Terms of Service · FoodScoop · Order food online for delivery or pickup


1. Introduction:
1.1. The purpose of the FoodScoop website ('this site') is to provide a convenient and cost-efficient portal for our customers to order dishes and foods from restaurants and food stores which offer delivery or pickup.
1.2. Your access and use of the FoodScoop website is subject to your full consent and agreement of these Terms of Service and the Privacy Policy.
1.3. The FoodScoop website is owned by FoodScoop Pty Ltd. Your use and access of the FoodScoop website is conditional upon your agreement and continued compliance with the terms, conditions, disclaimers and notices contained on this page, elsewhere on the FoodScoop website, and through other means of official communication from FoodScoop Pty Ltd. If you do not agree with these Terms of Service, exit the FoodScoop website and email us on support@foodscoop.com.au to delete your account.
1.4. The Terms of Service apply to your use of the FoodScoop website. By accessing and using the FoodScoop website you agree to be bound by all the terms, conditions and disclaimers below. These Terms of Service are not intended to restrict you from your statutory consumer rights.
1.5. FoodScoop Pty Ltd reserves the right to change the terms and conditions of these Terms of Service at any time without notice to you and by accessing and using the FoodScoop website, you agree to be bound by such changes. Those changes shall be posted on the website.
1.6. "You" and "Your" means the person using the FoodScoop website to order goods and services and is a person who is subject to the Terms of Service. "FoodScoop Pty Ltd", "FoodScoop", "foodscoop", "We", "Us", "foodscoop.com.au", "www.foodscoop.com.au" or "Our" means: FoodScoop Pty Ltd as incorporated and registered in Australia. ABN 40 608 531 022. ACN 608 531 022.

2. Intellectual Property:
2.1. The information on the FoodScoop website can only be accessed, modified or reused for non-commercial use. "Re-use" includes any purpose which publicly re-uses the materials, without prior written consent of FoodScoop Pty Ltd.
2.2. All content, graphics, photographs, designs, logos, trademarks, text, interfaces, and artwork including (but not limited to) the structure, design, expression, selection, methodology, "look and feel" contained on the FoodScoop website is owned and controlled by FoodScoop Pty Ltd, and is protected by intellectual property rights and competition laws.
2.3. In pursuing any communication by you to FoodScoop Pty Ltd, including but not limited to, your emails, your ratings, suggestions, comments, questions or post any other information on the FoodScoop website, you grant FoodScoop Pty Ltd royalty-free, irrevocable, non-exclusive, and fully sub-licenseable right to use, reuse, adjust, distribute and display such content in any form, including for our commercial purposes. FoodScoop Pty Ltd assumes no liability and takes no responsibility for any material that is submitted by you.

3. Limited Liability & Indemnity
3.1. FoodScoop Pty Ltd will try to provide current information with respect to Merchant information, menu items, and pricing. However there is no guarantee that the information on the FoodScoop website is the most current and your use of the FoodScoop website is at your own risk. All information and materials contained on the FoodScoop website is updated when new or different information has been provided to us by the respective Merchants or otherwise on an "as available" basis. This information is deemed to be complete and updated at the date the information was placed on the FoodScoop website.
3.2. Neither FoodScoop nor any of its officers, directors, employees, agents or contractors, makes any representation or warranty as to the accuracy, reliability or completeness of the content on the FoodScoop website. None of these individuals will be responsible or liable in any way for errors or omissions relating to the information on the FoodScoop website. Neither FoodScoop nor any of its officers, directors, employees, agents or contractors, makes any representation or warranty as to the proposition that the Foodscoop website or server that makes it available is free of viruses or other harmful components.
3.3. FoodScoop Pty Ltd or its officers, directors, employees, agents or contractors will not, under any circumstances, bear liability for any direct or indirect damages (including without limitation, loss of profits or damages for loss of business), arising from the use of or inability to use the FoodScoop website.
3.4. You agree to indemnify and hold FoodScoop Pty Ltd and officers, applicable affiliates, directors, employees, contractors, and agents, harmless from any proceedings, demands, claims, losses and damages (actual, special or consequential) of every nature, including reasonable solicitors’ fees, made by any third party arising out of your breach of these Terms of Service or the terms and policies it incorporates, or your violation of any law or the rights of a third party.

4. Placing Orders
4.1. FoodScoop Pty Ltd will try its best to deal with the Merchants who provide food, however FoodScoop Pty Ltd does not accept any responsibility, legal or otherwise, for the quality or quantity of any goods delivered by or collected from such Merchants. The Customer bears the full responsibility to thoroughly check the supplied goods before agreeing to receive an order from the Merchant. FoodScoop Pty Ltd accepts no responsibility for the method in which the food is delivered by the Merchant or picked up by the customer.
4.2. All questions in relation to specific goods shown on the FoodScoop website should be directed to the respective Merchant. Any disputes between any Merchant and yourself shall be resolved between you and the named Merchant. Once your order is submitted, an order number will be displayed on the confirmation screen and the details of this order will be sent to you in an email, to the email address nominated at the time of signing up. Your contact details, including your full name; contact mobile number; and if the order is for delivery, your address; will be sent to the respective Merchant in order to identify you when they deliver or when you pick up your order. These details will also be used by the Merchant to contact you in the event where there are necessary changes to your order. If there are any changes to your order, you will be contacted by the Merchant to notify you of this fact. FoodScoop Pty Ltd cannnot guarantee or state what method the Merchant will use to contact you.
4.3. All food preparation, food packaging and food deliveries are the sole responsibility of the Merchant accepting the order. Due to factors beyond their control, the Merchants do not guarantee that they will meet the delivery time you specified, however they will do everything they can to try meet the specified delivery time.
4.4. Incorrect or over-due or falsified personal details can cause issues or delays in the fulfilment of orders, order delivery and/or order pickup. It is your responsibility to ensure that you have included your correct address (including post code), email address and active contact telephone number when ordering on the FoodScoop website.
4.5. Once your order has been accepted, this represents an agreement between you (the customer) and the Merchant. The Merchant has sole responsibility for fulfilling this order. When an order is placed, you are responsible for making payment and if applicable, picking up the order from the Merchant premises.
4.6. All prices are inclusive of GST and quoted in Australian (AUD) Dollars. Prices are subject to change without notice and all goods are subject to availability.
4.7. You have the right to cancel an order before it is sent to the Merchant. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
4.8. A Merchant may subsequently cancel an order after you have received confirmation. FoodScoop and our partner Merchants reserves the right to cancel any order, before or after acceptance, and we will endeavour to notify you immediately of any such cancellation.
4.9. Where online payment has already been made by the customer for an order, but the Merchant has subsequently declined or cancelled the order, the customer may request a full refund from FoodScoop within 14 days of the original transaction date. This request for a refund must be made in writing to support@foodscoop.com.au, quoting the order number. The refund will only be processed after confirmation from the related parties that such refund is due.
4.10. FoodScoop has the discretion to remove or suspend existing or future discounts or vouchers, whether specific to a restaurant or otherwise, at any time without prior notice to the customer.

5. Membership
5.1. Upon joining the FoodScoop website, members can view some of their previous orders. You are not allowed to register multiple memberships for use by the same person nor impersonate any other entity or to use a false name or a name that you are not authorised to use. Violating this clause will give FoodScoop Pty Ltd the irrevocable right to suspend or terminate your membership for a period up to the discretion of FoodScoop Pty Ltd.
5.2. You are responsible for all FoodScoop orders, activities and omissions that occur or are submitted through your FoodScoop membership account and/or through your mobile numer and/or through your email address. If you know or suspect that someone has knowledge of your password, you agree to contact us immediately by email to support@foodscoop.com.au. Suspecting that someone has knowledge of your password includes situations where a reasonble person would in the situation would have suspected that someone has knowledge of your password.
5.3. the FoodScoop website is intended for access and use by individuals in Australia only. FoodScoop Pty Ltd does not make any representation that any content, materials, functions or information in the FoodScoop website are appropriate for use in any other country, state or jurisdiction other than in Australia.
5.4. By using the FoodScoop website, you as the user warrant that any personal information provided by you is true, current, complete and accurate in all respects and that you will notify us as soon as practicable of any changes to your personal information by updating your profile on the FoodScoop website or contacting us via email on hello@foodscoop.com.au.
5.5. We reserve the right to refuse a new registration or sign up of any individual or entity. We also resever the right to terminate your rights to create links to the FoodScoop website, remove you as a user of the FoodScoop website, and/or prevent any further use if you violate any of these Terms of Service. If we consider there to be a risk of liability or loss to the Merchants we work with or to FoodScoop Pty Ltd or to the associates, directors, employees of FoodScoop Pty Ltd, we may take any action necessary to prevent or stop such damage, loss, or liability from occurring or continuing to occur.
5.6. If we terminate your right to create a link to the site you must cease this and related activity immediately. Where you have a suspended or terminated FoodScoop membership, you must not order from or re-join the FoodScoop website without the official prior written consent of FoodScoop Pty Ltd. FoodScoop Pty Ltd may sub-contract or asign any or all of our rights and obligations under these Terms of Service.
5.7. FoodScoop Pty Ltd reserves the right to trace your IP address and contact your ISP in the event of a suspected breach of these Terms of Service.
5.8. The FoodScoop website may be unavailable at any time to allow for maintenance and upgrades. FoodScoop Pty Ltd will try to inform customers and Merchants before any service unavailability that is within the control of FoodScoop Pty Ltd. However, there is no guarantee that FoodScoop Pty Ltd will inform users and Merchants of this. FoodScoop Pty Ltd reserves the right to change or cancel any of our services at any time.

6. Ratings & Reviews
6.1. The Merchant reviews allow customers with valid purchases to comment on the service relating to their order received from the respective Merchant.
6.2. These ratings are only for informational purposes. The reviews are not to be deemed as advice. Users of the FoodScoop website should not rely soley on reviews to make (or refrain from making) any action. The Reviews are merely a reflection of the opinions of members of the FoodScoop website and any statements made by such members are those of such members only.
6.3. Subject to Australian Consumer Law, we reserve the right to include or remove any rating received through the FoodScoop website, and take steps to protect our partner Merchants and customers from any offensive, abusive, discriminatory or malicious content, including termination and/or suspension of FoodScoop user accounts.
6.4. FoodScoop Pty Ltd will not remove or edit reviews where FoodScoop believes that doing so would be in breach of Australian Consumer Law.
6.5. In placing a review for a Merchant you agree that you will not post any information, content and/or material which, on its own or read together other information, content and/or material:
  • includes words, phrases, language or symbols that a reasonable person would deem offensive, indecent or obscene; and
  • is abusive, defamatory, hateful or harassing or is what a reasonable person would consider to be so; and
  • contains words, phrases, language or symbols that discriminates on any basis, including religion, sexual preferences, race, age, gender, nationality etc; and
  • impersonates anyone or invades anyone’s privacy; and
  • is unrelated and off-topic; and
  • contains unproven or baseless claims and assertions; and
  • constitutes unauthorised advertising or spam; and
  • may place FoodScoop Pty Ltd in legal harm or loss, including but not limited to any potentially libelous or defamatory assertions.
6.6. When submitting a review you further agree that you:
  • have not been solicited, directly or indirectly, for whatever purpose, to submit the review; and
  • either have no commercial or personal interest or competitive relationship with the Merchant in question or will declare your relationship or personal interest within the review
  • are posting your own and genuine opinion of the Merchant and the foods and service provided by them
6.7. FoodScoop Pty Ltd may edit or remove any review or rating which does not comply with the FoodScoop Pty Ltd Terms of Service and/or Privacy Policy, and may do so without providing any prior notice to you.

7. Loyalty Points
7.1. When a registered customer places an order on FoodScoop, the customer may be eligible to to earn 20 FoodScoop Loyalty Points ("points") per Australian dollar that is spent in the order Sub Total (incl. GST) where the order has been successfully paid for online via PayPal.
7.2. If a refund has been issued for an order for which the customer obtained points, such points will be deducted from the customer's points balance.
7.3. There is a maximum of 1,000 points that can be earned per qualified order.
7.4. The customer may only redeem their points on FoodScoop at the checkout page. When redeeming points, every 1,000 points will be the equivalent of One Australian Dollar. In order to redeem points for any one order, the customer must redeem a minimum of 5,000 points. The maximum points that a customer can redeeem in any one order is 10,000.
7.5. If a refund has been issued for an order for which the customer obtained FoodScoop points, such points are also subject to be deductible from the customer's account.
7.6. A customer may also earn default points by signing up to a FoodScoop account (50 points); adding a review for an order (20 points); and making their first order (100 points). Where an order has been cancelled or refunded, all points related to the order, including the points earned for placing the review, are subject to be deducted from the customer's account.
7.7. FoodScoop can, at any time, vary the default points that a customer earns in Clause 7.6 without prior notice to the customer.
7.8. FoodScoop may, from time to time, run promotions where a registered customer can obtain points on their FoodScoop points balance when the customer participates in external official FoodScoop promotional activities. Such activities will include those as emailed to the customer or as advertised by official FoodScoop posts on the FoodScoop official social media account on FaceBook (https://www.facebook.com/foodscoop), Twitter (http://www.twitter.com/foodscoop_au), and Google+ (http://www.google.com/+foodscoopau). Unless as otherwise specified on the corresponding email or social media post, FoodScoop reserves the right to suspend or end such promotions without prior notice to the customer.
7.9. Where a customer participates in a promotion in Clause 7.8, FoodScoop is only liable to credit the customer's FoodScoop points balance if and when the customer emails FoodScoop on hello@foodscoop.com.au with valid proof of having participated in the corresponding promotion.
7.10. FoodScoop reserves the right to deduct points, with notice to the customer, from the customer's account where there is evidence of fraud, misleading, deceptive or abusive conduct on the customer's part.
7.10. If a refund has been issued for an order for which the customer obtained FoodScoop points, such points are also subject to be deductible from the customer's account.
7.11. The FoodScoop points program offered by FoodScoop is a temporary promotional program. FoodScoop has the sole discretion to, at any time and with or without notice to the customer, offer further promotional programs, shorten or extend the duration of any promotional program and/or terminate or modify any existing promotional program.
7.12. If FoodScoop imposes a time limit by which all existing points must be used by, all points that remain unused will expire, the effect of which will render such points useless on the FoodScoop website. Such time limit will only be in effect after FoodScoop has provided all customers notice via email.
7.13. The FoodScoop points are provided "as is" without representation or warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, FoodScoop makes no and hereby disclaim any and all representations and warranties, express or implied, concerning any promotional programs.
7.14. Without limiting the rights in 7.13, failure to comply with any of the Terms of Use, abuse of promotional points program, violation of any law, rule or regulation, fraudulent activity or attempted fraudulent activity, conduct detrimental to the interests of FoodScoop or misrepresentation of any information furnished to FoodScoop may, in our discretion, result in cancellation of accrued points and/or benefits, if any.

8. Third party websites
8.1. The FoodScoop website may link to other websites. Those websites are not under or within any control whatsoever of FoodScoop Pty Ltd and FoodScoop Pty Ltd is not responsible or liable for any of the practices, content, views, or representations of these websites. Any link to external third party websites does not imply that FoodScoop endorses, sponsors, or is affiliated with the linked website. If you access any linked third party website, you are doing so at your own risk, and FoodScoop Pty Ltd are not responsible or liable for any damage or loss caused by use of or reliance on any goods, services, information or content available on such websites.
8.2. You may provide a non-framed link to the FoodScoop website from any other website but not in any way which gives the impression that FoodScoop Pty Ltd is associated with, endorse, support or have approved such other site, unless expressly agreed to by FoodScoop Pty Ltd in writing beforehand.

9. Unauthorised Use
9.1. You may not use the Site for any unlawful or unauthorised purpose. Unlawful or unauthorised purposes includes, without limitation, distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice; Interfering with any other person's use of the FoodScoop website; or damaging, disabling or impairing the operation of the FoodScoop website or attempting to gain unauthorised access to the FoodScoop website or to networks connected to it, through hacking, spoofing or other such similar means.

10. Merchant Owners & Managers
10.1. FoodScoop Pty Ltd provides an interactive online version of your menu and food listings and an order process that will allow you to sell your food and drinks online. The order process is defined by customers using the online version of your menu hosted on the FoodScoop website to generate orders using the shopping cart and forwarding of the customer orders to you via email or SMS.
10.2. By listing your menu on the FoodScoop website you agree; 1) make your best endeavours to accept and fulfil the orders sent to you by FoodScoop; 2) pay the commission (as set by FoodScoop) per order generated via the FoodScoop order process. 3) compensate customers for any variations of price between the price you have listed on the FoodScoop website and the price of the same item you are selling in your store, at any one time, where the price you have listed on the FoodScoop website is higher. 4) to keep your prices up to date by emailing FoodScoop on support@foodscoop.com.au. 5) give FoodScoop Pty Ltd at least 2 business days to update your changed prices on the FoodScoop website.


11. Lowest Price Guarantee
11.1. FoodScoop does not charge customers any additional fees above what the Merchant normally charges, when a a customer places an order through the FoodScoop website.
11.2. If a customer places an order through FoodScoop and subsequently discovers that the same food item is advertised by the restaurant within 24 hours for less, FoodScoop will credit the customer the difference for that order plus $5 AUD.
11.3. In proving the fact in 11.2., FoodScoop has the discretion to determine, on a reasonable basis, what evidence is sufficient in order to claim the difference for the other plus $5 AUD.
11.4. This 'Lowest Price Guarantee' is only applicable for the prices of items listed on Merchants who operate as restaurants and are not applicable for Merchants that operate as any other food store. Such food stores include stores that normally operate on prices that change daily or weekly for the food items that they supply.


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