1. Eligibility

By using YumBumTum You represent and warrant that You are at least 18 years old and that, in any case, You have the permission of a parent or guardian if You are less than 18 years old. Parents and guardians of Users under the age of 18 must read and agree to be bound by these Terms, and agree to be responsible for such use of the Services. If You are accepting these Terms on behalf of a company, organisation, association or agency as its authorised legal representative, then You represent and warrant that You have the power and authority to bind such company, organisation, association or agency to these Terms.

2. Access

The use of YumBumTum or some of Our Services may require You to register with Us or open an account. To do so, You must complete the registration process in the manner described on Our Website or Application. By registering with Us, You agree that all information You provide is accurate and up to date and does not infringe any 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 Your account. You should carefully choose Your password and user name and protect them from unauthorised use. Please let Us know immediately of any unauthorised use of Your account or any other breach of security. We are not liable for 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, withdraw, discontinue or amend all or any part of YumBumTum without notice. We will not be liable if, for any reason, YumBumTum is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to YumBumTum. You are also responsible for ensuring that all persons who access YumBumTum through Your internet connection are aware of these Terms, and that they comply with them. Subject to these Terms, We grant You a limited, personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use (i.e. to download and display locally) the Content contained in YumBumTum solely to enable You to enjoy the benefits of YumBumTum as intended by Us under these Terms. Any use, reproduction, modification, distribution, sale, sub-licence or storage of YumBumTum (and any Content contained in YumBumTum) for any purpose other than using YumBumTum in accordance with these Terms is expressly prohibited without prior written permission from Us. Except to the extent expressly permitted by these Terms, you must not transfer or provide access to YumBumTum to any third party or otherwise use YumBumTum for the benefit of any third party.

3. Free trial

We may offer You a one-off trial period, in order to experience the features and functionality of YumBumTum. The trial period is free of charge for the period described on the registration page (unless Your access is terminated earlier in accordance with these Terms). We may require You to complete a further registration process, and provide additional information, if You wish to continuing accessing YumBumTum after the expiry of the trial period. During any free trial period, You are authorised to access and use YumBumTum solely to the extent allowed by Us. You acknowledge and agree that these Terms are applicable and binding upon you during any free trial period. To the maximum extent permitted by law, We do not make any binding representations, warranties, commitments or 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 account to a paid subscription then We may terminate the account and your access to YumBumTum at any time in our absolute 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 entirely at any time, without prior notice. You acknowledge and agree that by continuing to access YumBumTum after any such variation or modification, You accept such updated Terms, and that if you do not accept such updated Terms, you must immediately cease using YumBumTum with respect to that free trial.

4. Fees

Access to, and use of, YumBumTum or any part or feature of the Services outside of any applicable free trial period, will be subject to You establishing a direct debit arrangement between You and Us for the payment of Fees (“Direct Debit Arrangement”). You acknowledge that the continued availability of any part or feature of YumBumTum or the Services is conditional upon the operation of the Direct Debit Arrangement and payment of Fees by You. You acknowledge and agree We may change Our Fees at any time. We will endeavour to notify You via the Website and/or the Application of any changes to the Fees before they come into effect, however this may not always be possible. If You do not accept the Fees or any changes to the Fees, You must not access or use YumBumTum outside of any applicable free trial period.

5. Orders

If You order a meal through YumBumTum, We will charge You (and You must pay) the Price for that meal, plus any 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 price was published on YumBumTum due to a software fault, error, malicious attack or other situation beyond Our reasonable control. 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, please ensure that the address you have supplied is correct as redelivery may incur a fee. We do not accept any responsibility 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 displayed on the YBT App and/or Our Website, We do not guarantee that any delivery will be made within a particular time. Where You request that We deliver Your order to Your chosen participating pharmacy, You acknowledge that the order must be collected by You on the same day that You receive notification from Us that the order has been delivered, otherwise the order will no longer be available for collection and a re-delivery fee may apply. Where You request that We deliver Your order to Your home address, You consent to Us leaving your order in a safe place at Your property in the event that no one is home to accept the order at the time of delivery. The products contained in Your order will be at Your risk from the time of delivery. You acknowledge and agree that You are responsible for ensuing the products contained in Your order are promptly refrigerated after delivery to avoid products becoming spoiled.

6. Payment

You agree that We may deduct any applicable Fees from Your nominated account pursuant to the Direct Debit Arrangement on a monthly basis. Where We do this, provided You have sufficient funds available under Your Direct 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 by You cannot be 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 charge card or an online payment account, You warrant that You are the cardholder or account holder and that the billing information provided is accurate, and You authorise Us to charge the designated credit or charge card or online payment account for the total amount payable for the order, plus any applicable GST. All payments and purchases made in connection with YumBumTum are in Australian dollars. Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of YumBumTum to You. You are responsible for all internet service provider fees, telecommunication and other 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 (including in respect of an order), however We may offer a refund where We determine that extenuating circumstances apply.

7. Information You provide to Us

When You use YumBumTum, You may send personal information to Us. We will use, store and handle this information in accordance with the requirements of the Privacy Act 1988 (Cth) that apply to Us and Our privacy policy which may be accessed at www.YumBumTum.com.au. Our privacy policy applies to You and Your use of YumBumTum at all times. If You would like to know more about how We use, store or handle Your personal information, please contact Us at hello@yumbumtum.com.au. We do not claim ownership of the information, Content or data that You provide to Us in using YumBumTum. You (or Your licensors, as applicable) will continue to own any and all Intellectual Property in such information. However, You agree to grant Us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, adapt, communicate, publish, display and/or distribute such information, and to use, adapt, store, communicate, commercialise and otherwise exploit any associated Aggregated Data as we see fit. This right continues even if You no longer use YumBumTum. We will only use this information for the purposes of providing the Services; for operating, promoting or improving YumBumTum; for developing other products or services; and for any other purposes set out in Our privacy policy. This means, for example, that We might use this information to compile statistical information for use in marketing YumBumTum, to make improvements to it, or to develop complementary products or services. You acknowledge that We may de-identify results, data, trends and other information generated with respect to YumBumTum, or provided by You in connection with Your use of YumBumTum, or aggregate it in such a way that it cannot be used to identify You or any other individual. We may disclose Aggregated Data for any purpose We see fit, including to researchers and other third parties for their commercial, marketing, research and promotional purposes. We will not re-identify, or permit the re-identification of, any Aggregated Data.

8. External links and publications

We may provide links to external information, websites, articles or reports on the YBT App and/or the Website (“External Publications”). While We take reasonable care to select reputable External Publications to share on YumBumTum, We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided contained in any External Publication, and do not necessarily endorse that information. Any reliance on such information is solely at Your own risk and We accept no responsibility for any loss or damage that may arise 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 INFORMATION ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE INFORMATION DISPLAYED ON YUMBUMTUM SHOULD NOT BE RELIED ON TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR FOR ANY THERAPEUTIC PURPOSE. WE STRONGLY RECOMMEND THAT YOU CONSULT YOUR DOCTOR OR OTHER HEALTH PROFESSIONAL REGARDING ANY QUESTIONS YOU MAY HAVE CONCERNING A MEDICAL CONDITION OR TREATMENT, OR BEFORE BEGINNING A NEW EATING PLAN OR HEALTH REGIMEN.

10. Changes to YumBumTum and its availability

We may change or improve YumBumTum at any time. For example, We may develop and distribute updates, enhancements or new features. We may also restrict access to all or any part of YumBumTum, stop making YumBumTum available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time. We will always try to give You notice of any changes to YumBumTum or its availability before such changes take effect, although this may not always be possible. To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such actions.

11. Intellectual Property

We, and Our licensors (as applicable), own all Intellectual Property in and to YumBumTum (including any updates, enhancements and new features), and any material published on YumBumTum. This material includes, but is not limited to, the design, layout, look, appearance, graphics, trade marks, branding and logos. You must not copy, modify, distribute, sell or lease any part of Our Intellectual Property other than in accordance with this section. YumBumTum, and the Content published on it, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from Our Website for Your personal use and You may draw the attention of others within Your organisation to Content posted on YumBumTum. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content on YumBumTum must always be acknowledged. You must not use any part of the Content on YumBumTum for commercial purposes 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 right to use YumBumTum will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

12. Prohibited uses

You must ensure that Your access to and use of YumBumTum is not illegal or prohibited by any laws which apply to You. You are responsible for anything You do, send or post on YumBumTum. You must not send or post anything that is offensive, infringes any person’s rights, is against any applicable law, or which We think is inappropriate. 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 intellectual property rights; f) provide false information, misleading or inaccurate information to Us; g) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; h) disclose another person's confidential information or otherwise contravene Your privacy obligations or any other person's privacy obligations; i) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to YumBumTum, except to the extent expressly 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 (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from YumBumTum for any purpose, including without limitation use on third-party websites; k) attempt to probe, scan, or test the vulnerability of YumBumTum or any associated system or network, or breach security or authentication measures without proper authorisation; l) do anything which is otherwise, in Our view, inappropriate or harmful to YumBumTum; or 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 inappropriate or in breach of these Terms in Our absolute discretion.

13. Security and integrity

While We endeavour to adhere to best practice policies and procedures to prevent data loss, We do not guarantee that there will be no loss of data and We expressly exclude liability for any loss of data no matter how caused. You must not violate the security of YumBumTum in any way. We may suspend or cancel Your account or Your access to YumBumTum if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include: a) attempting to gain unauthorised access to any part of YumBumTum, servers or system infrastructure You were not intended to have access to; b) interfering with or otherwise circumventing mechanisms in YumBumTum intended to limit your use; 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 it; e) interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to YumBumTum; or f) sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data).

14. Changes to these Terms

We may update these Terms at any time, with such updates taking effect when You next use YumBumTum or after 30 days, whichever is sooner. No other amendment to the agreement constituting these Terms will be effective unless 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 notice may be through the Website and/or the Application) before the change comes into effect, although this may not always be possible. If You continue using YumBumTum after an update takes effect, You are deemed to have agreed to the update and 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 confident You will enjoy using it and find it useful. However, We cannot promise or guarantee any specific outcomes from the use of YumBumTum. To the extent permitted by law, We do not make any representations or guarantees about the User experience, quality, or outcomes of any interactions that are initiated via YumBumTum. You acknowledge that YumBumTum is provided on an “as is” and “as available” basis and that, to the fullest extent allowed by law, we expressly disclaim all express and implied warranties including, but not limited to, the implied warranties of 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 use. You agree not to hold Us responsible for things other Users post or do. As there are many factors beyond Our control that may affect the performance or compatibility of YumBumTum with certain software or hardware, We cannot promise that Your use of YumBumTum will be uninterrupted or error or 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 not accept any liability for, and You agree to release Us (and Our directors, employees and agents) from any and all claims in relation to any loss, howsoever caused, suffered or incurred by You arising from Your use of YumBumTum (including without limitation any consequential losses or damages) and any liability We owe is limited, to the maximum extent permitted under law, to the amount You paid to use YumBumTum, or (if we choose) Us providing the relevant product or Service again. To the extent allowed at law, in no event will We be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with YumBumTum, or any Content, service, site or link to an External Publication displayed on or accessed through YumBumTum.

17. Indemnity and release

You agree to indemnify, defend and hold Us (and Our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from: 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..

18. Termination

We may suspend Your access to YumBumTum (or any part of YumBumTum), or terminate Our agreement with You and Your access to YumBumTum if We reasonably consider that You are in breach of any provision of these Terms. We may, at Our discretion, terminate Our agreement with You and Your access to all or part of YumBumTum without the need to provide reasons. You may terminate Our agreement with You and Your access to all or part of YumBumTum by giving us one month’s advance written notice, and that termination will take effect upon the conclusion of the next full monthly Fee billing cycle. 19. Jurisdiction These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of South Australia. You submit to the jurisdiction of the courts of South Australia in respect of any claim arising from, or related to, these Terms, although We reserve the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant jurisdiction.

20. Severance

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other 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 respect to YumBumTum, or provided by You in connection with Your use of YumBumTum, which, in each case, has been de-identified by Us by removing any and all personal identifiers and removing or altering other information that may allow personal identification. “Content” means any information, data, text, graphics, photographs, videos, trade marks, logos, sounds, music, audio clips, artwork, computer code, software, scripts, written posts and comments, material, and interactive features generated, provided, used, displayed, or otherwise accessible on or through YumBumTum. “Fee” means any fee for access to the Services, as set out by Us on the Website and/or the YBT App from time to time. “Intellectual Property” means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, processes, systems, methods, know-how, designs or confidential information or any 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 Website, the YBT App. “Services” means the services, information, products and/or resources provided by Us (including with respect to the Website or the YBT App), or any other communication we may have with Users in accordance with these Terms. “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 SA 5070 and its related 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 limitation, any subdomains and services associated with such website. “YBT App” means the application known or referred to as “YumBumTum”, made available by Us. “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 contacting Us at hello@yumbumtum.com.au. Further information If You have any questions about these Terms or would like any further information, please contact Us at hello@yumbumtum.com.au. We appreciate your interest and thank you for visiting YumBumTum.