Copy Right PBL Law Group 2021

AdFoodz Australasia Pty Ltd Terms & Conditions Of Service

INTRODUCTION

This page tells you the terms (Terms) which apply when you order any menu products (Products) from our mobile application and services (Application).

 

Please read these Terms carefully before ordering any Products from our Application. If you have any questions relating to these Terms please contact support@adfoodz.com.au before you place an order.

 

By setting up your AdFoodz account, you confirm that you accept these Terms.

1. WHO WE ARE

The Application is owned and operated by AdFoodz Australasia Pty Ltd ACN 652 820 472 (AdFoodz), a company incorporated in Australia, whose registered office is at Suite 505 / 350 George Street, Sydney NSW 2000. The terms “we” or “us” or “AdFoodz” mean AdFoodz Australasia Pty Ltd. In either case you may contact us at support@adfoodz.com.au.

2. OBJECTIVE

To partner with businesses (Partner Businesses) and allow you to order Products for delivery to you for your convenience (Service). That’s our Service promise to You, The Peoples App! When you order from a Partner Business, AdFoodz acts as an agent on behalf of that Partner Business to get your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your Products will be delivered to you by AdFoodz (AdFoodzDelivery).

3. YOUR ACCOUNT

Before you can place orders for Products using our Application, you need to open a AdFoodz account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Products they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

4. SERVICE AVAILABILITY

Each Partner Businesses has a prescribed delivery area. This delivery area may change at any time due to a number of factors including weather, or demand on our service. This is to ensure that Products reach your door at their best. Our Partner Businesses each decide their own operating hours. That means that the availability of our Service, and the range of Partner Businesses from which you can order, depends on the Partner Businesses in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Partner Businesses, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

5. ORDERS

When you place an order through our Application, it needs to be accepted by us or the Partner Businesses before it is confirmed. We will send you a notification if your order has been accepted (Confirmation Notice). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Products ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Partner Businesses operate a minimum order value policy. This will be displayed on our Application. All Products are subject to availability.  Partner Businesses may use nuts or other allergens in the preparation of certain Products. Please contact our Partner Business prior to ordering if you have an allergy. AdFoodz cannot guarantee that any of the Products sold by our Partner Businesses are free of allergens.

6. DELIVERY

When you place an order we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order.

Unfortunately, despite our, and our Partner Businesses best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late, we will notify of the delay unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).

We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.

You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):   

• You do not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.

• The driver refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).

7. YOUR RIGHTS IF SOMETHING IS WRONG WITH YOUR PRODUCTS

You have a legal right to receive goods which match their description, which are of acceptable quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Products you have been delivered do not comply with these legal rights, please let us know as you have a legal right to have the issue remedied. We may request a photograph showing the problem if it is something that can be seen by inspecting the Products. We will remedy any failure in accordance with your legal rights. This may include providing a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Businesses when determining the remedy that will apply in the circumstances.

8. AGE RESTRICTED PRODUCTS

Age restricted products (including, alcohol) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. AdFoodz operates an age verification policy whereby customers ordering age restricted products will be asked by the delivery driver to provide proof that they are aged 18 or over before the delivery is completed. The driver may refuse to deliver any age restricted product to any person unless they can provide valid photo ID proving that they are 18 or over. The Partner Businesses and the delivery driver may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.

9. CANCELLATION

You may cancel an order without charge at any time before the Partner Businesses has accepted the order on our Application (Accepted Order). If you wish to cancel an order before it becomes a Accepted Order, please contact us immediately, via our email. If the Partner Businesses confirms the order was not a Accepted Order, we will refund your payment using the same payment method as you used to originally pay for the order (excluding any discount, or Voucher that was applied to the order. If you cancel any order after it becomes a Accepted Order, you will be charged the full price for the Products, and if the driver has been despatched you will also be charged for delivery.  

AdFoodz and the Partner Businesses may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Businesses, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.

10. PRICES, PAYMENT AND OFFERS

Prices include GST. You confirm that you are using our Service for personal, non-commercial use. AdFoodz may operate dynamic pricing some of the time, which means that prices of Products and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner Businesses. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect orders after a Confirmation Notice has been issued orders.  Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the Products will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.  Where AdFoodz or any Partner Businesses makes a delivery, we or the Partner Businesses may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.

The total price of your order will be set out on the checkout page on our Application, including the prices of Products and Delivery and applicable Service Fees and taxes.

Payment for all Products and deliveries can be made on our Application by credit or debit card, or other payment method made available by AdFoodz. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to AdFoodz acting as agent on behalf of the Partner Businesses only. Payment may also be made by using vouchers or account credit.

We are authorised by our Partner Businesses to accept payment on their behalf and payment of the price of any Products or delivery charges to us will fulfil your obligation to pay the price to the Partner Businesses.

Partner Businesses sometimes make special offers available through our Application. These are visible when you look at a Partner Businesses menu. These offers are at the discretion of the Partner Businesses. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.

11. TIPS

When Placing Your Order:

When you place an order, you will have the option to make a discretionary payment in the form of a tip or gratuity to i) your rider and ii) your business. The discretionary payment will form part of your overall order total and charged to your nominated payment method.  In each case, your rider and your business will receive 100% of any discretionary payment you choose to make.

After You’ve Received Your Order:

Once you’ve received your order, you may receive a notification that enables you to pay a tip to your rider at your discretion. AdFoodz will collect payment on behalf of the rider, as their limited payment collection agent, and payment of the tips shall be considered a direct payment from you to the rider. Your rider will receive 100% of any discretionary payment you choose to make. As this payment is made after you receive your order, this payment is non-refundable and does not form part of your order. Depending on the payment method used for your original order, your tip may show up on your bank/credit card statement as a separate payment.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE THAT YOU SUFFER

We acknowledge that the Competition and Consumer Act 2010 (Cth) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms is intended to exclude or restrict the application of such non-excludable terms to these Terms.

Accordingly, nothing in these Terms affects any rights that you may have which we can’t by law exclude.  If AdFoodz breaches a non-excludable term or condition, it will be liable for that breach.

However, to the extent permitted by law, any liability of AdFoodz is limited to the re-supply of the relevant Item, or payment of the cost of re-supplying the relevant goods or services again.   

Subject to the information set out above in this clause 12, and to the maximum extent permitted by law:

• we expressly disclaim any and all guarantees, conditions, warranties and liabilities with respect to type, acceptability, the fitness for purpose of our Services, the Application and its contents;

• we make no representation or warranty of any kind regarding the availability, correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Services or the Application or its contents. Your use of the Application is at your own risk;

• we will not be liable to you or any other person in connection with the Services, the Application or any Products obtained through them for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, loss of actual or anticipated savings, loss of revenue, expectation, business, savings, data or unavailability of systems, other economic loss or other losses, whether arising under contract, statute, tort (including negligence) or otherwise;

• we will not be liable for any use of or access to, or any inability to use or access, the Application or the Services, unless such loss arises as a result of our own negligence or wilful misconduct.

Our liability to you for any loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage whether our liability is in contract, tort (including negligence), under any statute or otherwise.

13. DATA PROTECTION

All personal information that you supply in connection with the Application will be collected, used, disclosed and managed by us in accordance with our Privacy Policy. You consent to AdFoodz dealing with your personal information in accordance with the Privacy Policy.

14. OTHER TERMS

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.  If a court decides that any part of these Terms is unenforceable, illegal or void, the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will take steps to notify you (for example, by posting an updated version of the terms on the Application). Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.

These Terms are governed by the laws of the state of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

AdFoodz Terms Of Use For Applications

This page (together with the documents referred to on it) tells you the terms of use on our Application we make available via an app store or otherwise (Service), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our Service. By using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use our Service.

1. Information About Us

AdFoodz Australasia Pty Ltd ACN 652 820 472 (AdFoodz), is a company incorporated in Australia, whose registered office is at Suite 506 / 350 George Street, Sydney NSW 2000. AdFoodz is a business where the food is prepared by independent businesses (PartnerBusinesses) and delivered by us.

2. Accessing Our Service Or Our Services

Access to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Service without notice (see below). We will not be liable if, for any reason, our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Service, or our entire Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support@adfoodz.com.austraight away to let us know. We can deactivate your account at any time.

3. Acceptable Use

You may use our Service only for lawful purposes. You may not use our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Service or any network or equipment used in the provision of our Service.

4. Interactive Features Of Our Service

We may from time to time provide certain features which allow you to interact through our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

5. Content Standards

These content standards apply to any and all material which you contribute to our Service (Contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Australia and in any country from which they are posted. Contributions must not:

• contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• infringe any copyright, database right or trademark of any other person;

• be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;

• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or

• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. Suspension And Termination

Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Service;

• immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;

• issuing of a warning to you;

• legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

7. Intellectual Property Rights

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

8. Reliance On Information Posted

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

9. Our Service Change Regularly

We aim to update our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Service, or close them indefinitely. Any of the material on our Service may be out of date at any given time, and we are under no obligation to update such material.

10. Our Liability

To the maximum extent permitted by law, AdFoodz provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. To the maximum extent permitted by law and subject as provided below, AdFoodz and any Partner Businesses expressly disclaim all warranties and conditions with regard to any portion of our Service, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to:

1. any errors in or omissions from the Website, including but not limited to technical inaccuracies and typographical errors;

2. any third party contents therein directly or indirectly accessed through links in the Website, including but not limited to any errors or omissions;

3. the unavailability of the Service, or any portion; or

4. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party content; or

5. our supply of Meals as a Service to you in accordance with this agreement.

To the maximum extent permitted by law, neither AdFoodz nor any Partner Businesses shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use our Service. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that AdFoodz or the Partner Businesses is found to be liable to you, our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

1. in the case of products:

2. in the case of services:

3. Important: this does not include or limit in any wayAdFoodz or any PartnerBusiness’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including under the Competition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.

11. Information About You And Your Use Of Our Service

We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.

12. Uploading Material Our Application and Our Service

Any material you upload to our Service, or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

13. Links From Our Service

Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Jurisdiction And Applicable Law

The New South Wales courts will have jurisdiction over any claim arising from, or related to, use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of New South Wales.

15. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

16. Your Concerns

If you have any concerns about material which appears on our Service, please contact support@adfoodz.com.au

AdFoodz Voucher and Account Credit Terms & Conditions

1. Introduction

AdFoodz makes available from time to time: (i) Vouchers (which are promotional credits that may be offered by us or by Partner Businesses on our Site) and (ii) Account Credit (which is credit that may be applied to a customer’s account at AdFoodz’s discretion). Vouchers and Account Credits both operate as credits applying to a customer’s AdFoodz account, redeemable (subject to conditions, as set out below) against the cost of Products. Vouchers and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits.

These Credit Terms apply to your use of any Credits to pay for Products using the AdFoodz Service. These Credit Terms apply together with the AdFoodz Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms and Conditions of Service unless they are defined in these Credit Terms.

You can “apply” a voucher to your account by (i) entering the Voucher code (if any) at the point you place an order, or (ii) by adding any reward that we make available to you in the “Your offers and rewards” section of your account page. Unless otherwise stated, a voucher that has been applied to your account will remain there until it is “redeemed” against an eligible order, or expires (whichever is sooner).  Account Credits are Credits that we apply to your account ourselves. In either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Products, unless it is lost, or, in the case of Vouchers, it expires in accordance with the terms of that Voucher. The reasons why Credits may be lost or Vouchers may expire are set out in these Credit Terms.

Any personal information supplied by a Customer in connection with the use of a Voucher, for example when registering a new AdFoodz Account.

2. Terms that apply to Vouchers only

Unless we tell you otherwise, vouchers offered in a particular country and currency cannot be used in a different country or currency. Vouchers are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (eg new customers), or for use only at a particular Partner Businesses or for a particular Item. If conditions apply they will be stated when we offer the Voucher.

Some Vouchers are only available to new AdFoodz customers (New Customer Vouchers). That means that the Voucher is applied (subject to any other applicable conditions) automatically when the Customer registers a new AdFoodz account and will be redeemed when the Customer places their first eligible order. AdFoodz reserves the right to refuse to apply and/or allow you to redeem a new customer Voucher if you are registering a new account using credit card details or a delivery name and address already on our system.

Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or that the Voucher may only be redeemed at specific Partner Businesses or on specific Products. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Products will show the total order value and the applicable Voucher, if any. If there is a Voucher credit on your account which does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.

Unless we tell you otherwise, all Vouchers must be redeemed within one calendar month of the date they are applied to your account.

Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer.  If you have more than one eligible Voucher applied to your account when you place an order, the Vouchers are redeemed in order of expiry date, with the Voucher expiring the earliest redeemed first.  

Vouchers cannot be redeemed in conjunction with any other AdFoodz offer.

If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used. If the Voucher was a New Customer Voucher, you will no longer be a new customer and will not be eligible for any subsequent new customer Vouchers.

3. Terms that apply to Vouchers and Account Credit

Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit.

Credits cannot be exchanged for cash or any other alternatives and have no monetary value.

Any attempt to manipulate our offers of Credits by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. AdFoodz is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification or closing the accounts of any customers it reasonably believes have carried out any such acts.

AdFoodz Plus Terms And Conditions

These T&Cs apply to you if you have a AdFoodz subscription on your AdFoodz account. These do not replace the Terms and Conditions of Service for your AdFoodz account, which will continue to apply except to the extent these T&C vary them.

1. AdFoodz Subscription

AdFoodz allows those users to subscribe to our Service (Subscription).

If you do not want to continue with your Subscription you may cancel your Subscription which will end at the end of each month.

2. To Sign Up

You can sign up for AdFoodz through our Application.

4. AdFoodz Fees

The AdFoodz subscription is available for a periodic fee which will be communicated at the time of subscribing (AdFoodz Fee). The AdFoodz Fee may vary from customer to customer depending on what other services, business offers, special promotional plans or memberships are offered at the time of signing up.

If you have been offered a Free Trial Period (“Free Trial Period”), you will not be charged the applicable AdFoodz Fee for the duration of the Free Trial Period . After the Free Trial Period ends, you will be charged the AdFoodz Fee at the relevant intervals for the remainder of your Subscription period in accordance with the terms and conditions set out in the “Payment and Billing” section below.

You acknowledge and agree that AdFoodz may vary the AdFoodz Fee during your Subscription Period. Any increase to your AdFoodz Fee will be notified to you as described above. You acknowledge that you will be required to pay any Service Fees in accordance with section ten of the Terms.

5. AdFoodz Subscription Period

Your AdFoodz subscription period (AdFoodz Subscription Period) will be communicated and chosen by you at the time of subscribing.

Subscriptions will automatically renew at the end of each AdFoodz Subscription Period until your AdFoodz membership is cancelled (by you) or terminated (by us) in accordance with these terms and conditions. Your first AdFoodz Subscription Period will start on the day you sign up, or, if you are offered and eligible for a Free Trial Period, the day immediately following the date on which your Free Trial Period expires (“Start Date”).

6. Payment And Billing

●      Payment Method: Payment for your Subscription must be made by a credit or debit card saved on your profile through our Service ("Payment Method").

●      Payment options: Any payment options we have available will be communicated to you at the time of subscription.

●      Editing/Changing Payment Method: You may edit/change your Payment Method by logging into either the Application. You cannot delete a Payment Method associated with your account, unless you replace it with another Payment Method. To do this, you must first add a new Payment Method to account and then replace the existing Payment Method associated with your account with the new Payment Method.

●      Failed Payment: If payment of the applicable is not successfully settled, due to expiration of your Payment Method, insufficient funds or otherwise, and you do not edit the Payment Method information within 24 hours of being notified of a failed payment AdFoodz will cancel your Subscription effective immediately and you will no longer receive the Our Service. You will remain responsible for any uncollected amounts. If we cannot charge you, we reserve the right, but are not obligated, to terminate your access to our Service or any portion of it.

●      Recurring Billing: By starting the Subscription, you authorise us to charge you for a recurring AdFoodz Fee at the current applicable rate within 24 hours of the first day of each AdFoodz Subscription Period, provided that you will not be charged any amounts for the provision of the Subscription service during any Free Trial Period. You acknowledge that any AdFoodz Fee billed to you may vary for reasons that may include differing amounts due to promotional offers and you authorise us to charge your Payment Method for varying amounts.

●      Billing of your First AdFoodz Fee:  Your first AdFoodz Fee will be charged on the Start Date.

●      Refunds: AdFoodz Fees are non-refundable, except in the following exceptional circumstances: if we notify you in a Change Communication that you are entitled to a refund, if you cancel your Subscription in accordance with the provisions below and we subsequently take payment of the AdFoodz Fee from your Payment Method; if you cancel your membership within the Cooling-Off Period; or if your Subscription is cancelled prior to the end of a Subscription Period for which you have incurred a charge, due to your relocation to a country outside of the Australia, disability or death.

●      Price Changes: We reserve the right to adjust pricing of your membership at any time. Any price changes to your membership will take effect on your next Subscription Period. We will notify you of any change in price via a Change Communication. Subject to applicable law, if following a Change Communication you continue to use the Service after the price change has taken effect, you will be deemed to have accepted the new price.  If you do not accept the new price, you must cancel your Plus Subscription before the price change is implemented.

7. Managing Your AdFoodz Account

All information relating to your AdFoodz membership will be contained in the “Account” section of your profile. From here, you will be able to view the remaining time on your Free Trial Period and update your Payment Method. Cancellations are only via email request to support@adfoodz.com.au .

8. Cancellation

Cancellation of AdFoodz Subscription: You may terminate your Subscription at any time by sending an email request to support@adfoodz.com.au . If you cancel within your Cooling Off Period you will be entitled to a full refund.

Cooling Off Period: You have a right to cancel your Subscription membership  during the Cooling-Off Period. The Cooling-Off Period will expire either:

○      after 14 days from the day of your initial sign up date or

○      at the expiry of the Free Trial Period.

Exercising Your Right to Cancel: To exercise the right to cancel under this section, you must inform our Customer Support Team by email (at support@adfoodz.com.au) of your decision to cancel your Subscription by clear statement.

Reimbursement: If you cancel your Subscription during the Cooling-Off Period, we will reimburse you for the payment you have made at the date of cancellation. If a reimbursement is due and payable to you, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract using the same means of payment as you have used to pay your Subscription Fee.

9. Termination Or Modification

You agree that AdFoodz, in its sole discretion, may terminate, deactivate and/or suspend any account (or part thereof) you may have with us or use of the Service and remove and discard all or part of your account and/or discontinue, modify or alter any aspect, feature or policy of the Service or Subscription. In the event that AdFoodz terminates, deactivates and/or suspends your account (for any reason other than in relation to a breach of these Terms and Conditions) AdFoodz will reimburse your Fee on a pro-rata basis.

10. Free / Limited Time Trial Offers

●      Trial Offer Availability: From time to time, we may offer a no payment, fixed period, trial of our Subscription (“Free Trial Period”) to some Eligible Users. Terms and conditions shall apply for each trial offer. The Free Trial Period is intended to allow new members and certain former members to try Plus.

●      Eligibility: Eligibility for a Free Trial Period is determined by AdFoodz at its sole discretion. To prevent fraudulent activity and abuse of the Free Trial Period we may limit eligibility or duration. We reserve the right to revoke the Free Trial Period and put a hold on your account in the event that we determine that you are not eligible.

●      End of Free Trial Period: At the end of the Free Trial Period, you shall be required to pay the AdFoodz Fees. If you do not want to automatically pay the AdFoodz Fee you must cancel your subscription within the Cooling Off Period. You can cancel the trial offer at by logging into your account or by contacting Customer Services. Each Eligible User will only be entitled to one Free Trial Period. If you cancel your subscription at any time in the future, any future subscription to AdFoodz that uses the same AdFoodz account, phone number, or credit card associated with your first subscription will not be entitled to receive a Free Trial Period.

●      Providing mobile unique number: You will need to provide us with a unique valid mobile phone number. By providing this number you consent to us sending you a one-time verification code which you will be asked to provide back to us as part of the registration process and in order to activate the trial offer. If you do not have a valid mobile phone number you will not be able to participate in our trial offer. We will only be able to accept a mobile phone number on one (1) occasion as a means of validating a trial offer. Failure to provide a valid mobile phone number will result in your request to participate in the trial offer being declined. Please note that while we do not charge you for the SMS, your mobile standard messaging rates may apply.

●      We reserve the right, in our absolute discretion, to withdraw or to modify our free trial offer at any time without prior notice and without liability, to the greatest extent permitted under law.

AdFoodz Businesses Offer Terms & Conditions

1. These Terms and Conditions apply to any business voucher codes provided in connection with a business offer, which may be made available to AdFoodz account holders with a Subscription from time to time (Business Offers).

2. The offer amount, participating Business(es), and any other specific terms (for example, any minimum spend requirements, or specific menu Products to which the offer relates) will be specified at the time any Business Offer is communicated to the customer.

3. If a customer cancels their Subscription during the Free Trial period, the Business Offer will expire immediately. If a customer cancels their Subscription during the paid period, the Business Offer will expire at the end of the last day of the customer’s Subscription Period.

4. A Business Offer can only be redeemed if the relevant order is made from a postcode that includes the participating Business(es).

5. Age restricted products will only be supplied to those aged 18+.

6. Business Offers cannot be exchanged for cash or any other alternatives and have no monetary value.

7. Cancelled orders will invalidate the use of the Business Offer.

8. Any attempt to manipulate the system and use of Business Offers by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and use of that Business Offers invalid and may potentially lead to that account being closed down.

9. If for any reason a Business Offer becomes invalid due to technical failures or any other causes beyond the control of the AdFoodz, or a meal or Business becomes unavailable, AdFoodz reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the campaign that is related to that Business Offer and not re-issue any additional Business Offer to affected customers.

10. AdFoodz reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.

11. By redeeming the Business Offer, customers agree to release AdFoodz from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the campaign or with the acceptance or possession of any order (except death or personal injury caused by AdFoodz’s negligence, for fraud, or otherwise as prohibited by law).

12. All products are subject to availability.

13. All other registration and AdFoodz delivery terms and conditions.