2. Specific terms applicable to marketplace sales
In addition to providing food related services to you, Foody360.com.au also works with restaurants and cafes that allows independent, third party sellers who abide by our standards to list and sell goods on our Website ("Sellers"). If goods on the site are being sold by a third party, the listing will contain the Seller's details in addition to any terms of sale specific to the Sellers goods.
By ordering the food from these restaurants/cafes, you are transacting directly with the Seller, and Foody360.com.au is not a party to the transaction. As a result, we do not control the delivery time and any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods. However, Foody360 will take reasonable responsibility to follow up for deliver and goods through the restaurants.
In addition to terms applicable to services that we offer, these terms also set out terms applicable to food (such as delivery time and delivery fee) fixed by the third-party Sellers.
You agree that as a platform for independent Sellers, we are not responsible for the dispute that occur between you and the Seller, nor are we responsible for the Seller's services. To the extent permitted by law, Foody360.com.au makes no warranty or representation regarding the standard of any services to be supplied by the Seller. Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations, that cannot be restricted or modified by law (including the Australian Consumer Law).
3. Registration and User Requirements
You must be a registered user to make orders and access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
4. Access and use of the Website
You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
You must not (or attempt to):
interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
interfere (or attempt to interfere) with security-related or other features of our site; or
use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
5. Information on this Website
Information about goods on the Website is based on material provided by third party Sellers, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
Due to photographic and screen limitations associated with the representation of the food, it (including seasoning, smell, colour and freshness) may differ to a small extent in visual appearance from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
6. Disclaimer and Liability
To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
errors, mistakes or inaccuracies on the Website or our social media pages;
personal injury or property damage of any nature resulting from your access to or use of the Website;
any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
any interruption or cessation of transmission to or from the Website;
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
the quality of any product or service of any linked sites.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Sellers of goods and services.
Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
You will always indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
8. Placing Orders
You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
The promotion of food related services on the Website does not constitute an offer to sell. It is an invitation to treat only.
Orders placed by you are offers to purchase either:
a voucher for particular food and/or services under the terms and conditions in this Agreement, and any third-party supplier/Seller terms and conditions at the price specified (including delivery and other charges); or
goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
Services offered by Foody360.com.au are not reserved in-cart, and an order is only finalised when you have completed the checkout process, received an order confirmation from us and payment is received in full.
When an order is placed for a Seller's goods, we will send the order to the Seller for confirmation, at which time they may accept or reject your order. Where a Seller rejects your order, we will refund you for the order and associated shipping charges. You will receive confirmation that your order has been accepted by the Seller via email.
We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will refunded in full.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns is given at our absolute discretion. We will not change or replace your order where you have made an error. Foody360 will try with our best efforts to transfer your food order to another seller, with the consent from both sellers.
If we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
9. Price, Payment and Use of Discount/Coupon Codes
The food price, delivery and other charges shown are in Australian dollars.
All payments must be received in full prior to the delivery / or pickup of food or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order. In certain occasions foody360 will allow Cash On delivery (COD) for the sellers and you are responsible to pay directly to the seller who deliver the food at your premises.
A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.
10. Reward Points
Excess credit in your reward points shall be used to order food later.
To the extent permitted by law, Foody360.com.au reserves the right to change any of the terms and conditions in relation to its Reward Points upon the provision of reasonable notice, including by notice on the Foody360.com.au Website.
Reward points can only be used after reaching the minimum amount of 40 AUD. Unless otherwise stated in any promotional materials or elsewhere by us, Reward Points can be used to redeem less than 40 AUD, or otherwise at our discretion (including for goodwill purposes)
11. Shipping and Delivery
Subject to this Agreement, food will be accepted as shown on your order confirmation, which will be provided to you by email.
We will use our best endeavours to meet stated timeframes for delivery which usually within an hour, however, from time to time particularly during busy periods, our sellers’ service providers may suffer delays beyond our control. Sellers may set their own delivery time frames which may differ for each food. You should check with the seller directly on the delivery timing.
Sellers utilise their own shipping and distribution networks and may charge different rates for shipping on goods.
A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery. We will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frame. When a parcel has been signed for delivery has occurred (regardless of whether you have personally accepted delivery).
We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
12. Packaging and Labelling
We endeavour to depict food delivery available for order using accurate images of the goods. At times, however, food delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
13. Change of Mind Returns or Return Policy
The following clause applies to food services offered by Foody360.com.au only. Sellers may have their own policies and procedures in relation to change of mind returns.
We cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for reward points or exchange of food with another seller on a case-by-case basis, provided that the issue in question is:
Banking and accounting error;
Seller (Restaurant) failed to deliver food; and
Seller (Restaurant) delivered the wrong food;
14. Problems with your delivered food – contacting us
If you have a problem with your delivered food, please contact us via the Help Centre. We will investigate your issues and advise you whether you will get refund or arrange another food from the seller or update your Reward Points.
For the Food delivered by the Cash On delivery (COD) arrangement, you may contact the Seller directly using the phone number provided under the specific restaurant section. If you have difficulty to identify, you may call food360 help centre to get the correct contact details.
Refunds will be issued using the payment method used for the purchase. Reward Points will be issued to the account used to order the food delivery or pickup.
We aim to process refunds and replacements within 7 days of receipt by us of the original product, however, depending on your case, sometimes this may take longer than 7 days.
In the case of foody360 refusal of a refund or Reward Point does not prevent you from seeking a refund directly from the Seller.
15. Problem in the food quality
All the food delivery arranged by Foody360.com.au (whether by us or an independent Seller) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for issues in the quality of food such as freshness and hygiene. You are also entitled to have the food replaced if the food fail to be of acceptable quality.
Any service compensation arranged by the Foody360.com.au will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may make a claim in relation to food that are in bad quality.
16. Dispute Resolution - Seller food
If you are unable to resolve a complaint or dispute with a Seller in relation to your food delivery, you may submit your complaint to our dispute resolution team.
We will investigate your dispute in line with our published dispute resolution procedures.
17. Social Media and Content
You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material ("Social Media"), is the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law, we do not accept liability in this regard.
As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post or allow content to be posted through your account that:
you do not have the right to post;
is defamatory or in contempt of any legal or other proceedings;
is misleading or deceptive;
is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
denounces religious or political beliefs;
contains religious or political material;
is indecent, obscene, vulgar, pornographic or offensive;
infringes any copyright, trade mark, patent or other intellectual property right of another person;
contains any unsolicited or unauthorised advertising or promotional material;
contains or links to viruses, malware, spyware or similar software; or
impersonates any person or misrepresents your relationship with any person.
We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
18. Intellectual Property
All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to Foody360.com.au, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not:
modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
19. Transfer and Assignment
You agree and acknowledge that, if we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
we shall be entitled to assign the benefit of any agreements we have with you to the third party.
We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
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