Speed Food Website Terms and Conditions
Welcome to Speed Food!
speedfood.com.au is operated by the Libran Dragon Pty Ltd, ABN 89 604 800 419, (“we” or “us” or “our” or “Speed Food”), ACN 604800419. This page covers the Terms and Conditions of the online platform and its affiliated applications, patented technology and other associated equipment, now existing or upcoming softwares and use of speedfood.com.au and the associated sites listed on it (together, the “Website”) where you can order meal items online (“Order”) from one of our partner restaurants (“Restaurant”). We reserve the right to alter these terms and conditions.
If you have any queries, please do not hesitate to email us at email@example.com before placing an order.
1.1. The Libran Dragon Pty Ltd hereinafter called (“Speed Food”) (ACN 604800419) is registered in Victoria, Australia at 370 St Kilda Rd Melbourne VIC 3004 Australia.
2. Our Services
2.1. Speed Food provides technology based services to facilitate transactions of “orders for products” to “businesses” (i.e restaurants) via the Speed Food Website.
2.2. You acknowledge that Speed Food is not associated with or working as an agency or in partnership with the Restaurant, instead operates as an independent intermediary between you and the Restaurant via the Website.
3. Website Access and Terms
3.2. If you access or use the Website then this signifies that you have agreed and acknowledge these Terms and Conditions. In the case that you do not agree to these Terms and Conditions, then you must leave this Website and not place any Orders.
4. Service Access
4.1. The Website runs on a standard basis and is accessible twenty-four (24) hours a day seven (7) days a week, unless going under site maintenance in which we have no obligation to give you prior notice nor are liable due to the unavailability of the website at any given length of time.
4.2. Security for data and other details transmitted online are not entirely secure, therefore assurance that your data is safe is not guaranteed. Transmitting any data and information is done at your own risk.
4.3. Without any prior given notice, gaining access to the Website may briefly be prohibited during any period of time.
4.4. We may without prior notice at any time make alterations to the services, products and prices on the Website.
5. Use of the Services
5.1. The Restaurant supplies their menu and prices to Speed Food and we display this on the Website.
5.2. Choose the items you wish to purchase to make your Order on the restaurant menu from your selected restaurant. Your selections will automatically appear in the cart with the subtotal price. At the top of the cart, select either ‘Delivery’ and input the suburb you would like your meal to be delivered to or ‘Pick Up’ to collect. Once the Order is in the cart, make sure that the selected items are accurate, including stating the specific address for deliveries and any dietary requirements, should you wish to proceed to place the order. Click “Checkout” once no errors are detected, this process cannot be reversed once the Order is processed.
5.3. When placing an Order, customers should be aware of any minimum order purchase set by the restaurant. The total of the Order must be in excess of the provided minimum amount.
5.4. The submission of your authorised Order after clicking “Checkout” or online payment made cannot be reversed, altered or cancelled. In the case should you need to alter or cancel your Order, then a call made promptly to the restaurant is necessary. Alternatively, you may wish to call the Speed Food Customer Care Line, in which we will aim to liaise your information to the restaurant on your behalf. Doing this serves no assurance that we are able to communicate to the restaurant nor that the restaurant respond and accept your request due to your Order processing or completed.
5.5. Once your Order has been lodged, we will liaise the details of your Order and your details to the Restaurant. An email will be sent to your nominated email address detailing your Order submission and processing and does not indicate that your Order is accepted. Orders may be rejected by the Restaurant due to unforeseeable situations such as bad weather, being too busy, unavailable menu items, or having lack of delivery drivers and so forth. If an Order is rejected by the Restaurant, we aim to advise you promptly by email.
5.6. If a payment for an Order is made unauthorised, then the Order will not proceed to be communicated to the Restaurant.
5.7. Where there are unavailable menu items, Speed Food will offer a refund of the total amount paid of that Order. Alternatively, the Restaurant may suggest replacement menu items and you will be notified via the phone number you have provided to change these items. We reserve the right to charge extra or refund the difference of the Order payment made by you.
5.8. Speed Food and the Restaurant do not guarantee the time of the Order delivery and collection to be precise. You will be notified with an SMS text or email noting the estimated time of delivery or collection should your Order be processed and accepted by the restaurant. The responsibility of all food and meal preparation and deliveries will solely belong to the Restaurant.
5.9. Speed Food does not authorise any refunds for any Order that is not collected by you.
5.10. The Restaurant and Speed Food shall not be held responsible nor liable for your inability to collect your Order, or be obliged to set aside the Order not collected or for its loss or damage.
5.11. Restaurant actions and omissions: The provision and purchase of the products in which you have placed an Order is legally binding linking the Restaurant and you. The acts or non-fulfillment of the Restaurant is out of our control. To utilise the Website, you agree and acknowledge without limitation that: (a) The estimated time for an Order delivery or collection is only an approximate given time by the Restaurant and not warranted by them or us; (b) Orders may be rejected by the Restaurant due to unforeseeable situations such as bad weather, being too busy or having lack of delivery drivers and so forth. If an Order is rejected by the Restaurant, we aim to advise you promptly by email; (c) We do not assure or guarantee the adequate quality of the products within your Order coming from any Restaurant.
6. Price and Payment
6.1. The payment options listed on the Website are agreed to and accepted by Speed Food. Your Order payment will be made according to the option that you specify.
6.2. Each menu item listed on the Website will have its price recorded in Australian dollars (AUD). Any relevant taxes such as the Goods and Services Tax (GST) are included within each menu item. Extra charges apply for any Order to be delivered and for online card fee payments. The total of costs will be added to the cart.
6.3. Payment methods: Payment options for any Order include credit or debit card (MasterCard, Visa, AMEX), PayPal and cash to be paid directly to the restaurant once you have received your Order.
6.4. Third party merchant facilities are utilised by us to exercise your Order payments and therefore we are not liable for issues including breaches, loss and otherwise or hold any authority over third party merchant facilities.
6.5. When paying for your Order online with a credit or debit card, the restaurant may request to see your card as to identify your proof of purchase. Purchases using a credit or debit card may occasionally be delayed to show a deduction or charge on an account.
6.6. Your processed Order will be charged in full to the authorised debit or credit card that you have nominated. Where your processed Order was rejected or otherwise cancelled due to other causes, you will receive a refund to your account from your card company or issuing bank. The funds may take a few days (usually three to five days) or longer dependent on your card company or issuing bank. You accept and acknowledge that fund delays to your account will not be the responsibility of us or the Restaurant.
6.7. We aim to display correct prices and menu items on the Website, but from time to time listed pricings may be inaccurate due to a vast amount of items and menus on the Website. The menu items on the Website will be sold at their display prices even if the display price on the Website does not reflect the correct Order price.
6.8. From time to time, Speed Food may provide vouchers and promotional codes, gift cards for discounts or credit used on the Website for your Order, and where you settle for any difference in total via online option payments.
7. Your Status
7.1. Capacity and Age: When an Order is placed on the Website, you acknowledge that:
(a) You must be at least eighteen (18) years of age; (b) You have legal contractual capacity to enter into a contract; and
7.2. You acknowledge and agree that: (a) The sale of cigarettes to any people under the age of 18 is illegal; (b) It is illegal for persons under the age of 18 to purchase alcohol or to supply alcohol to persons under the age of 18; (c) Any Order that includes cigarettes or alcohol cannot be given to or bought on behalf of any persons under the age of 18. If an Order includes either cigarettes or alcohol than the Restaurant will request identification (ID). For the sake of clarity, it is the Restaurant that supplies you with the alcohol or cigarettes when you place an Order for them through the Website and Speed Food is not offering the sales of alcohol or cigarettes to you. Speed Food encourages the Responsible Service of Alcohol (RSA).
8. Dietary and Allergy Information
8.1. Any menus, pricing, descriptions, Allergen information and warnings for food that the Restaurant supplies is copied with attempted precision to the Website. The Restaurant holds exclusive responsibility for checking that the information and updates are accurate on the Website and that responsibility also does not belong to Speed Food. In the case that you are unsure or dissatisfied with the Restaurant’s information, then contact should be made directly to the Restaurant to reaffirm any information including ingredients and allergen information for accuracy prior to placing an Order. Images on the Website may not indicate all ingredients present.
9. User Content
9.2. You are not permitted to upload, post or publish any User Contents to or from the Website that: (a) Is illegal or unauthorised; (b) Contains sensitive user and customer data including other customer login information; (c) Infringes relevant laws including any local, national or international; (d) Involves any unapproved publicising; (e) Includes any viruses, Web crawlers, Trojan horses and damaging malware.
9.3. Without limitation, Reviews placed on the Website are required not to: (a) Include indecent, malicious or derogatory content; (b) Violate the intellectual property rights of others; (c) Encourage any act of unlawfulness or an invasion of privacy; (d) Foster prejudice, discrimination or violent behaviour; (e) Infringe legal duties owing to a third party (such as a duty of confidentiality); (f) Impersonate, imitate or falsify your affiliations with other persons; (g) Impersonate or imitate us
9.4. Reviews displayed on the Website indicate views and opinions of Customers who have used the Website or otherwise and does not reflect the views and opinions of Speed Food. To the full extent of the law, Speed Food does not bear any obligation, accountability or liability for Reviews written by a Customer or other persons including but without limits to any indecency, libel, inaccuracies, deletions or fabrications that may be displayed.
9.5. Speed Food is entitled to display ratings and reviews on the Website and holds the right to edit or remove Reviews containing inappropriate, derogatory or offensive language and possible harm that will be determined at the discretion of Speed Food without breaching Australian Consumer Law.
9.6. You agree to indemnify Speed Food and its employees, agents, officers, directors, and affiliates against any damages, liabilities, fraud or fraudulent misrepresentation, losses and claims, including court and attorneys’ fees relating to the use of Speed Food, sustained by or opposing by a Restaurant or third party in regards to Reviews that are in breach of the this clause.
9.7. You accept that Speed Food will be in complete cooperation with relevant authorities who may petition us to divulge information, including the identities and locations of persons who have written Reviews which have breached these Terms and Conditions or other regulations. To the full extent of the law, you will release and waive any liability concerning the release of this information.
10. Customer Care Line
10.1. If you have any queries about your Order, feedback or other general concerns, our Customer Care Line can be contacted via email at firstname.lastname@example.org or calling 1300 77 33 33. You may also want to visit our Frequently Asked Questions (FAQ) page.
10.2. In the case should you need to alter or cancel your Order, then a call made promptly to the restaurant is necessary. Alternatively, you may wish to call the Speed Food Customer Care Line, in which we will aim to liaise your information to the restaurant on your behalf. Doing this serves no assurance that we are able to communicate to the restaurant nor that the restaurant respond and accept your request due to your Order processing or completed.
10.3. Should you have any questions concerning your Order, including dietary ingredients or estimated time of completion, then you must promptly call the restaurant. You may also reach out to Speed Food Customer Care Line and we will aim to call the Restaurant to voice the concern on your behalf.
10.4. If you would like to leave reviews on any particular Product, service or Restaurant or to leave feedback on our services, then visit the Website where feedback forms are available as well as a Review section consisting of star ratings with a comment section. We encourage you to leave a Review for quality purposes.
10.5. For a refund, compensation, reduce price concession due to your dissatisfaction with your Order or the Restaurant services, contact should be made directly and promptly to the Restaurant. Alternatively, you may wish to call the Speed Food Customer Care Line within forty-eight (48) hours of your made Order. If you cannot reach the Restaurant or the request is denied, we will aim to liaise your requirements to the restaurant on your behalf. Doing this serves no assurance that we are able to communicate to the Restaurant nor that the Restaurant shall respond and accept your request nor are we able to guarantee the quality, attainability, validity of Products produced by the Restaurant. Note that we are not held accountable and liable for issuing any kind of reimbursement or compensation to you in place of the Restaurant for the Order’s quality, attainability, validity, failure to be supplied or delivered and otherwise.
11. Third Party Websites
11.1. Any link on the Website to other third party websites are displayed for your convenience. If you click on any third party links then you will exit the Website. We hold no responsibility nor authority over the content and accessibility of these third party websites. Your decision to access any third party website link from the Website is done at your own risk.
11.2. Linking permission: Linking to the Website homepage (www.speedfood.com.au) is permissible given that: (a) The website link that you feature must meet the guidelines in these Terms and Conditions; (b) You do not create a website link that insinuates any affiliation and endorsement by us where there is none or a website link which does not belong to you; (c) Proper and lawful use is undertaken without any harm or disadvantage to our name and reputation; (d) Your website link may be withdrawn by us at any period time, with or without any cause.
12.1. Terms of permitted use: You may use the Website including any printing or downloading of parts of the Website for private use only if you acknowledge: (a) You do not abuse, scrape or hack the Website; (b) Digitised and paper material copies may not be altered, redesigned or modified in any way when printed, and any image, photo, or other illustration, visual or audible components must not be utilised independently from included text and content; © The copyright, proprietary information, intellectual property rights or other information (which includes without limitation graphics, images, photos) produced on the Website is the property of Speed Food or our licensors unless expressed otherwise. International copyright agreements and laws safeguard these materials and all rights reserved; (d) our position as the author of the contents included on the Website is recognised; (e) That the contents included on the Website as well as the Website as a whole may not be applied to any commercialised purpose unless with prior written notice to us for a licence.
12.2. Unless prior written notice and approval is given, the Speed Food Website may not be utilised, and any section of the Website may not be copied, duplicated, recreated nor retained within different websites and not be a part of any public or private electronically run systems or facilities.
12.3. Any rights not clearly acknowledged within these Terms and Conditions are reserved.
13. Suspension and Termination
13.1. If you fail to comply or violate any of these Terms and Conditions, we may: (a) serve a warning to you; (b)withdraw your right to use the Website; (c) terminate your account; (d) take legal action; (e) release necessary information involving your breach to law enforcement authorities
13.2. Whilst you have any remaining credit or are a paying member, you will not be granted with any refund because you have breached the terms and conditions.
13.3. If you wish to terminate or disable your account, please notify us via email at email@example.com and we will deactivate your account within fourteen (14) days from the date of your submission of the termination request. Some of the terms and conditions will remain in effect after the termination of your account.
13.4. These clauses are not limited and further action may be taken as we consider appropriate.
14. Written Communications
14.1. Certain correspondence and communication in writing from us to you is mandatory in accordance with certain applicable laws. Your statutory rights are not affected. You agree that the main method of communication will be done electronically (computer, email, telephone, and so on) when accessing the Website, service or reserving any products through the Website. You acknowledge all announcements, agreements, notifications, information and otherwise that is sent electronically to you satisfies all legal specifications that such correspondence is in writing.
15. Liability Limitation
15.1. To the extent permitted by law, Speed Food liability in relation to any product or service purchased as a consequence of your use of this website is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to Speed Food for the product or service.
15.2. To the extent permitted by law we will not be liable for any direct, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use this website and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.
15.3. Subject to your statutory rights under the Australian Consumer Law, our total liabilities shall in any event not surpass one hundred Australian dollars (AU$100) or double the total cost of your Order, whatever one amounts to the lesser value.
15.4. Any related and further costs sustained by you will be entirely your responsibility due to your accessing the Website or any outcome occurring from accessing the Website including without limitation the charges connecting to any repairs, maintenance or modifications of any hardware, software or information you may possess, given permit or utilise otherwise.
16.1. You agree to indemnify Speed Food and its employees, agents, officers, directors, and affiliates against any damages (without limitation compensatory, special, consequential), liabilities, fraud or fraudulent misrepresentation, losses and claims of all kinds, known and unknown, including court and attorney's’ fees caused by a third party due to your violation of these terms and conditions relating to the use of Speed Food.
18.1. If any court finds any provision of this Agreement is marked as invalid, illegal, or unenforceable then that provision will be considered removed and the validity, legality and enforceability of the remaining provisions in this Agreement shall not be affected.
19. Entire Agreement
19.1. These Terms and Conditions constitutes the entire understanding and agreement between the parties and supersedes all prior agreements or understandings, written or oral, between the parties with respect to the subject matter of any contract.
20. No Waiver
20.1. No failure or delay by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of these Terms and Conditions shall be considered a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
21.1. None of the rights, interests or obligations under these Terms and Conditions shall be assigned, in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of us. Any purported assignment without such consent shall be void. Without any prior written consent to you we may assign our rights and duties under these Terms and Conditions to any mergers or purchase of us.
22. Force Majeure Incident
22.1. We will not be held accountable or liable to any postponement or failure to fill our agreement under these Terms and Conditions due to events beyond any plausible control (“Force Majeure Incident”). For the sake of clarity, payment responsibilities must be met under this Agreement regardless of a Force Majeure Incident.
22.2. A “Force Majeure Incident” means an incident occurring beyond the reasonable commands of Speed Food such as any industrial disputes, strikes, riot, war, civil disturbances, failure or delay of a utility service or transportation network, malicious vandalisation, accident, collapse or malfunction of any machinery, import or export limitations, compliance with governmental law and order, or any natural disasters including but not limited to fire, flood, storm or earthquake.
23. Governing Law and Jurisdiction
23.1. These Terms and Conditions and any claim or controversy hereunder shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. The parties agree that any disputes or claims in regards to Speed Food shall submit to the jurisdiction of the courts of Victoria.
24.1. The Website will display any discount pricing of menu items that have been prior communicated to us by the restaurant. All Speed Food affiliated restaurants may not offer discounts and all discounts may be unaccessible in certain areas.
24.2. Loyalty Discounts are to be determined by restaurants and they provide you with a free Order after a certain number of Orders made to the same restaurant. Loyalty discounts vary from restaurant to restaurant and their conditions are displayed on the Speed Food affiliated restaurant page. You must be using your account when making a purchase for the loyalty discount to apply. All Speed Food affiliated restaurants may not offer loyalty discounts and all loyalty discounts may be unaccessible in certain areas.
24.3. These discounts may be altered at any time by Speed Food without prior notice. Restrictions may apply. Due to any unfinalised, imprecise or fault in data caused, Speed Food will not be held accountable or liable for the discounts listed.
25. Vouchers, Promotional Codes, Gift Cards
25.1. From time to time, Speed Food may provide Vouchers, promotional codes and gift cards for discounts or credit used on the Website for your Order, and where you settle for any difference in total via online option payments.
25.2. Vouchers, promotional codes and gift cards from the Restaurant or Speed Food cannot be exchanged or refunded for cash.
25.3. We are not liable for any loss or damage to the Vouchers, promotional codes and gift cards you receive and it is your sole responsibility to secure them as we are not bound to arrange any replacement if the loss or damage is caused by you.
25.4. At our discretion, we may cancel any Vouchers, promotional codes and gift cards that we believe are counterfeit, unauthorised or otherwise fraudulent.
25.5. Any discounts and promotions recorded or displayed on the Website may be changed at any time. The loyalty programs may be altered at any time according to the Restaurant’s wishes. Any credit received from the loyalty program cannot be exchanged or transferred for cash.
26. Intellectual Property Rights
26.1. The Website, contents, photos, data and display (without limitation logos, images, scripts, icons) belong to us or the licensee of the intellectual property rights and are protected by Australian and international copyright laws, treaties and trademarks. All rights are reserved. You must not breach or obstruct these rights and laws, including: (a) Circulate, lease, spread, trade, put on sale, or transmit the Content, rights, Website, to another person;
(b) Revise, transcribe, translate, reconstruct, or modify any Content and the Website, for any cause; (c) Reverse engineering, duplicate displays, ideas, logos and otherwise.
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