our Local Serves mobile application which is available for download on Google Play and the Apple App Store (the App); and
our website at http://www.localserves.com.au (the Website),
(collectively, Local Serves).
In these Terms, we, us and our are all references to Deliverit Software Pty. Ltd. ABN 85 065 049 238 of 5/334 Highbury Rd, Mount Waverley 3149 VIC Australia.
If you do not accept these Terms, you must not and cannot access or use Local Serves.
If you are a 'consumer' for the purposes of the Australian Consumer Law, your use of Local Serves and the orders that you place on Local Serves will be subject to non-excludable guarantees under the Australian Consumer Law. These Terms do not affect those guarantees or the rights that you have under the Australian Consumer Law or similar state or territory law. Please click here to read about your rights as a consumer under the Australian Consumer Law.
Further information about Local Serves is described in the App and on our Website.
Local Serves contains functionality that allows you to order food that is supplied by third party food providers whose food is advertised on Local Serves (Food Providers). In these Terms, any reference to 'food' also includes any drinks or other items that you order via Local Serves.
Once you have placed an order via Local Serves, we will forward the order to the Food Provider and the order will then constitute a request for the Food Provider to prepare and either deliver the food, or make it available for your collection from the Food Provider, depending on the option that you selected in your order.
Upon our confirmation to you of the order, a legally binding contract will be entered into on these Terms and the order between you and us for the preparation and delivery or making available for collection, of the food you ordered. Where you order food via Local Serves from us, we act as agent for and on behalf of the relevant Food Provider, but only for the purposes of entering into the contract and collecting your payment.
The Food Provider is responsible for the food that you order (including as to quality, content and the timeliness of any delivery or the making available of the food for collection) and for any other acts or omissions of the Food Provider and any claims that you have about such matters are between you and the Food Provider.
Where you request food to be delivered in any order, the Food Provider may either deliver the order or arrange for a third party delivery service provider to make the delivery (Delivery Provider). We are not a Food Provider or Delivery Provider.
In no way are we responsible for the adherence to relevant laws, rules, regulations, and standards by any Food Provider or Delivery Provider or for the quality, fitness or merchantable quality of any Food Provider's food or any Delivery Provider's services.
You agree that we are not responsible for any loss, damage, costs or expenses that you may suffer or incur as a result of any act or omission of a Food Provider or Delivery Provider.
have the capacity to enter into legally binding contracts; and
not be banned from or had your account removed or terminated from Local Serves.
You recognise that you must be at least 18 years of age to purchase cigarettes or alcohol and proof of identity is required on delivery and collection of orders containing cigarettes or alcohol.
You recognise that it is an offence for any person to purchase alcohol or cigarettes for any person under the age of 18 years of age.
You must register an account on Local Serves before you can place an order.
We reserve the right to accept or reject any person's registration on Local Serves in our absolute discretion.
truthful and accurate information only; and
a valid email address and active telephone number.
If any of your contact details or other information that you provide during registration change, you must promptly (and in any event, before placing any order) update those details in your Local Serves account with your up-to-date details and information.
If you register an account on Local Serves, you will be solely responsible for maintaining the confidentiality of your account credentials and you must not disclose such credentials to any other person. You must immediately notify us if you become aware of any unauthorised use or misuse of your Local Serves account. You are solely responsible for the confidentiality of your username and password and any use of your Local Serves account (including unauthorised use).
We will send communications to you by email, phone, text messages and Local Serves App push notifications to help you manage and track your order. You must respond promptly to such notifications where necessary for your order to be processed or delivered.
You may unsubscribe from our sales and marketing emails by utilising the unsubscribe links included in those emails.
We reserve the right to suspend or cancel your account on Local Serves if you use Local Serves in breach of these Terms.
We strive to ensure that Local Serves is always available, but it may not be available at all times, including where we are carrying out maintenance of our software.
We may also update or upgrade Local Serves from time to time to release new features, resolve bugs or improve the user experience, including by releasing updates on the Apple App Store or Google Play. In all circumstances, your use of Local Serves shall continue to be governed by these Terms.
by cash to the Food Provider when you collect your food order; or
by debit or credit card on Local Serves.
Pricing. All pricing displayed for any food on Local Serves is in Australian Dollars and includes GST. A delivery fee may be payable - if so this will be clearly marked on Local Serves and included in the total price before checkout and/or payment
Cancellations. If you cancel your order, depending on the Food Providers policies, you may still be charged a proportion of the order price or the entire order price. You can obtain any Food Provider's cancellation policy by contacting them prior to placing the order.
you are not present when the order is delivered by the Food Provider or Deliverer;
you fail to collect the food you order from a Food Provider; or
you are not at the address that you order the food to be delivered to, when it is delivered.
Pricing Changes. Pricing advertised on Local Serves is subject to change at any time in our discretion.
If any payment is dishonoured or not received once your order has been delivered or collected, we may cancel your Local Serves account and take debt recovery or legal action to recover the outstanding debt, and charge you for all expenses incurred in connection with such debt recovery and legal action. We and the Food Provider also reserve the right to discontinue the supply of food to you in the future in such circumstances.
Once your order has been accepted by us and the Food Provider, we will send an electronic confirmation of your order to you with an estimated time within which your order will be delivered or made available for collection by you, whichever is applicable.
environmental conditions (e.g. traffic, weather);
increased demand for food orders; and
any unforeseen circumstance.
When you accept delivery of a food order, or collect a food order from a Food Provider's premises, you must be in possession of the card used to pay for that order (if you paid by card). You may be required to present your card for visual inspection prior to the Food Provider handing over to you the food you ordered.
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;
the Food Provider (rather than us) is responsible for ensuring that your order is satisfactorily delivered;
an itemised tax invoice with all charges will be provided to you when you collect your order or when it is delivered;
the Food Provider may refuse to deliver goods to you as a result of your delivery address being outside its area or territory;
you are responsible for collection of your order if you select pick up or collection in your order;
actual delivery times may change depending on conditions at the time (e.g. traffic, weather, etc), therefore, there is no guarantee that an order will be delivered within any estimated timeframe specified to you; and
any queries or concerns regarding an order must be directed to the Food Provider.
We do not assess or guarantee the quality, suitability, legality, safety or ability of Food Providers or Delivery Providers.
We rely upon Food Providers to provide accurate caloric, allergen and dietary information and general product safety.
We rely upon Food Providers and Delivery Providers to satisfactorily package, transport and ensure that food is delivered safely and in adherence to applicable food safety codes.
We do not represent or warrant that the information accessible through Local Serves is accurate, complete, reliable, current or error-free, including without limitation menus, nutritional, caloric, and allergen information, photos, food quality or descriptions, pricing, hours of operation, delivery availability or delivery areas, or reviews.
of an unsatisfactory quality;
delivered late; or
If you believe that your payment for an order needs to be refunded, you must contact the Food Provider with your payment receipt and order number to request a refund. If you are entitled to a refund under the Australian Consumer Law or other applicable state or territory law, or a Food Provider otherwise agreed to make a refund, any refund will be processed by the same payment method as the payment for that order was originally processed
If the Food Provider agrees to refund some or all of the payment for your order, the Food Provider will either refund your payment to you itself if payment was made by cash, or in circumstances where you paid for your order via the App or Website, request that we process the refund to you , in which case we will process the refund to you within 24 - 48 hours of receiving the Food Provider's instruction.
violating all or any legal rights of any person or company or other entity in any jurisdiction;
using Local Serves in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property rights and laws relating to spam or privacy;
introducing malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs);
engaging in harassing, discriminating, abusive, or bullying conduct or behaviour towards our personnel or any Food Providers or Delivery Providers;
circumventing user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers;
using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of Local Serves;
engaging in data scraping or data mining of Local Serves (whether directly or via any third party); and
using Local Serves to breach any applicable law of any applicable jurisdiction (including any privacy or data protection law),
You must not use Local Serves in breach of our Acceptable Use Policy.
You may not use Local Serves except as expressly permitted by these Terms and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our or our licensors' Intellectual Property Rights in Local Serves.
copy, alter, modify, adapt, distribute, reproduce, resell, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance Local Serves and/or any of Our Content, whether in whole or in part (except as expressly permitted by the Copyright Act 1968 (Cth));
do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors;
use Local Serves in any way that infringes our rights or the rights of any third party;
use Local Serves to create any product or service that competes with Local Serves; or
take any steps to circumvent any technological protection measure or security measures in Local Serves.
In these Terms, Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the Convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
As between you and us, we own all Intellectual Property Rights in Local Serves, including any source code in Local Serves and any data, text, images, photographs, videos and other information contained on any page or screen of Local Serves.
These Terms do not transfer or assign any Intellectual Property Rights to you.
You have no rights in Local Serves, Our Content or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to you to use Local Serves to place food orders.
You hereby assign to us all and any Intellectual Property Rights to us in all and any comments or improvement suggestions that you may make in connection with Local Serves and any requests for new Local Serves features (each, an Improvement Suggestion). The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
You irrevocably consent to the infringement by us and any third party we authorise, of all Moral Rights (as defined in the Copyright Act 1968 (Cth)) that you may have in any Improvement Suggestions.
use any of our trade marks, domain names, business names, company names, product names, service names, app or website names or other marks (collectively, Marks); or
contest any Mark, apply for registration of any Mark or use or apply for registration of any trade mark, trade name, business name, company name or domain name which is or incorporates any element that is confusingly similar to any Mark.
You have no rights in respect of any Marks or their associated goodwill. All such rights and goodwill inure for the benefit of and are (and will remain) vested in us or our licensors.
You must not take any step to invalidate or prejudice our (or our licensors') Intellectual Property Rights in Local Serves or otherwise.
We use Braintree (the Payment Gateway) to process payments made to us via Local Serves.
that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of our or the Payment Gateway's software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
that except in respect of any non-excludable guarantees, we do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that we are not responsible for the performance or non-performance of the Payment Gateway; and
you may read the privacy statement of the Payment Gateway provider, which is available on the Payment Gateway provider's website at https://www.braintreepayments.com/au/legal/braintree-privacy-policy and https://wpay.io/privacy-policy/
Except to the extent that we are unable to limit our liability under the Australian Consumer Law or other applicable law, to the extent that our liability is not otherwise excluded by these Terms, subject to any non-excludable guarantees, our liability to you is limited to $200.
Where liability for breach of any guarantees under the Australian Consumer Law or similar state or territory law can be limited, our liability arising from any breach of those guarantees (if any) is limited, at our option: (i) with respect to the supply of goods, to the replacement or repair of the goods or the cost of resupply or replacement of the goods; and (ii) with respect to services, to the supply of services again or the cost of re-supplying the services again.
Other than any non-excludable guarantees implied into these Terms under the Australian Consumer Law, all conditions, warranties and guarantees that would be implied into these Terms are hereby excluded.
at any time without notice if you breach any provision of these Terms that is incapable of remedy or you breach any provision of these Terms that is capable of remedy that is not remedied within the time specified by us;
at any time if you repeatedly breach any provision of these Terms (including, any provision of the Acceptable Use Policy); or
at any time if you infringe our Intellectual Property Rights.
You may terminate your Local Serves account at any time by logging in and cancelling your account.
Termination of your Local Serves account does not affect any accrued rights of you or us.
Any notice issued to you from us or from us to you shall be in writing and sent by hand delivery, post or email. Where sent from us to you, we may use any of your contact details that you provide to us.
You may contact us or send a notice to us using our contact details that are specified on our Website.
Any notice issued by hand shall be deemed delivered upon delivery.
Any notice issued by post shall be deemed delivered 6 business days after posting if posted domestically, or 20 business days after posting if posted internationally.
Any notice issued via email shall be deemed to have been delivered on the day on which it is transmitted if the sender receives a read or delivery receipt or a reply to the email.
We may send you email or other electronic messages concerning Local Serves from time to time.
These Terms constitute an agreement between you and us and not between you and Apple, or you and Google. As between us and Apple Inc., and as between us and Google Inc., we are solely responsible for any product warranties pertaining to the App, whether express or implied by law, to the extent not otherwise effectively disclaimed under these Terms.
In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to your use of a version of the App downloaded through the Apple App Store you may notify Apple, and Apple will refund the purchase price of the App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be our sole responsibility, subject to the provisions of these Terms.
Subject to these Terms, you and we each acknowledge that, as between you and us, we, and not Apple or Google, are responsible for addressing any of your claims relating to the App or your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.
to release and indemnify us from any claims that you or any other person might otherwise have (including any claims arising under consumer protection or similar legislation in respect of the App and any other claims, losses, liabilities, damages or expenses), in each case, where caused by your breach of these Terms; and
you, and not us, will be solely responsible for any of the matters referred to in clause 16.3 to the extent they are caused or contributed to by you.
We and you each acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
We and you each acknowledge and agree that Apple and Google, and Apple's and Google's respective subsidiaries, are third party beneficiaries of these Terms, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
Amendment: These Terms may be amended by us at any time. If you are a Registered User we will notify you when we make such amendments. Your continued access or use of Local Serves will be deemed to constitute acceptance of the amended version.
Severability: If any part of these Terms is deemed invalid by a court of competent jurisdiction, the remainder of these Terms shall remain enforceable.
Relationship: You and we are independent contracting entities and these Terms do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
Entire agreement: These Terms constitute the entire agreement between you and us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between you and us, regarding the subject matter of these Terms.
Jurisdiction: These Terms are governed by the laws in force in Victoria. You and we each submit to the exclusive jurisdiction of the courts located in Victoria and the courts of appeal from them in relation to any proceedings and disputes between you and us concerning these Terms and/or Local Serves.
headings and underlinings are for convenience only and do not affect the construction of these Terms;
a provision of these Terms will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision;
currency or "$" refers to Australian dollars unless specified otherwise;
a reference to a statute or regulation includes amendments thereto;
a reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms;
a reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made;
a reference to time is to time in Victoria;
a reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity; and
the words "includes", "including" and similar expressions are not words of limitation and shall be interpreted as if followed by the words "but not limited to" in each case.