Terms & Conditions
Foodelive website (Foodelive.com.au) and apps are operated by
AUSSIE OCEANS PTY. LTD. ABN 69 611 964 428.
Please read these Terms carefully before ordering any products
through the Website, as your use of Foodelive and purchase of any products
offered on Foodelive is subject to these Terms. And you agree to be bound by
these Terms.
We reserve the right to change these Terms from time to time by
changing them on this page. If you do not accept these Terms, you should leave
the Website or Apps immediately, and you will not be able to order any products
through the Website or Apps.
Registration
Upon you fully completing the registration process and supplying
us with the requested information you will be in a position to use Foodelive
website or apps.
By accepting the terms and conditions when you register you
expressly consent to our limited use of your private details.
Service
You agree that:
1. We are not a producer, supplier or reseller of the Products;
2. Any contract for the supply of Products is strictly between you
and the Merchant;
3.We do not make any representations or warranties regarding the
quality, availability or preparation of the Products or that the Products
supplied by the Merchants are fit or safe for consumption and You agree to
relieve us from any liability whatsoever in this regard;
4. All orders and deliveries for Products are dependent on and
subject to the availability of the relevant Merchant and the availability of
the Merchant's staff and opening hours at the relevant time;
5. We reserve the right at all times to refuse to provide the
Service to You, terminate Your access to Foodelive or remove or cancel Your
order at Our sole discretion, in which case a refund will be offered to You;
6. You accept full responsibility for providing accurate details
(including verification of ingredients in respect of any allergies or specific
dietary requirements specific to you) when placing an order through Foodelive.
7. Product pictures are for reference only and the actual products
are subject to in-store products.
8. If you have extra consumption in
the supplier (restaurant), please refer to the supplier (restaurant) rules.
Exemption
clause
We have nothing to do with unpredictable conditions (including but
not limited to slipping, scalding, earthquake, fire, tsunami, flood, war,
terrorist attack, etc.) after the arrival of customer that have booked to supplier
(restaurant). We undertake no relevant legal responsibility.
PAYMENT
1. Prices for individual menu items will be as quoted on the
Website or Apps in Australian dollars. These prices include any applicable
taxes but may exclude delivery costs (if you opt for delivery instead of
collection) and any online payment administration charge imposed by the
Restaurant (if you pay for your Order online). These will be added to the total
amount due where applicable.
2. Incorrect pricing: This Website or Apps contains a large number
of menus and it is possible that some of the menus may include incorrect
prices. The products will be sold for the displayed price even if the correct
price for an Order is higher than the price stated on the Website or Apps.
3. Payment methods: Payment for Orders must be made by an accepted
credit or debit card or WeChat through the Website, Apps or in cash to the
Restaurant at the point of delivery to you.
4. Card payments: If you pay by credit or debit card, you may be
required to show the card to the Restaurant at the time of delivery as proof of
identification and so that they can check that the card conforms with the
receipt data for the Order. Please note that from time to time there may be
delays with the processing of card payments and transactions; this may result
in delays in sums being deducted from your bank account or charged to your
credit or debit card.
5. Rejected Orders: Once you have submitted an Order that you are
paying for by credit or debit card and your payment has been authorized, you
will be charged the full or part of amount of your Order. If your Order is
subsequently rejected by the Restaurant or cancelled for any other reason, your
bank or card issuer will refund the relevant amount. However, this may take
between 3 to 5 working days (or longer, depending on your bank or card issuer).
You acknowledge and agree that neither we nor the relevant Restaurant will be
responsible or liable to you in relation to this delay by your bank or card
issuer in the release of funds back into your account.
6. Payment via FOODELIVE can be made by credit card or Wechat.
Customer prepayment will be no surcharge.
7. Payment method and surcharge fee may be different from the
restaurant. When you pay in the restaurant please refer to the restaurant
regulations. If you have a balance other than prepayment at the time of
booking, please pay to the restaurant when you go to the restaurant.
8. For dining booking service,
services cannot be guaranteed if you come later than the due time.
Refunds and Returns
1. If you have any complaint about the quality of the food
received you should in the first instance discuss your complaint with the food
vendor. If food vendor agree to refund, they would process the refund function
online.
2. If we determine, in our absolute discretion, that you have
improperly used the refunds and returns procedure you will be in breach of
these terms and conditions.
3. You can cancel orders 24 hours prior to the due time for dining
if there is no other special agreement. Cancelation fee will be charged. For
WeChat payment, cancelation fee is 2% of amount of prepayment. For credit card
payment, cancelation fee is 5% of amount of prepayment. The cancellation fee
can be waived if it is the first time or customer has ordered more than 500AUD
in total in recent one year.
4. Orders cannot be canceled if the time from the current time to
the booked time for dining is less than 24 hours. Please pay attention to your
email to check your order status.
3. The telephone number of the food vendor will be endorsed on
your email confirmation of order. You are able to telephone the food vendor and
if the order has not been completed you have the right to cancel the order and
you can contact with food vendor to process the order cancellation. After that,
a email about cancellation will be sent to you. If the order has been processed
and is of proper quality you are unable to cancel the order.
4. For credit card payments, should an order be refunded, you
should be aware that you may not see a refund transaction on your credit card
statement because the original payment was never processed and the money never
left your account. If the money was deducted from your credit card account then
you will see a refund amount on your statement. Banks can take up to a week to
process refunds.
5. If customer would like to change the order details, the
customer must contact with the food vendor directly. Food vender has the right
to refuse the change request.
6. If Customer would like to refund, customer must contact with
food vendor directly. When refund is demanded, Foodelive shall first obtain
approval and authorization from the food vendor.
7. If customer does not come to the restaurant during available
working time on the due date (the available working time for lunch is before
off duty at noon, the available working time for dinner is before off duty at
the end of the day), the restaurant will not provide the booked products &
services. There is no refund of the pre-paid amount on booking.
Privacy
Privacy policy of Foodelive will follow strictly with the current
Australian privacy laws.
We recognise the importance of protecting the privacy of personal
information collected about Our customers and We take all reasonable measures
to keep Your personal information secure.
You agree to allow Us to use Your personal information for the
purposes of:
sending or facilitation communications (including the
communication of promotions or deals) between You and the relevant Merchant;
performing diagnostics testing and analysis of problems or support issues with
Our services or for the purposes of research; providing aggregated data to Merchants
and our affiliated business partners (Business Partners) on an anonymous basis
regarding order habits, spending, location, favorite orders, gender, birth date
together with relevant analytics data and research; and sending communications
from Us and from Merchants and our business partners that You may be interested
in.
You agree to allow Us to share Your personal information with the
following parties:
Merchants and Business Partners of Foodelive, for the purposes of
facilitating the placement of orders, payment and deliveries (where selected)
of Products and for notifying you of offers and promotions from Merchants and
Business Partners.
If you no longer want your information to be used or provided in
the manner outlined above please email us at
foodelive-support@emembercard.com
.