User Terms of Service

November 9, 2018

Thank you for using Palate. PALATE FINE FOODS PTY LTD operates the Palate app. This page informs you of our terms and conditions regarding the use of our service. By agreeing to use Palate, you agree with the following terms of Service stated below.

  1. Intellectual Property
  2. We would like to inform users that the contents, logo and other visual media is protected by copyright laws. All right, title and interest of whatever nature found in Palate programs, routines, structures, layout, report formats, together with all subsequent versions, enhancements and supplements thereof, all copyright rights (including both source and object code) and any information relating to the programs conveyed in confidence by the Administrator which is not generally known to the public and all other forms of intellectual property of whatever nature is and shall remain the sole and exclusive property of Palate.

    We do not allow the user to remove any marks, labels or other legal or proprietary notices in Palate, or attempt to modify any content obtained through the use of the app, including any modification for the purpose of disguising or changing any indications of the ownership or source of the app, or any acts committed which would constitute a copyright infringement or a violation of any other applicable Intellectual Property right.

  3. Acceptable Use
    • Restrictions
    • Any user may freely use the app subject to restrictions of abuse. Palate has its sole discretion to deactivate any the user account, or disable access to the app, or delete the user content you collected through the use of the app in case of abuses or negative use which is totally prohibited under the terms of use, including but not limited to the following:

      • To abuse, harass, threaten, impersonate or intimidate any person;
      • To post or transmit or cause to be posted or transmitted any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that infringes any copyright or other intellectual property right of any person;
      • To communicate with Palate representative or other users in an abusive and offensive language;
      • For any purposes of posting and viewing content that is not permitted under the law of the jurisdiction where you use the app;
      • To post or transmit or cause to be posted or transmitted, any form of communication designed or intended to obtain confidential and private information such as password, account name, etc. of the user;
      • To create or transmit unwanted messages to the Palate representative, users or any other person;
      • To post any copyrighted content that does not belong to you unless you provide appropriate attribution to the copy right owner or link it to the source of the content;
      • To modify, retransmit and redistribute content for profit any Palate content that you may obtain through app except as specifically permitted and only in the exact manner provided;
      • To use Palate or any content thereof in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any content presented.
    • Links Found To Other Web Sites
    • Users shall be responsible for any third-party websites that is linked to the app. By following the link of third-party websites, the users are advice to read before agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties. The third-party websites are independent entity from that of Palate.

    • User Content
    • Palate allows users to create content and make that content public for other users to view. By agreeing to the terms of Palate, users give consent and authorize Palate to share this content in public and make it available for all other users. If any content is found to constitute a copyright infringement or a violation of any other applicable Intellectual Property right, Palate reserves its right to takedown notices received and remove the content of such user.

    • Warranties and Limited Liability
    • To the maximum extent permitted by applicable law, we don’t make any commitments about the precision of content within Palate, the specific functions of the app, or the reliability, availability, or ability to meet user’s needs. Palate is provided in “as is” and “as available” condition with all faults and exclude all warranties,

      either express, implied or statutory in nature.

      Other than as expressly set out in these terms or additional terms, Palate makes no any specific promises about the services. No written information or advice given to the user shall create any warranty to the users.

    • Modification and Termination
    • The decision to modify, add, remove the terms that may apply to the app is within the Sole discretion of Palate. Such changes to the terms or changes to our Services shall be reflected and posted in this page. We advise that you should look at the terms regularly.

      In accordance with the applicable law, changes will not apply retroactively but will become effective within fifteen days after that start of posting. Any changes addressing new functions for legal purposes and in compliance with the law shall be effective immediately.

      Any disagreement in this term allows the users and opt for the discontinued use of Palate.

      Should there be any conflict between the previous terms and the applied changes on the terms, the newly introduced terms shall govern. If some of the terms is rendered

    • Jurisdiction
    • All claims arising out of or relating to these terms or the services is governed and will be litigated exclusively by the law of the jurisdiction(s) of Australia, VIC, NSW, ACT, QLD, SA, WA, NT and TAS. The rights, powers and remedies provided in the terms are cumulative with and not exclusive of the rights, powers or remedies of the parties provided by law and in equity independent of this agreement.

    • Special Condition
    • If in any case the user does not comply with the terms set out in this agreement and Palate do not take actions to address it immediately, this does not mean that Palate gave up any of its rights and remedies available for him. He may commence any action in the future at his own discretion.