Fudato | Order food online Brighton

FUDATO WEBSITE TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

Introduction

These terms and conditions (“Website Terms, Terms”) govern your use of this website (“www.fudato.com.au”, “Fudato.com.au”) and mobile application; by using this website or mobile application at any time, you accept these terms and conditions in full on which, Fudato Pty Ltd (ACN 622 214 733) ("we", "us" or "Fudato"), provide our services. 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. If you disagree with these Website Terms or any part of these Website Terms, you must not use this website or mobile application.

TERMS AND CONDITIONS OF USE

COMPANIES ROLE
1. Company details: Fudato Pty Ltd (ABN 306 2221 4733) is a company registered in Victoria, Australia. Address: PO BOX 1152, Werribee Plaza, VIC 3029.
2. Services: Fudato provides a way for you to place your orders ("Orders") for products ("Products") to delivery, takeaway or dine-in restaurants ("Restaurants") displayed on the Website (the "Service").

WEBSITE USE AND TERMS
1. Access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible to make sure that any persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
4. Acceptance of terms: By accessing any part of the Website or mobile application at any time, you indicate that you accept these Website Terms. If you disagree with these Website Terms or any part of these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
5. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
6. you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Fudato for any illegal or unauthorised use of the Website; and
7. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
8. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Fudato;
9. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
10. you agree not to harass, impersonate, stalk, threaten another Guest User, Registered User or restaurant of the Website (where interaction with other Registered User is made available to you);
11. any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
12. you must not expressly or impliedly impersonate another Registered User or use the profile or password of another Registered Users at any time;
13. If you choose to register an account, your email will be your user name and you will select a password to enable you to access restricted areas of this website or other content or services. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
14. When you use the Website or register an account, you will need to provide us with personal information such as your name, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy

YOUR STATUS
1. By placing an Order through the Website, you warrant that:
  1. You are legally capable of entering into binding contracts; and you are at least 18 years old.
2. Alcohol and cigarettes: Furthermore, you acknowledge and agree that:
  1. 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;
  2. Cigarettes are not for sale to persons under the age of 18; and
  3. 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 for verification. For the avoidance of doubt, if your Order includes alcohol or tobacco, the Restaurant is providing you with these and Fudato is not selling alcohol or tobacco to you. Fudato supports the Responsible Service of Alcohol.

HOW TO SUBMIT AN ORDER AND HOW IT IS PROCESSED
1. Submitting your Order: Once the products you wish to order from your chosen Restaurant are selected and provide other required information, you will be able to select your chosen payment method and to submit your order by clicking “Place my order”, “checkout” or similar button. A successful payment has to be made for us to accept your order and send it to the restaurant. It is important that you check all the information that you enter are accurate and correct any errors before going through the payment process, once payment is made we will process your Order and mistakes cannot be corrected.
2. Minimum Order Amount: A restaurant can set a Minimum Order Amount for any delivery service. If a Restaurant has set 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 will be calculated before applying any discounts or specials that reduce the total Order amount.
3. Changing or cancelling your Order: Once you submit your order and your payment has been authorised, you will not be allowed to change or cancel your Order. You may contact the Restaurant directly or our Customer Care team if you wish to change or cancel your Order and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to complete your request as the Restaurant may have already started preparing your order or we may not be able to contact Restaurant.
4. Payment: Your Order will only be processed by or communicated to the relevant Restaurant after a successful payment authorisation for the full amount online on the website.
5. Order processing and Restaurant rejections: Once we receive your Order, we will begin processing it by sending it to the relevant Restaurant. We will notify you by email and/or sms that your order has been received and is being processed. Any email or order confirmation page merely indicate that your Order has been received by us and is being processed, it does not necessarily mean that the Restaurant has accepted your order. Accepting the order by the Restaurant is at their discretion, they may reject Order anytime because of weather condition, or being too busy or for any other reason. All restaurants are encouraged to accept all Orders and to promptly communicate any rejection, and we will notify you through email or sms as soon as we could, if a Restaurant reject your Order. Once an order is confirmed by Restaurant we will send you sms confirmation with the expected delivery or collection time if we have a valid mobile phone number on the order.
6. Order Completion: Expected times for deliveries and collections are estimates only and are provided by the Restaurant. Neither we nor the Restaurant guarantee that Order will be delivered or will be ready for collection within the estimated times. The Restaurant accepting order are solely responsible for all food preparation and deliveries. Fudato accepts no liability associated with food preparation to the extent permitted by law, including the Australian Consumer Law.
7. Table reservation: Fudato allows you to book a table at your chosen Restaurant and pre-order your meal. We advises you and your guests to arrive 10 minutes in advance of the scheduled booking time. The restaurant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Fudato shall in no manner be liable for such cancellation initiated by the Restaurant.

PRICE AND PAYMENT
1. Delivery costs and Taxes: Prices for individual items will in Australian dollars as quoted on the website and includes any applicable taxes. All these prices are excluding delivery costs for delivery orders and any online payment administration charge applied by the Restaurant. Delivery costs and any administration fees will be added to the total amount payable where applicable.
2. Incorrect pricing: Even though we and the Restaurants put all efforts to present the correct pricing for each and every item, some of the menus may contain incorrect prices. The product will be sold for the listed price on the website even if the correct price is higher than the listed price.
3. Payment methods: Payment for Order should be made through the website by an accepted credit or debit card.
4. Card payments: You may be required to show the card to Restaurant at the time of collection or delivery as proof of identification to double check with Order data. Please note there could be delays with payments and transactions sometimes and this could result in delays in sum being deducted from your bank account or charges to your debit or credit card.
5. Orders Rejection: If an order get rejected by Restaurant or get cancelled for any other reason for an Order that your payment in full has been authorised with a bank account, credit or debit card, your bank or credit card issuer will refund the relevant amount. However, this may take 3 to 5 business days or longer, depending on your bank or card issuer. Neither we nor the Restaurant will be responsible or liable to you for this delay by your bank or card issuer in the refund of the sum into your account.

CUSTOMER CARE
1. General: Customer care is extremely important to us. If you have any problem with the order our customer support team is always there to assist you, subject to our other Website Terms. You can email or call us on the telephone number shown under the “Contact Us” link on the Website.
2. Questions about your Order: If you have any questions or concerns on the order or on delivery time, in the first instance you should contact the Restaurant directly. Alternatively, you can contact our Customer Care Team as explained above one of our Customer Care Team member will try to contact the Restaurant to follow up on your query.
3. Changing or cancelling your Order: Once you submit your order and your payment has been authorised, you may contact our Customer Care Team as explained above to change or cancel your Order. Our Customer Care Team member will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to complete your request as the Restaurant may have already started preparing your order or we may not be able to contact Restaurant.
4. Feedbacks and Complaints: If you would like to express your opinion on quality of Products or the service provided by a Restaurant, we encourage you to consider providing rating, comments and reviews on the Website (together, “Reviews”). This will help us in our quality control process.
5. Compensation: If you are not satisfied with the quality of service or any Products provided by the Restaurant and wish to seek a compensation, you should lodge your complaint directly with the restaurant following the Restaurants own complaint procedure. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as explained within 48 hours from completion of your order. Our Customer Care Team member will attempt to contact the Restaurant in order to communicate your requests on your behalf. However, there is no guarantee that we will be able to complete your request as we have no control over the Restaurant and the quality of products or services that they provide. And we are not able to provide, and have no liability or responsibility for providing any compensation to you on behalf of any Restaurant.

SERVICE ACCESS
1. Website availability: We try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security

LICENCE, COPYRIGHT AND INTELLECTUAL PROPERTY
1. The Website, the Services and all of the related products of Fudato are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Fudato or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by Fudato, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
  1. use the Website pursuant to the Terms;
  2. copy and store the Website and the material contained in the Website in your device's cache memory; and
  3. print pages from the Website for your own personal and non-commercial use. Fudato does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Fudato.
  4. Fudato retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
  5. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  6. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  7. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
  8. to you.
3. You may not, without the prior written permission of Fudato and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
4. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Fudato a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
5. Any rights not expressly granted in these Website Terms are reserved.

PRIVACY

Fudato takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Fudato's Privacy Policy, which is available on the Website.

GENERAL DISCLAIMER
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. Fudato we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Fudato make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Fudato) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  4. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  5. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  6. costs incurred as a result of you using the Website, the Services or any of the products of Fudato; and
  7. the Services or operation in respect to links which are provided for your convenience.
3. You acknowledge that Fudato Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Fudato holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

LIMITATION OF LIABILITY
1. Fudato's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that Fudato, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. You acknowledge and agree that Fudato holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

TERMINATION OF CONTRACT
1. If you want to terminate the Terms, you may do so by providing Fudato with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to Fudato via the 'Contact Us' link on our homepage.
2. Fudato may at any time, terminate the Terms with you if:
3. you have breached any provision of the Terms or intend to breach any provision;
4. Fudato is required to do so by law;
5. Fudato is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
6. the provision of the Services to you by Fudato is, in the opinion of Fudato, no longer commercially viable.
7. Subject to local applicable laws, Fudato reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Fudato's name or reputation or violates the rights of those of another party.
8. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Fudato have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

INDEMNITY
1. You agree to indemnify Fudato, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
2. any breach of the Terms.
3. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
4. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

DISPUTE RESOLUTION
1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
  1. Within 29 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  4. The mediation will be held in Victoria, Australia.
4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

VENUE AND JURISDICTION

The Services offered by Fudato is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

GOVERNING LAW

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

INDEPENDENT LEGAL ADVICE

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

SEVERANCE

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

USER MATERIAL AND REVIEWS
1. General:
2. Review Policy: Any reviews that you submit through the website must not contain any obscene, defamatory or offensive material, in any ways promote violence or discrimination, promote illegal activity or invade others privacy, must not infringe the intellectual property right of someone else, must not be used to impersonate another person or misrepresent anything.
3. You represent and warrant that any Visitor Content you post, transmit or upload does not breach any applicable local, national or international law, is not unlawful or fraudulent, not part of unauthorised advertising, contain virus or any harmful programs.
4. By posting, uploading or transmitting any Visitor Content you agree and acknowledge that you own or otherwise control all of the rights to such Visitor Content. You also agree that we or anyone we designate can copy, disclose, distribute, incorporate any such Visitor Content including data, image, sound, text and other details embodied in it and also otherwise use it for any commercial or non-commercial purposes.
5. Any information other than personally identifiable information (which is covered under our Privacy Policy) that you transmit, post or upload to the website including Reviews (“Visitor Content'”) will be considered non-confidential and non-proprietary.
6. Visitor Content and Reviews,
  1. By submitting any content to the website, you represent and warrant that:
  2. you are the sole author and owner of the intellectual property rights thereto;
  3. all “moral rights” that you may have in such content have been voluntarily waived by you;
  4. all content that you post is accurate;
  5. You are at least 18 years old or have the specific permission of a parent or legal guardian;
  6. use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
  7. You further agree and warrant that you shall not submit any content:
  8. that is known by you to be false, inaccurate or misleading;
  9. that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  10. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  11. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  12. for which you were compensated or granted any consideration by any third party;
  13. that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  14. that contains any computer viruses, worms or other potentially damaging computer programs or files.
7. You agree to indemnify and hold Fudato (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Gigya, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
8. For any content that you submit, you grant Fudato a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
9. All content that you submit may be used at Fudato’s sole discretion. We reserves the right to change, condense or delete any content on the website that Fudato deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. We does not guarantee that you will have any recourse through the website to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Fudato reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Fudato, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Fudato, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

LINKS FROM OUR WEBSITE
1. This website contains links to websites owned and operated by third parties. If you use these links, you leave our Website. These links are provided for your information and convenience only and are not an endorsement by Fudato of the content of such linked websites or third parties. Fudato has no control over the contents of any linked website and is not responsible for these websites or their content or availability.
2. Fudato therefore makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability or quality of any of their products or services.
3. If you decide to access any third party websites and make use of the information contained on them, and/or enter into any contract for the supply of goods or services from such third party, and/or make any donations to such third party, you do so entirely at your own risk. Fudato accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

LINKS TO OUR WEBSITE
1. Linking permission: You may link to the Website's homepage (www.Fudato.com.au), provided that:
2. we have the right to withdraw linking permission at any time and for any reason.
3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
4. you do 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 us where none exists;
5. you do so in a fair and legal way which does not damage or take advantage of our reputation;

Last updated: 04/03/2018

Terms and conditions

FUDATO WEBSITE TERMS AND CONDITIONS