1.1      Order247 Website Terms and Conditions (“WEBSITE TERMS”)

1.1.1       Important Legal Notice

This page tells you the terms and conditions on which we provide our services (“Website Terms”). Please read these Website Terms carefully before ordering any products from our Website. You should understand that by ordering products via the Website, you agree to be bound by these Website Terms.

 

Please click on the button marked “I Accept” at the end of these Website Terms if you accept them. Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website.

1.2      Introduction and our Role

1.      ORDER247 is a business registered in Queensland, Australia with registered business number BN22282282, whose registered office is at Unit 1, 76 Doggett Street, Newstead Q 4006.

2.      ORDER247 is owned by Advantech Software Pty Ltd, ACN 101 394 101, ABN 55 101 394 101.

3.      ORDER247 provides a way for you to communicate your orders to restaurants, takeaways, cafes and any other food related business (“VENDOR”) displayed on this Website.

4.      ORDER247 does not take any responsibility for the preparation or delivery of food. Each Vendor is responsible in the same way as when you previously placed your order by phone. ORDER247 is acting purely as an agent of the Vendor.

5.      If your order is taking longer than expected or you have any other problems with your order you can contact our customer care by using the “Contact Us” link and filling in the required fields or by contacting our customer care team by telephone on the number shown on this Website. One of our customer care advisers will contact the Vendor in order to chase up your order.

6.      Customer care is extremely important to ORDER247, therefore, in the event that you are dissatisfied with the quality of food ordered through this website, ORDER247 will assist you, where possible, in seeking a refund from the Vendor to a maximum amount equivalent to the value of the original order. An important part of our quality control process is that consumers can write testimonials about the Vendor. Please note that any complaint must be lodged with our customer care team using the method described above within 48 hours of placing the order.

7.      You may access some areas of this Website without making an order with ORDER247, and registering your details with us. Most areas of this Website are open to everyone.

8.      By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately.

9.      ORDER247 may revise these Website Terms at any time. You should check this Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you order products from us.

10.    You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

1.3      How to make an Order & how it is processed

1.      Once you have selected your order from the menu of your chosen Vendor, you will be given the opportunity to submit your order by clicking on the “proceed” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “proceed” button since once you click on this input errors cannot be corrected.

2.      If at any time prior to you clicking on the “proceed” button, you decide that you do not wish to proceed with your order, you should close the application window.

3.      On receipt of your order, ORDER247 will begin processing your order and we will send you notification by Email and/or SMS that your order has been received and that your order is being processed.

4.      Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services.

5.      Please note that once you have made your order and your payment has been authorized and confirmed by the Vendor, you will NOT be able to cancel your order nor will you be entitled to a refund.

6.      Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to ten (10) days to be deducted from your bank account.

1.4      Price & Payment

1.     Prices will be as quoted on this Website. These prices include GST but may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of collection), where applicable.

2.     This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on the Website, ORDER247 will normally contact you before the order in question is dispatched. ORDER247 is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

3.     In the event that you have a complaint about the quality of food or service provided by the Vendors on this Website then any compensation should be sought directly from the Vendor. ORDER247 is not able to provide refunds on behalf of the Vendor and is not liable for any such refunds sought. All complaints must be lodged initially with the Vendor and, where appropriate, the restaurant’s own complaint procedures followed before ORDER247 is able to respond to a complaint.

4.     Payment for all orders may be by credit or debit card as stated on this Website, credit system with ORDER247 or in cash at the pickup or delivery to you.

5.     A discount may apply to your order if you use a promotional code recognised by this Website and endorsed by ORDER247.

6.     Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to ten (10) days to be deducted from your bank account or credit card.

1.5      Licence

You are permitted to print and download extracts from this Website for your own personal use on the following basis:

 

1.      Unless otherwise stated, the copyright and other intellectual property rights in this Website and in material published on it (including without limitation photographs and graphical images) are owned ORDER247 or ORDER247’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved.

2.      You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 2.1.5.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

3.      You must ensure that ORDER247’s status as the authors of the material on this Website must always be acknowledged.

4.      You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from ORDER247 to do so.

5.      No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

6.      Any rights not expressly granted in these Website Terms are reserved.

1.6      Service Access

1.      While ORDER247 tries to ensure this Website is normally available twenty four (24) hours a day, ORDER247 will not be liable if this Website is unavailable at any time or for any period.

2.      Access to this Website may be suspended temporarily and without notice.

3.      Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

1.7      Visitor Material & Conduct

1.     Other than personally identifiable information, which is covered under the ORDER247 Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. ORDER247 will have no obligations with respect to such material. ORDER247 and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

2.     You are prohibited from posting, uploading or transmitting to or from this Website any material that:

a)     breaches any applicable local, national or international law;

b)    is unlawful or fraudulent;

c)     amounts to unauthorised advertising; or

d)    contains viruses or any other harmful programs.

e)     You may not misuse the Website (including by hacking).

f)     Any comments or feedback that you submit through the Website must not:

                      i.        contain any defamatory, obscene or offensive material;

                     ii.        promote violence or discrimination;

                    iii.         infringe the intellectual property rights of another person;

                    iv.        breach any legal duty owed to a third party (such as a duty of confidence);

                     v.        promote illegal activity or invade another’s privacy;

                    vi.        give the impression that they originate from us; or

                   vii.        be used to impersonate another person or to misrepresent your affiliation with another person.

3.     You will pay ORDER247 for all costs and damages which it incurs as a result of you breaching any of these restrictions.

1.8      Links to & from Other Websites

1.     Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. ORDER247 has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). ORDER247 does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

2.     You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage ORDER247’s reputation or take advantage of it.

3.     You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by ORDER247 where none exists.

4.     The website from which you link must comply with the content standards set out in these Website Terms.

5.     ORDER247 has the right to withdraw the linking permission at any time.

1.9      Disclaimer

1.      While ORDER247 tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. ORDER247 may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and ORDER247 makes no commitment to update that material. In particular, we do not promise that the information provided by the Vendor’s and displayed on this Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.

2.     ORDER247 provide you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).

3.     You are responsible for the security of your password that you used to register with this Website. Unless ORDER247 negligently discloses your password to a third party, ORDER247 will not be liable for any unauthorised transaction entered into using your name and password.

4.     PLEASE NOTE: Whilst ORDER247 goes to great effort to provide accurate information, item names, descriptions, prices, heat & allergenic warnings on this website, the menus are ultimately provided by the restaurants. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with the restaurant directly prior to ordering

1.10    Termination

1.     Notwithstanding any of these terms and conditions, ORDER247 reserves the right, without notice and in its sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website.

2.     In the event that the customer has credits and they are terminated from using ORDER247, a refund will be provided to the customer under the refund terms and conditions.

1.11    Liability

1.     ORDER247, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.

2.     ORDER247 takes full responsibility for the content of this Website and for the communication of orders to the Vendors as set out in these Website Terms. ORDER247’s customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Vendors that you place your order with. ORDER247 cannot give any undertaking that the food and beverages ordered from the Vendors through this Website will be of satisfactory quality and any such warranties are disclaimed by ORDER247. Neither can ORDER247 give an undertaking that the estimated delivery and collection times stated on this Website are accurate. These disclaimers do not affect your statutory rights against the Vendors.

3.     Nothing in these Website Terms excludes or limits our liability for death or personal injury arising FROM ORDER247"s negligence, nor ORDER247"s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

4.     With the exception of any liability, ORDER247’s total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or $100, whichever is the lower.

5.     If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.

1.12    Governing Law & Jurisdiction

This agreement shall be governed by and construed in accordance with the laws in force in all States of Australia.

1.13    Additional Terms

1.     We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website terms by this reference and is available here.

2.     If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.

3.     Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

4.     You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.

5.     The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

1.14    Your Status

By placing an order through our Website, you warrant that:

a)     You are legally capable of entering into binding contracts; and

b)    You are at least 18 years old.

1.15    Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

1.16    Events Outside Our Control

1.     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

2.     A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

a)     strikes, lock-outs or other industrial action;

b)    civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

c)     fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

d)    impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

e)     impossibility of the use of public or private telecommunications networks; and

f)     the acts, decrees, legislation, regulations or restrictions of any government.

3.     Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

1.17    Severability

If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

1.18    Order247 Credits Terms & Conditions

1.     Customers can purchase credits with ORDER247 to use for any Vendor throughout the ORDER247 site.

2.     A minimum credit purchase of $10 is available, to a maximum of $999.

3.     Credits will expire after a twelve (12) month term. The customer will be notified 1 calendar month prior to the credits expiring.

4.     Upon the expiry of credits, the funds are the property of ORDER247.

5.     Where credits have been purchased via ORDER247, if a refund is sought, a minimum amount of $3.00 will be refunded to the customer. If the customer credit is less than the minimum, this will be not be refunded to the customer.

1.19    Order247 Voucher Terms & Conditions

1.     Vouchers are not transferable or exchangeable for cash.

2.     Vouchers can be redeemed against online orders only that are paid by credit/debit card only.

3.     Please note that change is not given should your order value be less than the face value of the voucher.

4.     Limited to one voucher per transaction, you can use your vouchers to claim money off the basket total of your order at the checkout.

5.     In the event of 500 redemptions made per voucher code, the voucher will automatically expire regardless of the expiry date.

6.     ORDER247 reserve the right, at any time and in its sole discretion, to add additional terms and conditions in relation to the voucher code.

All standard terms & conditions apply