HOME ICE CREAM PTY. LTD., Last Updated: 11 MAY 2018
These Terms & Conditions of Use govern your use of the Home Ice Cream website, Facebook and applications, including online and SMS ordering. References to 'website' include the following (as appropriate): https://www.homeicecream.com or any other site, services (including web-services), software, application or media managed by Home Ice Cream. Your use of the Home Ice Cream website or Facebook store/shop constitutes your acceptance of these Terms & Conditions of Use.
Subject to law, Home Ice Cream may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. Home Ice Cream recommends you carefully read, each time you visit the website, the Terms & Conditions of Use as they may affect your rights.
If you do not agree with the Terms & Conditions of Use, do not use the website, Facebook Store/Shop or order online or via SMS.
These Terms & Conditions of Use apply to all users of the Home Ice Cream website. The Home Ice Cream website may include content, information or links to third parties or third party websites. By accepting these Terms & Conditions of Use you agree to hold harmless and relieve Home Ice Cream from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
YOUR ACCESS TO THE WEBSITE
Home Ice Cream hereby provides its permission for you to access its website, Facebook Store/Shop and any other digital platform aligned with Home Ice Cream in accordance with these Terms & Conditions of Use, provided that (1) your use of the website is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose, and (3) you will otherwise comply with the Term & Conditions of Use.
You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the Home Ice Cream website, Home Ice Cream Facebook Store / Shop, online or SMS ordering, including without limitation, publishing or distributing vouchers or codes, "robots", "spiders", "offline readers" and the like. Notwithstanding the foregoing, Home Ice Cream grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Home Ice Cream reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information from the website or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the website with respect to their submissions to the website.
INTELLECTUAL PROPERTY RIGHTS
The website contains many valuable trademarks owned and used by Home Ice Cream and its subsidiaries, Master Franchisor, affiliates and related entities throughout Australia. These trademarks are used to distinguish Home Ice Cream’s quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Home Ice Cream.
The text, graphics and Home Ice Cream html code (including flash files and java script) contained in the website are the exclusive property of Home Ice Cream, its affiliates or related entities. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of Home Ice Cream.
The website may link to sites not maintained by or related to Home Ice Cream. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or Home Ice Cream. Home Ice Cream has not reviewed the sites hyper-linked to or from this website and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Home Ice Cream makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, Home Ice Cream does not implicitly endorse third-party sites hyper-linked to this website.
The content on the Home Ice Cream website, except all User Submissions (as defined below), including, without limitation, the text, software, scripts, graphics, photos, images, concepts, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Home Ice Cream, subject to copyright and other intellectual property rights under Australian conventions. Content on the website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Home Ice Cream reserves all rights not expressly granted in and to the website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
The Home Ice Cream website, application/s or software may now or in the future permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website ("User Submissions") and the hosting, sharing and/or publishing of the User Submissions. Once the User Submissions are submitted to our website or through social media managed by Home Ice Cream, the submissions become property of Home Ice Cream. You understand that whether or not such User Submissions are published on the website, Home Ice Cream does not guarantee any confidentiality with respect to any submissions. You agree that Home Ice Cream may publish your name and submissions on the Home Ice Cream website, Home Ice Cream’s managed social media, advertising, print material or in any other press releases of media items.
In connection with your own User Submissions, you affirm, represent and warrant that:
- you own or have the necessary licenses, rights, consents and permissions to use and authorise Home Ice Cream to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and Terms & Conditions of Use;
- and you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Home Ice Cream.
By submitting the User Submissions to Home Ice Cream, you hereby grant Home Ice Cream a perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and the Home Ice Cream business, including without limitation for promoting and redistributing all or part of the website (and any derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the website under these Terms & Conditions of Use; and
- in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Home Ice Cream all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Home Ice Cream or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Home Ice Cream does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Home Ice Cream expressly disclaims any and all liability in connection with User Submissions. Home Ice Cream does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Home Ice Cream will block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. Home Ice Cream reserves the right to remove content and User Submissions without prior notice.
Home Ice Cream may also terminate, without notice, a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. Home Ice Cream also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Home Ice Cream may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions of Use at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
If you’re product is deemed faulty, we will replace or refund your order and make sure that your next experience with Home Ice Cream is a great one! Please be aware that while we do everything from our end to complete this refund as soon as possible, it may take up to 14 business days for the refund or credit voucher to be processed, depending on your financial institution and the transaction type (ie Credit card, Paypal).
To help us be better, we need your feedback, so please, let us know what you think.
Australia: Call 1800 061 805 or message us on Home Ice Cream Australia Facebook Page.
ONLINE ORDERING VIA THE WEBSITE, APPLICATIONS AND SMS ORDERING
Therefore, if you sign into your Home Ice Cream Online Ordering account via your email address or an External Account (such as Facebook, Google or PayPal), on a shared computer (e.g. a public computer at a university or a library) and do not sign out, someone else who uses that computer after you may be able to access your Home Ice Cream Online Ordering account. We therefore advise that you log out of all services when you have finished using a public computer.
Where you access your Home Ice Cream Online Ordering account using a mobile device (e.g. a phone or tablet), you should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Home Ice Cream Online Ordering account(s) or any External Account that you have used to create a Home Ice Cream Online Ordering account.
You agree to accept full responsibility for all your activities on our website and applications (including for online ordering). You also acknowledge full responsibility for your use of SMS ordering. You further acknowledge that you are fully responsible for the activities of any individual who accesses our website or applications (including for online ordering) or places any SMS order, using an electronic device which remains logged in to, or associated with, your registered account.
If you order online, or submit an SMS order, we may send you an email or SMS confirming the details of your order. If you download any of our mobile applications you will receive notifications if your smart device settings enable you to do so. The confirmation email or SMS may not constitute a tax invoice. The Home Ice Cream online or SMS ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Home Ice Cream reserves the right to refuse service, terminate your access to the website or online or SMS ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.
In making the Home Ice Cream online and SMS ordering system (website and applications) available for use, Home Ice Cream:
- merely acts as an agent of sub-franchisee stores from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address);
- in its capacity as agent, collects and processes any online payments and remits this amount to the store from which the products or services are provided;
- does not (except where you order from a Home Ice Cream corporate store) provide you with any goods or services;
- makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
- does not guarantee that the website, applications and online or SMS ordering system will be error-free or that any errors will be corrected. Home Ice Cream does not guarantee that the website, applications or online or SMS ordering system will be free from viruses or other harmful components and you agree to hold harmless Home Ice Cream from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering; and
- reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
In using Home Ice Cream online or SMS ordering system (whether via the website, an application or electronic device) you:
- acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;
- acknowledge that you contract with the individual store from which you order and not Home Ice Cream (except where you order from a Home Ice Cream owned store) and therefore you have no claim, recourse or action against Home Ice Cream whatsoever (except where you order from a Home Ice Cream owned store); and
- indemnify Home Ice Cream from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.
Steps we can take against your Home Ice Cream Online Ordering Account:
- you breach any of these Terms and Conditions of Use or do anything else in connection with your Home Ice Cream Online Ordering Account that is not allowed or creates possible legal risk for us;
- we think that your password or account has been compromised;
- your Home Ice Cream Online Ordering Account remains inactive for an extended period of time (to be determined in our sole discretion),
we may choose to take one or more of the following steps against your Home Ice Cream Online Ordering Account:
- suspend access to your Home Ice Cream Online Ordering Account;
- cancel your Home Ice Cream Online Ordering Account; and/or
- ban you from creating a new Home Ice Cream Online Ordering Account in the future.
Home Ice Cream is not required to provide you with prior notice of any step(s) that it intends to take.
Some Home Ice Cream vouchers will contain a code which can be redeemed via the Home Ice Cream online ordering system. Please note that Home Ice Cream voucher codes are single use codes and are only valid for redemption online or at the back of the van. Voucher codes are not redeemable for cash or transferable.
Home Ice Cream reserves the right, in its sole discretion, to cancel any voucher code, or refuse to honour any voucher code (including after it has been redeemed by a customer), if Home Ice Cream suspects that the voucher code has been fraudulently generated and/or circulated without Home Ice Cream authorisation.
The Scoop Club is Home Ice Cream’s electronic communications database which our customers may join by opting-in. During your order via the Home Ice Cream online ordering system, you will be asked if you would like to sign up to our newsletter therefore signing up to the Scoop Club. To become a member you need to tick the box electing to become a Scoop Club member.
You may also provide your personal information to join as a Scoop Club member at the point-of sale in store, through the front page of our websites, sign up at the van, on Home Ice Cream’s Facebook page.
The database is utilised to send emails containing information such as promotions, targeted offers (including third party suppliers/partners), survey information, user feedback, value offers, news and competitions to subscribers (Members). Scoop Club Members also have the choice to opt-in to receive communication (including commercial messages and order confirmations) via SMS and, if they opt-in to this service, Home Ice Cream may send offers and deals via SMS to these members from time to time. Members are able to opt-out from receiving further email communication or SMS at the bottom of each Home Ice Cream email and SMS.
HOME ICE CREAM ONLINE ORDERING MEMBERSHIP
You may provide your personal information, through Home Ice Cream Online Ordering (via the website) to become a registered member of the online ordering system. As a registered member you will be able to save information such as your previous orders and payment details in order to improve (and speed-up) your future ordering experience with us.
EXTERNAL ACCOUNT (FACEBOOK, GOOGLE AND PAYPAL)
You may be provided with the option to create a Home Ice Cream Online Ordering account using an existing Facebook, Google or PayPal* (“External Account Provider”) account (“External Account”).
You acknowledge and agree that:
- your Home Ice Cream Online Ordering Account will only be accessible whilst your External Account remains active;
- Home Ice Cream will obtain from the External Account Provider any personal information required to create your new Home Ice Cream Online Ordering account;
- Home Ice Cream may require you to input additional information, to that provided by the External Account Provider, in order to create your Home Ice Cream Online Ordering account;
- you must sign-in to your Home Ice Cream Online Ordering account using the relevant External Account Provider button on the ‘Login’ section of our website;
- you will be unable to use the email address associated with your External Account to create an account on the Home Ice Cream website (independent of your External Account) whilst your External Account remains linked to your Home Ice Cream Online Ordering Account;
- your use of the External Account is governed by the External Account Provider’s own terms and conditions and Home Ice Cream will not be responsible for anything to do with your use of the External Account.
SMS ORDERING – AUSTRALIA ONLY
If you place an order using our SMS ordering system, you acknowledge and agree that:
- Home Ice Cream completely relies on infrastructure and systems provided by external telecommunication providers in order to receive and send any communication relating to SMS orders; and
- Home Ice Cream is not responsible for any communications relating to SMS orders which are delayed or lost due to service faults outside of Home Ice Cream control.
If you suspect or become aware that an SMS order has not been successfully transmitted to Home Ice Cream, please notify us via the Website Feedback Form.
You acknowledge that you are responsible for all costs associated with sending an SMS order to Home Ice Cream and such costs are dependent on your telecommunications service provider.
Subject to law, Home Ice Cream will not be liable for any costs, fees, claims, damages, charges whatsoever, including medical and dental costs, if a customer has any adverse reaction (including dental damage) to a product sold through Home Ice Cream vans, stores, directly or any other method.
Apple Pay may become available for payments in the Home Ice Cream app on Apple Pay compatible devices. Available only when paying in the Home Ice Cream app using Apple Pay. Not valid with any other coupon or offer.
HOME ICE CREAM ANYWHERE
Online customers may be able to order Home Ice Cream to outdoor locations like parks and beaches, subject to the following conditions:
- the order must be made and prepaid via the Home Ice Cream application or website;
- the requested outdoor delivery location must be well let, easily accessible, within a Home Ice Cream store’s delivery zone and within 100 metres of a road;
- the Home Ice Cream delivery driver must be legally permitted to access the requested outdoor delivery location;
- the Home Ice Cream delivery driver must be legally permitted to access the requested outdoor delivery location;
- the customer is required to show the driver their order confirmation email in order to receive the order; and
- if the order is prepaid using a credit card, the customer is required to present that credit card to the driver for verification.
If the Home Ice Cream delivery driver is unable to locate the customer at the specified outdoor delivery location, the driver will make reasonable efforts to contact and locate the customer before returning to the Home Ice Cream store with the undelivered order. The customer should ensure they provide an appropriate contact number when placing an order.
LIMITATION OF LIABILITY
To the extent permitted by law, Home Ice Cream liability in relation to any product or service purchased as a consequence of your use of this website is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to Home Ice Cream for the product or service.
To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms & Conditions of Use, for failure to observe or perform any of our obligations under these Terms and Conditions of Use for any reason or cause except if caused by our gross negligence. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.
You agree to defend, indemnify and hold harmless Home Ice Cream, the Master Franchisor and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the website (including any online ordering and applications); (ii) your violation of any term of these Terms & Conditions of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Home Ice Cream.
ABILITY TO ACCEPT TERMS & CONDITIONS OF USE
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions of Use, and to abide by and comply with these Terms & Conditions of Use.