Cut the Queue

ctq.com.au (the “Website”) is an interactive website which offers its customers an online platform to purchase food from take away outlets, catering services, restaurants, food suppliers, and stores (the “Services”). Our food take away, catering, restaurants, food suppliers and stores (the “Providers”) recognise the need to provide excellent client services and therefore they have agreed to provide our customers with a superior service by allowing them to Cut the Queue and access a wide range of Goods and Services (the “Providers Goods and Services”). The Website is owned by Roaming Pty Ltd (ACN 132 175 903) trading as Cut the Queue (“Cut the Queue”).

Access to and use of the Website or any of its associated products, is provided byCut the Queue. Please read the whole of this document carefully. By using the Website or reading the Site Content on the Website, you, whether or not you are a registered Customer of the Website (the “Customer”), signify that you have read, understood and agree to be bound by these terms & conditions (“Terms”). As a Customer you accept the Terms pursuant to clause 2.

Cut the Queue reserves the right to review and change any of the Terms by updating this page at its sole discretion. You should review this page regularly. Any changes to the Terms take immediate effect from the date of the publication on this page.

In order to become a Customer and to use the Services, you must first agree to the Terms. You may not use the Services if you do not agree to the Terms.

You accept the Terms by:

1. reading, reviewing or browsing the Site Content on the Website;
2. clicking to accept or agree to the Terms, where this option is made available to you by the Website in the user interface for any service;
3. logging in and registering your details; or
4. making payment or purchasing goods and services advertised for sale on the Website.

In order to access the Services, you will be required to provide information about yourself (such as your identification and/or your contact details) as part of the registration process for the Services, or as part of your continued use of the Services (“Registration Information”). Once you have provided Cut the Queue with the Registration Information, Cut the Queue will then provide you with a:

1. user ID, and
2. password.

You agree that any Registration Information you give to Cut the Queue will always be accurate, correct and up to date.

Once you have completed the registration process:

1. you will be a registered Customer, and
2. you agree to be bound by these Terms.

You may not use the Services and do not accept the Terms if:

1. you are not of legal age to form a binding contract with Cut the Queue; and/or
2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

If you do not understand any part of the Terms you should seek independent legal advice.

Before you continue, you should print off or save a local copy of the Terms for your records.

Cut the Queue offers the Services, on the understanding that you, the Customer, acknowledge:

1. access and use of the Website is limited, non-transferable and allows for the sole use of the Website in personal and/or commercial endeavours for the duration of the Services. Use of the Website for commercial endeavours must be for one of the purposes specifically endorsed or approved by the management of Cut the Queue. Illegal and/or unauthorised use of the Website, including collecting Registration Information, User ID and/or email addresses of a Provider and/or a Customer by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Customer privileges. Appropriate legal action may be taken by Cut the Queue for any illegal or unauthorised use of the Website.
2. any use of your Service by any other person, or third parties, is strictly prohibited. You agree to immediately notify Cut the Queue of any unauthorised use of your password or User ID or any breach of security of which you have become aware.
3. you have the sole responsibility for protecting the confidentiality of any password and/or User ID that may be issued to you.  Use of your password or User ID by any other person may result in the immediate cancellation of your Service.
4. you may not expressly or impliedly impersonate another Customer or another person on the Website.
5. you may not use the User ID or password of another Customer at any time.
6. you understand that Cut the Queue does not in any way screen its Providers or Customers, nor does it inquire into the backgrounds of its Providers or Customers or attempt to verify the Site Content posted by the Providers or the comments posted by the Customers. Cut the Queue makes no representations or warranties as to the conduct of its Providers or Customers.
7. in no event shall Cut the Queue be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from in so far as it relates to communications or meetings with other Providers or Customers of the Services or persons you meet through the Services.
8. although the Website does not have any obligation to monitor the Services, Cut the Queue reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Site Content from any service. The Website may also provide tools to filter out explicit content.
9. you may not cover, obstruct, obscure or block the banner advertisements on any of the Website’s pages via HTML/CSS or any other means.
10. any automated use of the system, such as using scripts, is prohibited.
11. Cut the Queue, subject to local applicable laws, reserves the right to discontinue or cancel the Service at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Service without notice if you breach any of these Terms or any applicable law or if we find your conduct impacts our name or reputation or violates the rights of those of another party.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

As a Customer purchasing alcohol through Cut the Queue, you warrant that:

1. you are over the age of 18 years;
2. you are not procuring alcohol for or on behalf of a person who is under the age of 18 years; and
3. a person over the age of 18 years will be available to accept delivery of the Provider’s Goods and/or Services where alcoholic beverages have been ordered.

You agree that you will indemnify Cut the Queue against any claim made against, or loss, expense, fine or penalty incurred by Cut the Queue arising out of any breach of this warranty.

You understand that Site Content which you may have access to as part of, or through your use of the Services are the sole responsibility of the person or entity from which such Site Content originated.

Cut the Queue is merely passing on information from the Provider, and all information displayed, transmitted and represented on the Site Content is the sole responsibility of the Provider.

You agree that:

1. you will not post inaccurate, misleading or false information on the Website and if, subsequently, the Site Content or Registration Information becomes obsolete, inaccurate or false, you will promptly notify Cut the Queue of such information.
2. you are solely responsible for (and that Cut the Queue and the Website has no responsibility to you or to any third party for) any Site Content that you post while using the Services and for the consequences of your actions (including any loss or damage which Cut the Queue or the Providers may suffer).
3. you are solely responsible for (and that Cut the Queue has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Cut the Queue may suffer) of any such breach.

Cut the Queue is committed to providing exceptional customer service and quality products through associated Providers. Cut the Queue has in place with each of its Providers a customer service agreement to endeavour to make sure that all products listed on the Website are currently in stock and pricing is true and correct.

If a Provider fails to deliver an appropriate level of customer service to you, Cut the Queue may elect to remove the Provider from the Website and therefore your comments are appreciated.

Where the Providers Goods and Services are ordered, inclusive of delivery, the delivery will be performed by the Provider and/or its agents. Cut the Queue does not have control of the delivery. Once the Provider is notified of the Order by Cut the Queue, the Provider is then solely responsible for the supply and delivery (if applicable) of the Order.

Delivery charges and conditions are set by the Providers as indicated at the time of placing an order via the Website. Providers may choose to change their delivery charges or conditions at any time without prior notification. Cut the Queue makes every attempt to inform the Customer of the delivery conditions prior to ordering, however, the Provider’s failure to adhere to these conditions are not within Cut the Queue’s control and you agree that Cut the Queue has no liability for late delivery of the Provider’s Goods and Services. In the event of incomplete Orders, due to inaccurate Registration Information provided by you to us, Cut the Queue and the Provider reserve the right to retain payment to cover any costs incurred.

Cut the Queue does not offer refunds or exchanges if the Customer changes their mind. Once Orders via the Website have been submitted, Cut the Queue will notify the Provider with details of the Order.

Once a Provider has been notified of the Order, the responsibility of fulfilling the Order transfers to the Provider, and Cut the Queue’s obligations come to an end.

Disputes with respect to late, inaccurate or incomplete supply of the Order, should be resolved by contacting the Provider directly.

All credit card Orders submitted via the Website are processed through a trusted third party provider, Australia New Zealand Banking Group Limited (“ANZ”), one of Australia's largest banks. The terms and conditions which apply to the credit card Orders can be found at: http://www.anz.com.

Cut the Queue does not at any time store the Customer’s financial details. When purchasing the Provider’s Goods and Services, your financial details are passed through a secure server using the latest 256-bit SSL (Secure Sockets Layer) encryption technology. If you have any questions regarding our security policy, please contact our customer support centre support@ctq.com.au.

You acknowledge and agree that Cut the Queue is not liable for any damage that may arise from Customers accessing the Website through unsecure computers, unsecure computer links, unsecure mobile phones or locations such as Internet Cafes, Cyber Cafes and any other commercially available internet enabled computers or computer services.

You agree that if you submit ratings, suggestions, comments or questions or post any other information on the Website, you grant Cut the Queue, the non-exclusive, royalty-free, perpetual, irrevocable and fully sublicenseable right to use, review, screen, refuse to post, remove in its entirety, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology.

Cut the Queue does not control and is not responsible for Site Content that Providers and/or Customers of the Website have posted and are not responsible for any offensive, inappropriate, obscene or unlawful Site Content you may encounter on the Website or in connection with any Site Content on the Website.

The Terms will continue to apply until terminated by either you or by Cut the Queue as set out below.

If you want to terminate this Agreement with Cut the Queue, you may do so by:

1. notifying Cut the Queue at any time; and
2. closing your accounts for all of the Services which you use, where the Website has made this option available to you. Your notice should be sent, in writing, to the Website via email. The Website’s email address is optout@ctq.com.au.

Cut the Queue may at any time, terminate this Agreement with you if:

1. you have breached any provision of the Terms or intend to breach any provision;
2. Cut the Queue is required to do so by law;
3. the Provider with whom Cut the Queue offered the Services to you, has terminated its relationship with Cut the Queue or ceased to offer its goods or services to you;
4. Cut the Queue is transitioning to no longer provide the Services in the country in which you are a resident or from which you use the Service; or
5. the provision of the Services to you by Cut the Queue is, in the opinion ofCut the Queue, no longer commercially viable.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Cut the Queue have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

From time to time, the Website may maintain links to external third party websites (“Third Party Sites”) and may receive reciprocal links from Third Party Sites. These links are provided for customer convenience. Cut the Queue makes no representation of the accuracy of the material therein and does not accept liability for any loss or damage arising from its use or from the content, goods or services provided on these Third Party Sites.

You are welcome to create links from your website to the Website. However, no Trade Mark or logo of Cut the Queue shall be used without prior written authorisation obtained from Cut the Queue.

For the purposes of this Agreement, Confidential Informationmeans all information and materials belonging to Cut the Queue and Providers, in any form, which is not at the time of this Agreement or does not become after the date of this Agreement, lawfully in the public domain, which Cut the Queue provides to you or to which you gain access at any time and includes without limitation: 

1. privileged communication between lawyers and their clients;
2. business and marketing information whether past, current or relating to future activities;
3. present or potential client, supplier or distributor information lists, including any personal information contained within those lists;
4. the terms of any contract, agreement or business arrangement with third parties;
5. trade secrets, licences, know-how, techniques or work methods, Intellectual Property Rights and related information;
6. third party information disclosed in confidence;
7. all information and materials created by any employees, contractors, nominees, agents, consultants or advisers of Cut the Queue; and
8. any other information and materials developed by you in the course of providing the Services or considered by Cut the Queue as confidential.

For the purposes of this Agreement, Intellectual Property Rights means all intellectual property rights throughout the world including rights in respect of:

1. copyright (including future copyright) and rights in the nature of, or analogous to, copyright;
2. registered and/or filed trademarks and service marks;
3. designs;
4. patents;
5. any Confidential Information (including trade secrets and know-how); and circuit layouts, whether or not now existing, registered or registrable, and includes any right to apply for the registration and all renewals, extensions and revivals, of such rights;

The Website, Services, and all of the related products of Cut the Queue are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Site Content and compilation of the data and Website (including text, graphics, logos, button icons, video images, audio clips, source code and software) are owned or controlled for these purposes by Cut the Queue and are reserved byCut the Queue.

The Trademarks which appear on this website are the Trademarks of their respective Providers. Use of these Trademarks without the Provider’s consent will infringe the respective Provider’s intellectual property rights. Nothing in this website should be interpreted as granting any rights to use or distribute any names, logos or Trademarks, except with the express written consent of the respective Provider.

All software (including source code and object code) and software applications on the Website is Confidential Information and is considered a trade secret and know-how. You agree that during the course of these Terms you may become acquainted with or have access to Confidential Information. You agree to use the Confidential Information only in accordance with the Terms of this Agreement. You may disclose the Confidential Information only to your officers, employees and agents who specifically need to access the Confidential Information. If you disclose the Confidential Information to any person, you must also ensure that the person keeps the Confidential Information secret and confidential and does not use the Confidential Information for any purpose other than the purposes pursuant to the Terms of this Agreement.

You acknowledge that Cut the Queue owns all Intellectual Property Rights or rights of any sort in the Software and any document or things produced in the course of or in connection with the provision of the Services.

You hereby assign to Cut the Queue all presently existing and future Intellectual Property Rights in any material, including modifications, updates or enhancements to the Software, created by Cut the Queue, in the course of or in connection with the provision of the Services .

Cut the Queue retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

Cut the Queue claims no ownership or control over any Site Content submitted, posted or displayed by you on or through the Website. You agree that you have obtained consent from the owner of any information you post on the Website prior to posting any information on the Website. You also agree that you or a third party licensor, as appropriate, retain all patent, trade mark and copyright to any Site Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate.

You may not, without the prior written permission of Cut the Queue and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Site Content of, or create a derivative work from the Website for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

Use of the Website, the Services, and any of the products ofCut the Queue, is at your own risk.  Everything on the Website, the Services, and the products of Cut the Queue, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Cut the Queue make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise for any direct, indirect, special or consequential loss, damages or reliance in connection with the Website, its use, its Site Content or any products or Services (including the products or services of the Website) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or any other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any SMS, Descriptive Emails, information on the Website, the Services, or any of its Site Content (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Services or any of the products of the Website;
4. for the Site Content, SMS, descriptive emails or operation in respect to links which are provided for the Provider and/or Customer’s convenience;
5. of any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
6. for any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

You expressly understand and agree thatCut the Queue, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

The total liability of Cut the Queue to you (if any) for loss, damage or reliance shall be limited to the re-supply of the Services.

Cut the Queue is not responsible or liable in any manner for any Site Content posted on the Website or in connection with the Services, whether posted or caused by the Providers and/or Customers of the Website, by third parties or by any of the services offered by Cut the Queue.

You agree to indemnify Cut the Queue, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Site Content or Registration Information you post through the Website; and/or
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your affiliates, employees, agents, contributors, third party content providers and licensors of these Terms.

If a dispute arises between a Customer and a Provider, the Customer and the Provider may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

The Customer or the Provider claiming that a dispute has arisen whilst using the Services (the “Dispute”), must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

On receipt of that notice by the other party, the Customer or Provider must, within 14 of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the party issuing the Notice must inform Cut the Queue of the Dispute. 

Cut the Queue will then require the parties to attend to a mediation conference mediated by an employee or officer of Cut the Queue. The location of the mediation conference will be determined by Cut the Queue at its absolute discretion. The parties will then use their best endeavours to resolve the matter amicably. The costs for the mediation room hire fee (if any) will be paid by the Provider.

In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

If a dispute arises out of or relates to the Terms and cannot be resolved within 14 days, each Party to the dispute may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

A party to this Agreement claiming a dispute ("the Dispute") has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

On receipt of that notice ("the Notice") by the other party, the parties to this Agreement ("the Parties") must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the President of the Law Institute of Victoria or his or her nominee;

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as "without prejudice" negotiations.

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

Throughout this policy, “Personal Information” relates to information that is specific to a person and is used to identify that person. When you use the Website, you are required to provide the following personal information:

1. your name;
2. address;
3. bank account, credit card, or PayPal details;
4. mobile or telephone number; and
5. e-mail address.

Cut the Queue uses your personal information solely for the purpose of:

1. identifying the Order(s);
2. providing you with a monthly newsletter (if applicable);
3. personalising your shopping experience; and
4. supply of the Service.

Cut the Queue will not disclose or sell your information to any third party, including Providers, without gaining your consent, or are required to do so by law.

When you visit Cut the Queue, we may position small data files called “Cookies” on your computer. These cookies provide us with information as to what web pages you visit and therefore enable us to provide you with a more enhanced and personalised shopping experience by displaying products that may interest you. These are called “session cookies’ and are transmitted to your computer when you log into your account or otherwise use the Services. Once you log out of your account or close the browser, the Cookie expires and no longer has any affect.

Whenever you use the Website, or any other website, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its "IP address," and is sent automatically each time you access any Internet site. From a computer's IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.

Cut the Queue does not keep a record of the IP addresses from which users access the Website except where you have specifically provided us with information about yourself, in which case Cut the Queue records your IP address for security purposes. An example of this would be when proceeding to finalise your Order. After completing the Order, your IP address will be stored along with a transaction number that allows Cut the Queue to track your Order.

This agreement is governed by the laws of Victoria, Australia.

This agreement and any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.

The Services offered by the Website are intended to be viewed by residents of Australia.  In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

Any claim may be adjudicated by a court of competent jurisdiction located in Victoria, Australia. You and Cut the Queue agree to submit personal jurisdiction to the courts located within Victoria, Australia, and you hereby waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state of Victoria and the Federal Courts of Australia.

You shall have no right to delegate, assign or subcontract any obligations you assume pursuant to this Agreement to any person without the written consent of Cut the Queue.

If, by reason of any event of Force Majeure which was outside the control of the party concerned, either of the parties to this Agreement shall be delayed in, or prevented from, performing any of the provisions of this Agreement then such delay of performance shall not be deemed to be a breach of this Agreement, and no loss or damage shall be claimed by either of the parties hereto from the other by reason thereof. The parties shall use their best endeavours to minimise and reduce any period of suspension occasioned by any event of Force Majeure.

An event of Force Majeure shall mean and include fire, flood, casualty, lock out, strike, labour condition or industrial action of any kind, unavoidable accident, national calamity or riot, disease, act of God, the enactment of any act of Parliament or the act of any legally constituted authority, any cause or event arising out of or attributable to war or any other cause or event (whether of a similar or dissimilar nature), outside the control of the parties.

You agree that you have obtained independent legal advice for any conditions which you do not fully understand.

Both Cut the Queue and you confirm and acknowledge that:

1. This Agreement shall constitute the entire agreement between you and Cut the Queue and shall supersede and override all previous communications, either oral or written, between the parties; and
2. No agreement or understanding varying or extending this Agreement shall be binding upon any party unless arising out of the specific provisions of this Agreement.

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.