer any opinion, recommendation, or advice regarding the legality of, tax implications and liabilities of, or any licenses, permits, or other consents that may be necessary to provide any service. Should you have any questions regarding laws or regulations applicable to providing meals or services or regarding consents/applications/licenses necessary to provide any meal or service, you should consult your legal counsel and local council. You further agree that you, as a Cook, are solely responsible for your services and agree to indemnify, defend and hold harmless Mama’s Delight from any claims, suits, losses, damages, costs, and expenses relating to or arising from your services, including any violation of any regulations, or other taxes and payments which may be applicable to your service.

b) No Identity Verification by Mama’s Delight: You acknowledge and understand that Mama’s Delight does not attempt to confirm, and does not confirm, any user's (whether Cook or Customer) purported identity. We do not investigate any user's reputation, conduct, morality, criminal background check or verify the information that any Customer submits to the Site. We do not endorse any persons who use or register for the services, whether as Customers or Cooks. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Website. You agree to exercise caution and good judgment in all interactions with other users. Mama’s Delight encourages you to communicate directly with others through the tools available on the website and to review your Cooks' profile pages for feedback from other Customers and in case of issues communicate with us directly.

c) Release of Liability and Hold Harmless: To the extent permitted under applicable laws, you hereby release Mama’s Delight from any liability related to:

1. Any incorrect or inaccurate content posted on the services, whether caused by us or any Customer of the services, or by any of the equipment or programming associated with or utilized in the services;

2. The conduct, whether online or offline, of any Cook or Customer;

3. Any injury, loss, or damage caused by another user, any meal, or content posted on the services, whether online or offline; and

4. Any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, the services' users' communications. 

d) You expressly acknowledge and agree that your use of the website and services is at your sole risk and that, to the maximum extent permitted by applicable law. The website and services and any content or information provided by the website or services are provided “as is” and “as available”, with all faults and without warranty of any kind, and Mama’s Delight hereby disclaims all warranties and conditions with respect to the website and services and any content or information provided by the website or services either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement. Mama’s Delight does not warrant that the website or services or any content provided by the website or services, including any Customer content, will meet your requirements that the operation of the website or services will be uninterrupted or error-free, or that defects in the website or services will be corrected. No oral or written information or advice is given by its authorized representatives or we will create a warranty.

e) Limitation on liability: Neither Mama’s Delight, its affiliates, nor any of their respective officers, directors, agents, or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of use, data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your use of the website or services or arising out of any action taken in response to or as a result of any content or other information available on the website or services, however, caused, whether based on breach of contract,(including negligence), proprietary rights infringement, product liability or otherwise. The foregoing will apply even if Mama’s Delight was advised of the possibility of such damages. If you become dissatisfied in any way with the website or services or these terms your sole and exclusive remedy is to stop your use of the website or services.

6. Performance outcome:

The home-based business code:

a) Is a small scale activity;

1. The home-based business is conducted by a resident or residents of the premises and not more than one non-resident employee.

2. The total area used for the home-based business does not exceed 30m2 GFA.

b) Maintains the appearance of a residential dwelling;

c) Does not impact on the residential amenity and character of the area;

d) Does not involve activities that would be compatible or cause a nuisance to the residential area;

1. Is conducted between the hours of 8.00 am to 8.00 pm Monday to Saturday;

2. Is not conducted on Sundays or public holidays.

e) Is subordinate to the primary use of the dwelling as a permanent residence;

f) Involves no signage that complements the character of the area and does not visually dominate the streetscape.

1. No Signage of any kind allowed outside.

2. No goods or equipment associated with the activity are stored or displayed where they are visible from outside the site.

3. Development does not involve any source of power other than an electric motor of no more than 400 watts.

4. The home-based business results in no noise or odour extending beyond the site.

g) Vehicles associated with the home-based business do not cause a nuisance on surrounding properties or adversely impact on the amenity of the surrounding area.

1. Not more than one vehicle associated with the home-based business is garaged or parked on the site.

2. Any vehicle associated with the home-based business does not exceed 4 tonnes gross vehicle mass (GVM).

3. Loading and unloading of deliveries are undertaken within the site.

h) Vehicle movements generated by the home-based business are of a level reasonably expected for dwellings within a residential area.

i) The home-based business results in no more than:

1. 9 Business-related visits per day;

2. 1 Business-related delivery per day.

7. WEBSITE DOWNTIME

In case if the platform or server is down for any technical reasons beyond our control, we will negotiate a solution with you based on a case by case. If the orders were made but the platform is not functioning for pickup information, we will do our best to resolve this issue with you directly. As this model works purely on platform downtime or out of service will be expected from time to time.

8. THE WEBSITE AND SERVICES

    a) Use of Licensee and information

1. Licenses: Subject to these Terms, Mama’s Delight grants you a non-transferable, non-exclusive, license to use the website and services for your personal use. You consent to Mama’s Delight photographing and/ or recording your participation in an event (whether you are a Customers or a Cooks) and further agree that:

2. Any such image, recording, or video will be owned exclusively by Mama’s Delight;

3. To the extent that your name, likeness, biography, and/or voice appears in any such Recording, you grant to Mama’s Delight an unrestricted, perpetual, worldwide right to use your Image as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the website and services. 

    b) Restrictions on Use

The rights granted to you in these Terms are subject to the following restrictions:

1. You will not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the website or services;

2. You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the website or services except to the extent the foregoing restrictions are expressly prohibited by applicable law;

3. You will not use any manual or automated software, devices, or other processes to download data from any webpages contained in the website except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such, and any such use is expressly unauthorized;

4. You will not access the website or services in order to build or promote a similar or competitive website, application, or service; and

5. Except as expressly stated herein, no part of the website or services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the website or services will be subject to the Terms. All copyright and other proprietary notices on any site or Services content must be retained on all copies thereof. Mama’s Delight makes no representation that the website or services are appropriate for use in locations other than Australia. Mama’s Delight reserves the right in its sole discretion to modify, suspend, or discontinue the website or services or any part thereof with or without notice at any time for any reason. You agree that Mama’s Delight will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website or services or any part thereof.

    c) Ownership

Except with respect to your Customer Content (as defined below), you agree that

1. The website and services are and will remain the sole property of Mama’s Delight and is subject to protection under Australian and foreign copyright laws and

2. Mama’s Delight (and its licensors, where applicable) owns all rights, title, and interest, including all related intellectual property rights, in and to the website and services. The provision of the website and services does not transfer to you or any third party any rights, title, or interest in or to such site or services. The Mama’s Delight name, logo, and the product names associated with the website or services belong to Mama’s Delight (or its licensors, where applicable), and no right or license is granted to use them by implication or otherwise. Mama’s Delight (and its licensors, where applicable) reserves all rights not granted in this Agreement.

    d) Updates

As detailed further below, Mama’s Delight provides the website and services on an “AS-IS” basis. You agree that Mama’s Delight is not obligated to create or provide any support, corrections, maintenance, updates, upgrades, bug fixes, and/or enhancements of the website or services (each an “Update”). However, in the event Mama’s Delight decides to offer an Update, you agree that Mama’s Delight may amend these Terms in connection with such Update without specific notice to you other than a written notification upon order checkout (and a box you will have to check) and that your use of the website or services following such Update is conditioned upon your acceptance of any revised Terms. By using the website or services following an update, you are representing that you have reviewed the then-current version of the Terms and agree to be bound by such version. All updates will be governed by the version of these Terms published by Mama’s Delight as of the date you use the website or services following such update.

    e) Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to us (“Feedback”) is at your own risk and that Mama’s Delight has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Mama’s Delight a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. In case of negative feedback from Customers or Cooks, we will be investigating the issues.

9. ACCOUNTS

a) In General: In order to use certain aspects of the services, you may have to register for an account with us. To create an account, you must provide certain information about yourself as prompted by the registration process on the Website. You represent and warrant that:

1. All required registration information you submit is truthful and accurate, and

2. You will maintain the accuracy of such information. You may delete your account at any time, for any reason, by following the instructions on the Site. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.

b) In case of deletion of your account, Mama’s Delight has the right to hold on to your information and invoices that may be subject to ATO auditing or any other legal issues that may arise as a result of you’re using our service.

1. You agree to immediately notify Mama’s Delight of any unauthorized use, or suspected unauthorized use of your account, or any other breach of security. Mama’s Delight cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. You may not have more than one account. You agree not to create an account or use the website or services if you have been previously removed by us or banned from any of the services. Mama’s Delight reserves the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the website or services (or any portion thereof) at any time for any reason.

3. You agree that Mama’s Delight will not be liable to you or to any third party for any suspension or termination of your account or any refusal of any use of the website or services (or any portion thereof) or any loss of income. Information on your profile will include information and content you provide and/or upload as well as information we collect from your account with social networking sites. Mama’s Delight reserves the right in its sole discretion to remove Profile Information at any time for any reason. You agree that Mama’s Delight will not be liable to you or to any third party for such removal.

10. Customer Content

a) Your Customer Content: “Customer Content” means any and all information and content that a Customer submits to, or uses with, the website or services. You, and not Mama’s Delight, are solely responsible for your Customer Content. You assume all risks associated with the use of your Customer Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your Customer Content that makes you or any third party personally identifiable. You hereby represent and warrant that your Customer Content does not violate the Acceptable Use Policy (as defined below). You may not state or imply that your Customer Content is in any way provided, sponsored, or endorsed by Mama’s Delight. Because you alone are responsible for your Customer Content (and not Mama’s Delight), you may expose yourself to liability if, for example, your Customer Content violates the Acceptable Use Policy. Mama’s Delight is not obligated to backup any Customer Content and Customer Content may be deleted at any time. You are solely responsible for creating backup copies of your Customer Content if you desire. Mama’s Delight has no responsibility or liability for the deletion or accuracy of any Customer Content; the failure to store, transmit, or receive transmission of Customer Content; or the security, privacy, storage, or transmission of other communications originating with or involving the use of the website or services. You acknowledge that Mama’s Delight has no obligation to pre-screen Customer Content, although Mama’s Delight reserves the right in its sole discretion to pre-screen, refuse, or remove any Customer Content at any time for any reason. Please make sure that you only provide information to the services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible by Customers of the website and services.

b) License to Customer Content: You hereby grant, and you represent and warrant that you have the right to grant, to Mama’s Delight an irrevocable, perpetual, nonexclusive, royalty-free, and fully-paid, worldwide license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Customer Content (in whole or in part), and to grant sublicenses of the foregoing, solely for the purposes of including your Customer Content in the website and services and operating and providing the website and services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Customer Content.

c) Ownership: Each Customer owns its own Customer Content. By making available your Customer Content on or in the website or services, you represent that you own or have all rights necessary to make available your Customer Content.

d) Content Provided by Other Parties: The website and services may contain Customer Content provided by other Customers or third parties. We are not responsible for and do not control such content. We have the right, but no obligation to review or monitor such content. We do not approve, endorse or make any representations or warranties with respect to such content. You use all such contact at your own risk.

11. ACCEPTABLE USE POLICY

a) In General: As a condition of use, you agree not to use the website or services for any purpose that is prohibited by the Terms or by applicable law. You will not (and will not permit any third party) either

1. Take any action or

2. make available any Customer Content on or through the website or services that:

    a. Violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

    b. Is unlawful, threatening, abusive, harassing, harmful, defamatory, trade libellous, deceptive, fraudulent, false, intentionally misleading, pornographic, invasive of another's privacy, tortious, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual), vulgar, profane or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;

    c. In violation of any laws, or obligations, or restrictions imposed by any third party;

    d. Constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

    e. Involves commercial activities and/or sales without Mama’s Delight's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;

    f. Impersonates any person or entity, including any employee or representative of Mama’s Delight, or falsifies or misrepresents yourself or your affiliation with any person or entity;   

    g. Interferes with or attempt to interfere with the proper functioning of the website or services or uses the website or services in any way not expressly permitted by the Terms;

    h. Harasses or interferes with another user's use and enjoyment of the website or services;

    i. Harvests, collects, gathers, or assembles information or data regarding other users, including e-mail addresses, without their consent;

    j. Displays, mirrors, or frames the website

    k. Attempts to engage in or engage in, any potentially harmful acts that are directed against the website or services, including but not limited to violating or attempting to violate any security features of the website or services, using manual or automated software or other means to access any pages contained in the website or services, introducing viruses, worms, or any software intended to damage or alter a computer system or data, interfering with, disrupting, or creating an undue burden on servers or networks connected to the website or services or violate the regulations, policies or procedures of such networks, attempting to gain unauthorized access to the website or services, other computer systems or networks connected to or used together with the website or services, through password mining or other means.

b) Community Interactions: The website may include various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real-time (the “Community Forums”). In connection with such Community Forums, you agree to abide by any rules that Mama’s Delight publishes in connection therewith, including but not limited to, the prohibition on the use of the website for any unlawful purpose. Although Mama’s Delight may from time to time review the Community Forums, you acknowledge and agree that Mama’s Delight is under no obligation to monitor or control, and will have no liability for, any information available via the Community Forums. You acknowledge that any opinions, statements, recommendations, offers, advice, or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Mama’s Delight reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.

c) Investigations: Mama’s Delight reserve the right (but has no obligation) to monitor or review the website and services and Customer Content at any time, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your Customer Content, terminating your account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy, any other provision of the Terms, any applicable law or otherwise create liability for us or any other person.

12. FEES

a) Cook Compensation: The website enables Cooks to connect with and provide food to Customers. Since each Cook is solely responsible for all out-of-pocket costs involved with each event, the website enables Cooks to set a per-portion price for their service or “Contribution”. Each Customer will pay the contribution for such service upon pickup by the Payment system or Credit card. By reserving service in connection with a service, you agree that your payment card or other payment means may be charged for the full amount of the contribution upon pickup at the event. A portion of your contribution may be deducted to cover any Mama’s Delight fees, with the remainder to the Cook. Contributions are non-refundable.

b) Mama’s Delight Fees: Joining the Website, creating an account, and creating and searching for services are free. Mama’s Delight does, however, charge a fee to Cook for using the services. The fees Mama’s Delight charges Cooks are currently 9% of all sales revenue, which we may change from time to time. Changes to that schedule are effective after we provide you with at least thirty (30) days' notice by posting the changes on the Website. Mama’s Delight may choose to temporarily change the fees, waive the fees, or offer discounts for the services, promotional events, or new services (“Discounts”), which may be subject to additional terms and conditions. If there is a delivery to be made based on our terms and conditions then you (Customer) will be charged a delivery charge of $6.00 if Cooks decide to deliver.

f) Procedure for Binding Arbitration: If the Dispute is not resolved upon expiration of the 30-day period set forth, then either party may elect to commence binding arbitration. You agree and understand that by agreeing to these terms, you and Mama’s Delight are each waiving the right to trial by jury. The arbitration shall proceed as follows:

1. Administration: Arbitration shall be administered by the Australian Dispute Centre and governed by its Commercial Arbitration Rules and, where applicable, the Supplementary Procedures for Consumer-Related Disputes (“Rules”) as modified by this section. 

2. Payment of CCC Fees and Costs: There may be filing fees and other costs involved associated with CCC arbitration. Each party shall be responsible for his, her, or its share of the CCC costs and fees as set forth in the CCC rules.

3. Hearing Procedure: The arbitration will be conducted solely based on written submissions unless the amount in controversy exceeds $10,000 and the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

4. Location: If commenced by a consumer, the arbitration will take place in the county in which you reside at the time the arbitration is filed. If commenced by Mama’s Delight, the arbitration shall take place in the county in which you reside unless the amount in controversy exceeds $10,000. In that case, Mama’s Delight may elect to have the hearing in Queensland.

5. Class Action Waiver: You and Mama’s Delight agree that each may bring claims against the other only in your or its individual capacity, and not as a representative of any purported class or other types of representative proceeding. This waiver will apply regardless of the type of relief sought (monetary or injunctive) and any relief sought shall be applicable only to you in your individual capacity. No arbitration shall be joined with any other and no aggregate proof or other class action or representative procedure is allowed. Unless all parties agree otherwise, the arbitrator may not consolidate more than one person's claims, otherwise preside over any form of a representative or class proceeding. Any injunctive relief awarded shall be limited to the extent necessary to resolve the individual Dispute. This arbitration agreement shall be null and void if this subdivision (e) is found to be unenforceable.

6. Choice of law: The interpretation of this Agreement shall be governed by the Federal Arbitration Act and Queensland substantive law. Any claim that arises out of or relates to the services and that is subject to arbitration under this provision shall be governed exclusively by Queensland law, without regard to a conflict of law analysis.

7. Attorneys' fees and costs: If you are the prevailing party in any arbitration, then Mama’s Delight will not reimburse you for your attorneys' fees, if any, incurred in prosecuting or defending arbitration under this section. This subdivision does not include any attorneys' fees incurred in any court proceeding that is related to or arises out of the dispute, including but not limited to fees incurred as a result of a motion to compel arbitration or any post-arbitration challenge to either the arbitration award or the arbitrator's authority that is brought in a state or federal court. Mama’s Delight will not pay you any fees for recovery.

8. The applicable CCC Rules shall govern any and all aspects of the arbitration that are not otherwise provided for herein. 

g) Modifications to this Provision: Mama’s Delight may modify the provisions of this agreement to arbitrate at any time. However,

1. Mama’s Delight will provide written notice of modifications;

2. Modifications will become effective 30 days after notice of them is provided;

3. Mama’s Delight will not enforce modifications to this agreement to arbitrate to arbitration proceedings pending at the time of the amendment unless all parties consent in writing to the amendment.

16. GUIDELINES FOR COOK

If you are registered as a Cook please read this section carefully as this might affect you.

As a part of our mission for healthy meals, these conditions are recommended and if you are finding it difficult to follow please do not join our website.

What is not recommended?

•            None Virgin oil

•            Deep fry food (Commercial Deep fry)

•            Overnight food

•            Fridge cooked meals

•            Out of date frozen meat

•            Out of date vegetables

Minimum Requirements:

•          Basmati rice if rice as a part of your main meal

•            Virgin oil for cooking

•            Hot food with a minimum temperature kept at 70 degrees Celsius.

•            Allocated space in Freezers for frozen items

•          Allocated fridge space for row vegetables

•          Allocated space in the kitchen for your business

•            2 chopping boards one for vegetables and one for meat

•            Apron

•            Headband

Licenses, Certificates and Registration:

•          ABN registered

•            Food license if applicable

•            Food safety supervisor’s certificate

•            Pest control certificate

•            Products-liability-insurance

17. GUIDELINES FOR INSPECTORS

You are required:

•          To have ABN

•             To have a car license

•             Have a general knowledge of what is required (Training is provided)

•             Hospitably experience is an advantage.       

18. MISCELLANEOUS PROVISIONS

 a) Overall Agreement; Severability; Waiver: These Terms constitute the entire agreement between you and Mama’s Delight and supersede all prior and contemporaneous discussions between the parties with respect to the subject matter hereof. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. No failure or delay by Mama’s Delight in exercising any right hereunder will not be deemed a waiver of any other provision or of such provision on any other occasion.

b) Successors; Assignment; Relationship of Parties: This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms or your rights and obligations hereunder without Mama’s Delight's prior written consent, and any attempted assignment or transfer in violation of the foregoing will be null and void. Your relationship to Mama’s Delight is that of an independent contractor, and neither party is an agent or partner of the other.

c) Governing Law and Jurisdiction: for non-arbitral claims, and to the maximum extent permitted by applicable law, the provisions of this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Queensland, without regard to principles of conflicts of law. Each of the parties hereto irrevocably and unconditionally confirms and agrees that it is and shall continue to be

1. Subject to the jurisdiction of the state courts of the State of Queensland, and

2. Subject to service of process in the State of Queensland. Each party hereto hereby irrevocably and unconditionally

a) Consents and submits to the exclusive jurisdiction of any state court located in the State of Queensland (the “Queensland Courts”), for any actions, suits or proceedings arising out of or relating to this agreement or the transactions contemplated by this agreement(and agrees not to commence any litigation relating thereto except in such courts), and

b) Waives any objection to the laying of the venue of any such litigation in the Queensland Courts.

c) Changes to the Terms: The Terms may be updated from time to time for any reason. We will notify you of any changes to our Terms by posting the new Terms here: MamasDelight.com.au

d) After we make the change and we will change the “Last Revised” date above. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any). Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new Customers of our Website or services. Continued use of our website or services following notice of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

e) Contact Information: Mama’s Delight's contact information for any end-Customer questions, complaints, or claims with respect to the website of services is:

Mama’s Delight,

www.mamasdelight.com.au

Info@mamasdelight.com.au