Terms & Conditions
Certified Food (ABN 43 287 991 652) is a business registered in Victoria. We provide a way for you to communicate with take-away, delivery or takeaway restaurants ("Restaurants") for products ("Products") displayed on the Website (the "Service").
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website including www.certifiedfood.com.au/order, www.certifiedfood.com.au, www.certifiedfood.com.au/directory and any Certified Food mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
Username and password
Certified Food considers registration information private, and maintains that the safekeeping of your username and password are your responsibility. We are not liable for any unauthorised use of your username and password.
All of the products available on our site have ingredients lists and allergen information. Whilst our vendors do their very best to ensure that the products are as labelled, we highly recommend you check the ingredients for yourself. In addition, manufacturers are not required to identify all chemicals found in food products depending on quantity, and from time to time they change their ingredients. Our vendors will do their best to ensure this information is up to date. However, Certified Food cannot guarantee the accuracy at all times. Thus, if you are at all unsure or concerned, please contact the manufacturer directly to check prior to purchasing, or do not consume the product.
Furthermore, since many ingredients are untested for natural chemical levels and also levels change with varying conditions and between different batches, it is not always possible to guarantee a food will be completely safe. Also, individuals vary greatly with their level of tolerance and thus some people may be more sensitive to different ingredients than others.
Certified Food will not be held responsible for any labelling mistakes, manufacturing issues, contamination, reactions or health impacts from the products supplied and are offered for sale by our Vendors.
It is very important you talk to a health professional such as a doctor and a dietitian before you undertake any kind of dietary elimination process or restricted diet.
With respect to products sold on the site, Certified Food makes no representations or warranties, either expressed or implied, of any kind, except as expressly stated herein. In no event shall Certified Food, its directors, officers, employees and representatives be liable for any direct, indirect, consequential, special, exemplary or other damages related to the product(s) sold.
At times, the picture of the goods on the Product List may differ from the goods actually supplied to you. Certified Food does not warrant the accuracy of the information contained in the Product List and recommends that you read the Labels on Goods carefully before consumption or contact the Vendor prior to purchasing.
Out of Stocks
Certified Food's vendors will endeavour to ensure that all goods ordered by you are supplied to you. However, please be aware that inventory can fluctuate throughout the day due to sales demand, so an item indicated as "stocked" when you place your order may, in fact, be out of stock. In this event, the Vendor representing the product will make every effort to contact you by email or phone immediately to notify you of the lead time and to discuss options such as to cancel the order in return for a full refund.
All of our prices are in Australian Dollars (AUD) and are inclusive of GST (Goods and Services Tax), regardless of shipping address.
This Agreement, its Terms and Conditions and the Use of this Site shall be governed by the laws in existence in Australia. You agree that any claim relating to the Site and our service can only be dealt with in a court in the state of Victoria, Australia.
The terms of this Agreement remain effective even if terminated by either party. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice, subject to applicable law. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
You may not use the PayPal service for activities that:
1) violate any law, statute, ordinance or regulation
2) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business Activities: the sale of traveler’s cheques or money orders, currency exchanges or cheque cashing, or (g) provide certain credit repair or debt settlement services
3) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
4) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
5) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily at any time and without notice.
The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
VISITOR MATERIAL AND REVIEWS
You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in the ensuing paragraphs below.
You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
- breaches any applicable local, national or international law;
- is unlawful or fraudulent;
- amounts to unauthorised advertising; or
- contains viruses or any other harmful programs.
Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
- contain any defamatory, obscene or offensive material;
- promote violence or discrimination;
- infringe the intellectual property rights of another person;
- breach any legal duty owed to a third party (such as a duty of confidence);
- promote illegal activity or invade another's privacy;
- give the impression that they originate from us; or
- be used to impersonate another person or to misrepresent your affiliation with another person.
You agree that you:
- have not been solicited in any way to post the review;
- either have no commercial/personal interest or competitive relationship with the restaurant or will declare your relationship or personal interest within the review; and
- are posting a genuinely held opinion of the restaurant and the goods and service provided.
We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in any paragraph above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, Certified Food will not remove or edit reviews where Certified Food believes that doing so would be in breach of the Australian Consumer Law.
The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
You agree to indemnify us (Certified Food) against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in these Terms of Conditions.
You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of any of the above paragraph or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
You may link to the Website's homepage (www.certifiedfood.com.au), provided that:
- you do so in a fair and legal way which does not damage or take advantage of our reputation;
- you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
- any website from which you link must comply with the content standards set out in these Website Terms;
- we have the right to withdraw linking permission at any time and for any reason.
We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.
Specials listed on the Website are subject to change. Restaurants may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Restaurant are non-transferrable and are not redeemable for cash.
It is the Restaurants that are responsible for providing Menu Information and classifying their menu accordingly, ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility, warranty or endorsement. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering. Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the Restaurant.
The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
- We do not give any undertaking that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
- Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order.
- The foregoing disclaimers do not affect your statutory rights against any Restaurant.
We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Website Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Term.
Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
Subject to your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.
You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
You agree to indemnify and hold Certified Food and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
- you have used the Website in breach of these Terms & Conditions (Licenses)
- you have posted Reviews or other Visitor Material in breach Terms & Conditions (Visitor Material and Reviews);
- you have breached Links to and from other websites; or
- you have breached any other material terms of these Website Terms.
Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
Certified Food reserves the right to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Website Terms.
If your access to the Website is suspended or terminated, you must not order from the Website or use the Services without our prior written consent.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If any of these Website 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.
These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with the law of Victoria. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Victoria.
INFORMATION THAT WE COLLECT FROM YOU
When you visit the Website or use the Service to make an Order from a Restaurant through the Website, you may be asked to provide information about yourself including your name, address, contact details (such as mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Website and Service and information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us. Your telephone calls to us may also be recorded for training and quality purposes.
USE OF YOUR INFORMATION
We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service.
By registering with Certified Food, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail in accordance with the Spam Act and the Privacy Act.
Please note that by submitting Reviews regarding the Website, Service and/or Restaurants, you consent to us to use such Reviews on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside (and any other information that you may from time to time consent to us disclosing).
DISCLOSURE OF YOUR INFORMATION
The information you provide to us will be transferred to and stored on our servers which may be in or outside Australia, and may be accessed by or given to our staff working outside Australia and third parties including companies within the Certified Food group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy.
If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Website Terms and any other agreement; or to protect our rights or the rights of Restaurants or other third parties. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
SECURITY AND DATA RETENTION
We take steps to protect your information from unauthorised access, modification or disclosure and against misuse, interference, loss, destruction and damage. Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain the information, we will destroy the information or ensure that it is de-identified.
Where you have registered an account with Certified Food and chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.
All user details captured by Certified Food are stored securely at all times and will never be provided to any unauthorised third parties. All credit card details are protected using SSL (Secure Socket Layer) encryption. Credit card details are handled by leading PCI compliant providers of secure credit card processing solutions. Certified Food will never save your actual credit card details. We will simply save a reference to your card, which is called a token. This token is provided to us by the payment provider. Saving the token means that for future credit card transactions we can give you the option to charge the same card you used previously without having to re-enter the card details. If, at any time, you wish the token to be removed please email us at firstname.lastname@example.org and we will have these removed. In that case you would need to re-enter your card details on the next order.
However, the transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your information and make sure it is safe and secure and we use a number of physical, administrative, personnel and technical measures to protect your personal information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. For the avoidance of doubt, Certified Food will not in any circumstances be liable to you, or third parties, for loss or damage arising from credit card fraud or identity theft.
We may collect personal information about you when you use and access our website. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit, the computer and operating system used to access our website and the internet protocol address assigned to your computer. We may also use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.
ACCESSING AND UPDATING
You have the right to see the information we hold about you and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us.
All comments, queries and requests relating to our use of your information are welcomed. You can also lodge a complaint if you think we have breached the Privacy Act (Cth) 1988 in relation to your personal information. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take. All correspondence should be addressed to Certified Food email@example.com.