Terms and Conditions

Last Updated: November 13, 2023

These Terms and Conditions ("Terms") govern your access to and use of the GoGoEat Pizza Delivery website, mobile applications, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

Table of Contents

  1. Eligibility
  2. Your Account
  3. Ordering and Payment
  4. Delivery and Collection
  5. User Conduct
  6. User Content
  7. Intellectual Property
  8. Disclaimers
  9. Limitation of Liability
  10. Indemnification
  11. Termination
  12. Changes to Terms
  13. Dispute Resolution
  14. General Provisions
  15. Contact Us

1. Eligibility

To use our Services, you must be at least 16 years old. If you are under 18, you must have your parent or legal guardian's permission to use our Services and they must agree to these Terms on your behalf. By using our Services, you represent and warrant that you meet these eligibility requirements.

2. Your Account

2.1 Account Creation

To place an order through our Services, you may need to create an account. When you create an account, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Account Security

You agree to:

2.3 Account Termination

We reserve the right to suspend or terminate your account and access to our Services at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.

3. Ordering and Payment

3.1 Placing Orders

When you place an order through our Services, you are making an offer to purchase the products you have selected. We reserve the right to accept or reject your order for any reason, including but not limited to:

3.2 Prices and Availability

All prices listed on our Services are in Australian Dollars (AUD) and include GST where applicable. Prices are subject to change without notice. We make every effort to ensure that our product information and prices are accurate, but errors may occur. If we discover an error in the price of items you have ordered, we will inform you and give you the option of continuing with your purchase at the correct price or canceling your order.

3.3 Payment

We accept various payment methods as indicated on our Services. By providing a payment method, you represent and warrant that:

3.4 Promotions and Discounts

We may offer promotions, discounts, or vouchers that are subject to specific terms and conditions. We reserve the right to modify or cancel promotions at any time. Promotions cannot be combined unless specifically stated otherwise.

4. Delivery and Collection

4.1 Delivery Areas

We deliver to limited areas around our store locations. You can check if we deliver to your area by entering your address on our website or app. Delivery areas may change without notice.

4.2 Delivery Times

We aim to deliver within the estimated delivery time provided when you place your order. However, delivery times are estimates only and are not guaranteed. Various factors can affect delivery times, including but not limited to:

4.3 Delivery Fees

Delivery fees may vary based on your location and will be clearly displayed before you complete your order. Additional fees may apply for orders below a minimum value or for deliveries to remote areas.

4.4 Delivery Issues

If you are not available to receive your order at the delivery address, our driver may:

4.5 Collection

If you choose to collect your order from one of our stores:

5. User Conduct

You agree not to:

6. User Content

6.1 Submission of Content

Our Services may allow you to submit content, such as reviews, comments, feedback, and ideas. By submitting content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

6.2 Content Restrictions

You are solely responsible for the content you submit. You agree that you will not submit content that:

6.3 Content Monitoring

We do not have an obligation to monitor user content but reserve the right to review and remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.

7. Intellectual Property

7.1 Our Intellectual Property

Our Services and their contents, features, and functionality, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, are owned by GoGoEat Pizza Delivery, our licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. This license does not include:

7.3 Trademarks

The GoGoEat name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GoGoEat Pizza Delivery or its affiliates. You may not use these marks without our prior written permission.

8. Disclaimers

8.1 Services "As Is"

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Guarantees

GoGoEat Pizza Delivery, its subsidiaries, affiliates, and licensors do not warrant that:

8.3 Food Allergies and Dietary Restrictions

While we make efforts to provide information about our products' ingredients, we cannot guarantee that any of our products are free from allergens or other ingredients that may affect people with food allergies, sensitivities, or specific dietary restrictions. If you have a food allergy or specific dietary requirement, please contact our store directly before placing your order.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOGOEAT PIZZA DELIVERY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PAST SIX MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless GoGoEat Pizza Delivery, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

11. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website or app and updating the "Last Updated" date at the top of these Terms.

Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Services.

13. Dispute Resolution

13.1 Governing Law

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

13.2 Informal Dispute Resolution

Before filing a claim against GoGoEat Pizza Delivery, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days of submission, you or GoGoEat Pizza Delivery may proceed with filing a formal proceeding.

13.3 Formal Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, which has not been resolved by good faith negotiations between the parties, shall be finally resolved by the appropriate courts in Australia.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and GoGoEat Pizza Delivery regarding our Services and supersede all prior and contemporaneous written or oral agreements between you and GoGoEat Pizza Delivery.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14.3 Relationship

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and GoGoEat Pizza Delivery.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

14.5 Notices

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to our website or app or via email to the address associated with your account.

14.6 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

15. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

GoGoEat Pizza Delivery
Apt. 157 5 Olin Chase West Alycia
ACT 5929
Australia
Email: legal@gogoeat.com.au
Phone: +256992657680

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