GENERAL TERMS AND CONDITIONS OF USE
Last updated: May 2021
The following general terms and conditions (“Terms”) form a legally binding agreement between
and Us in
relation to Your access to, and use of, YumBumTum. In accessing or using YumBumTum, You
have read, understood and agree to be bound by these Terms. If You do not accept these
refrain from accessing or using YumBumTum.
By clicking “I Agree” or by otherwise using YumBumTum (which includes this version and any
feature or future version of YumBumTum that We may provide) You agree to the following
Terms, so You
read these Terms carefully.
In these Terms, “YumBumTum” means, collectively and individually, the Website, the YBT App
Other definitions for certain capitalised terms are set out at the end of these Terms.
By using YumBumTum You represent and warrant that You are at least 18 years old and that, in any
the permission of a parent or guardian if You are less than 18 years old. Parents and guardians
the age of 18 must read and agree to be bound by these Terms, and agree to be responsible for
If You are accepting these Terms on behalf of a company, organisation, association or agency as
legal representative, then You represent and warrant that You have the power and authority to
organisation, association or agency to these Terms.
The use of YumBumTum or some of Our Services may require You to register with Us or open an
You must complete the registration process in the manner described on Our Website or
with Us, You agree that all information You provide is accurate and up to date and does not
person’s rights. You must also update Your details if any of them change.
Registration is non-transferable. You are responsible for all of the activities that occur under
You should carefully choose Your password and user name and protect them from unauthorised use.
know immediately of any unauthorised use of Your account or any other breach of security. We are
any loss if someone else uses Your password or account.
Access to YumBumTum is permitted on a temporary basis, and We reserve the right to suspend,
discontinue or amend all or any part of YumBumTum without notice. We will not be liable if, for
YumBumTum is unavailable at any time or for any period. You are responsible for making all
necessary for You to have access to YumBumTum. You are also responsible for ensuring that all
YumBumTum through Your internet connection are aware of these Terms, and that they comply with
Subject to these Terms, We grant You a limited, personal, revocable, non-assignable,
non-exclusive right to access and use (i.e. to download and display locally) the Content
solely to enable You to enjoy the benefits of YumBumTum as intended by Us under these Terms. Any
reproduction, modification, distribution, sale, sub-licence or storage of YumBumTum (and any
in YumBumTum) for any purpose other than using YumBumTum in accordance with these Terms is
without prior written permission from Us. Except to the extent expressly permitted by these
transfer or provide access to YumBumTum to any third party or otherwise use YumBumTum for the
3. Free trial
We may offer You a one-off trial period, in order to experience the features and functionality
trial period is free of charge for the period described on the registration page (unless Your
terminated earlier in accordance with these Terms). We may require You to complete a further
process, and provide additional information, if You wish to continuing accessing YumBumTum after
the trial period.
During any free trial period, You are authorised to access and use YumBumTum solely to the
allowed by Us.
You acknowledge and agree that these Terms are applicable and binding upon you during any free
the maximum extent permitted by law, We do not make any binding representations, warranties,
obligations in connection with YumBumTum during any free trial period.
As soon as the trial period expires or is otherwise terminated, if you have not upgraded the
subscription then We may terminate the account and your access to YumBumTum at any time in our
discretion, which may involve the deletion of any or all data associated with that account.
We have the right to vary or modify the conditions of the free trial or to discontinue it
without prior notice. You acknowledge and agree that by continuing to access YumBumTum after any
or modification, You accept such updated Terms, and that if you do not accept such updated
immediately cease using YumBumTum with respect to that free trial.
Access to, and use of, YumBumTum or any part or feature of the Services outside of any
period, will be subject to You establishing a direct debit arrangement between You and Us for
Fees (“Direct Debit Arrangement”). You acknowledge that the continued availability of any part
YumBumTum or the Services is conditional upon the operation of the Direct Debit Arrangement and
You acknowledge and agree We may change Our Fees at any time. We will endeavour to notify You
and/or the Application of any changes to the Fees before they come into effect, however this may
If You do not accept the Fees or any changes to the Fees, You must not access or use YumBumTum
applicable free trial period.
If You order a meal through YumBumTum, We will charge You (and You must pay) the Price for that
applicable delivery charges, at the time You place the order.
We reserve the right to alter the Price for any items contained in an order if an incorrect
on YumBumTum due to a software fault, error, malicious attack or other situation beyond Our
You may not reverse or cancel an order once it is submitted.
Where We agree to deliver Your order to Your chosen participating pharmacy or Your home address,
that the address you have supplied is correct as redelivery may incur a fee. We do not accept
for non-delivery if you have supplied the incorrect address.
Although We make all reasonable efforts to deliver Your order within the standard delivery times
the YBT App and/or Our Website, We do not guarantee that any delivery will be made within a
Where You request that We deliver Your order to Your chosen participating pharmacy, You
order must be collected by You on the same day that You receive notification from Us that the
delivered, otherwise the order will no longer be available for collection and a re-delivery fee
Where You request that We deliver Your order to Your home address, You consent to Us leaving
safe place at Your property in the event that no one is home to accept the order at the time of
The products contained in Your order will be at Your risk from the time of delivery. You
that You are responsible for ensuing the products contained in Your order are promptly
delivery to avoid products becoming spoiled.
You agree that We may deduct any applicable Fees from Your nominated account pursuant to
Arrangement on a monthly basis. Where We do this, provided You have sufficient funds
Debit Arrangement, no further payment action is required by You.
If Your YumBumTum account is terminated or closed, or if the payment of any Fee payable
completed for any reason, You must pay Us all outstanding Fees immediately upon demand.
If, in connection with any meal order, You make any payments to Us with a credit or
payment account, You warrant that You are the cardholder or account holder and that the
provided is accurate, and You authorise Us to charge the designated credit or charge
account for the total amount payable for the order, plus any applicable GST. All
connection with YumBumTum are in Australian dollars.
Where applicable, You agree to pay all GST and other similar taxes imposed in connection
YumBumTum to You. You are responsible for all internet service provider fees,
charges required for your connection to, or use of, YumBumTum.
We are not obliged to provide refunds of any Fees or other amounts paid by You
order), however We may offer a refund where We determine that extenuating circumstances
7. Information You provide to Us
When You use YumBumTum, You may send personal information to Us. We will use,
in accordance with the requirements of the Privacy Act 1988 (Cth) that apply to
If You would like to know more about how We use, store or handle Your personal
contact Us at
We do not claim ownership of the information, Content or data that You provide
to Us in
Your licensors, as applicable) will continue to own any and all Intellectual
However, You agree to grant Us a perpetual, non-exclusive, assignable, worldwide
a right to sub-licence) to use, store, reproduce, adapt, communicate, publish,
information, and to use, adapt, store, communicate, commercialise and otherwise
Aggregated Data as we see fit. This right continues even if You no longer use
We will only use this information for the purposes of providing the Services;
improving YumBumTum; for developing other products or services; and for any
for use in marketing YumBumTum, to make improvements to it, or to develop
You acknowledge that We may de-identify results, data, trends and other
YumBumTum, or provided by You in connection with Your use of YumBumTum, or
cannot be used to identify You or any other individual. We may disclose
fit, including to researchers and other third parties for their commercial,
purposes. We will not re-identify, or permit the re-identification of, any
8. External links and publications
We may provide links to external information, websites, articles or reports on the YBT
(“External Publications”). While We take reasonable care to select reputable External
YumBumTum, We are not responsible for any incorrect, inaccurate, incomplete or
contained in any External Publication, and do not necessarily endorse that information.
information is solely at Your own risk and We accept no responsibility for any loss or
from Your reliance on the information contained in an External Publication.
9. Medical advice disclaimer
YOU ACKNOWLEDGE THAT ANY INFORMATION DISPLAYED ON YUMBUMTUM IS INTENDED TO BE GENERAL
NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.
THE INFORMATION DISPLAYED ON YUMBUMTUM SHOULD NOT BE RELIED ON TO DIAGNOSE, TREAT, CURE
OR FOR ANY THERAPEUTIC PURPOSE.
WE STRONGLY RECOMMEND THAT YOU CONSULT YOUR DOCTOR OR OTHER HEALTH PROFESSIONAL
HAVE CONCERNING A MEDICAL CONDITION OR TREATMENT, OR BEFORE BEGINNING A NEW EATING PLAN
10. Changes to YumBumTum and its availability
We may change or improve YumBumTum at any time. For example, We may develop and
or new features. We may also restrict access to all or any part of YumBumTum, stop
modify its availability in any way. We are under no obligation to update any material
be out of
any given point in time.
We will always try to give You notice of any changes to YumBumTum or its availability
effect, although this may not always be possible. To the maximum extent permitted by
law, We do
liability for any damage or loss which You may suffer or incur as a result of such
11. Intellectual Property
We, and Our licensors (as applicable), own all Intellectual Property in and to YumBumTum
enhancements and new features), and any material published on YumBumTum. This material
limited to, the design, layout, look, appearance, graphics, trade marks, branding and
modify, distribute, sell or lease any part of Our Intellectual Property other than in
YumBumTum, and the Content published on it, are protected by the copyright laws of
the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Website
You may draw the attention of others within Your organisation to Content posted on
modify the paper or digital copies of any materials You have printed off or downloaded
not use any illustrations, photographs, video or audio sequences or any graphics
accompanying text. Our status (and that of any identified contributors) as the authors
must always be acknowledged. You must not use any part of the Content on YumBumTum for
without obtaining a licence to do so from Our licensors or Us.
If You print off, copy or download any part of YumBumTum in breach of these Terms, Your
will cease immediately and You must, at Our option, return or destroy any copies of the
12. Prohibited uses
You must ensure that Your access to and use of YumBumTum is not illegal or prohibited by
You. You are responsible for anything You do, send or post on YumBumTum. You must not
is offensive, infringes any person’s rights, is against any applicable law, or which We
By using YumBumTum, You represent and warrant that You will not:
a) incorporate YumBumTum into a product or service you provide to a third party;
b) sell, license, rent, or otherwise use or exploit any Content for commercial use;
c) use YumBumTum for competitive analysis or to build competitive products;
d) remove or obscure any proprietary or other notices contained in YumBumTum;
e) infringe the rights of any other person, including without limitation any
f) provide false information, misleading or inaccurate information to Us;
g) impersonate, or otherwise misrepresent affiliation, connection or association with,
h) disclose another person's confidential information or otherwise contravene Your
other person's privacy obligations;
i) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or
underlying ideas, algorithms, file formats or non-public APIs to YumBumTum, except to
permitted by applicable law (and then only upon advance notice to Us);
j) use or attempt to use any engine, software, tool, agent, or other device or mechanism
limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or
information from YumBumTum for any purpose, including without limitation use on
k) attempt to probe, scan, or test the vulnerability of YumBumTum or any associated
security or authentication measures without proper authorisation;
l) do anything which is otherwise, in Our view, inappropriate or harmful to YumBumTum;
m) encourage or assist any third party to do any of the above.
We may remove from, or refuse to display on, YumBumTum anything that We think is
these Terms in Our absolute discretion.
13. Security and integrity
While We endeavour to adhere to best practice policies and procedures to prevent data
that there will be no loss of data and We expressly exclude liability for any loss of
You must not violate the security of YumBumTum in any way. We may suspend or cancel Your
to YumBumTum if We suspect any security violation. We may also inform any law
unauthorised or criminal activity. Examples of security violations include:
a) attempting to gain unauthorised access to any part of YumBumTum, servers or system
not intended to have access to;
b) interfering with or otherwise circumventing mechanisms in YumBumTum intended to limit
c) use YumBumTum in a way that was not intended by Us;
d) attempting to reverse engineer YumBumTum or any system or offering provided through
e) interfering with or disrupting (or attempting to interfere or disrupt) any servers or
f) sending or storing any harmful code (including, for example, any computer virus,
that is harmful or disabling or which assists in or enables unauthorised access to or
14. Changes to these Terms
We may update these Terms at any time, with such updates taking effect when You next use
days, whichever is sooner. No other amendment to the agreement constituting these Terms
made in writing, signed by You and by Us.
We will use reasonable endeavours to give You notice of any update to these Terms (which
the Website and/or the Application) before the change comes into effect, although this
If You continue using YumBumTum after an update takes effect, You are deemed to have
will be bound by these Terms as amended.
15. Outcomes and use
We have spent a significant amount of time developing and refining YumBumTum and are
using it and find it useful. However, We cannot promise or guarantee any specific
YumBumTum. To the extent permitted by law, We do not make any representations or
experience, quality, or outcomes of any interactions that are initiated via YumBumTum.
YumBumTum is provided on an “as is” and “as available” basis and that, to the fullest
expressly disclaim all express and implied warranties including, but not limited to, the
merchantability, fitness for a particular purpose, title, and non-infringement.
16. Limitation of liability
By accessing and using YumBumTum, You assume all risks associated with such access and
hold Us responsible for things other Users post or do.
As there are many factors beyond Our control that may affect the performance or
certain software or hardware, We cannot promise that Your use of YumBumTum will be
defect free or that errors or defects in YumBumTum will be corrected.
To the maximum extent permitted by law, We (and Our directors, employees and agents) do
for, and You agree to release Us (and Our directors, employees and agents) from any and
to any loss, howsoever caused, suffered or incurred by You arising from Your use of
limitation any consequential losses or damages) and any liability We owe is limited, to
permitted under law, to the amount You paid to use YumBumTum, or (if we choose) Us
product or Service again. To the extent allowed at law, in no event will We be liable
incidental, special, exemplary, consequential, or other damages (including, but not
business interruption, loss of program or data), without regard to the form of action,
legislation, in contract, tort, negligence, strict liability, or otherwise, arising out
of or in
YumBumTum, or any Content, service, site or link to an External Publication displayed on
17. Indemnity and release
You agree to indemnify, defend and hold Us (and Our directors, employees and agents)
all claims, liabilities, losses and expenses (including reasonable legal fees on a full
a) activity which You engage in with or through YumBumTum;
b) any breach of these Terms by You;
c) any breach of any rights of a third party by You; or
d) any breach of any applicable law by You..
We may suspend Your access to YumBumTum (or any part of YumBumTum), or terminate Our
access to YumBumTum if We reasonably consider that You are in breach of any provision of
Our discretion, terminate Our agreement with You and Your access to all or part of
You may terminate Our agreement with You and Your access to all or part of YumBumTum by
advance written notice, and that termination will take effect upon the conclusion of the
These Terms and any disputes or claims arising out of or in connection with them or
formation shall be governed by the laws of South Australia. You submit to the
South Australia in respect of any claim arising from, or related to, these Terms,
to bring proceedings against You for breach of these Terms in Your country of residence
If any provision of these Terms is prohibited by law or judged by a court to be
the provision will, to the extent required, be severed from these Terms and rendered
possible without modifying the remaining provisions of these Terms, and will not in any
circumstances of or the validity or enforcement of these Terms.
21. Key terms
In these Terms, unless the contrary intention appears:
“Aggregated Data” means any results, data, trends and other information generated with
provided by You in connection with Your use of YumBumTum, which, in each case, has been
removing any and all personal identifiers and removing or altering other information
“Content” means any information, data, text, graphics, photographs, videos, trade marks,
audio clips, artwork, computer code, software, scripts, written posts and comments,
features generated, provided, used, displayed, or otherwise accessible on or through
“Fee” means any fee for access to the Services, as set out by Us on the Website and/or
“Intellectual Property” means any registered or unregistered rights in any copyrights,
discoveries, trade marks, processes, systems, methods, know-how, designs or confidential
rights of a similar nature under the laws of Australia or anywhere else in the world.
“Price” means the purchase price for a meal, as set out by Us from time to time on the
“Services” means the services, information, products and/or resources provided by Us
the Website or the YBT App), or any other communication we may have with Users in
“Terms” means these terms and conditions;
“User” means any person who has access to, or otherwise uses, YumBumTum.
“We”, “Us”, “Our” means Yum Club Pty Ltd ACN 647 866 304 of 17 Provident Avenue, Glynde
bodies corporate and associates (as defined in the Corporations Act 2001 (Cth))
“Website” means the website operated by Us at YumBumTum.com.au and includes, without
and services associated with such website.
“YBT App” means the application known or referred to as “YumBumTum”, made available by
“You”, “Yourself”, “Your” means any person, company or organisation who is a User.
Feedback and reporting misconduct
We encourage all Users to report any misconduct experienced while using YumBumTum by
If You have any questions about these Terms or would like any further information,
contact Us at
We appreciate your interest and thank you for visiting YumBumTum.