Terms Of Use

These terms and conditions are the contract between you and Food2go.com.au (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

Food2go.com.au is a trade name of Sylvaterre P/L, ACN 641323560 whose address is at PO Box 19 Pyramid Hill Victoria 3575.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your food on your behalf.

If you use our Service, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website and stop using the Food2go.com.au App.

1.Definitions

“Food2go.com.au App”

means the mobile phone / cell-phone software application which enables you to select, order and pay for Products using your phone.

 

It includes any “app” or other product, material or thing offered for licence by us on Our Website, including supporting material, in hard or soft copy, and whether or not bought by you. A reference to “Food2go.com.au” shall be a reference to all or part of the Food2go.com.au App.

“Service”

means the service we provide to you via the Food2go.com.au App.

“Content”

means the textual, visual or audio content that is encountered as part of your experience using the Food2go.com.au App or Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you and all of the content provided by Sellers to inform illustrate and promote sales of the Products.

“Copy or Publish”

with reference to the Food2go.com.au App, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software.

“Device”

includes any device, work station, electronic application or electronic receiving device.

“Licence”

means a licence granted by us to you in the terms of this agreement for use of the Food2go.com.au App.

“Our Website”

 

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function.

"Post"

means place on or into Our Website any Content or material of any sort by any means.

“Product”

means any product offered for sale on Our Website, through any medium.

“Seller”

means a person or organisation whose Products we offer for sale through the Food2go.com.au App.

“Software”

means the software which constitutes the Food2go.com.au App or which provides any electronic function which supports the use of it.

2.Our contract

  1. We do not offer Service in all locations. We may refuse service if you live in a location we do not serve.
  2. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Service given on Our Website.
  3. We are neither a buyer nor seller of Products offered for sale in any form. We are not either a principal or agent in a buying transaction.
  4. Food2go.com.au is a marketplace. We are agents of a Seller only to the extent of use of Our Website as a platform for sale oftheirProducts and for collection and forwarding of your money. We are not responsible to you further than to take your money and pass it to the Seller.
  5. We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of our members.
  6. We are not responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.
  7. In any dispute with a Seller, you should deal only with the Seller. We have neither legal obligation nor detailed information about the Product.
  8. We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on Our Website at the time you buy a Product.

3.Your account and personal information

  1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
  2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
  3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4.The buying procedure

  1. Food2go.com.au is not responsible for the fulfilment of your contract to buy a Product.
  2. Prices listed on Our Website by Sellers are inclusive of any applicable GST.
  3. Unless it is clear to the contrary, you may assume that every sale is made by a Seller in the course of their business.
  4. If, by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price, provided that we notify you before we dispatch it to you.
  5. Subject to discounts and promotions, Products are offered for sale at a fixed price. GST may be due and will be included in the price.
  6. All Products that are delivered will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by the Seller for each Product offered for sale. It may be changed at the discretion of the Seller.
  7. Neither we nor the Seller can be responsible for action by any governmental authority.
  8. For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
  9. To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For details about disclosure of personal information please see our privacy notice.

5.Acceptance

  1. Your order is an offer to buy from the Seller.
  2. Nothing said or done by the Seller is an acceptance of an order until the Seller actually dispatches the Product.
  3. At any time before a Product is despatched, the Seller may decline to supply the Product to you without giving any reason.

6.How we handle your Content

  1. Our privacy policy is strong and precise. It complies fully with current privacy law which is at [link to privacy policy].
  2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
  3. Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
  4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
  5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
  6. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
  7. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
  9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
  10. Notify us of any security breach or unauthorised use of your account.
  11. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it for any purpose.

7.Products returned

These provisions apply in the event that you return any Product to the Seller for any reason except:

  1. You should examine the items on receipt to satisfy yourself that they comply with your order, are of good quality and in safe and clean packaging.
  2. The Product must be returned to the Seller as soon as any defect is discovered but not later than 24hours.
  3. Product should be returned in accordance with the procedure set out by the Sellers or otherwise intheirterms and conditions.
  4. So far as possible, a food item should be returned:
    1. with both Product and all packaging as far as possible in their original condition;
    2. securely wrapped;
    3. including the Seller’s delivery slip;
    4. at your risk and cost.
  5. In returning a food item, please enclose with it a note clearly stating the fault and when it arose.
  6. If the Seller agrees that the item is defective, he will replace the item or refund the full cost you have paid.

8.Security of your Details

We take care to make Our Website safe for you to use.

  1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

9.Restrictions on what you may Post to Our Website

We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. This paragraph applies so far as we allow you to Post Content.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

  1. be unlawful, or tend to incite another person to commit a crime;
  2. consist in commercial audio, video or music files;
  3. be obscene, offensive, threatening, violent, malicious or defamatory;
  4. be sexually explicit or pornographic;
  5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  6. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
  7. request or collect passwords or other personal information from another user withouttheirpermission, nor Post any unnecessary personal information about yourself;
  8. be used to sell any goods or services or for any other commercial use not intended by us, for you or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party fortheircommercial use;
  9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
  10. facilitate the provision of unauthorised copies of another person's copyright work;
  11. link to any of the material specified in this paragraph;
  12. use distribution lists that include people who have not given specific permission to be included in such distribution process;
  13. send age-inappropriate communications or Content to anyone under the age of 18.

10.Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

  1. hyperlinks, other than those specifically authorised by us;
  2. keywords or words repeated, which are irrelevant to the Content Posted.
  3. the name, logo or trademark of any organisation other than yours.
  4. inaccurate, false, or misleading information.

11.Removal of offensive Content

  1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
  2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
  3. If you are offended by any Content, the following procedure applies:
    1. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
    2. we shall remove the offending Content as soon as we are reasonably able;
    3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
    4. we may re-instate the Content about which you have complained or we may not.
  4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
  5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

12.Grant of Licence to use the Food2go.com.au App

  1. Subject to the terms of this agreement, we grant a Licence to you for eighty years to use the Food2go.com.au App throughout Australia. We do not offer the Licence in all countries. We may refuse or revoke a Licence if you live in a country we do not serve.
  2. The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.
  3. No express or implied licence of the Food2go.com.au App or any other material is granted to you other than the express Licence granted in this agreement.

13.Restrictions on use of Food2go.com.au App

You agree that you will not:

  1. use the Food2go.com.au App for any purpose beyond the scope of Licence as is provided in this agreement. These restrictions may relate to limitations on use, territory, duration, or any other choice which defines the Food2go.com.au App.
  2. reverse engineer, decompile, or disassemble the Software.
  3. sub-license, copy or share the Software or the Food2go.com.au App.
  4. Copy or Publish the Food2go.com.au App except as specifically allowed in this agreement.
  5. represent or give the impression that you are the owner or originator of Food2go.com.au App.
  6. remove any identification or reference number or other information which may be embedded on Food2go.com.au App.
  7. allow any other person to use the Food2go.com.au App except in the situation or context for which you have bought it.

14.Copying the Food2go.com.au App

  1. You may install and use one copy of the Software on a single Device.
  2. The primary user of the Device on which the Software is installed may make a second copy for his or her exclusive use on a portable Device.
  3. You must not install the Software on more than two Devices and you must not use the Software on more than one Device at a time. The Software must not be used simultaneously on your home Device and on your office Device.
  4. You may copy the Food2go.com.au App once for the purpose of system backup.

15.Interruption to our Service

  1. We give no warranty that our Service will be satisfactory to you.
  2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reason. We may do so without telling you first.
  3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
  4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

16.Disclaimers and limitation of liability

  1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
  2. All implied conditions, warranties and terms are excluded from this agreement.
  3. We provide a market place for the supply of Products. We are in no way responsible for:
    1. your locating and ordering a Product;
    2. your choice of a Product;
    3. any aspect of the provision of the Products;
    4. refund payment for any Product;
    5. any complaint about any Product.
  4. Our Website includes Content Posted by Sellers and other third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.
  5. You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
  6.  Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
  7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
  8. We shall not be liable to you for any loss or expense which is:
    1. indirect or consequential loss; or
    2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
  9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid the Seller for a Product.
  10. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

17.Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

  1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
  2. your breach of this agreement;
  3. your failure to comply with any law;
  4. a contractual claim arising from your use of the Services.

18.Miscellaneous matters

  1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
  3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  4. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

  • if delivered by hand: on the day of delivery;
  • if sent by post to the correct address: within 72 hours of posting;

5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

6. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

7. Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.

8. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

9. The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and the parties agree that any dispute arising from it shall be litigated only in that State.

 
 
 

 

Terms and Conditions for Sellers of Food through the food2go.com.au System

These terms and conditions are the contract between you and food2go.com.au  ("us", "we", etc). By visiting or using Our Website, you agree to be bound by them.

We are food2go.com.au, ACN 641323560, incorporated in Australia. Our registered office is at 1126 Sylvaterre-Timms Lake Road Sylvaterre, Victoria 3575

1.Definitions

   

"Content"

means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you both directly to offer your Products for sale and indirectly, for any other purpose.

"Device"

includes any computer, device, work station, electronic application or electronic receiving device.

 

 

"Our Website"

means any website or Service designed for electronic access by mobile or fixed Device which is owned or operated by us. It includes all of the hardware and software installations that enable our website to function.

"Post"

means place on or into Our Website any Content or material of any sort by any means.

"Product"

means any item offered for sale by you on Our Website, whether physical goods or downloads, together with all supporting text, and information in any medium.

"Service"

means all of the services available from Our Website, whether free or charged. For the sake of good order "Service" does not include any service offered for sale on Our Website by any person other than us.

“Our App"

means our food orders app which enables a user of a Device to manage received orders using that Device via the Internet.

2.Interpretation

In this agreement unless the context otherwise requires:

  1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
  2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
  3. a reference to a person includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
  4. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
  5. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
  6. except where stated otherwise any obligation of any person arising from this agreement may be performed by any other person;
  7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $100 per hour.
  8. all money sums mentioned in this agreement are calculated net of GST, which will be charged when payment is due.

3.Our contract

  1. The relationship between us is solely that:
    1. we provide for you an Internet market place as an arm's length contractor.
    2. we act as your agent solely in the collection of money paid by your buyer.
    3. we are not partners or joint venturers.
  2. If you place a Product for sale on Our Website, you do so subject to these terms.
  3. When you place a Product on Our Website, you will be bound to provide on Our Website all the information required by the Competition and Consumer Act 2010.
  4. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
  5. In contracting with users of Our App, we make certain assumptions as to your compliance with the law and to the procedures set out on Our Website and named the "Service Level Commitment". You agree to comply so far as your business model permits, with those procedures.
  6. Insofar as we provide points of guidance on Our Website, relating to product delivery, returns, payments and other practical matters, such guidance is not to be interpreted as appropriate to your particular Products or circumstances. They do not differentiate between the compliance requirements of different merchants nor do they cover exclusions which may apply to you or to some of your Products. Accordingly, you must not assume that you have complied with the law by adopting our standards. Accordingly, your compliance must be provided by:
    1. your business procedures;
    2. all of the pre-purchase information you give to prospective buyers;
    3. the content on your website.

For the sake of good order, we remind you that the law provides that all information of whatever nature, provided to a buyer, is deemed to be relevant and true.

  1. Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or Our Website visitor has a valid complaint against you.
  2. Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.

4.Your licence to us

  1. You now warrant that:
    1. you have the authority to enter into this agreement and bind the person or organisation named by you as the seller and licensor;
    2. you own the copyright in all Content you may Post to Our Website or that you have the permission of the owner to use it and to grant this licence to us.
    3. you know of no lawful reason why any person should object to or claim for infringement of, any intellectual property right relating to any Content you may Post.
  2. In Posting data through our Service you grant to us an irrevocable, sub-licensable, licence to display your Product in images and text in the public domain. In doing so you understand and accept that we shall grant a sub-licence to any person in any terms we may from time to time decide, to download your Product images or any other Content, to his mobile phone.
  3. We will use that licence only for commercial purposes in reference to food2go.com.au and will stop using it after a commercially reasonable period of time.
  4. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your Content as provided in the Copyright Act 1968.
  5. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
  6. Posting Content does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  7. You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
  8. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
  9. Notify us of any security breach or unauthorised use of your account.
  10. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph four above.

5.Your Product placement

You agree:

  1. not knowingly to place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
  2. to make suitable arrangements for the delivery of each Product, including packaging and carriage, so that you can comply with the delivery terms you have given to us.
  3. immediately to remove from sale on Our Website any Product which for any reason, you are unable to supply.
  4. not to re-place any Product we remove from offer for sale.

6.Your account and personal information

  1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
  2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
  3. You agree to notify us of any changes in your information immediately.
  4. We may terminate your account immediately and without notice to you if you fail to notify us of any such changes.

7.The selling procedure

  1. You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer's payment has been accepted by our payment service provider.
  2. Deliveries of physical Products will be made from your premises, or by a carrier instructed by you subject to the contract between you and your customer. In your contract with customer you should clearly specify the mode of delivery and expense involved.
  3. In the absence of information to the contrary, you agree to despatch a Product within thirty minutes of notification of order by us, by a method likely to reach the buyer within a further thirty minutes.
  4. If at any time, any customer notifies you of non-delivery within the time scale offered by you on Our Website, you will investigate immediately and advise the customer of what you are doing to rectify the issue and when you expect to be able to deliver the Product.
  5. If it is apparent that a customer has not received a Product within 2-hours of the expected delivery time, you will refund money paid, including any delivery charge. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.
  6. Products may be offered for sale subject to any discount or promotion arranged between you and us.
  7. Subject to discounts and promotions, Products are offered for sale at a fixed price, inclusive of GST.
  8. All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by you for each item offered for sale. It may be changed at your discretion. Once you have sold an item, the delivery charge offered by you at the time of purchase cannot be increased.
  9. You agree to provide an adequate stock of any Product placed by you for sale through Our Website and to tell us, through your control panel, if at any time your supply is exhausted. If that happens, you must also remove the Product from sale or mark it as unavailable.
  10. You agree to comply with the requirements implied in the returns policy set out on Our Website.

8.Products returned

You agree that you will at all times:

  1. reply promptly and in any event within 24 hours to any customer message or other correspondence;
  2. comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions.
  3. when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the returns and refunds policy set out on Our Website;
  4. immediately tell your customer in the event that Products bought are not available.
  5. comply with our procedures relating to satisfaction of an order, Products returned and payment, as set out on Our Website from time to time.
  6. provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.

9.Payment gateway fees and payment to you

  1. We sell your Product at the price you place on it, subject to these terms and subject also to the requirements we set out on Our Website from time to time.
  2. Payment gateway Fees are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer. Payment Gateway fees are added to the buyers purchase price at checkout.
  3. Our Website selling system is an automated system which can be followed by you through a "control panel".
  4. All online payments are paid directly into your stripe account in full.
  5. If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you.
  6. If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

10.Goods and services tax

  1. food2go.com.au has the right to demand additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.

11.Your Product warranties

You warrant that:

  1. any Product you place on Our Website for sale:
    1. does not infringe the intellectual property rights of any person;
    2. does not offend against the law of any country whose citizens might purchase it;
    3. is not intended primarily to advertise any business, except your business, so far only as it is carried on through food2go.com.au.
  2. you own the intellectual property rights in any Product you place on Our Website for sale, or that you have the permission of the copyright owner:
    1. to place the Product on Our Website for sale;
    2. to receive the net proceeds of such sales as arise;
    3. to defend the copyright in the Product.

12.Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

  1. any act, neglect or default of yours in connection with this agreement or with any Product of yours or with your use of our Services;
  2. your breach of this agreement;
  3. your failure to comply with any law;
  4. any act, neglect or default by any agent, employee, licensee or customer of yours;
  5. a contractual claim arising from your use of the Services;

This indemnity shall include all costs reasonably incurred by us without the need to prove they were necessary.

13.Restrictions on what you may Post to Our Website

We invite you to contribute Content to Our Website in several ways, as for example to upload information and sales material to promote your products/services. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check Content Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content, upload Content or undertake any activity which is or may:

  1. be unlawful, or tend to incite another person to commit a crime;
  2. be obscene, offensive, threatening, violent, malicious or defamatory;
  3. be sexually explicit or pornographic;
  4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  5. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.

14.Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

  1. hyperlinks, other than those specifically authorized by us;
  2. keywords or words repeated, which are irrelevant to the Content Posted.
  3. the name, logo or trademark of any organisation other than yours.
  4. inaccurate, false, or misleading information;
  5. material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

15.Removal of offensive Content

  1. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
  2. If you are offended by any Content, the following procedure applies:
    1. Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
    2. we shall remove the offending Content as soon as we are reasonably able;
    3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
    4. we are free to either re-instate your content, or not, as we decide.

16.Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

  1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
  3. download any part of Our Website, without our express written consent;
  4. collect or use any product listings, descriptions, or prices;
  5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
  6.  aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
  7. hide or remove the banner advertisements on any page of Our Website;
  8. share with a third party any login credentials to Our Website;
  9. Despite the above terms, we now grant a licence to you to:
    1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
    2. you may copy the text of any page for your personal use in connection with our business.

17.Storage of data

  1. We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.

18.Copyright and other intellectual property rights

  1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
  2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
  3. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

19.Disclaimers and limitation of liability

  1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
  2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
  3. We make no representation or warranty that our Service will be:
    1. useful to you;
    2. of satisfactory quality;
    3. fit for a particular purpose;
    4. data-secure;
    5. available or accessible, without interruption, or without error.
  4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
  5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
  6. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
  7. You acknowledge that our Service may also be interrupted for reasons beyond our control.
  8. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
  9. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
  10. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
  11. Our total liability under this agreement, however it arises, shall not exceed the sum of $100. This applies whether your case is based on contract, tort or any other basis in law.
  12. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
  13. If you become aware of any breach of any term of this agreement by any person, please tell us by mail. We welcome your input but do not guarantee to agree with your judgement.
  14. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

20.Miscellaneous matters

  1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
  3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  4. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

  1. In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
  2. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
  3. The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.