Terms and Conditions

Acceptance of Terms

Your use of services offered by Orderliv (referred to Services in this document) is subject to the terms of a legal agreement between you and Orderliv. This page explains how the agreement is made up, and sets out some of the terms of that agreement (referred as Terms of Service (TOS) in this document). The name ' Orderliv ' has been used interchangeable with ' Orderliv.com'. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms of Use. You can accept the Terms by: Clicking to accept or agree to the Terms, where this option is made available to you by Orderliv in the user interface for any particular Service Actually using the Services. In this case, you understand and agree that Orderliv will treat your use of the Services as acceptance of the Terms from that point onwards

TERMS OF USE

These terms (Terms of Use) govern your use of Orderliv website, References to the website includes http://www.orderliv.com or any other site, services (including web services), software, applications or media managed by Orderliv . Your use of the Orderliv website constitutes your acceptance of these Terms of Use. In using the website or App you affirm that you are 18 years or older, or possess legal parental or guardian consent, and are fully able and competent to give the undertakings set out in these Terms of Use, and to abide by and comply with these Terms of Use. If you do not agree with the Terms of Use, do not use the website, App or order online.

What Orderliv offers ?

Orderliv provides the following services through our website and apps:

Our website content

The Orderliv website may include content, information or links to third parties or third party websites such as menus of local restaurants or Shops, photos and reviews of their food.There will be instant and survey based recommendations , while doing so we are just recommending the products to our users and it is on their personal good Judgments to purchase, book ,order online or use the product. orderliv hold no liability in doing so. Orderliv has not verified the accuracy of the content or information obtained from third parties and posted on its website, such as our Participating Restaurants. Orderliv makes no warranties about information provided by third parties or hosted on third party websites with the exception of the Price Guarantee which relates to Orderliv refunding you the difference between the listed delivery menu item(s) price on the website and the price from ordering the same delivered item(s) directly from the Participating Restaurants if the price listed on the website is higher. In this case, the lower price cannot be associated with specials or vouchers or errors in the menu by the Participating Restaurants. Orderliv does not charge the users of its website for ordering food online. However in addition to the value of the chosen dishes some Restaurants may have a minimum order value or a delivery fee that may vary between different suburbs. These fees and restrictions are not extra fees or restrictions from Orderliv. They are conditions set up from our Partnering Restaurants for their delivery business and are not under the influence of Orderliv Nor does Orderliv endorse any content provided by third parties or posted on third party websites. That information and those links may be used by you at your own risk. Whilst we hope that you will have a good experience ordering food or beverages through our website or apps, Orderliv does not warrant that any food or beverages supplied by Participating Restaurants is safe and fit for consumption. By accepting these Terms of Use you agree to relieve Orderliv from any liability whatsoever arising from your use of information from a third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant or shops. Orderliv recommends that before you use a third party website, that you read and accept the privacy policy and terms and conditions of use (if any) which apply to that website.

No Endorsement of Content

Some of the content available through the Properties may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party material before or after including them on our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates. Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

Using our online ordering service

If you use the online ordering features of the website, then:

Using our website

Orderliv provides its permission for you to access its website in accordance with these Terms of Use provided that you:

Orderliv do not warrant that your use of the online ordering service or website will be uninterrupted and we do not warrant that any information (or communication) transmitted via the online ordering service or website will be transmitted reliably, accurately, in a timely manner or at all. The website and app, as well as the online ordering services, provided by Orderliv are provided on an as is basis and may be subject to delay or downtime.

Orderliv do not give warrant that the online ordering service or website is free from viruses or anything else which may have a harmful effect on any technology. Additionally, whilst Orderliv will try to allow uninterrupted access to the online ordering service or website, access to the online ordering service or website may be suspended, restricted or terminated at any time

Orderliv reserves the right to substitute, change, suspend, modify or remove without notice any information or service on the website or forming part of the online ordering service from time to time. Your access to the online ordering service and/or website may also be occasionally restricted to allow for repairs, maintenance or the introduction of new services. Orderliv will endeavour to restore such access as soon as practicable. Orderliv assumes no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). Orderliv may also withdraw any information from the online ordering service or website at any time. Orderliv reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Terms of Use. When you are visiting our website, we may eventually store so called 'cookies' on your computer to offer you a better functionality. These cookies contain pieces of information that help us remember you as our customer including information from your previous orders. The use of cookies is industry standard and they are common at almost every internet shop or website.

Registration and accounts

You must register with Orderliv and open an account with us if you want to use the online ordering facility provided through the website or apps. This is so that we can provide you with easy access to view your order, view your past purchases and modify your preferences Orderliv reserves the right to decline a new registration or to cancel an existing registration at any time To register you need to input on the website personal information which may include your name, delivery address, contact details, payment details and other personal information that may be offered on the site from time to time. The Privacy Policy sets out how we will handle your personal information. When you have successfully registered with Orderliv, you will either be asked to enter a user defined password at time of creation or automatically be allocated a password for your account. It is your responsibility to keep the password confidential and immediately notify us if you suspect any unauthorised use of your email address or any breach of security, or if any authorised third party becomes aware of that password. You agree that if you disclose to any person your user name or password, they are authorised to act as your agent for the purposes of using (and/or transacting via) on the website. You are entirely responsible if you do not maintain the confidentiality of your password and Orderliv is not liable to you if another person orders food or beverages on your behalf after stealing your password.

Orderliv requires that all accounts must be registered with a regularly accessed, valid personal email address, so that we can communicate with you. We reserve the right to close without notice, any accounts which have been registered with someone else's email address or with temporary email addresses. Users may be required to re-validate their accounts if we believe they have been using an invalid email address.

If any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Australian user pretends to be a user, or disrupts the website in any way, we reserve the right to close their account(s).

Reservation Services

We may make a reservation service accessible through the Orderliv Properties. When using such reservation service, you will be redirected to a reservation site powered, branded and hosted by our partners or licensors. In such event, your restaurant reservation transaction will be governed by the terms of service and privacy policy applicable to the corresponding third party partner or supplier.

The Reservation Service is provided by Orderliv for your personal use only. You may be prompted to create an account for the Reservation Service in order to use some of the features of the Reservation Service. You may use the Reservation Service to secure dining reservations at participating third party restaurants (each a Restaurant). Use of any personal information you provide to us while using the Reservation Service is governed by our Privacy Policy. Similar to any other account you may have created on the Properties, you are entirely responsible for maintaining the confidentiality and security of your account and you are responsible for all changes and updates submitted through your account and all activities that occur in connection with your account.

In making your dining reservations, you represent to us that all information provided to us in such process is true, accurate and correct. You also agree to only make one (1) reservation per person during any individual meal time (for example, lunch, dinner etc.), and agree not to resell or attempt to resell a reservation. You acknowledge that any false booking of dining reservations may cause Orderliv or the Restaurants to incur substantial economic damages and losses for which you may be held accountable.

In connection with your use of the Reservation Service, you may receive communications from us and/or the Restaurant, including, but not limited to, reservation confirmations, reminders, request for feedback, no-show and cancellation confirmations or any other correspondence relating to your reservation or dining experience. Such communications may be via phone, email, or other method as determined by us or the Restaurants.

In the event you need to change your reservation, you may follow the instructions outlined by Orderliv, if any, or contact the Restaurant directly. If you need to cancel a reservation, you may cancel through the Reservation Service or by calling the restaurant directly. All reservations must be canceled at least one (1) hour in advance of the reserved time on the day of the reservation.

If you are unable to keep your reservation, and you fail to cancel in accordance with procedures provided herein or by the Restaurant, we may send you an email informing you that our records indicate that you were a no-show. We reserve the right to suspend access to or close your account at any time for any or no reason.

Orderliv reserves the right to refuse service, terminate, your access to the website, or online ordering, remove or edit any content or cancel your orders in its sole discretion and without notice to you.

Submitting information to our website and apps

Orderliv may enable users of the website, its applications or any software now or in the future to submit written works, photos, or videos (User Submissions) or host, share or publish User Submissions. All User Submissions once submitted to our website or through social media managed by Orderliv become the property of Orderliv. Orderliv reserves the right not to post the User Submissions to its website or to change the User Submissions in any way it sees fit..

You agree that Orderliv may publish your name and submissions on the website, Orderliv's social media or in any other media. You also agree that Orderliv does not guarantee the confidentiality of any User Submissions whether or not they are published on the website, its applications or other software. You agree that Orderliv does not endorse any User Submission and disclaims all liability in connection with a User Submission.

You agree not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Orderliv all of the licence rights granted herein. You agree not to submit information which is false or misleading, unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be consider a criminal offence. You agree not to use the website to post advertisements or solicitations of business without our prior written consent. You agree that you will not impersonate another person when using the website.

In connection with your own User Submissions, you represent and warrant that you own or have the necessary licences, consents and permissions to use and authorise Orderliv to use all patent, trade mark, trade secrets, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Use.

You also warrant that you have the consent of each and every identifiable person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Orderliv. By submitting the User Submissions to Orderliv, you hereby grant Orderliv a perpetual, worldwide, royalty free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and Orderliv's business, including without limitation for promoting and redistributing all or part of the website (including derivative works) in any media formats and through any media channels.

You also hereby grant each recipient of any User Submission a non-exclusive licence to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform use User Submissions as permitted through the website under this Terms of Use.

Orderliv does not permit copyright infringing activities and infringement of intellectual property rights on its website. Orderliv will block and remove all content and User Submissions if properly notified that such content or User Submissions infringes another person's intellectual property rights. Orderliv reserves the right to remove content and User Submissions without prior notice Orderliv also reserves the right to terminate, without notice, a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of activity which infringe these Terms of Use on one previous occasion and/or has had a User Submission removed from the website.

Intellectual Property rights

All of the content of the website, including all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features and the like, but other than the User Submissions, (Content) and the trade marks, service marks and logos contained therein (Marks) are owned or licensed to Orderliv. You shall not, and shall not attempt to, obtain any title to any of the Content or Marks. You agree not to engage in the use, copying, or distribution of any of the Content or Marks other than expressly permitted in these Terms of Use including, without limitation, using, copying, distributing, displaying, reproducing or transmitting in any form or by any means without the prior written consent of Orderliv.

You may retrieve and display the content of the website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise copy, reproduce, modify or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the service without our permission.

If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein. Orderliv reserves all rights not expressly granted in and to the website and the Content and Marks.

All rights (including good will and, where relevant, trade marks) in the Orderliv name are owned by us or licensed to us. Other product and company names mentioned on the Website are the trade marks or registered trade marks of third parties.

Title, ownership rights and intellectual property rights in and to the content accessed using the services provided by Orderliv is the property of the applicable content owner or restaurant and may be protected by applicable copyright or other law. Subject to the limited rights described above, this Terms of Use gives you no rights to such content.

Search Engines

Orderliv consents to operators of publicly available search engines, such as Google and Yahoo!, to use software applications, such as spiders, to copy materials from the website solely for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Orderliv reserves the right to withdraw that consent in full or in part at any time.

Indemnity

You agree to indemnity Orderliv, its related bodies corporate, affiliates, and the officers, directors, employees and agents of those entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expense (including but not limited to legal fees) arising from:

Limitation of Liability

To the maximum extent permitted by law, the liability of Orderliv to you for any losses arising in relation to these Terms of Use or the use of our website or apps as a result of our breach of these Terms of Use or our negligence shall not exceed $25. Orderliv is not liable for any consequential losses, special losses, or indirect losses arising from your use of its services, website or apps.

Orderliv is not responsible for any photographical or typographical errors in relation to any detail or description of a particular restaurant. Orderliv takes no responsibility for any bad experiences or bad food at any of the restaurants you dine from. Since Orderliv does not have and never will have any contractual involvement in your orders or other dealings with the Participating Restaurant, Orderliv is not required to involve itself in the resolution of any dispute that arises between you and any Participating Restaurant.

Orderliv disclaims any liability for the acts, errors or omissions of any third party users, advertisers or sponsors on the Orderliv site. Orderliv is not responsible for the products, services, actions, errors or omissions of any product or service provided by any third party, such as a Participating Restaurant, in relation to the Orderliv site.

Changes to these terms

Orderliv may, in its discretion and subject to law, amend or otherwise modify the Terms of Use from time to time. Orderliv recommends that you carefully read, each time you visit the website, the Terms of Use as they may affect your rights.

Coupons,Vouchers and Promotions

Orderliv may from time to time offer vouchers, promotions or gift cards to its members free of charge or for value. Orderliv may from time to time permit Participating Restaurants to offer their own vouchers or promotions for use in conjunction with ordering their food or beverages.

Any vouchers, promotions or gift cards offered through the website or the app cannot be redeemed or refunded for cash with Orderliv or use beyond their respective expiry dates. You are solely responsible for the security of any vouchers, promotions or gift cards that you open through using the website or the app. Orderliv is not responsible for any loss or damage to those vouchers, promotions or gift cards and does not have any obligation to replace them.

Orderliv has no obligation to redeem any vouchers, promotions or gift cards which appear in its sole opinion to have been tampered with or forged.Members may not sell, auction, alter, duplicate,transfer, distribute or otherwise use the site ( including but not limited to coupons, vouchers, points, ecash and offers) in a commercial manner.

NO MEDICAL ADVICE

Orderliv may offer health , fitness,nutritional and other such information , but such information is designed for educational and informational purpose only . The information contained on the site does not and is not intended to convey medical advice and does not constitute the practice of medicine. Members and users should not rely on this information as a substitute for, nor does it replace, professional medical advice , diagnosis , or treatment . Orderliv is not responsible for any actions or inaction on a member's or user's part based on the information that is presented on the site .

THIRD PARTY CONTENT

Orderliv Post may from time to time post content supplied by third parties and users (collectively 'Third-Party Content'). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Orderliv.

Orderliv does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below

Parental or Guardian Permission

Some of the Content may not be appropriate for children. Children under the age of 13 are not permitted to use the Services. Orderliv strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before using the Services.

Health Disclaimer

Orderliv and its Services provide diet, weight management and nutritional information and are intended only to assist users in their personal weight loss efforts. Orderliv is not a medical organization and we cannot give you medical advice or diagnosis. Nothing contained in the Orderliv Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Services are intended for use only by healthy adult individuals. The Services are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

Advertising

Some of the content available through the Properties may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party material before or after including them on our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties.

The manner, mode and extent of advertising by Orderliv on the Services are subject to change without specific notice to you.

In consideration for Orderliv granting you access to and use of the Services, you agree that Orderliv may place such advertising on the Services.

Other

The Services may include hyperlinks to other web sites or content or resources. Orderliv may have no control over any web sites or resources which are provided by companies or persons other than Orderliv.

You acknowledge and agree that Orderliv is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that Orderliv is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Disclaimers

Orderliv is not responsible for any photographical or typographical errors in relation to any detail or description of a particular restaurant. Orderliv takes no responsibility for any bad experiences or bad food at any of the restaurants you dine from. Since Orderliv does not have and never will have any contractual involvement in your orders or other dealings with the Participating Restaurant, Orderliv is not required to involve itself in the resolution of any dispute that arises between you and any Participating Restaurant.