ORDER EATS PTY LTD (ORDER LOCAL) WEBSITE, APPS & PLATFORM - TERMS AND CONDITIONS

INTRODUCTION

Welcome to our Website. This page outlines the terms and conditions, refund policy and privacy policy on which we, ORDER EATS PTY LTD (ORDER LOCAL) ("we", "us", "our", or "Order Eats"), provide our Websites, Mobile Applications, Apps, Technology and Services ("Platform"). 

Order Eats is a platform which provides online food ordering and Table Reservation/Booking service in Australia through our website www.ordereats.com.au and different variations of mobile applications. Please read this page carefully before ordering any items through our platform.

ORDER EATS PTY LTD (ORDER LOCAL) create Website, Mobile Applications, App which are maintained as a service to our customers and Restaurant (Business Owners). By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

AGE CONFIRMATION

By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts and are at least 18 years of age.

ACCESSING PLATFORM AND PLACING ORDERS

By accessing and placing orders through our Platform ("Website, "Mobile Application", "Apps", "Services", or "Technology") you agree to be bound by these Terms, Conditions, Privacy & Refund Policies. We reserve the right to change these Website Terms from time to time by changing the contents on this page. Use and access of this website is subject to users agreement of the website terms and conditions. 

When you register on our Website, Mobile Application, App ("Platform), you will provide us with basic personal information -  name, email address,  mobile number, credit or debit card information and address.  It is the  responsibility of the customer to provide correct, accurate and active contact details. If Customer provided details are incorrect, ORDER EATS PTY LTD (ORDER LOCAL) is not liable or responsible for the loss, delays or rejection of orders. You are responsible for keeping your credentials, username and password secure and are responsible for all use and activity carried out under your User profile.

By accessing any part of the Platform, you indicate that you accept these  Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through our Platform.

We may revise the Terms and Conditions at any time. It is the responsibility of the customer using our Website, App and Services to check the Website Terms and Conditions page every-time your visit our platform to review the current Website Terms. You will be subject to the terms and conditions in force at the time that you place an Order through us.

All prices for items listed on the website are in AUD. 

We will handle all personal information we collect in accordance with our Privacy Policy.

PROCESSING ORDERS

It is important that you check all items added to cart and other information that you enter and correct any errors before finalizing your order. Orders once submitted cannot be corrected. Once you submit your Order and your payment has been authorized, you will not be entitled to change or cancel your Order online. If you wish to change or cancel your Order, you may contact the Restaurant directly to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests. Orders once accepted, represents an agreement between you and the Restaurant. The Restaurant is responsible for the Order and Status update.

Once you confirm your order, we will electronically notify the Restaurant and will notify you by email that your Order has been received and is being processed and does not mean that your order has been accepted by the Restaurant. When a Restaurant confirms the order, we will send you with an SMS and/or email confirmation (provided all information provided by your is correct). Estimated times for orders ready for Pickup/Delivery/Dine-in are decided by the Restaurants and are estimates. Neither we nor the Restaurants guarantee that Orders will be ready within the estimated times. Restaurants reserve the right to reject Orders at any time.

ORDER EATS PTY LTD (ORDER LOCAL) reserves the right to trace your IP address, phone number and if necessary, contact your ISP in the event of a suspected breach of these Website Terms. We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately. 
 

DISPUTES

All disputes regarding your Order must be made directly with the Restaurant. Food preparations are the sole responsibility of the Restaurant accepting the Orders.  We accept no liability associated with food preparation or delivery by the Restaurant accepting the order. Please note, we have no control over food and service quality of the products prepared by the restaurants or service they provide, and have no responsibility or liability for providing, any compensation to you on behalf of the Restaurant. If you have any questions regarding the menu/order you should contact the Restaurant directly.

If 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 amount of your Order. If you wish to change or cancel your Order after it has been submitted and payment has been completed, you may contact the Restaurant in order to communicate your requests. However, there is no guarantee that Restaurant will agree to your requests. If your Order is subsequently rejected/declined by the Restaurant your bank or credit or debit card issuer will refund the relevant amount, within 5 to 7 working days. 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. 

INTELLECTUAL PROPERTY RIGHTS

You are permitted to use the Website for your non-commercial use only.

Under the Australian Intellectual Property rights, ORDER EATS PTY LTD (ORDER LOCAL) owns all of the sites information and contents such as, menu, text, logo, pictures, code, and all associated files and contents for our Website, Mobile Applications, Apps and Services except customer’s submissions. Use is subject to Australian intellectual property rights and copyrights. Customers and Restaurant owners agree to not to reuse or copy any site content. You must not misuse the Website/App (including by hacking or "scraping").

We do not undertake any obligation to ensure our Website/Apps is available on-demand. We will not be liable to you or the restaurant if the Website/App as a service or platform is unavailable at any time or for any period or time. We cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. We will not be liable or responsible for any failure to perform or delay.

DISCLAIMERS

ORDER EATS PTY LTD (ORDER LOCAL) may make changes to the material on the Website, Apps and other Platforms, Service, Products and Prices at any time without notice.

Offers, Vouchers, Coupons, Deals, Specials listed on the Websites/Apps are subject to change without any prior notice.

Restaurants are responsible for providing our platform with their up-to-date Menu Information and ensuring accuracy of the menu we publish. We do not undertake any such responsibility. You should confirm with the Restaurant directly before ordering advice any allergy information. Pictures shown in the menu are for illustrative purpose only.

We do not give any undertaking that the Products ordered from any Restaurant through the Website, App or Platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

When using the Website, App or ordering Products via our Platform, you accept that communication with us will be mainly electronic. We will contact you by Email/SMS/Messenger/Phone-call or provide you with information by posting notices on the Website. You agree to this electronic means of communication and you acknowledge that all contracts.

Special offers are subject to change without any prior notice, Restaurants and/or ORDER EATS PTY LTD (ORDER LOCAL) reserve the right to change/add/remove any offers, specials, discounts, vouchers, coupons, and loyalty discounts.

THIRD PARTY
 
We do not control any contents of links to any third party websites, application or software on Platform. No external third party link has been reviewed and we are not responsible for these websites or their content or availability. If you decide to access any of the third party websites linked to our Website, Mobile Application, Apps or Services you do so entirely at your own risk. We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. We have the right to withdraw any linking permission at any time and for any reason.

LIABILITY AND INDEMNITY

You agree to indemnify and hold of ORDER EATS PTY LTD (ORDER LOCAL), and applicable affiliates, officers, directors, agents, contractors, employees, and agencies, harmless from and against any and all claims, demands, proceedings, losses, damages, debt and expenses (include but not limited legal fee) raising from; your breach of any in this terms and conditions, any violation of the third party rights, copyrights and privacy policy.

You also agree to indemnify and hold of ORDER EATS PTY LTD (ORDER LOCAL), and applicable affiliates, officers, directors, agents, contractors, employees, and agencies, harmless from and against any and all claims, demands, proceedings, losses, damages, debt and expenses (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by anyone.

Under no circumstances ORDER EATS PTY LTD (ORDER LOCAL) is liable for any damages, injuries, losses, illness and death by using website, apps or services or by the use of the content and information. ORDER EATS PTY LTD (ORDER LOCAL) is disclaiming any liability from errors, third party misuses and advertisers. ORDER EATS PTY LTD (ORDER LOCAL) is not liable and responsible for the quality of products and services offered by the restaurants and/or third party. Our total liability to you in respect of all other losses arising by using our Website or Service shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.

You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

The Website Terms constitute the agreement between you and us and supersede all previous discussions, arrangements or agreement between us relating to the subject matter of any contract.

RESTAURANT & BUSINESS OWNERS SIGN UP, REGISTRATION AND USAGE

Business Owners ("Restaurant owners", "Partners" or "Restaurant"), have full access to their business information, menu, opening hours, customer orders and information. ORDER EATS PTY LTD (ORDER LOCAL) will take necessary action, if Restaurant misuses the Platform or data. It is the responsibility of Restaurant owners to provide accurate business information and menu, and other updates from time to time. Restaurant owners can only view orders for their restaurant. Order Local Platform will take basic steps to inform Restaurant about incoming orders. ORDER EATS PTY LTD (ORDER LOCAL) reserves the rights to disable any business from using the platform at any time.

It is the responsibility of the Restaurant to refund customers if the restaurant is at fault for miscommunication or providing inaccurate information. If Order Eats processes a Refund as a result of Restaurant error, a fine of $2.50 in excess of total order amount will be charged to the Restaurant. 

Business Owners ("Restaurant owners", "Partners", "Restaurant", or "their"), grants permission to ORDER EATS PTY LTD (ORDER LOCAL) to have their content displayed, modified and/or changed on our Platform. ORDER EATS PTY LTD (ORDER LOCAL) takes no responsibility for any loss or damage direct or otherwise arising out of this agreement. Restaurant is responsible against any third party lawsuit or proceeding brought against ORDER EATS PTY LTD (ORDER LOCAL) or its officers, as a consequence of any problems with the accuracy and/or validity of the menu displayed to the customer online and/or the quality of food or service provided by The Restaurant.

The Restaurant agrees to sign up and is billed on the basis of number of incomming Orders, Bookings and Leads generated by ORDER EATS PTY LTD (ORDER LOCAL).

FIXED FEE PER QUANTITY INCOMMING ORDER/BOOKING/INQUIRY

Tax invoices are generated by ORDER EATS PTY LTD (ORDER LOCAL) and issued to the Business on the 1st week (between 1st through 7th day) of every month.
The Restaurant agrees to pay ORDER EATS PTY LTD (ORDER LOCAL) within 5 working days or has consent ORDER EATS PTY LTD (ORDER LOCAL) to direct debit the net owing amount from the Restaurant Account. The Tax Invoice reflects a net amount owing by the Restaurant, The Restaurant agrees to pay ORDER EATS PTY LTD (ORDER LOCAL) via Direct Debit. ORDER EATS PTY LTD (ORDER LOCAL) is authorized to direct debit the Restaurant business account as per Tax Invoice issued within 5 working days or has consent ORDER EATS PTY LTD (ORDER LOCAL) to direct debit the net owing amount. 

ORDER EATS PTY LTD (ORDER LOCAL) reserves the right to refuse to display the Venue details without prior consent or notification. The restaurant accepts sole responsibility for the truth, authenticity and validity of all information provided and displayed. 

The restaurant agrees to treat all customers’ personal information with the privacy policy outlined in this Website and not to disclose any information to any third party without the customer's consent.