Legal Information

PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through this website https://mobeez.com (Site) or directly from you, being the person, organisation or entity that uses our Site (referred to as you or your).

Please read this Privacy Policy carefully. Please contact us if you have any questions – our contact details are at the end of this Privacy Policy.

You providing us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it. If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.

1. Collection of personal information

Personal information

The type of information we collect may include:

  • name;
  • contact details including email address, address and telephone number;
  • date of birth;
  • demographic information such as postcode;
  • preferences and opinions; and
  • any other information requested on this Site or otherwise requested by us or provided by you.

Your use of our Site

As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

Your opinion and feedback

We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.

If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

2. Collection and use of personal information

We collect and use the information for purposes including:

  • to deliver your order to you;
  • to contact and communicate with you;
  • to provide you with a bill and/or tax invoice;
  • for internal record keeping;
  • for market research and business development including website development;
  • for marketing including direct marketing;
  • to run competitions or offer additional benefits to you;
  • to send you promotional information about third parties that we think may be of interest to you;
  • to coordinate business activities with third parties; and
  • for data analytics purposes.

3. Disclosure of personal information to third parties

We may disclose personal information to:

  • credit reporting agencies and courts, tribunals and regulatory authorities where customers fail to pay for goods or services provided by us to them;
  • courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • our affiliates, partners and other third parties (both related such as our agents or sub-contractors and unrelated third parties) who provide, and assist us in providing, information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia including Singapore and the USA; and
  • third parties to collect and process data including Google Analytics and other similar businesses or to remarket to similar audiences by advertising online. This means that third-party vendors, including Google will show our ads on sites across the Internet, using cookies to serve ads based on someone’s past visits to our website. Visitors can opt out of Google’s use of cookies by visiting Google’s Ads Settings. Alternatively, a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page or DoubleClick’s opt-out page.
  • This may include parties that store data outside of Australia. Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.
  • If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible by law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith.

4. How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. In referring to ‘sensitive information’ we mean information that relates to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices and criminal records, health information; or biometric information.

The type of sensitive information that we may collect includes:

  • health information such as dietary requirements; and
  • racial or ethnic origin.

Sensitive information will be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected, including:

  • to provide our services as set out on the Site;
  • to improve the health and safety standards of the food and beverage we provide to you;
  • where possible, to tailor our products and services including the food and beverages offered on our Site to cater for an individual’s preferences and/or health requirements; and
  • to disclose your health information to our partnered restaurants, catering companies and/or other related third parties for the performance of the above services.

Sensitive information may also be used or disclosed if required or authorised by law.

5. Your rights and controlling your personal information

Choice and consent: Providing us with your personal information is optional to you. You can choose not to provide personal information. When you provide us with your personal information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your personal information for these purposes.

Your provision of third party information: If you provide us with third party personal information then you warrant to us that you have the third party’s consent to provide this.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.

Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us using the details below.

6. Storage and Security

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference,loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Cookies & Web Beacons

We may use cookies on this Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.

We may use web beacons on this Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the visitors’ behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

8. Links to other websites

Our Site may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.

9. Amendments

This Privacy Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion. Your continued use of our Site following any amendments indicates that you accept the amendments.

You should check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.

For any questions or notice, please contact our Privacy Officer at:

Mobeez Pty Ltd (ABN 27 609 847 305)
45 St Georges TerracePerth WA 6000
Phone: 1300 662 339
Email: customer.service@mobeez.com
Last update: 15 February 2016

Mobeez Pty Ltd owns the copyright in this document and use without permission is prohibited.

TERMS OF USE

This website is owned and operated by Mobeez Pty Ltd (ABN 27 609 847 305), its successors and assignees (we, our or us). It is available at: https://mobeez.com (Site) and may be available through other addresses or channels.

These Terms of Use (Terms), Restaurant Terms (Restaurant) and Marketplace Terms (Marketplace) govern your, the person, organisation or entity that uses our Site (referred to as you or your) use of our Site and form a contract between you and us if you use the Site. Please read these Terms, Restaurant Terms and Marketplace Terms carefully. If you have any questions, please contact us using the contact details below.

Your use of the Site indicates that you have had sufficient opportunity to access these Terms, Restaurant Terms and Marketplace Terms that you have read and accepted these Terms and Marketplace.

 

1. Information

The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

2. Amendment

The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

3. Your Warranties

You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.

4. License to use the Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

5. Prohibited conduct

You must not:

  1. Use the Site for any activities, or post or transmit any material from the Site:
    • unless you hold all necessary rights, licences and consents to do so;
    • that infringes the intellectual property or other rights of any person;
    • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    • that defames, harasses, threatens, menaces, offends or restricts any person;
    • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
    • that would bring us, or the Site, into disrepute;
  2. Interfere with or inhibit any user from using the Site;
  3. Use the Site to send unsolicited email messages;
  4. Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features,
    or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
  5. Facilitate or assist another person to do any of the above acts.

6. Copyright and intellectual property rights

Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:

  1. altering or modifying any of the code or the material on the Site;
  2. causing any of the material on the Site to be framed or embedded in another website;
  3. creating derivative works from the content of the Site; or
  4. using the Site for commercial purposes.

7. Republishing

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:

  1. you must make no alterations to the material;
  2. you must attribute the material to our Site, including linking back to our Site where possible; and
  3. you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

8. Privacy

We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.

9. Your content

If you choose to add any content on the Site, you:

  1. warrant to us that you have all necessary rights to post the content;
  2. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
  3. you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

10. Third party information

The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.
You should make your own investigations with respect to the suitability of Third Party Information for you.

11. Third party links and websites

This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

12. Reservation of rights

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

13. Delays and outages

We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

14. Limitations of liability

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

15. Disclaimer

The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

  1. the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
  2. Third Party Information; or
  3. Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

16. Indemnity

By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

  1. your use of or access to the Site;
  2. any breach by you of these Terms; or
  3. any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

17. Breach

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site.
We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.

18. Exclusion of competitors

You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.

19. Enforceability

If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

20. Further assurances

Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

21. Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

22. Disputes

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

23. Jurisdiction

Your use of the Site and any dispute arising out of your use of it is subject to the laws of Western Australia and the Commonwealth of Australia. These Terms are governed by the laws of Western Australia and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Western Australia. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

For any questions or notice, please contact our Privacy Officer at:

Mobeez Pty Ltd (ABN 27 609 847 305)
45 St Georges Terrace Perth WA 6000
Phone: 1300 662 339
Email: hello@mobeez.com
Last update: 15 February 2017

Mobeez Pty Ltd owns the copyright in this document and use without permission is prohibited.

MARKETPLACE TERMS

Mobeez Pty Ltd ABN (27 609 847 305) (referred to as Mobeez) provides an introductory service between any business who seeks to bulk order food and/or beverages (Customers) and any restaurant, cafe or other catering service provider able to provide such food and/or beverages (collectively referred to as Restaurants), booking platform, payment platform, a searchable directory of Restaurants and food and beverage packages, and a delivery service (collectively, the Services).The Services are available on the Mobeez website at https://mobeez.com (Site) and on the Mobeez mobile application (App).

1. Acceptance of terms

  1. These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Mobeez, its directors, officers, employees, affiliates, related parties, successors and assignees, and each person, organisation or entity using the Services including but not limited to the Customers and Restaurants (collectively referred to as Users, each a User). By using the Site, the App and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Mobeez using the contact details at the end of these Terms.
  2. The User’s use of the Site, the App and the Services indicates that the User:
    1. has had sufficient opportunity to access the Terms and contact Mobeez;
    2. has read, accepted and will comply with the Terms;
    3. has legal capacity to enter into a contract for sale;
    4. is 18 years or older; and
    5. if the User is a Customer and a company, it has the power and authority to agree to these Terms.

    If any of the foregoing sub-paragraphs is not correct, or if the User does not agree to these Terms,
    the User must immediately cease accessing and/or using the Site, App and Services.

  3. These Terms may be amended from time to time, without prior notice.

    Use of our Services

    following any amendments will be deemed to be confirmation that the User accepts those amendments. Mobeez recommends that each User checks the current Terms, before continuing use of the Services. Mobeez’s agents, employees and third parties do not have authority to change the Terms.

  4. These Terms supplement and incorporate:
    1. The Mobeez policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy posted on the Site; and
    2. the PayPal Terms of Service including, without limitation, the User Agreement; and
    3. the Legal Agreements for Braintree Services including, without limitation, the Braintree Payment Services Agreement.
  5. Mobeez’s Privacy Policy sets out how Mobeez collects, uses and protects the personal information of its Users.Mobeez’s Website Terms of Use govern any access or use of the Site. These documents are available on the Site.

2. Introductory and Delivery Service

  1. The Site, the App and the Services provide a booking platform, payment platform, searchable directory of food and beverage sets (Meal Sets) and restaurants and an online introductory platform between Customers and Restaurants.
  2. The Site and the App allows Customers to browse a catalogue of Meal Sets (Menu) which consists of food and drink sets from 1 or more restaurants and/or suppliers, order and request delivery of any Meal Set the Customer requires (Order) to a specified business address (Delivery Address) at a chosen date and time as set out on the Site (Delivery Time). Customers acknowledge the Delivery Time shown on the Site when placing an Order. Orders may only be delivered to designated areas within each City. If a Customer’s Delivery Address is not within the delivery area, the Customer will not be able to submit an Order on the Site or the App.
  3. Orders must be placed no later than the period before Delivery Time as specified by each Restaurant on the Site and App. Once placed, the Order may be viewed and accepted by the Restaurant(s), who will use the Site and/or App to view, accept and manage the Order. The Customer must make payment at the time of Order.
  4. It is the Customer’s responsibility to check the details of the Order, including the quantity of food and/or beverage ordered, the price and whether a Meal Set is suitable for the Customer’s specific taste, dietary, nutritional, religious or other requirements or preferences and whether they have specified any such dietary requirements or preferences in the Order.
  5. The Restaurant(s) may accept or reject an Order at their discretion. Mobeez cannot guarantee that an Order will be accepted by the Restaurant(s) or that an Order will be placed with the relevant Restaurant(s).
  6. If the Restaurant(s) accepts an Order, Mobeez will email a confirmation notice to the Customer on behalf of the Restaurant(s) (Confirmation Notice). A binding agreement comes into existence between the Restaurant(s) and the Customer once a Confirmation Notice is issued to the Customer. The Restaurant(s) must notify Mobeez if such Restaurant cannot supply any part of a Meal Set or fulfil a Customer’s Order for any reason. Upon receipt of such notice, Mobeez will contact the Customer and suggest an alternative. If the Customer is unable to place on Order with an alternative Restaurant or no longer requires a Meal Set, Mobeez will provide the Customer with a full refund.
  7. After the Confirmation Notice is issued, Mobeez will also communicate to a delivery driver and/or runner (Runner) the instructions about the Order including the estimated pick up time of the Meal Set from the Restaurant(s), the Delivery Address and the Delivery Time for the Order (Delivery). The Customer is solely responsible for ensuring that a nominated person is at the Delivery Address at the Delivery Time to accept an Order.
  8. If the Customer’s Delivery Address is to a suite, unit or level of a building identified in the Delivery Address, the Customer must ensure the Runner has access to that suite, unit or level and that a designated person is available to accept Delivery on behalf of the Customer. As agreed between Mobeez and a Customer, the customer will procure any pass or access card for Mobeez to permit a Runner to access the relevant suite, unit or level at the Delivery Address.
  9. Mobeez will use its best endeavours to effect Delivery at the Delivery Time. If Mobeez cannot deliver the Order within a reasonable period after Delivery Time, Mobeez may provide the Customer a refund in accordance with the refund policy set out below. Mobeez will not provide a refund if the Delivery delay is caused by something outside of its control such as the Customer supplying incomplete or incorrect information, the Customer or its nominated person does not collect the Order at the Delivery Address and/or at the Delivery Time, or traffic, weather or other events impairing the smooth flow of traffic.
  10. If the Customer or a nominated person is not available to take delivery of the Meal Set at the Delivery Time or refuses to accept delivery of the Meal Set, the Meal Set will be left behind by the Runner at the Delivery Address. The Order will be deemed fulfilled and Mobeez (as the Restaurant’s limited payment collection agent) will facilitate payment to the Restaurant.
  11. A User can browse and view Restaurants, information about a Restaurant, Menus, Meal Sets, the Site and App as an unregistered user of the Site or App. A User must register on the Site and/or App and create an account (Account) to access some Services and features on the Site and the App. For Customers, such additional Services and features include placing an Order and arranging Delivery.
  12. Restaurants with an Account may create a Menu to advertise the sale of the Meal Sets they can supply. A Restaurant must set out all relevant information in the Menu such as the purchase price for a Meal Set, the type of food and/or beverage included in a Meal Set, the ingredients used in a Meal Set and any other information applicable to a Meal Set. A Restaurant may also supply a high definition image showing the composition of a Meal Set.
  13. Each User understands and agrees that the Site and the App offers an online introductory platform, and that Mobeez’s responsibilities are limited to facilitating the availability of the Site, the App and the Services. Mobeez has no control over the availability, quality and preparation of Meal Sets.
  14. When a Customer requests a Meal Set and the Order is accepted by the relevant Restaurant(s), any agreement entered into is between the Customer and Restaurant(s). Mobeez is not a party to any agreement entered into between a Customer and a Restaurant. Mobeez is not a referrer or booking agent, and provides no such related services. Mobeez has no control over the conduct of Restaurants, Customers, and any other users of the Site, the App and the Services. Mobeez disclaims all liability in this regard, as set out in these Terms.
  15. Any arrangement between a Customer and a Restaurant is solely between the Customer and Restaurant. It is strictly and expressly not part of the User’s agreement with Mobeez.
  16. From time to time, a Restaurant may occasionally run out of some goods. When a User places an order, a Restaurant can substitute an alternative similar product if the User’s chosen Meal Set (or a component of a Meal Set) is not in stock at the time the Restaurant dispatches the User’s order. If a User is not happy with the substitution, they can obtain a refund in accordance with the refund policy set out below. A User is required to read all information on the product label carefully including any substituted products.

3. Online registration

  1. Users who have created an Account are permitted to create profiles for its use of the Site, App and Services (Profile). Profiles are created from the personal information it provides to Mobeez or from social media login information provided.
  2. Restaurants may create a Profile setting out general operational information such as opening hours, best contact number, email and other information relating to the Menu or Meal Set(s).
  3. Each User acknowledges and agrees that it is responsible for its own Account and Profile.
  4. Users can access the Site and App to place an Order and obtain Meal Sets.
  5. Orders placed using the Mobeez checkout, include personal information, credit card data and related transactional information.  All of this data is linked to the email address provided by the user, so that it can be easily re-accessed at a later date.
  6. If the user provides an unrelated email address, whether intentionally or accidentally, the Mobeez will still link the personal details, transactional information and credit card data to this email address. Users should take care to only provide email addresses that they have access to, so that this personal and credit card information is not misused.
  7. Each User should report to Mobeez, any activities or requests of Users which are, or which the User reasonably believes to be:
    1. suspicious;
    2. inconsistent;
    3. illegal; or
    4. is 18 years or older; and
    5. likely to have a negative effect on the reputation of Mobeez, the Site, the App, Services and/or a User.
  8. Each User represents and warrants that any content that it provides and Profile that it posts:
    1. will not breach any agreements it has entered into with any third parties;
    2. will be in compliance with all applicable laws including but not limited to consumer laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
    3. will not conflict with the rights of third parties.
  9. Mobeez reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile or Menu for any reason, including Accounts, Profiles or Menus that Mobeez, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.

5. Ratings and Reviews

  1. Customers may rate a Restaurant, Menu and Meal Set (Rating), which determines the popularity of individual Restaurants. Customers may also provide feedback to Restaurants regarding Meal Sets purchased by that Customer (Review).
  2. Ratings and Reviews of a Restaurant can be viewed by any User. Ratings and Reviews will remain viewable until the relevant Restaurant’s Account, Profile and Menu is removed or terminated.
  3. Customers must provide true, fair and accurate information in their Review.
  4. If, in Mobeez’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Mobeez may delete the Review or ban the Customer from posting the Review. Mobeez does not undertake to review each Review made by a Customer.
  5. To the fullest extent permitted by law, Mobeez is not responsible for the content of any Reviews.

6. Payments

  1. Payments for Customers and Restaurants differ.
  2. Whilst Customers do not need to pay a fee for use of the Site and App, they acknowledge that the use of the Services will result in charges to them for the Meal Sets they receive from Restaurants (Meal Fees) and the fee for Mobeez delivering the Order on behalf of the Restaurant (Delivery Fee).
  3. Goods and Services Tax (GST) will be charged where applicable.
  4. Each Customer agrees to pay upfront the Meal Fees and Delivery Fees in respect of an Order, in the currency specified on the Site and App, at the time that it submits an Order.
  5. As the Restaurant’s limited payment collection agent, Mobeez will collect from the Customer the Meal Fees on behalf of the Restaurant.
  6. Within 24 hours of the Runner picking up an Order from the Restaurant, Mobeez will facilitate payment to a Restaurant’s nominated bank account the total Restaurant Fees accrued for Meal Sets supplied to a Customer by that particular Restaurant less the agreed commission payable by that Restaurant to Mobeez for introducing the Customer(s) to that Restaurant.
  7. The Customer may pay for the Services by PayPal, debit or credit card. The payment will be processed upon receipt of the request for an Order. The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a User’s payment is not able to be successfully processed then the request for an Order will be cancelled.
  8. In the absence of fraud or mistake and subject to the relevant cancellation and refund policy, all payments made are final and the Customer shall not have the right to cancel its purchase for any reason and further each Customer agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
  9. If the Customer makes a payment by debit or credit card, the User warrants that the information provided to Mobeez is true, accurate and complete, that the Customer is authorised to use the credit card to make the payment, that the payment will be honoured by the card issuer, and that the Customer will maintain sufficient funds in the account to cover the purchase price.
  10. Each Customer acknowledges that Mobeez facilitates the provision and delivery of Meal Sets and does not offer, supply or prepare Meal Sets or any food and beverages contained within any Meal Sets to Customers. Each Customer also acknowledges that Mobeez receives a commission from a Restaurant where that Restaurant is engaged to provide Meal Sets to Customers. Since Mobeez is only a facilitator in introducing Customers to Restaurants, providing a system in which to make safe payment and a delivery service, subject to the cancellation and refund policy below, the Customer must resolve any issues regarding refunds of Meal Sets with the relevant Restaurant themselves.
  11. Mobeez’s pricing structure or payment methods may be amended from time to time at its sole discretion.

7. Offers and Promotions

  1. Mobeez may, from time to time, make offers or promotions which may be applicable to the Services.
  2. The conditions of such offers or promotions will be specified on the Site.
  3. The User acknowledges and agrees that Mobeez may, at its sole discretion, remove or extend any offers or promotions, and Mobeez will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
  4. Mobeez may also offer vouchers or gift vouchers for purchase from time to time which may be applicable to the Site,
    App and Services. The conditions of each voucher or gift voucher will be specified on the Site.

8. Dispute Resolution

  1. By using our Site, App and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Customer, Restaurant, or other third party, will be limited to a claim against the Customer, Restaurant or other third party, who caused harm to him or her. Mobeez encourages Users to communicate directly with the relevant Customer, Restaurant or third party to resolve any disputes.
  2. Mobeez welcomes feedback from its Users including any feedback in relation to the delivery Services. Mobeez seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
  3. If there are any complaints from a User, Mobeez will aim to respond and provide a suitable solution within 30 days. If a User is not satisfied with Mobeez’s response, the User and Mobeez agree to the following dispute resolution procedure:
    1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Mobeez agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
    2. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Mobeez may refer the matter to a mediator. If the User and Mobeez cannot agree on who the mediator should be, the complainant will ask the Law Society of Western Australia to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
  4. Any attempts made by a Party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

9. Cancellation of Registration

  1. If a User wishes to cancel its Account, it will need to do so by writing an email at the email address listed in these Terms.
  2. Although a Customer is permitted to cancel an Order for any reason, if the Customer cancels multiple Orders within a period of time, Mobeez may terminate the User’s Account and block the User from the Site, App and Services.
  3. No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.

10. Refund Policy

  1. Each Restaurant agrees to comply with the Australian Consumer Laws regarding refunds and exchanges.
  2. If a Restaurant cancels or rejects an Order in respect of Meal Sets, Mobeez will provide a full refund.
  3. If a Customer cancels an Order and the cancellation is made:
    1. within 30 minutes of submitting an Order, Mobeez will provide a full refund of the fees paid and no cancellation fee will apply; or
    2. after 30 minutes of submitting an Order, Mobeez may provide a refund of fees paid less a cancellation fee as set out on the Site.
      Mobeez will notify the Customer of the applicable cancellation fees via the Site at the time of Order.
  4. Notwithstanding any other provision of these Terms, Mobeez (as the relevant Restaurant’s limited payment collection agent) may, at its sole discretion, provide a Customer with a partial or full refund if:
    1. any Meal Set forming a Customer’s Order is unavailable and there is no suitable alternative;
    2. a Runner is unable to effect Delivery within a reasonable timeframe after the Delivery Time in accordance with clause 2(g);
    3. if an Order is not delivered; or
    4. the Customer receives an incorrect or damaged Order.

11. Consumer Guarantees

  1. Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
  2. If the User is a consumer as defined in the ACL, the following notice applies to the User from Mobeez: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

12. Intellectual Property

  1. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Mobeez (or its affiliates and/or third party licensors as applicable).
  2. The User agrees that, as between the User and Mobeez, Mobeez owns or holds the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Mobeez or the owner of the content.
  3. Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
  4. Mobeez’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Mobeez or the applicable trademark holder or Intellectual Property owner.
  5. Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Mobeez or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

13. User Licence

  1. Subject to these Terms, Mobeez grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Mobeez’s prior written consent.
  2. The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
  3. This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

14. Permitted and Prohibited Conduct

  1. The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services. In connection with the User’s use of the Site, App and Services, the User may not and agrees that it will not:
    1. use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
    2. register for more than one Account or register for an Account on behalf of another individual and/or entity;
    3. use the Services to find a Restaurant and then complete, or assist another individual to complete, an Order or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Mobeez’s provision of the Services;
    4. post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Menu or Meal Set;
    5. submit any false or misleading information;
    6. as a Restaurant, offer any Meal Sets that it does not intend to honour or cannot provide;
    7. as a Customer, make any offers or Orders for Meal Sets that it does not intend to honour;
    8. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
    9. copy, store or otherwise access any information contained on the Site, App and Services or content for purposes not expressly permitted by these Terms;
    10. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
    11. use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation,photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    12. use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
    13. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site or App;
    14. use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, Mobeez’s name, any Mobeez trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Mobeez’s express written consent; or
    15. advocate, encourage, or assist any third party in doing any of the foregoing.

15. Content

  1. The Site, App, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, App, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Mobeez and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
  2. The User must not post, upload, publish, submit or transmit any content that:
    1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    2. is fraudulent, false, misleading or deceptive;
    3. denigrates Mobeez, the Site, the App, Services, a Customer, or a Restaurant;
    4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
    7. promotes illegal or harmful activities or substances.

16. User Content

  1. Users are permitted to post, upload, publish, submit or transmit relevant information and content including but not limited to Reviews, Menus and images of Meal Sets (User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to Mobeez a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services.
  2. The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site, App and Services. The User represents and warrants that:
    1. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant Mobeez the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
    2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Mobeez’s use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  3. Mobeez may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

17. Disclaimers

  1. Mobeez does not guarantee that any Meal Set will be requested by any Customer, nor does Mobeez guarantee that Customers will be able to find a Restaurant or Meal Set suitable for them.
  2. Each Meal Set is subject to availability. If a Restaurant is unable to supply a Meal Set, Mobeez will contact you to offer an alternative for any Meal Set. If no alternative Meal Set is available, a Customer may cancel the Order and receive a refund in accordance with the Refund Policy in these Terms.
  3. Mobeez does not endorse any Customer, Restaurant, Profile, Menu or Meal Set. Mobeez requires all Customers and Restaurants to confirm that they have provided accurate information to the Site. Mobeez does not perform any sort of background checks of Customers and Restaurants, and does not confirm, any Customer’s or Restaurant’s identity, Profile, Menus or Meal Sets.
  4. Mobeez cannot and does not control the content contained in any Profiles or Menus or the condition or suitability
    of any Restaurant, Menu or Meal Set. Customers are responsible for determining the identity and suitability of Restaurants that they contact and any Order placed with the Site.
  5. Mobeez does not prepare any Meal Set. Mobeez cannot and does not control the ingredients, composition, arrangement of food and beverages or packaging of Meal Sets. Mobeez cannot guarantee the quality or freshness of any Meal Set or that any food or beverage contained in a Meal Set is free of allergens or suitable for a Customer’s dietary requirements. If a Customer has any allergy or dietary requirements, they are encouraged to directly contact the Restaurant that has accepted the Order. Our food partners go to great lengths to identify allergens in the food they prepare, however we cannot guarantee that they have been created in a 100% allergen free environment. All products may contain traces of allergens, gluten, milk, nuts, soy, fish/seafood, eggs, sesame seeds and sulphites and other ingredients: meat and & meat products, olive pits, onion, garlic and chilli.
  6. Mobeez is not responsible or liable for a Customer’s failure to: accept delivery of an Order, correctly store a delivered but uncollected Order or for any loss or damage to a delivered but uncollected Order.
  7. Mobeez accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. Mobeez disclaims any and all liability related to any and all Customers, Restaurants, Profiles, Menus and Meal Sets.
  8. Mobeez recommends all Customers check the ingredients of any Meal Set prior to submitting an Order or consuming the Meal Set.
    Mobeez also recommends all Restaurants exercise due skill and care in ascertaining any dietary requirements identified by a Customer via an Order or before supplying the Meal Set.
  9. By using the Site, App or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Customers, Restaurants or other third parties will be limited to a claim against the Customer, Restaurant or other third party who caused it harm. Mobeez encourages the User to communicate directly with the relevant Customer or Restaurant on the Site, App and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
  10. To the fullest extent allowable under applicable law, Mobeez disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
  11. For the avoidance of doubt, Mobeez is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Mobeez advises that all Users using the Site, App and Services should seek advice in relation to these matters.
  12. Each Customer and Restaurant who uses the Site, App and the Services do so at their own risk.
  13. Mobeez excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
    1. Mobeez expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
    2. Mobeez does not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
    3. Mobeez takes no responsibility for, and will not be liable for, the Site, the App, the Services, the Customer, the Restaurant or Meal Sets being unavailable, of a particular standard of workmanship, failing to meet the Profile or Menu description, failing to meet the User’s needs, failing to meet the User’s dietary requirements, or being of less than merchantable quality; and
    4. Mobeez will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the App, Services, content on the Site or App, inability to access or use the Site, the App, the Services, any Profile, any Menu, Meal Sets or these Terms, even if Mobeez was expressly advised of the likelihood of such loss or damage.
  14. The User agrees not to attempt to impose liability on, or seek any legal remedy from Mobeez with respect to such actions or omissions.

18. Limitation of Liability

  1. Mobeez’s total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Mobeez in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
  2. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Mobeez and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
  3. This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Mobeez.

19. Indemnity

  1. Each User agrees to defend and indemnify and hold Mobeez (and Mobeez’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
  2. Mobeez reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
  3. This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Mobeez without restriction.

20. General

  1. Accuracy: While Mobeez will endeavour to keep the information up to date and correct, Mobeez makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Mobeez expressly excludes any liability for such to the fullest extent permissible by law.
  2. Termination: Mobeez reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site or App at its sole discretion, without incurring any liability to the User. If Mobeez decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future Orders (in respect of a Customer or Restaurant) may be immediately terminated; (c) Mobeez may communicate to the relevant Customer or Restaurant that the Order has been cancelled; (d) Mobeez may refund the Customer in full, regardless of the cancellation and refund policy; (e) Mobeez may contact Customer to inform them of potential alternative Meal Set available from different Restaurants on the Site, App and Services; and (f) the User will not be entitled to any compensation for Orders that were cancelled as a result of a suspension, deactivation or termination of their Account.
  3. Fraudulent Activities: Each User acknowledges and agrees that, in the event Mobeez reasonably suspects that there are fraudulent activities occurring within the Site, App and Services, Mobeez reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
  4. Force Majeure: Mobeez will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
  5. Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
  6. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Mobeez of any of the Terms shall be effective unless Mobeez expressly states that it is a waiver and Mobeez communicates it to the User in writing.
  7. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Mobeez’s prior written consent.
  8. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  9. Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of Western Australia, Australia, and subject to the exclusive jurisdiction of the Western Australian courts. The Site and App may be accessed throughout Australia and overseas. Mobeez makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site or App from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
  10. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement
    between Mobeez and each User, and supersede any prior agreement, understanding or arrangement between Mobeez and each User, whether oral or in writing. For questions and notices, please contact:

Mobeez Pty Ltd (ABN 27 609 847 305)
45 St Georges Terrace Perth WA 6000
Phone: 1300 662 339
Email: hello@mobeez.com
Last update: 09 February 2016

LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.

RESTAURANT TERMS

1. ACCEPTANCE

  1. These Terms and Conditions (Terms) are between Mobeez Pty Ltd (ABN 27 609 847 305), its affiliates, related bodies, successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that uses our services (referred to as “you” or “your”), collectively referred to as the Parties.
  2. We provide an introductory platform and delivery service as set out on our website: https://mobeez.com (Site) and the Mobeez mobile application (App) and governed by the Marketplace Terms and Conditions. These terms supplement and incorporate our Marketplace Terms and Conditions and govern the lead generation and delivery service we provide to you (Services).
  3. You accept these Terms by:
    1. ticking the online acceptance box; or
    2. confirming by email that you accept these Terms.
  4. You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of these Terms. Using our Services indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, that you are 18 years or older and that you have the power and authority to enter into these Terms. If this is not correct, or if you do not agree to these Terms, you must immediately cease accessing and/or using the Site, App and Services.
  5. Our Terms of Use sets out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. Our Marketplace Terms and Conditions sets out the terms of our introductory and delivery services. These are available on the Site.

2. REGISTRATION AND SERVICES

  1. Access to our Services will require you to register for an account (Account). Upon request, we may create an Account for your business on your behalf or you can create an Account as set out on the Site. It is your responsibility to keep the details of your Account, including user name and password, confidential. You are liable for all activity on your Account, including any Orders accepted using your account details.
  2. We agree to perform the Services by generating leads which you can use to connect with a Customer and deliver any Meal Sets you prepare to a Customer with due care and skill.
  3. Where a Customer submits an Order for Meal Set(s), we will notify you of the Order via the Site and App (Order Notification). Upon receipt of the Order Notification, you will have 30 minutes or such other period as notified by us to you (Notification Period) to review and accept or reject a Customer’s Order. You agree that failure to accept an Order Notification within the Notification Period will be deemed a rejection of the Customer’s Order.
  4. If you accept an Order, you agree a binding agreement comes into existence between you and the Customer who submitted the Order and you will fulfil the Order and provide the Meal Sets for pick-up by our Runner at the Pick-Up Time. We are not responsible or liable for the actions or inactions of a Customer in relation to you, your activities or the Meal Sets you provide. You are solely responsible for any obligations or liabilities to Customers or third parties that arise from your provision of the Meal Sets and fulfilment of the Orders, including but not limited to (i) ensuring the Order is available for pick-up by our Runner at the Pick-Up Time; (ii) provide sufficient notice regarding the ingredients contained in a Meal Set; and (iii) any Meal Sets provided are suitable for any dietary, nutritional, religious or other requirements or preferences where applicable.
  5. As part of our Services, we will provide a system to deliver a receipt or tax invoice (Receipt) for accepted Orders. Unless otherwise agreed between the Parties, upon delivery of the Order available by the Runner, we will prepare and issue the applicable Receipt to the Customer on your behalf and issue a copy of the Receipt to you. Receipts may include details such as your entity name, Australian Business Number, contact information and a breakdown of the Order if appropriate. You must notify us within 3 business days of receiving the Receipt of any errors or corrections in the Receipt. After this period, we are not liable for any mistakes or errors contained in the Receipt issued by us on your behalf to a Customer.
  6. 2.6  We reserve the right to refuse any request for Services from you or a Customer that we deem inappropriate, unreasonable or illegal.
  7. 2.7  We may provide the Services to you using our employees, contractors, affiliates, related bodies and third party providers and they are included in these Terms.
  8. Third parties who are not our employees or our direct contractors (Third Parties) will be your responsibility. We are not responsible for the products or services provided by Third Parties.

3. PAYMENT

  1. You appoint us as your limited payment collection agent solely for the purpose of accepting your Meal Fees for Orders via our Site.
  2. You agree that payment of the Meal Fees by a Customer to us, as your limited payment collection agent, shall be considered the same as a payment made directly by that Customer to you and you will provide the relevant Meal Sets to us for delivery the Customer, as outlined in the relevant Order, as if you have received payment directly.
  3. You agree that we, as your limited payment collection agent, may
    1. permit the cancellation of an Order accepted by you (whether by permitting a Customer to do so or otherwise); and/or
    2. provide the Customer with a refund in accordance with the cancellation and refund policy set out in Marketplace Terms and Conditions. In the event a Customer cancels an Order, a cancellation fee may be charged on your behalf. In the event you cancel an Order, we will provide the Customer a full refund and you agree to reimburse us the value of the Meal Fees.
  4. As your limited payment collection agent, we agree to facilitate the payment of any Meal Fees we deliver to Customers less the Commission payable as consideration for our Services within 24 hours of our Runner collecting the Order from you or as otherwise agreed between you and us. In the event that we do not remit such amounts, you agree you will have recourse only against us.
  5. We may set off any money due for payment by you to us against any money due for payment by us to you.
  6. All amounts are stated in Australian dollars and include Australian GST (where applicable).
  7. Notwithstanding our appointment as your limited payment collection agent, we explicitly disclaims all liability for any acts or omissions by you or any other third parties.
  8. Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. Where applicable, the pricing changes will apply to you for Services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our Site or are provided to you, whichever is earlier.

4. YOUR OBLIGATIONS AND WARRANTIES

  1. You acknowledge and agree that we provide a lead generation and delivery service and we do not supply or prepare any Meal Sets, food or beverage or provide any catering or hospitality services.
  2. You are responsible for designing the Meal Sets, content of your Menu and setting the Meal Fees. From time to time, we may propose potential Meal Sets to you. It is at your discretion whether you agree to supply to Customers the Meal Sets we propose.
  3. You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior 12 month period.
  4. You warrant that throughout the term of these Terms that:
    1. warrant that you have all necessary rights to provide the Intellectual Property to us;
    2. you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner;
    3. the information you provide to us is true, correct and complete;
    4. if you provide us any photos of Meal Sets, the description of any Meal Set and photo you supply to accompany the Meal Set is not false, misleading or deceptive;
    5. any Meal Sets you provide are fit for purpose, of merchantable quality and meet any applicable health, food and safety standards;
    6. where a Customer has identified any dietary, nutritional, religious or other requirements or preferences:
      1. you will ensure the Meal Sets provided are suitable for such requirements or preferences; and/or
      2. you are responsible for ensuring the Customer is aware any food or beverage in a Meal Set may not be suitable for such requirements or preferences;
    7. you will not infringe any third party rights in working with us and receiving the Services;
    8. you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
    9. you will take such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a Customer or third party;
    10. you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
    11. you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
    12. you will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles and only use any personal information we disclose to you solely for the purposes of fulfilling an Order;
    13. if applicable, you hold a valid ABN which has been advised to us; and
    14. if applicable, you are registered for GST purposes.

5. YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTS

  1. You agree to provide information including any Intellectual Property to us to enable us to provide the Services. You:
    1. warrant that you have all necessary rights to provide the Intellectual Property to us;
    2. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Services to you; and
    3. consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
  2. If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
    1. irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;
    2. irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;
    3. agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
    4. agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.

6. CONFIDENTIAL INFORMATION

  1. We, including our employees and contractors, agree not to disclose your Confidential Information to any third party, other than as set out in our Privacy Policy; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you, and not for any other purpose.
  2. You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure;and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
  3. These obligations do not apply to Confidential Information that:
    1. is authorised to be disclosed;
    2. is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
    3. is received from a third party, except where there has been a breach of confidence; or
    4. must be disclosed by law or by a regulatory authority including under subpoena.
  4. The obligations under this clause will survive termination of these Terms.

7. FEEDBACK AND DISPUTE RESOLUTION

  1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
  2. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
    1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
    2. If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Western Australia to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
  3. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

8. TERMINATION

  1. The Parties may terminate these Terms by giving 30 days’ notice in writing including by email to the other Party without cause.
  2. Either Party may terminate these Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
  3. We may terminate these Terms immediately, at our sole discretion, if:
    1. we consider that a request for the Service is inappropriate, improper or unlawful;
    2. you fail to fulfil an Order to enable us to provide the Services;
    3. we consider that our working relationship has broken down including a loss of confidence and trust;
    4. you act in a way which we reasonably believe will bring us, our Services, Site or App into disrepute;
    5. you provide us with incorrect payment details or any other incorrect information; or
    6. for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.
  4. On termination of these Terms you agree that any Commission or other payments made to us are not refundable to you.
  5. On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual property.
  6. On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
  7. On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
  8. The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
  9. On termination of these Terms, you agree to not tout for or accept food and / or beverage orders from customers that have been introduced to you by us, for a period of 12 months from the date of Termination.

9. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

  1. ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
  2. Services: If you are a consumer as defined in the ACL, the following applies to you: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
  3. Delay: Where the provision of Services depends on your information, response or supply, we have no liability for a failure to perform the Services in the period set out on the Site where it is affected by your delay in response, or supply of incomplete or incorrect information.
  4. Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
  5. Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  6. Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and these Terms, except those set out in these Terms, including but not limited to:
    1. implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
    2. the Services being unavailable; and
    3. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
  7. Limitation: Our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
  8. This clause will survive termination of these Terms.

10.INDEMNITY

  1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
  1. any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
  2. any breach of these Terms; and
  3. any misuse of the Services, the Site or App from or by you, your employees, contractors or agents.
  1. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
  2. The obligations under this clause will survive termination of these Terms.

11. GENERAL

  1. Privacy: We agree to comply with the legal requirements of the Privacy Act 1988 (Cth) and the Australian Privacy Principles and other applicable privacy guidelines.
  2. Publicity: You consent to us using advertising or publically announcing that we are providing our Services to you.
  3. Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
  4. GST: If and when applicable, GST payable on the Services will be set out on our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
  5. Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
  6. Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
  7. Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
  8. Force Majeure: A Party will not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If a Party is delayed from performing its obligations due to such a circumstance for a period of at least 1 months, the other Party may terminate these Terms and any other agreement with the first party by giving 5 business days’ notice in writing.
  9. Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to you at the address in your Account. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
  10. Jurisdiction & Applicable Law: These terms are governed by the laws of Western Australia and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia.

12. DEFINITIONS

Claim includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.

Confidential Information includes confidential information about you, your credit card or payment details, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.

Commission means the fee payable by you to us for the conversion of a lead to an Order for your Meal Sets as set out on the Site.

Customer means the entity that submits an Order via the Site or App.

GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.

Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discovery, circuit layouts, trade names, trade secrets, secret process, know-how, concept, Menus, Meal Sets, idea, information, process, data or formula, business names, company names or internet domain names.

Meal Fee means the fee for each Meal Set.

Meal Sets means the food and beverage set designed by you and set out on the Site and App.

Menu means catalogue of the Meal Sets you offer to Customers as set out on the Site and App.

Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).

Order means a request for Meal Sets prepared by you submitted by a Customer via the Site or App.

Pick-up Time means the time a Runner will pick up an Order from you as set out in the Order Notification.

Runner means the person responsible for collecting an Order from you for delivery to a Customer.

Cancellation Fee of $2.00 is the cost to the User if they cancel a Meal Order after 30 minutes of placing it on the Site or App and if order is not yet commenced by the Restaurant. If the order has been started by the Restaurant, then the order cannot be cancelled.

Restaurant Order Notification Period of 60 minutes, is the maximum time that Mobeez will wait for a Restaurant to confirm acceptance of an order.

Standard Meal Set Commission: 20% is the amount that will be deducted from all orders before remaining balance is transferred to the Restaurant.

Contact details:

Mobeez Pty Ltd (ABN 27 609 847 305)
45 St Georges TerracePerth WA 6000
Phone: 1300 662 339

Email: customer.service@mobeez.com
Last update: 09 February 2017

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