USER TERMS & CONDITIONS (FOOD DELIVERY)

This page sets out the terms and conditions ("Website Terms") on which we, Shanaya eCom Pty Ltd (ACN 630 782 375) ("we", "us" or "Orderoo"), provide our services through our websites Orderoo.com.au and any Orderoo mobile application through which you access our website or services (together, "Website"). Please read these Website Terms carefully before ordering any products through the Website, as your use of the Website and purchase of any products offered on the Website is subject to these Website Terms. By ordering products via the Website (whether now or in the future) or continuing to use the Website, you agree to be bound by these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
Use of your personal information submitted via the Website is governed by our Privacy Policy.
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website Orderoo.com.au and any Orderoo mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website 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 the Website.
Company details: Shanaya eCom Pty Ltd (ACN 630 782 375) is a company registered in South Australia, Australia.
Service: We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway restaurants/other businesses displayed on the Website (the "Service"). We also provide services allowing independent couriers to deliver your Orders to your home ("Delivery Services").

1. Accounts:

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Intellectual Property:

The Service and its original content, features and functionality are and will remain the exclusive property of Orderoo and its licensors.

3. Links To Other Web Sites:

Our Service may contain links to third-party web sites or services that are not owned or controlled by Orderoo.
Orderoo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Orderoo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Its user's responsibility to read these terms & conditions before signin up on this site or APPs or by using any of the the services we offer.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

4. Termination:

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5. Disclaimer:

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

6. Governing Law:

These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

7. YOUR STATUS:

1. Capacity and age: By placing an Order through the Website, you warrant that:

2. You are legally capable of entering into binding contracts; and

3. You are at least 18 years old.

4. Alcohol and cigarettes: Furthermore, you acknowledge and agree that:

5. It is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18; and

6. Cigarettes are not for sale to persons under the age of 18; and

7. Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18. In the event that you place an order for alcohol or tobacco products, you will be required by the restaurant to show ID on delivery. We supports the Responsible Service of Alcohol.

8. Delivery of Goods:

Any item/items (goods) purchased from our website is/are to be delivered to a physical address in case of delivery order. We deliver multiple times in a day, customers can simply pickup a time slot for delivery during checkout process and we will deliver within that time slot in most of the cases. In certain cases especially during busy hours, there could be delay on vendor’s behalf or our behalf and delivery may be delayed.
Also items cannot be left unattended and it is customers responsibility to make sure that there is someone to receive delivery items and is over 18 in case of alcohol delivery. In case there is no one to receive delivery items, we cannot leave items unattended unless instructed to do so by customer.

9. DISCLAIMERS

1. Website information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice

2. Specials listed on the Website are subject to change. Restaurants may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Restaurant are non-transferrable and are not redeemable for cash.

3. Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering. Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the Restaurant.

4. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

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

   2. Estimated times for deliveries and collections are provided by the Restaurants & delivery drivers and are only estimates. Neither we nor the Restaurants & delivery drivers guarantee that Orders will be delivered or will be available for collection within the estimated times.

   3. Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order.

   4. The foregoing disclaimers do not affect your statutory rights against any Restaurant.

5. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).

10. LIABILITY:

1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Website Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Term.

2. Exclusion of liability: Subject to clause 9.1, and your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:

3. 1. any loss of profits, sales, business, or revenue;

   2. loss or corruption of data, information or software;

   3. loss of business opportunity;

   4. loss of anticipated savings;

   5. loss of goodwill; or

4. or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.

5. Limitation of liability: Subject to clauses 9, 10.1 and 10.2, and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.

6. Additional costs: 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.

7. Indemnity: You agree to indemnify and hold Shanaya eCom Pty. Ltd. and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

11. ORDERING PROCESS

1. Compiling your Order: Once you select the Products you wish to order from the menu of your chosen Restaurant and provide other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.

2. Minimum Order Amount: If a Restaurant has a minimum order amount in place, you may not place an order with that Restaurant until the value of your Order exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount

3. Amending or cancelling your Order: 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. However, there is no guarantee that that the Restaurant will agree to your requests as they may have already started to process your Order

4. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed by or communicated to the relevant Restaurant

5. Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it by sending it to the relevant Restaurant and will notify you by either email, APP notification, text message or all of them that your Order has been received and is being processed. Any confirmation page that you may see on the Website and any Order confirmation e-mail, APP notification, text message that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email, APP notification, text message ) as soon as reasonably practicable if a Restaurant rejects your Order. When a Restaurant confirms receipt of the order and expected collection or delivery time, we will notify you by e-mail, APP notification, text message (provided that you have given us your mobile telephone number)

6. Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants or delivery drivers and are only estimates. Neither we nor the Restaurants & delivery drivers guarantee that Orders will be delivered or will be available for collection within the estimated times. All food preparation and deliveries are the sole responsibility of the Restaurant accepting the Order. To the extent permitted by law, including the Australian Consumer, Orderoo accepts no liability associated with food preparation or delivery by the Restaurant accepting the order

12. PRICE AND PAYMENT

1. Taxes and delivery costs: Prices for individual menu items will be as quoted on the Website 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 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.

3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website 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. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognized by the Website and endorsed by Orderoo, and you pay for any balance by credit or debit card.

6. 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 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.

13. Order Reviews:

Orderoo review page is fully open for our customers and they can share their ordering experience through us. We reserve the right to exclude the reviews and rating if the reviews are abusive, offensive and discriminating to restaurant or customers. We reserve the rights to check the content and URL of the reviews to exclude if it’s offensive or abusive.

15. Events Outside our control:

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

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

• strikes, lock-outs or other industrial action;

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

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

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

• impossibility of the use of public or private telecommunications networks; and

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

• Our performance under these Website Terms is deemed to be suspended for the period that any 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 any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

16. Changes:

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

17. Communication:

We can contact you by email to update you about order status. We can also send you emails about our discount & Cashback offers from time to time. If you donot want to receive out marketing emails please let us know by replying to that email and we will take that email address from our marketing list.

18. Contact Us:

If you have any questions about these terms & conditions, please contact us by filling "Contact Us" form on our website/app or email us at help@orderoo.com.au
 

On-Demand Services User Terms & Conditions

Welcome to the On-Demand Services provided by Orderoo, accessible through our website, Orderoo.com.au, and our mobile application. These Terms and Conditions regulate your access to and utilization of our On-Demand Services platform, which connects users with a broad spectrum of professional service providers. By engaging with our On-Demand Services, you fully agree to these Terms and Conditions. Should you find any part of these terms unacceptable, we ask that you refrain from using our services.

1. Acceptance of Terms

Your access or use of the On-Demand Services signifies your acceptance of these Terms and Conditions and your agreement to abide by them, along with any additional terms, conditions, and policies referenced herein.

2. Changes to Terms

We reserve the right to amend these Terms and Conditions at any given time without prior notification. Your continued use of the On-Demand Services following any changes indicates your acceptance of the new terms.

3. Privacy Policy

Our handling of your personal information in connection with the On-Demand Services is guided by our Privacy Policy.

4. Access and Use

• Service Description: Orderoo serves as a platform for users to request and receive a variety of professional services.
• Eligibility: You must be at least 18 years old to utilize the On-Demand Services.
• User Account: Registration of an account may be necessary to access specific features of the On-Demand Services. You are responsible for keeping your account information confidential.

5. Services Booking

• Booking Confirmation: Your booking is deemed confirmed once accepted by the provider, and you receive a confirmation notification from us.
• Service Provider Selection: While Orderoo facilitates the connection with Service Providers, we do not guarantee their suitability or availability, and it is up to you to evaluate the Service Providers.

6. Payments and Charges

• Fees: Services are priced as quoted on the platform. Users agree to pay all charges for their bookings. This includes any additional charges agreed upon during the job progress. A small connection fee for our services may also be applied.
• Payment Processing: The connection fee will be processed securely through our app during booking. Payment for the job itself will be made directly to the provider upon job completion and to your satisfaction, through one of the payment methods listed on the provider's profile.

7. Cancellations and Refunds

Cancellation, refund, and no-show policies will be explicitly outlined on the platform. It is crucial that users adhere to these policies when making bookings.

8. User Conduct

Users commit not to employ the On-Demand Services for any illegal purposes or in a manner that disrupts, damages, or impairs the service.

9. Intellectual Property

All intellectual property rights in the On-Demand Services and any content are owned by Orderoo and its licensors.

10. Limitation of Liability

Orderoo's liability for any damages or loss arising from your use of the On-Demand Services is strictly limited to the amount you paid for the service.

Provider Credentials Verification

As part of engaging with any service provider through Orderoo's On-Demand Services, it is your responsibility to review and verify the service provider's credentials. This includes examining the credentials status displayed on the Orderoo app at the time of selection and conducting a follow-up verification of their latest status after hiring the service provider. Orderoo conducts an initial verification of provider credentials during the signup process, and these credentials are displayed under "credentials" in the provider's profile on the user app. However, maintaining the currency and accuracy of this information post-hiring falls within your purview.

By choosing to use Orderoo's On-Demand Services, you acknowledge and agree to these terms, ensuring a safe, reliable, and satisfactory experience for all parties involved.