Terms & Conditions

1 - Contractual Relationship

THESE TERMS OF USE (“TERMS”) GOVERN THE ACCESS OR USE BY YOU, AN INDIVIDUAL FROM WITHIN AUSTRALIA OF APPLICATIONS, WEBSITES, CONTENT, PRODUCTS, AND SERVICES (THE “SERVICES”) MADE AVAILABLE BY NICCO GLOBAL PTY LTD (“NICCO”). 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND NICCO. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. THESE TERMS EXPRESSLY SUPERSEDE PRIOR AGREEMENTS OR ARRANGEMENTS WITH YOU.

(A) NICCO MAY RESTRICT YOU FROM ACCESSING OR USING THE SERVICES, OR ANY PART OF THEM, IMMEDIATELY, WITHOUT NOTICE, IN CIRCUMSTANCES WHERE NICCO REASONABLY SUSPECTS THAT: 

• YOU HAVE, OR ARE LIKELY TO, BREACH THESE TERMS; AND/OR, 
• YOU DO NOT, OR ARE LIKELY NOT TO, QUALIFY, UNDER APPLICABLE LAW OR THE STANDARDS AND POLICIES OF NICCO AND ITS AFFILIATES, TO ACCESS AND USE THE SERVICES.

(B) NICCO MAY TERMINATE THESE TERMS OR ANY SERVICES WITH RESPECT TO YOU, OR GENERALLY CEASE OFFERING OR DENY ACCESS TO THE SERVICES OR ANY PORTION THEREOF:

• IMMEDIATELY, WHERE NICCO REASONABLY SUSPECTS THAT: 

I YOU HAVE, OR ARE LIKELY TO, MATERIALLY BREACH THESE TERMS; AND/OR, 

II YOU DO NOT, OR ARE LIKELY NOT TO, QUALIFY, UNDER APPLICABLE LAW OR THE STANDARDS AND POLICIES OF NICCO AND ITS AFFILIATES, TO ACCESS AND USE THE SERVICES; OR

• ON 30 DAYS’ WRITTEN NOTICE TO YOU, WHERE NICCO, ACTING REASONABLY, TERMINATES THESE TERMS OR ANY SERVICES FOR ANY LEGITIMATE BUSINESS, LEGAL OR REGULATORY REASON.

WITHOUT LIMITING ITS OTHER RIGHTS UNDER THESE TERMS, NICCO MAY IMMEDIATELY RESTRICT OR DEACTIVATE YOUR ACCESS TO THE SERVICES IF YOU BREACH THE COMMUNITY GUIDELINES AT ANY TIME.

(C) YOU MAY TERMINATE THESE TERMS AT ANY TIME, FOR ANY REASON.

(D) SUPPLEMENTAL TERMS MAY APPLY TO CERTAIN SERVICES, SUCH AS POLICIES FOR A PARTICULAR EVENT, ACTIVITY OR PROMOTION, AND SUCH SUPPLEMENTAL TERMS WILL BE DISCLOSED TO YOU IN CONNECTION WITH THE APPLICABLE SERVICES. SUPPLEMENTAL TERMS ARE IN ADDITION TO, AND SHALL BE DEEMED A PART OF, THE TERMS FOR THE PURPOSES OF THE APPLICABLE SERVICES. SUPPLEMENTAL TERMS SHALL PREVAIL OVER THESE TERMS IN THE EVENT OF A CONFLICT WITH RESPECT TO THE APPLICABLE SERVICES.

(E) NICCO MAY AMEND THE TERMS, ANY POLICIES OR SUPPLEMENTAL TERMS (INCLUDING THE COMMUNITY GUIDELINES) RELATED TO THE SERVICES FROM TIME TO TIME. NICCO WILL PROVIDE YOU WITH AT LEAST 30 DAYS' WRITTEN NOTICE IN THE EVENT OF A MATERIAL CHANGE TO ANY TERMS, POLICIES OR SUPPLEMENTAL TERMS THAT DETRIMENTALLY AFFECTS YOUR RIGHTS UNDER THESE TERMS. AMENDMENTS WILL BE EFFECTIVE UPON NICCO’S POSTING OF SUCH UPDATED TERMS AT THIS LOCATION OR THE AMENDED POLICIES OR SUPPLEMENTAL TERMS ON THE APPLICABLE SERVICE. YOUR CONTINUED ACCESS OR USE OF THE SERVICES AFTER SUCH POSTING, OR AFTER THE EXPIRY OF THE NOTICE PERIOD (WHICHEVER IS LATER), CONSTITUTES YOUR CONSENT TO BE BOUND BY THE TERMS, AS AMENDED.

2 - Nicco Services 

NICCO WILL PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT. THE SERVICES CONSTITUTE THE PROVISION OF A TECHNOLOGY PLATFORM (“NICCO’S APP”) THAT ENABLES YOU, AS A USER OF NICCO’S APPLICATIONS TO: 

(A) IDENTIFY, SELECT AND ORDER FOOD AND BEVERAGES FROM THIRD PARTY MERCHANTS (“MERCHANTS”) FOR IN-VENUE CONSUMPTION; AND 

(B) FACILITATE PAYMENTS TO MERCHANTS FOR THE SERVICES AND RECEIVE RECEIPTS FOR THOSE PAYMENTS.  

THE SERVICES ARE MADE AVAILABLE SOLELY FOR YOUR PERSONAL, NONCOMMERCIAL USE, UNLESS NICCO HAS AGREED WITH YOU OTHERWISE IN A SEPARATE AGREEMENT. YOU ACKNOWLEDGE THAT NICCO DOES NOT PROVIDE OUT-OF-VENUE DELIVERY OF SERVICES UNLESS OTHERWISE CLEARLY STATED. 

3 - Liquor License 

NICCO FACILITATES THE SALE OF IN-VENUE FOOD AND BEVERAGES (INCLUDING ALCOHOL) BETWEEN YOU AND MERCHANTS.  YOUR CONTRACT OF SALE VIA NICCO’S APP IS MADE WITH AND DELIVERED BY THE MERCHANT AT A LICENSED PREMISES WHICH IS THE HOLDER OF AN APPLICABLE LIQUOR LICENSE.

(A) YOUR OFFER TO PURCHASE ALCOHOL IS SUBJECT TO:

• ACCEPTANCE OF YOUR OFFER BY THE MERCHANT’S HOLDER OF THE RELEVANT LIQUOR LICENCE; AND 
• CERTIFICATION AND EVIDENCE OF YOU BEING 18 YEARS OF AGE OR OVER; AND
• THE AVAILABILITY OF STOCK AND THE LIQUOR WHICH IS THE SUBJECT MATTER OF YOUR OFFER BEING ASCERTAINED AND APPROPRIATED AT THE ABOVE-MENTIONED MERCHANT’S LICENSED PREMISES. 

4 - Responsible Service of Alcohol

NICCO AND THE MERCHANTS TAKE THE RESPONSIBLE SERVICE OF ALCOHOL VERY SERIOUSLY. IF YOU LOOK UNDER THE AGE OF 25 YEARS AND ARE UNABLE TO PRESENT VALID PHOTO IDENTIFICATION, YOUR ORDER WILL BE CANCELLED. IF ANYONE PRESENT AT THE PREMISES AT THE TIME OF DELIVERY LOOKS UNDER AGE OF 25 YEARS AND IS NOT ABLE TO PRESENT VALID PHOTO IDENTIFICATION, YOUR ORDER WILL BE CANCELLED.  IF YOU SHOW SIGNS OF INTOXICATION EITHER WHEN PLACING YOUR ORDER OR AT THE TIME OF DELIVERY, YOUR ORDER WILL BE CANCELLED. NICCO AND THE MERCHANTS RESERVE THE RIGHT TO REFUSE SERVICE AT OUR/THEIR SOLE DISCRETION, THIS MAY BE BECAUSE OF OUR/THEIR CONCERN FOR YOU OR ANOTHER CUSTOMER’S WELFARE AND OUR COMMITMENT TO RESPONSIBLE SERVICE IN THE COMMUNITY. 

NICCO ENCOURAGES CONSUMERS TO CONSUME ALCOHOL IN MODERATION. LEGAL AGED CONSUMERS ARE ADVISED TO CONSIDER THE ‘LOW RISK DRINKING’ GUIDELINES RECOMMENDED IN THE NATIONAL HEALTH & MEDICAL RESEARCH COUNCIL AUSTRALIAN ALCOHOL GUIDELINES WHICH STATES: FOR HEALTHY MEN AND WOMEN, DRINKING NO MORE THAN TWO (2) STANDARD DRINKS ON ANY DAY REDUCES YOUR RISK OF HARM FROM ALCOHOL-RELATED DISEASE OR INJURY OVER A LIFETIME. DRINKING NO MORE THAN FOUR (4) STANDARD DRINKS ON A SINGLE OCCASION REDUCES THE RISK OF ALCOHOL-RELATED INJURY ARISING FROM THAT OCCASION. PARTICIPATION IN THE PROMOTION IS SUBJECT TO RELEVANT LIQUOR LEGISLATION IN EACH APPLICATION STATE OR TERRITORY, INCLUDING RESPONSIBLE SERVICE OF ALCOHOL. CONSUMERS ARE ALSO ENCOURAGED TO VISIT THE AUSTRALIAN GOVERNMENT’S INFORMATION SITE FOR ALCOHOL AT WWW.ALCOHOL.GOV.AU

BY USING NICCO’S APP TO PURCHASE ALCOHOL YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OVER.

5 - License

SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS, NICCO GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-SUBLICENSABLE, REVOCABLE, NON-TRANSFERRABLE LICENSE TO: 

(A) ACCESS AND USE THE NICCO APP ON YOUR PERSONAL DEVICE SOLELY IN CONNECTION WITH YOUR USE OF THE SERVICES; AND 

(B) ACCESS AND USE ANY CONTENT, INFORMATION AND RELATED MATERIALS THAT MAY BE MADE AVAILABLE THROUGH THE SERVICES, IN EACH CASE SOLELY FOR YOUR PERSONAL, NONCOMMERCIAL USE. 

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY NICCO.

6 - Cancelled orders

YOUR ORDER PLACED THROUGH THE NICCO APP IS AN OFFER TO BUY FROM A MERCHANT. THERE WILL BE NO CONTRACT OF ANY KIND BETWEEN YOU AND NICCO UNLESS AND UNTIL WE ACCEPT YOUR ORDER, AND IN THE CASE OF FOOD AND BEVERAGES BEING PROVIDED TO YOU, WHEN WE DEBIT YOUR CREDIT CARD, DEBIT CARD OR OTHER PAYMENT METHOD.  AT ANY POINT UP UNTIL THEN, WE MAY DECLINE TO SUPPLY THE SERVICES TO YOU WITHOUT GIVING ANY REASON. AT THE MOMENT WE ACCEPT YOUR ORDER AND WE DEBIT YOUR CREDIT CARD, DEBIT CARD OR OTHER PAYMENT METHOD, A CONTRACT WILL BE MADE BETWEEN YOU AND NICCO.  ALL FOOD AND BEVERAGES ORDERED REMAIN THE PROPERTY OF THE MERCHANT UNTIL PAYMENT IS RECEIVED IN FULL. OUR TOTAL LIABILITY TO YOU FOR NON-DELIVERY OF PURCHASED GOODS IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS.

IF YOUR ORDER HAS BEEN CANCELLED BECAUSE YOU CANNOT PRESENT VALID PHOTO IDENTIFICATION OR YOU ARE INTOXICATED, YOUR ORDER WILL ALSO BE REFUNDED, EXCEPT FOR ANY DELIVERY FEE (WHERE APPLICABLE FOR IN-VENUE DELIVERY SERVICES), WHICH WILL BE CHARGED. IF YOUR ORDER HAS BEEN CANCELLED BECAUSE YOU WERE UNABLE TO COLLECT YOUR ORDER WITHIN 30 MINUTES, YOUR ORDER WILL NOT BE REFUNDED. IF YOUR ORDER HAS BEEN CANCELLED BECAUSE THE MERCHANT HAS RUN OUT OF STOCK, YOUR ORDER WILL BE REFUNDED IN FULL.

NICCO SHALL NOT BE LIABLE FOR ANY DELAY IN DELIVERING YOUR FOOD AND BEVERAGES IF THAT DELAY OR FAILURE IS CAUSED BY CIRCUMSTANCES BEYOND OUR CONTROL SUCH AS WAR, RIOT, CIVIL COMMOTION, MALICIOUS DAMAGE, COMPLIANCE WITH ANY CURRENT OR FUTURE LAW OR GOVERNMENTAL ORDER, RULE, REGULATION OR DIRECTION, FIRE, FLOOD, STORM OR OTHER POOR WEATHER CONDITIONS, ACT OF GOD, FAILURE OF ISP OR TELECOMMUNICATIONS PROVIDER IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT.

7 - Use of the Nicco App and Service

(A) EQUIPMENT: THE USE OF THE NICCO APP AND THE SERVICE A DO NOT INCLUDE THE PROVISION OF A COMPUTER OR OTHER NECESSARY EQUIPMENT TO ACCESS THE NICCO APP OR THE SERVICE. TO USE THE NICCO APP OR SERVICES, YOU WILL REQUIRE A SMART PHONE, INTERNET CONNECTIVITY AND APPROPRIATE TELECOMMUNICATION LINKS. WE SHALL NOT BE LIABLE FOR ANY TELEPHONE COSTS, TELECOMMUNICATIONS COSTS OR OTHER COSTS THAT YOU MAY INCUR AS A RESULT OF USING OR ACCESSING THE NICCO APP OR SERVICES.

(B) REGISTRATION: YOU MUST REGISTER AN ACCOUNT WITHIN THE NICCO APP BEFORE YOU CAN USE IT TO MAKE A ORDER/PURCHASE. TO REGISTER YOU NEED TO SUPPLY US WITH YOUR NAME, DATE OF BIRTH, EMAIL ADDRESS, PAYMENT METHOD OF CHOICE AND POSSIBLY SOME OTHER PERSONAL INFORMATION WE MAY REQUEST FROM TIME TO TIME. YOU MUST PROVIDE ACCURATE AND COMPLETE INFORMATION. SEE OUR PRIVACY POLICY FOR MORE DETAILS ABOUT THIS. A FAILURE BY YOU TO PROVIDE CORRECT AND/OR ACCURATE PERSONAL INFORMATION TO US, OR THE PROVISION BY YOU OF FALSE OR MISLEADING INFORMATION IS A BREACH OF THIS AGREEMENT.

(C) PASSWORDS: ONCE YOU FINISH REGISTRATION, YOU MUST KEEP YOUR NICCO APP PASSWORD CONFIDENTIAL AND IMMEDIATELY NOTIFY US IF ANY UNAUTHORISED THIRD PARTY BECOMES AWARE OF THAT PASSWORD OR IF THERE IS ANY UNAUTHORISED USE OF YOUR ACCOUNT OR ANY BREACH OF SECURITY KNOWN TO YOU. YOU MAY NEVER USE ANOTHER PERSON’S ACCOUNT OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. YOU ARE SOLELY RESPONSIBLE FOR THE ACTIVITY THAT OCCURS ON YOUR ACCOUNT AND YOU MUST KEEP YOUR LOGIN DETAILS AND ACCESS TO THE NICCO APP SECURE. 

(D) CLOSING ACCOUNTS: WE RESERVE THE RIGHT TO CLOSE ACCOUNTS IF ANY USER IS SEEN TO BE USING PROXY IPS (INTERNET PROTOCOL ADDRESSES) IN ORDER TO ATTEMPT TO HIDE THE USE OF MULTIPLE REGISTRATION ACCOUNTS, OR IF A NON-AUSTRALIAN USER PRETENDS TO BE A USER, OR DISRUPTS THE NICCO APP OR THE SERVICES IN ANY WAY OR IF WE BELIEVE THAT THE USER IS UNDER THE AGE OF 18 YEARS OLD.

8 - General

(A) CURRENCY: ALL PRICES ARE IN AUSTRALIAN DOLLARS.

(B) GST: EXCEPT WHERE INDICATED OTHERWISE, PRICES INCLUDE GST.

(C) NO OTHER TERMS: EXCEPT AS EXPRESSLY STATED IN THESE TERMS, ALL WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

(D) ENTIRE AGREEMENT: THESE TERMS AND OUR PRIVACY POLICY CONTAINS ALL THE TERMS AGREED BETWEEN US AND YOU REGARDING ITS SUBJECT MATTER. THE SERVICES ARE PROVIDED TO YOU UNDER OUR OPERATING RULES, POLICIES, AND PROCEDURES AS PUBLISHED FROM TIME TO TIME ON GOTNICCO.COM. 

9 - Purchase of Products

(A) REQUIREMENTS: YOU MAY ONLY PLACE AN ORDER IF YOU MEET THE FOLLOWING REQUIREMENTS:

• YOU ARE NOT A MINOR (UNDER 18 YEARS OF AGE);
• YOU ARE NOT PURCHASING ON BEHALF OF, OR WITH THE INTENTION TO SUPPLY TO, A MINOR;
• YOUR TOTAL ORDER PRICE EXCEEDS THE MINIMUM ORDER REQUIREMENT SET BY US;
• THE NOMINATED PLACE OF COLLECTION OR DELIVERY OF THE PRODUCTS IS WITHIN THE PREMISES YOU'VE SELECTED WITHIN THE NICCO APP;
• THE NOMINATED COLLECTION / DELIVERY TIME OF THE PRODUCTS IS WITHIN THE DELIVERY HOURS OF THE PREMISES YOU'VE SELECTED WITHIN THE NICCO APP;
• YOU AGREE TO MAKE PAYMENT TO US FOR THE ORDER PRICE, COMPRISING OF THE PRODUCT PRICE AND DELIVERY FEE (WHERE APPLICABLE FOR IN-SEAT DELIVERY WHERE AVAILABLE);
• YOU AGREE THAT THE DELIVERY FEE (WHERE APPLICABLE FOR IN-SEAT DELIVERY WHERE AVAILABLE) IS NON-REFUNDABLE;
• YOU AGREE AND ACKNOWLEDGE THAT WE ABIDE BY THE RESPONSIBLE SERVICE OF ALCOHOL REGULATIONS AND WE HAVE THE RIGHT TO ENFORCE SUCH REGULATIONS.

(B) ORDER: WHEN YOU CLICK THE "PLACE ORDER" BUTTON, YOU OFFER TO PURCHASE THE PRODUCTS AT THE ORDER PRICE ("ORDER"). YOUR ORDER IS SUBJECT TO ACCEPTANCE BY NICCO AND MERCHANTS WITHIN THEIR LICENSED PREMISES IN AUSTRALIA. ACCEPTANCE WILL BE CONDITIONAL UPON THE TERMS OF THIS AGREEMENT INCLUDING RECEIPT OF SATISFACTORY EVIDENCE OF YOU BEING OVER 18 YEARS OF AGE; CONFIRMATION OF THE AVAILABILITY OF STOCK THAT YOU HAVE ORDERED.

WE WILL NOTIFY YOU IF WE DECLINE OR ARE UNABLE TO ACCEPT YOUR ORDER. SHOULD YOUR SELECTION NOT BE AVAILABLE, WE WILL MAKE ALL REASONABLE EFFORTS TO CONTACT YOU TO OFFER A SUITABLE SUBSTITUTION.  SHOULD YOU NOT BE CONTACTABLE, WE RESERVE THE RIGHT TO SUBSTITUTE THE SELECTED PRODUCT(S) TO THE CLOSEST EQUIVALENT PRODUCT(S).

(C) PAYMENT: WE WILL TAKE PAYMENT OF THE ORDER PRICE ONCE YOUR PURCHASE IS COMPLETE. 

(D) CHARGE BACKS AND DISPUTES: WE SHALL BE LIABLE AND RESPONSIBLE FOR DEALING WITH ANY CHARGE BACKS OR DISPUTES. PLEASE CONTACT US IN RELATION TO ANY DISPUTES.

(E) ORDER/PRODUCT COLLECTION OR DELIVERY: WHEN WE NOTIFY THAT YOUR ORDER IS READY FOR PICK-UP OR IS BEING DELIVERED IN-VENUE, YOU MUST PROMPTLY MAKE YOURSELF AVAILABLE AT THE DESIGNATED COLLECTION OR DELIVERY SPOT. NICCO AND MERCHANTS MAY WAIT UP TO 30 MINUTES AT THE NOMINATED PLACE OF COLLECTION, OR FOR IN-VENUE DELIVERY, 10 MINUTES. IF YOU OR YOUR AUTHORISED REPRESENTATIVES ARE NOT PRESENT WITHIN 30 MINUTES MINUTES TO COLLECT, OR WITHIN 10 MINUTES ACCEPT DELIVERY OF THE PRODUCTS, YOUR ORDER MAY BE CANCELLED BY NICCO AND/OR THE MERCHANT.

IN THE EVENT OF UNSUCCESSFUL COLLECTION / DELIVERY, THE ORDER SHALL BE DEEMED CANCELLED AND THE ORDER PRICE LESS DELIVERY FEE (WHERE APPLICABLE) AND LESS ANY MERCHANT RESTOCKING FEE WILL BE REFUNDED TO YOU WITHIN 3-5 BUSINESS DAYS OF THE DELIVERY DATE.  

10 - Indemnity

YOU SHALL INDEMNIFY AND HOLD US (AND OUR RELATED BODY CORPORATE (AS DEFINED IN THE CORPORATIONS ACT 2001 (CTH)), DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND THE CONTRACTORS) HARMLESS AGAINST ANY CLAIM, ACTION, DEMAND, LOSS OR DAMAGES MADE OR INCURRED BY US ARISING FROM THE USE OF THE SITES BY YOU OR ANY BREACH OF THIS AGREEMENT BY YOU INCLUDING BUT NOT LIMITED TO DELAYS IN DELIVERY, INACCURATE DESCRIPTION OF PRODUCTS, AND SUCH OTHER MATTERS WHICH ARE OUTSIDE OF OUR CONTROL.

11 - Limitation of Liability

THE NICCO APP IS PROVIDED BY NICCO IN GOOD FAITH BUT NICCO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO ALL OR PART OF THE NICCO APP, SITE, CONTENT OR ANY WEBSITES TO WHICH THE SITE IS LINKED (“NICCO SITES”), AND ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. THE CONTENTS OF THE NICCO SITES DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION. TO THE EXTENT PERMITTED BY LAW, NICCO HEREBY DISCLAIMS ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS AND/OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, ALL OR ANY PART OF THE NICCO SITES OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THESE.

WE EXCLUDE, IN SO FAR AS IT IS LEGALLY POSSIBLE ALL LIABILITY AND RESPONSIBILITY FOR DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM:

• THE ACCURACY, COMPLETENESS, FITNESS FOR PURPOSE OR LEGALITY OF ANY SERVICES, PRODUCTS OR INFORMATION ACCESSED USING THE NICCO SITES OR OTHERWISE; AND
• THE TRANSMISSION OR THE RECEPTION OF OR THE FAILURE TO TRANSMIT OR TO RECEIVE ANY MATERIAL OF WHATEVER NATURE;
• YOUR USE OF ANY INFORMATION OR MATERIALS ON THE NICCO SITES (WHICH IS ENTIRELY AT YOUR OWN RISK AND IT IS YOUR RESPONSIBILITY); AND
• THE SUPPLY, DELIVERY, USE AND CONSUMPTION OF MERCHANT FOOD AND BEVERAGES; AND
• THIS WAIVER EXTENDS TO ALL CLAIMS REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE OR KNOWN TO US. OUR LIABILITY FOR LOSS OR DAMAGE OR CLAIM SHALL NOT EXCEED AUD$10.00.

12 - Warranty Disclaimers

(A) WE DO NOT REPRESENT OR WARRANT THAT:

• ANY CONTENT OR INFORMATION ACCESSIBLE VIA THE NICCO SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE INCLUDING ANY DETAILS RELATING TO THE MERCHANTS, THEIR VENUES, THEIR EVENTS AND/OR THEIR FOOD AND BEVERAGES FOR SALE. SUCH INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
• YOUR USE OF THE NICCO SITES AND THE SERVICES WILL BE UNINTERRUPTED AND WE DO NOT WARRANT THAT ANY INFORMATION (OR MESSAGES) TRANSMITTED VIA THE NICCO SITES WILL BE TRANSMITTED ACCURATELY, RELIABLY, IN A TIMELY MANNER OR AT ALL.
• THE NICCO SITES ARE FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE A HARMFUL EFFECT ON ANY TECHNOLOGY.
• WE WILL USE REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS AS SOON AS PRACTICABLE AFTER BEING NOTIFIED OF SAME.

(B) THE NICCO SITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NICCO’S OBLIGATIONS WITH RESPECT TO THE PRODUCTS AND SERVICES IT OFFERS ARE GOVERNED SOLELY BY THE AGREEMENTS UNDER WHICH THEY ARE PROVIDED AND NOTHING ON THE NICCO SITES SHOULD BE CONSTRUED TO ALTER SUCH AGREEMENTS.

(C) NICCO FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIALS, INFORMATION OR SERVICES AT THIS SITE.

(D) NICCO MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THE NICCO SITES, OR TO THE PRODUCTS AND SERVICES DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND SERVICES ON THE NICCO SITES MAY BE OUT OF DATE, AND NICCO MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND SERVICES ON THE APP/WEBSITE.

(E) INFORMATION PUBLISHED ON THE NICCO SITES MAY REFER TO MERCHANTS, PRODUCTS, EVENTS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR AREA OR COUNTRY.

13 - Intellectual Property Rights

THE NAMES, IMAGES AND LOGOS IDENTIFYING NICCO, US OR THIRD PARTY SUPPLIER AND THEIR PRODUCTS AND SERVICES, ARE PROPRIETARY MARKS AND NO USE SHOULD BE MADE UNLESS WITH PRIOR WRITTEN CONSENT.
YOU ACKNOWLEDGE THAT NO TITLE OR INTEREST TO NICCO OR OUR INTELLECTUAL PROPERTY RIGHTS IS TRANSFERRED TO YOU AND YOU AGREE TO MAKE NO CLAIM OF INTEREST IN ANY OF NICCO OR OUR SERVICES OR THE NICCO SITES. A SUBMISSION BY YOU SHALL BE CONSIDERED (AND WE MAY TREAT IT AS) NON-CONFIDENTIAL (SUBJECT TO OUR OBLIGATIONS UNDER DATA PROTECTION LEGISLATION). YOU GRANT US A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE LICENCE TO USE, COPY, MODIFY, ADAPT, TRANSLATE, PUBLISH AND DISTRIBUTE WORLD-WIDE ANY SUBMISSION.