a. This website is owned and operated by Deliverit Software Pty Ltd (ACN 065 049 238) ("the Company"). Access to this Website, placing an order, use of software, or downloading software from this website is conditional upon Your acceptance to these Terms and Conditions of Use. These Terms and Conditions of Use affect Your rights and You should read them carefully.
b. If You do not agree to these Terms and Conditions of Use, please exit this Website.
c. Products sold through this Website are owned by the Food Providers.
d. The Company is the responsible party processing and approving Your online order.
e. "Credit card" means a Visa or MasterCard.
f. "Food Provider" means the food establishment that provides the food order to You.
g. "You" or "Your" refers to any person or entity using this Website to order goods and will be subject to these Terms and Conditions of Use.
h. "Website" means the website You are accessing in order to place an online order.
i. “Service Fee” means a fee that may be applied to each online order for payment by You, such fee being up to 5% of the total order.
j. “Delivery Fee” means a fee that may be imposed by the Food Provider for providing delivery of the goods to You.
2. Your Responsibility
b. Ownership of the goods remains the property of the Food Provider until payment has been approved or received.
c. You warrant that You are over 18 years of age.
d. You acknowledge that You are aware that it is an offence for any person under the age of 18 to buy or attempt to buy intoxicating liquor for themselves or anyone less than 18 years of age.
e. You acknowledge that orders for cigarettes or alcohol will not be accepted from You if You are under 18 years of age, and that proof of identity will be required on delivery of orders containing cigarettes or alcohol.
f. You warrant that any personal information provided by You is accurate in all respects. If Your personal information changes, You will immediately update any changes to Your personal profile.
g. You undertake not to use a false name or impersonate any other person or entity.
h. You agree that You have entered these Terms and Conditions of Use based on Your own skill and judgement and not on any representation, promise, statement or warranty made by the Company.
3. The Company
a. The Company will comply with its obligations under the Privacy Act 1988 (Cth).
b. The Company will use its best endeavours to protect the security of Your information submitted and retained.
c. The technical goods and services provided by the Company may be subject to errors, bugs, unexpected issues.
d. The times quoted for the delivery of the goods are estimates only and may be subject to change due to unforeseen circumstances.
e. The Company is providing access to the Website on behalf of the Food Provider and will not be responsible for the accuracy and reliability of the information contained therein.
f. The Food Provider will be responsible for any warranty with respect to the goods supplied by the Company on behalf of the Food Provider.
g. The Company may charge a Service Fee, up to 5% of the value of the order, and will ensure that the fee is always clearly identified and included in the Total Price before checkout and/or payment.
4. Methods of Payment
a. Payment for the goods must be made either by cash to the Food Provider on the collection of goods, or Credit card to the Company on completion of the order (whichever is applicable).
b. If payment is made by Credit card, the order placed will not be placed or supplied to You until payment has been processed and approved.
c. All Pricing is in currency of the country where the Food Provider is located.
5. Order Process
a. Saving unforeseen circumstances, once Your online order has been processed, it will be delivered within the specified time and dispatched or collected by You unless otherwise advised.
b. You will receive an electronic confirmation once Your online order has been processed.
a. You understand that:
i. deliveries to flats or apartments must be received by the apartment resident and cannot be left with other parties or in common areas of the building;
ii. the Food Provider is responsible for ensuring that Your order is satisfactorily delivered;
iii. an itemised tax invoice with all charges will be provided to You on pick up or delivery of Your order;
iv. the Food Provider may refuse to deliver goods to You as a result of Your delivery address being outside its area or territory;
v. You are responsible for collection of the goods if collected by pick up;
vi. delivery time may change depending on conditions at the time (eg traffic, weather, etc), therefore, there is no guarantee that an order will be delivered within any specified timeframe;
vii. any queries or concerns with an online order must be directed to the Food Provider; and
viii. if You paid for Your order by credit card, You may be asked to present Your credit card for visual inspection prior to handing over the goods.
b. If Your order is picked up or delivered in an unsatisfactory quality, You must bring Your concerns to the Food Provider.
c. A Delivery Fee may be imposed by the Food Provider, and it will always be clearly identified and included in the Total Price before checkout and/or payment.
a. Under the Competition and Consumer Act 2010 (Cth) You may seek a refund if goods:
i. are not fit for the intended purpose;
ii. do not match the description; or
iii. contain some defect.
b. If You believe that Your payment needs to be refunded, You must contact the Food Provider with Your payment receipt and order number to request a refund.
c. Any refund will be made in the same form as the original payment.
d. If the Food Provider agrees to a refund, the Food Provider will either refund Your payment itself if payment was made by cash, or request a refund from the Company with the order number, and the Company will provide a refund to You within 24-48 hours.
e. If any payment is dishonoured or not received once the goods have been delivered, the Company may seek to recover the outstanding debt, and charge You for all expenses incurred by the Company in the recovery of all money outstanding. The Company and the Food Provider also reserve the right to discontinue the supply of goods to You in the future.
a. An order can only be cancelled through the Food Provider at its discretion. You must contact the Food Provider directly to cancel an order.
b. The Company and the Food Provider reserve the right to cancel the order and delivery of any goods at any time by notice delivered to You by email, SMS or telephone.
9. Liability and Limitation of Liability
a. The goods will remain the property of the Food Provider until payment for the goods has submitted and approved.
b. After delivery, You take full responsibility for any damage, theft or otherwise to the goods.
c. The Company shall not be responsible for any liability in relation to any direct, indirect, special or consequential damages or loses arising from:
i. Your access, use or inability to use the Website;
ii. Your liability to any third party;
iii. failure to deliver any goods or complete any task agreed upon for any reason;
iv. alteration or modification of the goods by anyone;
v. errors, mistakes or inaccuracies of content of the Website;
vi. any unauthorized access or use of the Website or secure servers and any information contained therein;
vii. any interruption or cessation to the transmission to or from the Website;
viii. any bugs or viruses transmitted to or through our website by any third party; or
ix. any product advertised or offered or sold by a Food Provider through the Website.
a. The Company reserves the right to decline Your order, terminate Your link to the Website, remove You as a user, prevent any further use if You breach these Terms and Conditions of Use, and You must cease use immediately.
11. Governing Law
a. This Agreement is governed by the law in the State of Victoria. All parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria.