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OrderMate Online

OrderMate Online Pty Ltd
ABN: 24 626 753 606

Terms of use

By using any of the goods or services supplied by OrderMate Online you are agreeing to the following terms and conditions which cannot be varied by any other terms or conditions without the prior written consent of OrderMate Online.

1. Definitions

1.1 "OrderMate Online" means any person or entity representing OrderMate Online Pty Ltd.

1.2 "Customer" means any person or entity that seeks goods and/or services from OrderMate Online or its clients.

3. Fee Structure

3.1 All services supplied by OrderMate Online are chargeable.

3.2 All onsite visits are chargeable with an initial call out fee and an initial payment block charged.

3.3 Payment blocks are supplied in half hour segments and are fully chargeable five minutes into any half hour.

3.4 All goods supplied by OrderMate Online will be charged additionally.

3.5 The Customer is required to know the fees for requested goods or services prior to the goods or services being provided.

4. Payments

4.1 Payment to OrderMate Online must be made by credit card or PayPal at the completion of the order being placed. Notification of the order to the requested client will not be placed nor will the supply of the goods or services be processed from our clients until payment has been processed, authorised and approved.

5. Default in Payment

5.1 If any payment has not been received by the agreed time or payment is dishonoured or reversed (for whatever reason) then the OrderMate Online service fee will still be charged.

5.2 OrderMate Online may then in its efforts to recover outstanding debt:

5.2.1 Charge interest on the outstanding amount at the rate of 2% per annum more than the rate from time to time fixed by the Penalties Interest Act 1983 and compounded monthly.

5.2.2 Charge the customer for all expenses and costs incurred in the reasonable pursuit of the debt including, but not limited to, legal fees, dishonour cheque fees etc.

5.2.3 Discontinue the supply of any goods or services currently under quote or contract.

6. Ownership and customer responsibility of goods supplied by OrderMate Online

6.1 Ownership of goods remains the property of OrderMate Online until full cleared payment for the goods has been received.

6.2 The customer takes full responsibility for the goods immediately upon delivery, this includes damages, theft or otherwise.

7. OrderMate Online warranties

7.1. Any date quoted or invoiced for the delivery of goods or completion of services are indicated only as estimates and are not guaranteed.

7.2. OrderMate Online will endeavor to remedy all problems relating to the customers requirements but does not guarantee the longevity of solutions or even being able to solve all problems.

7.3. Warranties for goods supplied by OrderMate Online from third parties will remain the responsibility of the third party.

7.4 Goods and services provided by OrderMate Online are of a technical nature and as such are subject to errors, bugs, unexpected issues, viruses and the like.

7.4.1 OrderMate Online assumes no liability for any issues relating directly, or indirectly, from such provision and the ongoing stability of any software or hardware is not guaranteed in any way by OrderMate Online.

7.4.2 Customers are advised to exercise caution in utilizing the goods or services provided by OrderMate Online by setting up appropriate precautionary measures.

7.5 OrderMate Online assumes no responsibility for any ongoing issues on a machine or device after a service has been performed. This includes issues directly, or indirectly, relating specifically to the software or hardware monitored, modified, upgraded or removed.

7.6 OrderMate Online will not be responsible in any way for any breach of any software license in respect of software provided by the Customer.

7.6 OrderMate Online will comply with its obligations under the Privacy Act 1988.

8. Customer Responsibilities

8.1 The Customer assumes sole responsibility for all data.

8.2 The Customer is required, without notice, to back up all software, data and files that are stored on its computer and/or on any other devices it may have prior to any services supplied by OrderMate Online. OrderMate Online will not be responsible at any time for any loss, alteration or corruption of any such software, data or files.

8.3 Customer must read and shall be deemed to have read the Privacy Policy and agrees and consents irrevocably to OrderMate Online's use of the customer's personal information in accordance with the Privacy Policy.

8.4 The Customer must swiftly document and report errors, faults or unexpected behaviors in the operation of any goods or any provision of the service to assist in minimizing OrderMate Online's error analysis.

8.5 The Customer is required to know the fees for any goods or services provided by OrderMate Online prior to the goods or services being provided and agrees irrevocably to adhere to the payment requirements of OrderMate Online.

8.6 The Customer warrants that it has a valid license in respect of any software and shall indemnify OrderMate Online against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of OrderMate Online installing any software.

9. Liability

9.1 To the full extent permitted by law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided or recommended by OrderMate Online under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise are hereby expressly excluded.


9.2 OrderMate Online's sole liability to the Customer for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:

9.2.1 subject to sub-clauses 9.2.2 and 9.2.3, the aggregate amount of the fees and charges paid by the Customer in relation to the breach under these Conditions as at the date of the breach;

9.2.2 in relation to goods if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974): (a) the replacement of the goods or the supply of equivalent goods; or(b) payment of the cost of replacing the goods or acquiring equivalent goods; or (c) the repair of the goods or payment of the cost of having the goods repaired; and

9.2.3 in relation to services if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974): (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again, as in each case OrderMate Online may elect.

9.3 OrderMate Online shall in no way be liable to any Customer or third party in respect of the use of (or failure or performance of) the goods or the supply of the services for:

9.3.1 Errors, failures, malfunctions or unexpected behaviours caused directly or indirectly by:
9.3.1.1 Any third party;
9.3.1.2 Actions of OrderMate Online whether or not authorised by the Customer.
9.3.1.3 Accident, misuse or abuse by anyone.
9.3.1.4 Alteration or modification of any goods by anyone.
9.3.1.5 Any hardware or software that is attached to the goods whether supplied by OrderMate Online or not.
9.3.1.6 Failure to provide the recommended operating environments for the goods.
9.3.1.7 Damage during the relocation, reinstallation or reconstruction of the goods.
9.3.1.8 Power surge or failure
9.3.1.9 Acts outside the control of OrderMate Online or acts of God
9.3.1.10 Normal wear and tear

9.3.2 The loss or damage in any way of any files, data, services, performance, hardware or the like caused directly or indirectly by the breach of any conditions set out in these conditions by the Customer or by the actions of OrderMate Online.

9.3.3 Any loss of profit, business interruption or damage of goodwill

9.3.4 The Customers liability to any third party

9.3.5 Damages of any nature howsoever arising or caused.

9.4 OrderMate Online will not be liable in any way for any loss or damage suffered by the Customer where OrderMate Online has failed to deliver any goods or complete any task by the previously agreed time or by the cancellation or suspension of any goods or services for any reason.

9.5 Any replacements of parts, under Warranty or not, will be carried out at the premises nominated by OrderMate Online.

9.6 The cost and risk for the transportation of any goods by OrderMate Online, or nominated third party, is the Customers responsibility.

9.7 Nothing in these conditions excludes, restricts or modifies in any way:

9.7.1 Liability for fraud or deceit

9.7.2 Liability for injury or death caused by negligence

10. Cancellation

10.1 OrderMate Online reserves the right to cancel the delivery of any goods or supply of any service at any time and may cancel any order by notice to the Customer in writing.

10.2 Customers cancelling the request for on-site service with less than 5 hours notice may be charged a cancellation fee up to the value of the appropriate initial fees relating to the onsite service.

11. No representation

11.1 The Customer acknowledges and confirms that OrderMate Online has not made any representations to it to enter these Conditions and does not enter under any reliance on any representation by OrderMate Online, except for representations set out in these conditions.

11.2 The Customer understands and confirms that its decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made by OrderMate Online.

11.3 The Customer has relied on its own skill and judgement in deciding to purchase and acquire the goods and services.

12. Governing law

12.1 This Agreement is governed by and must be construed according to the law applying in Victoria. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

OrderMate Online Payments & Refunds Policy

OrderMate Online may change these policies periodically when required, so check this website to stay informed of any updates. This policy is effective as of January 2016.

Payments

Although the products sold through the OrderMate Online participating websites are owned by the individual retailers, OrderMate Online is the responsible party for the collection of payment.

Payment is collected through credit cards (Visa and MasterCard), PayPal and other internet based payment gateways.

There are no trailing fees, membership or other, for any products purchased through the OrderMate Online retailer websites. The total payment amount is clearly displayed upon the final confirmation screens before placing an order. If you are unhappy with the total payment amount, then please do not confirm the order.

Once orders have been placed and paid for, they are transmitted through the internet to the requested retailer. Orders are then printed and processed by the Retailer. There is no ability to cancel an order once it has been placed.

Order and payment receipt information is displayed on the final page of the website during the order process and is also emailed through to the supplied email address.

The last 4 digits of credit card numbers are stored in our secure databases for archive and reference information. The remaining information is destroyed immediately after payment has been approved.

Refunds

In accordance with the Australian Competition and Consumer Commission and under the Trade Practices Act 1974 you may seek a refund if goods:

However, the restaurant/takeaway food establishment must be made aware of any transgression within a reasonable period, preferably on the day/night. You may be asked for proof of purchase and may also be asked to demonstrate that the problem with the goods was not of your making.

The retailer, if in agreement with the reasons for the refund, will then request a refund with OrderMate Online for the particular order number. OrderMate Online will then process the refund within one week.

Limitation of Liability

To the extent permitted by the law, the liability to any product purchased through participating OrderMate Online websites are that of the corresponding retailer. OrderMate Online assumes no liability for any products purchased through our service.

OrderMate Online Delivery Policy

OrderMate Online provides a service for its clients to offer their customers the ability to order products online. Although the service, the website and the services used are hosted by OrderMate Online, the delivery policy of each individual retailer is different.

There are two options for purchasing products through OrderMate Online; Delivery and Pickup. If you choose for your order to be picked up, then there will be no delivery and you are responsible for collecting your order. If you choose delivery, then the retailer should deliver your product within the estimated delivery waiting time. This delivery waiting time changes throughout the day depending on how busy the retailer is, traffic conditions etc. There is no guarantee made by OrderMate Online that your order will be delivered within this time frame. The delivery waiting time is to be used as a guide and it must be understood that unforeseen circumstances may result in your order taking longer than expected to be delivered.

If your order is not delivered within a satisfactory time, then you are to call the retailer with whom you placed the order to notify them of your concern. Each retailer's phone number can be found within the website.

If your order is picked up or delivered to an unsatisfactory quality, then you must bring those concerns to the retailer with whom you purchased the products from and they will deal with the matter according to their specific policies.