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 .