1. About this Website and System
1.1 The EatDirect website and system distributed under license by Crazy Domains.com.au which is owned and operated by Dreamscape Networks International Pte Ltd as part of the Web.com Group. The EatDirect.com solution is operated by a sister group company by the name of Enable Media Ltd, incorporated in England and Wales, Registration number 05178759, with its registered office at 12 Fetter Lane, London, EC4A 1JP. References in these terms and conditions to "EatDirect", "us" or "we" are references to Web.com trading as Enable Media Ltd.
2. Links from Other Websites
2.1 You may also be using the EatDirect website as part of a link from another website, or a window or frame in that other website. Regardless of the appearance of the site, your transaction occurs with, and payment is processed by, EatDirect, subject to the terms and conditions outlined below.
4. Availability of the EatDirect Website and System
4.1. As electronic services are subject to interruption or breakdown, access to the EatDirect Website and system is offered on an "as is" and "as available" basis only.
4.2. You are responsible for ensuring that you have alternate contingency plans in place to enable you to take orders or transactions should the EatDirect Website and System be unavailable.
4.3. EatDirect may impose limits or restrictions on the use you may make of the EatDirect Website. EatDirect may withdraw the EatDirect Website at any time and with 30 days' notice.
5. EatDirect Product Information and Acquisition of Products and Services
5.1. The EatDirect Website contains information of a general nature about EatDirect's products and services (the "Products").
5.2. Where the EatDirect Website enables you to sign-up to the Products: We may enter into a binding contract for the provision of the Products through a process in which EatDirect receives an electronic online form via the EatDirect Website and you electronically communicate your acceptance via tick box of that offer on the online form and submitting via the EatDirect Website;
5.3 EatDirect may act on, and process all completed electronic instructions, messages, requests or communications issued or transmitted to EatDirect via the EatDirect Website (each an 'Electronic Instruction') without further confirmation from or reference to you; and EatDirect may treat an Electronic Instruction as authentic
and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instruction, or to verify the accuracy and completeness of such Electronic Instruction.
5.4. You must be the account or credit card holder for any Products which you attempt to acquire via the EatDirect Website.
5.5. Creating a binding contract with EatDirect via the EatDirect Website is via an electronically signed contract that will be sent to you upon approval of the order.
Thereafter EatDirect follow a two-step process:
Step 1 is to complete the online "new client" form in consultation with you. Upon completion, the form will be sent to the EatDirect admin team for processing.
Step two will be the payment of hardware, set-up and up-front fees agreed with the EatDirect representative.
5.6. You acknowledge that the transmission of your acceptance through an Electronic Instruction may not be received by EatDirect in accordance with this clause for reasons beyond either parties' reasonable control including, but not limited to, mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, EatDirect is not liable to you or your clients in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the use of EatDirect in any way.
5.7. EatDirect may issue a paper confirmation of the Products acquired by you. The existence of a binding contract is not conditional on EatDirect issuing, or your receipt, of a "paper" transaction confirmation.
5.8. EatDirect may, at its discretion, refuse to accept a new Account, close any Account, or refuse to provide service to a former client, or any other user. The reasons for this include; but are not limited to circumstances where a client has currently or in the past attempted to circumvent EatDirect security measures, has misused their account, have used or attempted to use their account for unlawful purposes or for any other reason.
6.1. All payments for any Hardware and Services must be made in full by clear funds before the signup will be accepted, processed and acted on by EatDirect.
6.2. Unless provided for otherwise, all payments referred to in 6.1 above are to be made by credit card issued in your name or via Direct Debit from your nominated account. You must therefore provide EatDirect with all required credit card and/or bank account details.
EatDirect may securely store your credit card number for security and verification purposes, or as part of your ongoing payment if you request EatDirect to do so.
6.3. Unless otherwise arranged, payments related to the use of EatDirect are to be paid automatically using your nominated bank account (via Direct Debit) or credit card. All invoices are due on the first day of each calendar month for the month ahead unless other terms have been agreed upon in writing by EatDirect. Additional charges may be applied for any accounts not processed automatically using the direct debit or auto-payment system, unless the payment failure was due to an error
caused by EatDirect. Invoices one week or more overdue may result in additional charges being applied and notices being placed on your EatDirect account to remind users that payment is overdue. Accounts that remain unpaid for an extended period may also be subject to access restrictions and/or full suspension of services until payment is made.
6.4 EatDirect will charge no commission to you on orders through the system, but reserves the right to charge a 1.50 AUD basket charge for all customers ordering and this will be applied transparently to the basket for customers ordering online. This admin fee may change from time to time but will be communicated in advance to you prior to any change, and will be clearly marked in the basket as an admin charge.
6.5 Payments taken by EatDirect for orders will be processed automatically via online payment gateway and will be remitted to you in the way that you will agree with EatDirect during set up, the options being:
6.5.1 Option 1 is the settlement of fees twice per week into your nominated bank account
6.5.2 Option 2 is the immediate settlement of fees to your nominated STRIPE or other payment gateway which will be set up by you, and the credentials for integration provided to EatDirect. To avail of this option you are responsible to set up your own STRIPE account and share the access credentials securely for the integration to be made with EatDirect systems.
7. Prices and Invoice Errors
7.1. EatDirect endeavours to ensure that all invoices are accurate and correct. EatDirect reserves the right to adjust any fees, charges or prices as necessary, even if the Products acquired have been paid for in full, to reflect such cost increases passed onto EatDirect.
7.2. EatDirect reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the Products acquired have been paid for in full.
8. Cancellation Charges and Alterations
EatDirect reserves the right to charge you a fee for each alteration, variation or update to a Service requested. EatDirect will inform you in advance if a charge will apply for any variations you request.
9. Refunds for Unused Services
9.1. EatDirect will not issue you with a refund for any other pre-paid service Products which are not used for any reason, including for reasons beyond your control such as illness, strikes, natural or man-made disasters, or acts of God.
9.2. All payments relating to set-up and monthly fees are non-refundable, and if cancellation is given, previous payments held can be applied towards previously completed work.
Whilst every effort has been made to ensure that information is error-free, EatDirect does not warrant the accuracy, adequacy or completeness of Material on the
Website or System. All information is subject to change without prior notice. EatDirect does not guarantee that the EatDirect Website or any third-party websites will be free from viruses, or that access to the EatDirect Website will be uninterrupted. All terms implied by law, except those which cannot be lawfully excluded, are excluded.
11. Limitation of Liability
11.1. Subject to any responsibilities implied by law and which cannot be excluded, EatDirect, its directors, employees, agents and contractors, are not liable to you or your clients for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising from, or referable to the services provided through the EatDirect Website, System, any Website Material, any third party material, or from access to the EatDirect Website by you, howsoever caused, whether in contract, tort, including negligence, statute or otherwise.
11.2. The liability of EatDirect for breach of a condition or warranty implied by law, and which cannot be excluded, is limited, to the extent possible and at EatDirect's option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.
11.3. EatDirect does not accept any liability for a confirmed order that is not available at arrival time due to clerical or administrative errors on the part of you or your staff.
13. Copyright and Trademarks
13.1. Copyright in the Material on this Website is owned or licensed by EatDirect.
13.2. Except where necessary for and incidental to viewing the Material on this Website via your web browser, or as permitted under the Copyright Act 1968, or other applicable laws, no Material on this Website may be copied, reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of EatDirect.
13.3. Third party trademarks are trademarks of the respective third parties.
14. Use of the EatDirect Website/System
14.1. You must not use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the EatDirect Website/System, or any of the content contained within, without EatDirect's prior written permission;
14.2. You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the EatDirect Website/System or any transaction or process being conducted on or through it;
14.3. You must not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the EatDirect Website/System; and
14.4. You must not reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the EatDirect Website/System.
15.2. All data held by EatDirect can by written request to be supplied in a CSV format for you to meet all legal requirements of holding customer and transaction data.
15.3. If you wish to cancel your services, you must give 90 days' notice in writing by email email@example.com with the request to Cancel, and a copy of your signed contract. For avoidance of doubt any fees due within the notice period must be paid and services will stop at the end of the time paid for.
15.4. No fees paid will be refunded at any time.
16. Acceptance and Changes to Terms
17.1. All prices listed on the EatDirect Website are in Australian Dollars, unless otherwise indicated.
17.2. This agreement, the EatDirect Website/System, and the acquisition of products and services via EatDirect, are governed by the laws of Great Britain.
17.3. You irrevocably submit to the exclusive jurisdiction of the courts of Great Britain, and courts of appeal from them, for determining any dispute concerning this agreement, the EatDirect Website/System, or the acquisition of products and services via EatDirect.
17.4. You irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
18. Terms-of-Use Specific to GDPR
To the extent that EatDirect acts as a "Processor" to you as a "Controller", in relation to your Data originating from the EEA, the following terms apply and form part of your agreement ("Agreement") with us regarding the use of EatDirect.
19. Compliance with your Instructions
EatDirect may only process Personal Data in connection with its performance of Services pursuant to the Agreement, or as otherwise instructed by you or required by applicable law. If we receive an instruction by you that in our view may be illegal or contradict the GDPR we will inform you in a timely manner.
The subject-matter, duration, nature and purpose of the Processing, types of Personal Data and categories of individuals will be the same as for the relevant Services to which the Processing relates. EatDirect may aggregate or anonymise your Data for the purpose of product or service improvements, data science and reporting.
EatDirect has implemented and continues to maintain commercially reasonable technical and organisational measures for the EatDirect Services that are designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, disclosure or access. EatDirect will notify you of a data security incident per the requirements of the GDPR.
21. If you are Audited
Upon your request, up to once a year, EatDirect will assist you in gathering the information needed, this will consist of data extracts in CSV format to allow you to meet your legal requirements for audit purposes.
22. Receiving Assistance from Us
EatDirect will provide you reasonable assistance to allow you to demonstrate your compliance with obligations pursuant to this Agreement in respect of notifying Personal Data Breaches to a Supervisory Authority and individuals and conducting Data Protection Impact Assessments.
23. If we receive an Individual Request
EatDirect will notify you of requests received directly from individuals in relation to the processing of their Personal Data, unless prohibited from doing so under applicable law. EatDirect may, but is not required to, acknowledge receipt of such request and ask additional questions to determine the identity and nature of the request, or may refer such request and individual to you directly, and provide you with reasonable assistance in meeting the request in a timely manner.
You are solely responsible for providing any necessary notices to, and obtaining any
necessary consents from, individuals with respect to the Processing of Personal Data pursuant to this Agreement.
24. Sub-Processors we might Use
You agree that EatDirect may use Sub-Processors to assist EatDirect in Processing Personal Data for the performance of the Services, provided that:
EatDirect imposes no less stringent duties on such Sub-Processors regarding security and confidentiality of Personal Data as those set out in this Agreement.
EatDirect remains responsible to you for the performance of the relevant Services by the Sub-Processor.
EatDirect maintains a list of such Sub-Processors, and provides you with reasonable notice of any addition of Sub-Processors. In order to receive such notice, you may be required to sign up to a notification procedure. You accept to sign up to such procedure if so requested and that your failure to do so may result in missing the deadline to object to new Sub-Processors. You may within five (5) business days of receiving a notice, object to the involvement of such new Sub-Processor in the delivery of the relevant Services through providing notice (via email to) of objective justifiable grounds related to the ability of such Sub-Processor to protect the Personal Data or comply with data protection requirements applicable to Sub-Processor. In the event that the objection is not unreasonable, the Parties will work together in good faith to find a solution to address such objection within five (5) business days, including but not limited to reviewing additional documentation supporting the Sub-Processors' compliance or trying to make the Services available without the involvement of such Sub-Processor.
25. Return and Deletion of Personal Data
Upon termination or expiration of the Services, EatDirect will make available Personal Data maintained by EatDirect for a duration of three (3) months to allow you to retrieve, where reasonably, and technically feasible, your Personal Data in a commonly used format set out by EatDirect. After such period, EatDirect may destroy or otherwise render inaccessible, at our discretion, such Personal Data from the production environment of the Services, except as may be required by law. Actions set out in this section are at your sole cost.
We may make changes to this Agreement from time to time as necessary to reflect changes in our business or legal and regulatory requirements. Changes we make will become effective when we publish a modified version of the Agreement on our websites. If you continue using the Services after any changes, it means you have accepted them. If you do not agree to any material changes, you must stop using the Services, and you can terminate your account by emailing firstname.lastname@example.org.
Terms updated 11 April 2020