FoodStorm Terms of Service

By using the foodstorm.com web site (“Service”), or any services of CaterXpress Pty Ltd (“CaterXpress”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

CaterXpress reserves the right to update and change the Terms of Service from time to time without notice. Any new features that extend the current Service, or changes to existing features, shall be subject to the Terms of Service. Continued use of the Service after any such changes will constitute your consent to such changes. You can review the latest version of the Terms of Service at any time at: http://www.foodstorm.com/terms

Violation of any of the terms below will result in the termination of your Account.

Account Terms

  1. You must be 16 years or older to use this Service.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
  4. You are responsible for all activity that occurs under your account (even when the activity is by others who have accounts under your account).
  5. You are responsible for maintaining the security of your account and password. CaterXpress cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. One person or legal entity may not maintain more than one free account.

Payment and Refund Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. An upgrade from a free trial to any paying plan will end your free trial. On upgrading, you will be billed for your first month at the end of your trial; or if your trial has already ended you will be billed immediately.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding Australian taxes.

Upgrading and Downgrading Terms

  1. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  2. Downgrading your Service may cause the loss of content, features, or capacity of your Account. CaterXpress does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking the Account link within the FoodStorm system and following the on-screen instructions.
  2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  3. All of your content will be deleted from the Service within 24 hours of cancellation. This information can not be recovered once your account is cancelled.
  4. CaterXpress, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CaterXpress service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. CaterXpress reserves the right to refuse service to anyone for any reason at any time.

Content Ownership & Copyright

  1. CaterXpress claim no intellectual property rights over the material you provide to the Service. All data you upload remains yours. However, by setting your data to be shared publicly, such as via the shopping cart module, you agree to allow others to view and share your data.
  2. CaterXpress does not pre-screen content, but CaterXpress have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
  3. The look and feel of the Service is copyright© CaterXpress Pty Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from CaterXpress.

Changes to the Service and Prices

  1. CaterXpress reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the FoodStorm site (www.foodstorm.com) or the Service itself.
  3. CaterXpress shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only available via email.
  3. You understand that CaterXpress uses third party suppliers to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CaterXpress, or any other CaterXpress service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CaterXpress.
  6. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. Verbal, physical, written or other abuse (including threats) of any CaterXpress customer, employee, or officer will result in immediate account termination.
  9. CaterXpress does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) any errors in the Service will be corrected.
  10. You expressly understand and agree that CaterXpress shall not be liable for any direct or indirect damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if CaterXpress has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; (iv) or any other matter relating to the service.
  11. The failure of CaterXpress to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CaterXpress and govern your use of the Service, superceding any prior agreements between you and CaterXpress (including, but not limited to, any prior versions of the Terms of Service).
  12. Questions about the Terms of Service should be sent to support at foodstorm dot com.