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Terms and Conditions
EASI Consumer User - Australia

Updated: 06 August 2020

Welcome to EASI. EASI Delivery is originated in Australia and is operated under EASI Australia Pty Ltd (ACN 628 727 060). Please read this agreement (The “Agreement”) carefully when using EASI mobile application (“EASI App”). The Agreement constitutes all Terms & Conditions with legally binding effect between you as an EASI App consumer User (the “User” or “You”) and EASI Australia Pty Ltd (the “Company” or “We”).

1. Your Acknowledgement

By accessing https://www.easi.com.au (the “Website”), downloading, installing, or using EASI App, you as the user are deemed to be:

  1. a) a legal person under the Laws of Australia who can register and create a user account on EASI mobile application (“EASI App”) therefore establish a legally binding relationship with the Company.
  2. b) fully understand and agree to be bound by the Terms and Conditions set out in this Agreement.
  3. c) the authorised legal person to enter into the Agreement as the User of EASI App for making orders, payments, and any other means of using the EASI App.
  4. d) fully understand the Company acts merely as a middle agent to link you as the consumer User to Company’s Merchant Partners (the “Merchant User” or “Restaurant Partners” or “the Suppliers”) such as restaurants, supermarkets and other retailers via EASI App to order items to be delivered to your doorstep. EASI is an independent party to the Merchant User and does not provide any warranty as to the quality or suitability of the products such as foods, beverages and groceries offering in EASI App listings.
  5. e) fully understand the Company does not provide actual delivery service, which means all delivery services are conducted by Company’s Delivery Partners (the “Delivery Driver User” or “Delivery Partners” or “Delivery Drivers”) who work as independent contractors. The Company only facilitates the delivery service via EASI App so that your order can be delivered to your doorstep.
  6. f) relying on your own judgement of the choice of any products, produces, eateries and groceries. Your such decision is not made based on the information or advertisement presented on EASI App.

2. Services

Under this Agreement, EASI provides the Services to connect you to the Suppliers and allow you to order Items for delivery by EASI’s Delivery Drivers. Through EASI App, we act as a facilitator on behalf of our Restaurant Partners to complete your order and then facilitate your order to be delivered by our Delivery Partners.

EASI is independent from the Suppliers and does not provide any warranty as to the quality or suitability of the food, beverage, groceries or other items in the listings. Therefore, EASI does not represent or endorse any Suppliers featured on EASI App or the website.

EASI does not provide actual delivery services. The delivery services are provided by independent Delivery Drivers who are EASI App’s Delivery Partners.

Any dissatisfaction with the quality or service of the products/produces purchased and/or delivered through EASI App, should be directed to the relevant Suppliers (Restaurants) and/or Delivery Drivers directly.

The Services are made available solely for your personal, non-commercial use, unless EASI has agreed with you otherwise in a separate agreement.

The Services may be made available or accessed in connection with third party services and content that EASI does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. EASI does not endorse such third-party services and content and in no event shall EASI be responsible or liable for any products or services of such third-party providers.

The Services and all rights therein are and shall remain EASI’s property or the property of EASI’s licensors. Neither these Terms nor your use of the Services convey or gran to you any rights:

  1. a) in or related to the Services except for the limited license granted above; or
  2. b) to use or reference in any manner EASI’s company names, logos, product and service names, trademarks or services marks or those of EASI’s licensors.

3. User Account

By using the Services via EASI App, you will need to create a User Account by downloading the EASI App in consumer version with a description of “food delivery” on either the Apple App Store or Google Play Store. You must be at least 18 years of age, to obtain an Account. If you choose to create ‘the Account’, you are required to create a password, or other secure login method, and provide EASI certain personal information, such as your name, address, mobile phone number, and at least one valid payment method. You must agree to maintain accurate, complete, and up to date information in your account. It is your responsibility to keep your password and / or other secure login method secretly in order to prevent others from accessing your email account or mobile phone. You must not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or delivery services from third party Delivery unless they are accompanied by you. Your account is not transferable, and you may only access or use the Services for unlawful purposes (e.g. no transport of unlawful or hazardous materials). If another person uses these methods to access your account, you will be responsible to pay any Items they order, and EASI is not liable for any other losses you suffer, unless the person using your password obtained it in that we did not keep it secure.

You may close your account permanently at any time by logging out and remove EASI App from your device completely. We reserve the right to suspend your account, or close it permanently, if we believe that your account has been used unlawfully or by someone else. We may also close your account if in our opinion you are abusing our Services, for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason.

4. Placing Orders

When you place an order from any Foods or Goods Service Provider (Suppliers) through the EASI App, that order is fulfilled by the Service Provider and not by the Company. The Company is not responsible for the Foods or Goods supplied by the Service Provider and has no responsibility or liability for acts or omissions by any Service Provider (Supplier). EASI has no responsibility or liability for acts or omissions by any Suppliers other than as stated in this Agreement.

Once an order is placed via EASI App, a text message will be sent to your mobile for order confirmation within a short period of time. If you do not receive the order confirmation more than 15 minutes after the order is placed, the system may automatically cancel your order and a refund will be processed by the third-party payment portal (i.e. Adyen). This may be caused by the Supplier who did not accept your order within the required time frame (i.e. 15 minutes). The contract for delivering your Item you have ordered will take effect when you received the order confirmation text message.

You are responsible for paying through your registered App account for all Items ordered including delivery charges, even if you have ordered the Item for someone else. Some Suppliers may operate under below listed circumstances:

  1. 1) a minimum order amount policy which will be displayed on EASI App.
  2. 2) supplied items are subject to availability which may not be displayed on EASI App.
  3. 3) may use special sauce or spice in the preparation of certain Items which may not be displayed on EASI App.

For any above listed reasons, should you have any special needs or allergic status, you will need to note on your order, or you may need to contact the Supplier (the restaurant) directly. EASI cannot guarantee that any of the Items sold by the Suppliers are free of allergens.

5. Delivery

We do not provide Delivery service directly and only act as an agent on behalf of the Supplier to conclude your order from EASI App and to manage your experience via the order process. Once you placed an order, your Items will be delivered to you by our Delivery Partner. Our Delivery Partners are third party contractors who provide delivery services between our Suppliers (i.e. restaurant) and you (the ‘Customer’). Some of our Suppliers may operate independently for delivery service by having their owner Deliver drivers/riders to provide delivery service only for their supply.

There are basically two types of delivery service, the on-demand delivery service, and the scheduled delivery service, being provided by our Delivery Partners via EASI App.

When you order any food, beverages or other items from a Supplier via EASI App, that order will be fulfilled by a relevant Supplier (and not by EASI) and the delivery will be completed by a third-party Delivery Driver/Rider. EASI App is merely a marketplace to have your order interacted between the Suppliers and the Delivery contractors and has no responsibility or liability for acts or omissions by any third-party contractors unless as stated herein.

  1. 1) On-demand Delivery – it is an ASAP type of Delivery which means the delivery will take place once the order is confirmed. Your order will be only delivered to the address nominated by you on your account. You may have more than one address stored, however in this instance, you must ensure you choose the correct address for the order you commit. Once the order is completed you cannot change the delivery address and any request of changing the delivery address is not accepted as the App has already automatically allocated the confirmed order to a Delivery Driver/Rider, and you will be charged the full price for the Item you ordered plus delivery charge.
  2. 2) Scheduled Delivery – is the date a shipment is scheduled for delivery. Usually this type of delivery is carried out by Supplier directly and the Scheduled Delivery date is predetermined by the Supplier and is displayed on Supplier’s online shop. If an exception occurs that changes this date, a rescheduled delivery date will be provided and notified via text message.

Under the below listed circumstances, you may be still charged for the ordered item and the delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons that you might cause a delivery to fail include (but are not limited to) are as follows:

  1. (a) You do not come to the door, did not pick up the phone when the Delivery Driver User contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the Delivery Driver User is unable to find a safe location to leave the food.
  2. (b) The Delivery Driver User suspects that your age is under 18 and refuses to deliver the Item to you when the Items are related to alcoholic beverages.

6. Prices and Payment

  1. a) Prices include GST or other applicable consumption taxes outside Australia. You will need to understand that the prices from menu items displayed on EASI App may differ from the prices offered or published by the Supplier for the same menu items and / or from prices available at other third – party websites, and that such prices may not be the lowest prices at which the menu items are sold. To the extent permitted by law, EASI has no obligation to itemise its costs, profits or margins when publishing such prices. EASI reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement. EASI may operates dynamic pricing some of the time, which means prices of Items and delivery may change while you are browsing. Prices may also change at any time at the discretion of the Supplier (Merchant user). EASI reserves the right to charge distinctive service fees on using online payment methods, which the service fees may be subject to change. Any applicable service fee is displayed on the App before you are finalizing your payment on the checkout page of the EASI App.
  2. b) Payment will be processed by the Company, using preferred payment method designated in your account. In rare cases, we accept cash payment when you place your order. The most prevailing method of the payment when you place your order via the EASI App is to adopt the online payment method. We have partnered with several online payment service providers, by which you are able to use the specific online payment methods such as Visa, Master, Apple Pay, WeChat Pay, Alipay, and UnionPay. Without a doubt, you can bind your Visa Card and Master Card to your Account to proceed with the payment in the EASI App. We act on behalf of the Supplier (the Merchant user) and the Delivery Drivers to collect the payment from you. The amount of the payment will include the Supplier’s charges on the ordered items, the delivery charges by the Delivery driver plus the online payment surcharge. You may request a tax invoice via EASI App after the order has been completed. Upon your request, the tax invoice of the order will be sent to your email account which is linked to your EASI App account.

By placing your order via the EASI App, you will be charged for the Item and delivery fee on a GST or other applicable consumption taxes exclusive basis. Charges will be inclusive of applicable taxes where required by law. Charged paid by you are final and non-refundable, unless otherwise determined by EASI or required by the local consumer law. Refund Policy will be explained in Clause 9. You may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. All charges are due immediately and payment will be facilitated by EASI using your preferred payment method designated in your Account, after which EASI will send you a text message or in-app notifications to inform you the process and status of your order. If your preferred payment method is determined to be expired, invalid or otherwise not able to charge, you agree that EASI may use a secondary payment method in your Account, if available.

7. Cancellation

Your order can be cancelled without charge at any time prior to the EASI’s Supplier (i.e a restaurant) has started preparing your food. If you wish to cancel an order before it becomes a prepared order, please contact us by using the contact number in the Recitals immediately. If the Merchant User confirms the order is not a prepared order, we will refund your payment using the same payment method which you have used for paying the order (excluding any discount, voucher that is applied to the order). If you intend to cancel any order after it becomes a prepared order, you will be charged for the Item in full, and if the assigned Delivery Driver User has been despatched you will also be charged for the delivery fee. EASI may notify you that your order has been cancelled at any time. You will not be charged for any orders cancelled by EASI or the EASI’s Merchant User, and we will reimburse you for any payment already made using the same method you used to pay for your order.

8. Refund and Return Policy

To the extent permitted by law, charges paid by you for completed and delivered orders are final and non-refundable and EASI has no obligation to provide refunds or credits. Nothing in this clause takes away from any rights you may have under the Australian Consumer Law.

You have a legal right to receive goods which match their description as close as possible, which are of acceptable quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the items you have been delivered do not comply with these legal rights, please let us know as you have a legal right to have the issue remedied. We may request a photograph showing the problem if it is something that can be seen by inspecting the items. We will remedy any failure in accordance with your legal rights. This may include providing a refund or account credit (in the form of voucher etc.) in respect of the affected, unless we have reasonable cause to believe that the problem was caused after delivery. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, your account history, the actual facts on delivery and information from the Supplier and the Delivery Driver when determining the remedy that will apply in the circumstances. This process may take at least 14 working days to complete.

EASI reserves to right to determine, within reasonable ground, appropriate compensation for errors made by EASI, the Merchant User and the Delivery Driver User.

In the event that EASI, the Merchant User and the Delivery Driver User are required to be jointly liable for the refund, EASI will reserve the right of final interpretation.

In the event of no governmental regulations and rules can be referred to, you agree to follow EASI’s return policy as follows:

  1. (a) apply for the return within 1 hour if it is an ordinary meal take-out order;
  2. (b) apply for the return within 1 hour if it is a fresh food order; and
  3. (c) apply for the return within 24 hours if it is a grocery store order.

9. Disclaimer of Liability

You acknowledge that your use of the EASI App/Website is at your sole risk. The EASI App/Website is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the EASI App/Website. This site and all contents of the App/Website are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the EASI App/Website, and that EASI shall not be liable for any damages of any kind related to your use of the EASI App/Website

We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of EASI. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of your network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the EASI App/Website.

EASI’s App, website, software, and services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Subject to the Non-Excludable Provisions and to the maximum extent permitted by Law, EASI is not responsible for any delays, delivery failures, or other economic damage resulting form such problems.

10. Delivery of Alcoholic Beverages

We hereby expressly clarify that we do not sell and/or supply any alcohol directly. However, you may have the option to request delivery of alcohol products in some locations and from certain Food Service Providers. If you are placing an order which contains alcoholic beverages in Australia, you expressly acknowledge and agree that you are at least 18 years old or above in Australia or satisfy the age restriction laws or regulations regarding using alcoholic beverages in other counties and will provide proof of age or any government-issued identification card at the time of delivery.

EASI reserves the right to refuse to deliver any alcohol to any person for any reason whatsoever and including but not limited to refusing delivery to a person(s) who EASI reasonably believe are intoxicated, drunk or disorderly, refusing delivery to specific buildings for access or safety reasons, or refusing delivery because EASI reasonably believes that the alcoholic beverages will, may or are likely to be supplied to persons under the age of 18 years following delivery or who does not appear, or cannot prove they are, aged 18 or over. EASI also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of drugs.

In the event that EASI is unable to deliver the alcohol or complete the delivery service as a result of your failure to comply with this clause or to complete the delivery will or may cause us to contravene the relevant legislation or regulations relating to the sale and supply of alcohol, we will immediately discontinue the delivery and return the alcoholic beverages to the suppliers.

11. Limitation of Liability

Under no circumstances will EASI be liable for any losses or damages whatsoever (including death injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information or opinions contained in the EASI App/Website. To the extent permitted under the locally applicable Consumer Laws, EASI excludes all the liabilities (negligent or otherwise) to uses of the EASI App/Website or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of system or process of date) arising from or in connection with any use of the information in the EASI App or on the Website.

12. Copyrights, Trademarks and other Intellectual Property Rights

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the EASI App/Website, are copyrights trademarks and/or other intellectual properties owned, controlled or licensed by the EASI App/Website. The EASI App/Website as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by EASI.

All other trademarks, service marks, product names and company names or logos appearing on the App/Website are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.

The materials on the EASI App/Website, and the EASI App/Website as a whole, are intended solely for personal, noncommercial use by you. You may download or copy the downloadable materials displayed on the EASI App/Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the EASI App/Website, the EASI App/Website as a whole, or any related software without the prior written permission of EASI.

All comments, feedbacks suggestions, ideas and other submissions disclosed, submitted or offered to EASI or otherwise disclosed, submitted or offered in connection with your use of the EASI App/Website shall be and remain EASI’s property. Such disclosure, submission or offer shall constitute an assignment to EASI of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.

13. Privacy and Data Protection

In using EASI App, website, software, or services, you may give the Company personal information and permit the Company to collect personal information about you. As the EASI’s Consumer User, you consent and authorise EASI to use such information in connection with any online or offline offering or any electronic mail that we collect about you will be used to provide a more personalized purchasing experience. By using the EASI App/Website, you consent to the collection, use and management of this information by EASI.

14. Modification

EASI may from time to time change, move or delete portions of, or may add to the Terms that govern your use of the EASI App and Website. Such changes, deletions or additions shall be effective immediately upon notice thereof. We will use reasonable endeavours to notify you of the change either via e-mail or through a notice published on the EASI App or Website. Any use of the EASI App or Website by you after such notice shall be constitute acceptance by you of such changes, deletions or additions.

15. Legal Compliance

You agree to use the EASI App/Website for lawful purposes only. You shall not transmit through the EASI App/Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to the EASI App/Website for any breach of this provision or any other provision of this Agreement.

16. Governing Law

The supply of Services and application(s) and website(s) set out in this Agreement is provided and controlled by EASI in Australia. The Federal Laws of Australia and the State Laws will govern all the terms, conditions and disclaimers on the EASI App/Website, including this Agreement without giving effect to any principles of conflicts of laws. Both you and EASI agree to submit to the non-exclusive jurisdiction of the courts of all the states in Australia or any other courts which may have jurisdiction to hear appeals therefrom.

17. Dispute Resolution

In the event of a dispute arising in respect of any aspect of these terms and conditions, you and EASI agree to refer the matter to mediation as provided below and only upon failure to settle the dispute through mediation will you and EASI initiate legal proceedings with respect to the same. The mediation procedure is as follows:

  1. (a) a party may commence mediation by serving a mediation notice on the other party;
  2. (b) the notice must state that a dispute has arisen and identify the nature of the dispute;
  3. (c) the parties must jointly request appointment of a mediator. If the parties fail to agree on the appointment within 7 days of service of the mediation notice, either party may apply to the President of the Law Institute of Australia or the nominee of the President to appoint a mediator;
  4. (d) once the mediator has accepted the appoint the parties must comply with the mediator’s instructions;
  5. (e) if the dispute is not resolved within 30 days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases;
  6. (f) The mediator may fix charges for the mediation which charges must be borne equally by the parties.

18. General

  1. a) No joint venture, partnership, employment, or agency relationship exists between you, EASI or any third-payment provider as a result of this Agreement or use of EASI App.
  2. b) EASI may subcontract any of its obligations under this Agreement without your prior written consent.
  3. c) EASI may from time to time vary, modify or discontinue, temporarily or permanently, any or all of the website, application or software.
  4. d) You consent to receive communications from EASI in an electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to your electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

19. Contact Information

For further questions regarding this Agreement, please contact [email protected]