Last Updated April 01, 2016
Definitions and Interpretation
“Account Information” has the meaning given in clause 4.2;
“Casper” means the website and mobile or tablet application that provides you access to the Services, as identified in the Schedule;
“Content” means all material, content and information, including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
“Dispute” has the meaning given in clause 15.1;
“Dispute Notice” has the meaning given in clause 15.2;
“Intellectual Property” or “Intellectual Property Rights” includes all present and future rights in relation to copyright, trade marks, designs, patents or other proprietary rights, or any rights to registration of such rights whether created before or after the date of these Terms;
“Meal Provider” means an independent third party who offers and sells food products or goods, or a service to supply food products or goods, using Casper;
“Member” or “Membership” has the meaning given in clause 4.1;
“Owner”, “We”, “Our” or “Us” means the owner of Casper, as identified in the Schedule, and includes our directors, officers, employees and agents, and expressly excludes Meal Providers;
“Parties” means You and Us;
“Schedule” means the schedule to these Terms;
“Services” has the meaning given in clause 3.1;
“Site Content” means all Content made available on Casper by Us;
“Terms” means this agreement (including the recitals and the Schedule), as amended from time to time;
“Third Party Content” means Content made available on Casper by a third party or Meal Provider; and
“You”, “Your” or “Yourself” means you as the user of Casper.
“Us” means Casper.
Chef Casper Pty Ltd. uses the trading name ‘Casper’ and will be referred to as ‘Casper’ for the remainder of this document.
Information We May Collect from You
Information You Provide to Us:
We collect information you provide to us. We collect information, including personal information, when you register for an account on Casper, participate in any interactive features of our app or website, or purchase a meal made available through our services and/or otherwise communicate with us.
The types of information we may collect from you include, but are not limited to: your name, post address, phone number, email address, delivery and any dietary preferences and any other information you choose to provide.
Information We Collect Automatically from You:
When you access or use our services, the types of information we may automatically collect about you include:
· Information from Mobile Device: We collect information from the mobile device you use to access or use the App. These include the hardware model, operating system and version, mobile network information, browser type and version, time zone setting, location data, logs, traffic data, communication data and the resources that you access and use on or through the App browser plugin types and version, unique device identifiers such as MAC addresses and IP addresses, mobile network information and information about your use of the App. We may also assess metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, information from your address book, and personal contacts.
· Information Collected by Cookies and Other Tracking Devices: Like many website operators and mobile application operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information. With your consent, we may also collect real-time information about the location of your mobile device and access and collect information from certain native applications on your device (such as the camera on your device and photo album) to facilitate certain features of the App. If you do not want us to collect this information you may opt out by adjusting the settings of your mobile device. Note, however, that opting out of the App's collection of location information will cause its location based features to be disabled and certain other functions of the App to not function properly. For more information about how you can control the collection of location information and/or our access to other applications on your device, please write to us directly at firstname.lastname@example.org.
“Web Beacons” (also known as clear gifs or) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on your hard drive, Web Beacons are typically embedded invisibly on web pages (or in an email).
Information We Collect From Other Sources. We may also receive information from other sources and combine that with information you provide to Us through our Services. For example if you choose to link, create, or log in to your Account with a payment provider (e.g., Paypal) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
Use of Information:
We may use information about you for various purposes, including but not limited to the following:
· Observe and analyse trends, activities on the app, and usage in connection with the App;
· Deliver, uphold and advance the App and the Services;
· Comply with laws and regulations;
· Manage your Account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;
· Link or combine with information we get from others to help understand your needs and provide
you with a more user friendly experience; and
· Carry out our obligations and enforce our rights arising from any contracts entered into between
you and us, including for billing and collection;
· Respond to your comments, questions and provide customer service
· Provide you with information about goods or services that may interest you;
· Present advertisements to you;
· Maintain the security of our Services
· Improve the Services and present content in the best way for you and for your device(s);
· Send you emails and text messages about updates, information, or alerts regarding the Services;
· Carry out any other purpose for which the information was collected.
Casper can be used internationally. By using the app, you consent that your use of the app is compliant with your respective government’s legislation. By accessing or using the App or otherwise providing information to us, you consent to the processing and transfer of information in and to your respective country.
How We Share Information with Third Parties
Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling, advertisement, and other similar purposes.
Information Shared with Our Service Providers. We may engage third party service providers to collaborate with us to administer and provide the Services, such as to process your payments. Such third party service providers have access to your personal information only for the purpose of performing Services on our behalf and are expressly obligated not to disclose or use your personal information for any other purpose.
Information involved in Business Transactions. Information that we collect from you, including personal information, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your personal information may be disclosed or transferred to the third party acquirer in connection with the transaction.
Information We Disclose With Your Consent or at Your Request. We may share your personal information with third party sites or platforms, such as social networking services; if you have expressly authorized and requested that we do so. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and stay compliant with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; (ii) to respond to claims, legal process (including subpoenas); (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
Listings. If you post something for sale, Casper may publish that Listing publicly via the Site and App. We may enable third parties to publish your Listing on their websites through the use of an HTML “widget”. We may also display the geographical location of your Listing in the form of a map so that buyers on Casper can see the general area and neighbourhood of your Listing. Only when you enter into a confirmed transaction with another Casper member (i.e. you purchase a meal from a Casper Chef), will your actual street address be disclosed.
If you enter into a business transaction with another Casper Chef, Casper will share the following information about you with the applicable Casper Chef: (i) your profile name, (ii) a link to your Casper profile page, and (iii) review or comments made about you by other Cooks, (iv) and your contact details. When a meal is confirmed, we will share information of the Chef’s registered information including, but not limited to: full name, phone number, the Meal’s address and the Cook’s email address, with the applicable purchaser, so that the purchaser and Chef may contact one another directly.
Security of Your Information. We take reasonable measures to protect the information that we collect from or about you (including your personal information) from unauthorized access, use, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we can’t guarantee the absolute security of any information.
Identity theft and “phishing” are of great concern to us. Safeguarding your information to help protect you is a top priority for us. We won’t ever request any personal information from you through unsolicited emails, text messages, or phone calls, so please don’t try to provide your personal information to us except through our App. If you suspect someone is trying to obtain your personal information by impersonating us or misleading you or other members of our community about the suspect person’s relationship to us or to our Services, please contact us immediately at email@example.com
Compliance with Laws and Law Enforcement. Casper cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Casper or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Modifying Your Information. You can access and modify the personal information associated with your Account by changing it in your Account profile. If you want us to delete your personal information and your Account, please contact us with your request at firstname.lastname@example.org. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Your Choices. You may have the opportunity to receive certain communications from us related to the Services. If you provide us with your email address in order to receive communications, you can opt out at any time using the unsubscribe links at the bottom of our emails or by writing to email@example.com. Please note that certain emails may be necessary for the operation of the services. You will continue to receive these emails, if appropriate, even if you unsubscribe from our optional communications.
Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Certain legal obligations require that we disclose how websites we operate react to Do Not Track signals. The Services do not currently change the way they operate based upon detection of a Do Not Track or similar signal.
Please note that we cannot control how third party websites or online services you visit through our WiFi services respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.
Our Policy Towards Children. We do not offer services to, or target, persons under the age of 13. In compliance with the Children's Online Privacy Protection Act, we will purge any information we receive from people we believe to be children under 13 from our database and cancel the corresponding accounts.
Contact Us. To contact us please email us at firstname.lastname@example.org