Important Legal Notice
This page sets out the
terms and conditions ("Website Terms") on which we, Fiji Eats ("we",
"us" or "Fiji Eats"), provide our services through our
website www.fijieats.com and any Fiji Eats mobile application through which you
access our website or services (together, "Website"). Please read
these Website Terms carefully before ordering any products through the Website,
as your use of the Website and purchase of any products offered on the Website
is subject to these Website Terms. By ordering products via the Website
(whether now or in the future) or continuing to use the Website, you agree to
be bound by these Website Terms.
We reserve the right
to change these Website Terms from time to time by changing them on this page.
We advise you to print a copy of these Website Terms for future reference.
These Website Terms are only in the English language.
Use of your personal information submitted via the Website is governed by our Privacy Policy
Currency of the transaction will be in Fijian Dollars
For the avoidance of
doubt, please note that references to "Website" in these Website
Terms include any current or future version of our website www.fijieats.com and
any Fiji Eats mobile application through which you access our website or services,
in each case whether accessed through any current or future platform or device
(including without limitation any mobile website, mobile application, affiliate
website or related website for accessing our website or services that may be
developed from time to time).
By accessing any part
of the Website, you indicate that you accept these Website Terms. If you do not
accept these Website Terms, you should leave the Website immediately, and you
will not be able to order any products through the Website.
1. Introduction and our role
1.1. Details: Fiji Eats is a platform by Shazcom Technology, having its office at Lot 3 Malawai, Votualevu, Nadi, Fiji.
1.2. Service: We provide
a way for you to communicate your orders ("Orders") for products
("Products") to delivery or takeaway restaurants
("Restaurants") displayed on the Website (the "Service").
2. Website Access and Terms
2.1. Website access:
You may access some areas of the Website without making an Order or registering
your details with us. Most areas of the Website are open to everyone.
When you use the Website or register an account, you will provide us with personal information such as your name, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
If you choose to
register an account or when you place your first order, we will provide you
with a user name and you will select a password. You are responsible for
keeping this user name and password secure and are responsible for all use and
activity carried out under this user name.
2.2. Acceptance of
terms: By accessing any part of the Website, you indicate that you accept these
Website Terms. If you do not accept these Website Terms, you should leave the
Website immediately, and you will not be able to order any Products through the
Website.
2.3. Revision of
terms: We may revise these Website Terms at any time. You should check the
Website regularly to review the current Website Terms, because they are binding
on you. You will be subject to the terms and conditions in force at the time
that you place an Order through us.
2.4. Responsibility:
You are responsible for making all arrangements necessary for you to have
access to the Website. You are also responsible for ensuring that all persons
who access the Website through your Internet connection are aware of these
Website Terms and that they comply with them.
3. Your Status
3.1 Capacity and age:
By placing an Order through the Website, you warrant that:
3.2 You are legally
capable of entering into binding contracts; and
3.3 You are at
least 18 years old.
4. How to make an order and how it is processed
4.1. Compiling your
Order: Once you select the Products you wish to order from the menu of your
chosen Restaurant and provide other required information, you will be given the
opportunity to submit your Order by clicking or selecting the
"proceed", "place my order", "checkout" or
similar button. It is important that you check all the information that you
enter and correct any errors before clicking or selecting this button; once you
do so we will process your Order and errors cannot be corrected.
4.2. Minimum Order
Amount: If a Restaurant has a minimum order amount in place, you may not place
an order with that Restaurant until the value of your Order exceeds that
amount. The minimum order amount must be met after applying any discounts or
specials that reduce the total Order amount.
4.3. Amending or
cancelling your Order: Once you submit your Order and your payment has been
authorized, you will not be entitled to change or cancel your Order online. If you wish to change or cancel your Order, you may contact the
Restaurant directly or our Customer Care team as described in paragraph 6.3 and
they will attempt to contact the Restaurant in order to communicate your requests.
However, there is no guarantee that we will be able to reach the Restaurant or
that the Restaurant will agree to your requests as they may have already
started to process your Order.
4.4. Payment
authorisation: Where any payment you make is not authorised, your Order will
not be processed by or communicated to the relevant Restaurant.
4.5. Processing your
Order and Restaurant rejections: On receipt of your Order, we will begin
processing it by sending it to the relevant Restaurant and will notify you by
email that your Order has been received and is being processed. Any
confirmation page that you may see on the Website and any Order confirmation
e-mail that you may receive each merely indicate that your Order has been
received and is being processed by us, and does not necessarily mean that your
Order has been accepted by the Restaurant. Restaurants have the discretion to
reject Orders at any time because they are too busy, due to weather conditions
or for any other reason. We encourage all our Restaurants to accept all Orders
and to communicate any rejection promptly, and we will notify you (generally by
email) as soon as reasonably practicable if a Restaurant rejects your
Order.
4.6. Delivery of your
Order: Estimated times for deliveries and collections are provided by the
Restaurants and are only estimates. Neither we nor the Restaurants guarantee
that Orders will be delivered or will be available for collection within the
estimated times. All food preparation and deliveries are the sole
responsibility of the Restaurant accepting the Order. To the extent permitted
by law, including the Fiji Consumer Law, Fiji Eats accepts no liability
associated with food preparation or delivery by the Restaurant accepting the
order.
5. Price and Payment
5.1. Taxes and delivery costs: Prices for individual menu items will be as quoted on the Website in Fijian dollars. These prices include any applicable taxes but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Restaurant (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2. Payment methods:
Payment for Orders must be made by an accepted credit/debit card through the
Website or in cash to the Restaurant at the point of delivery to you.
5.3. Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
5.4. Rejected Orders:
Once you have submitted an Order that you are paying for by credit or debit
card and your payment has been authorized, you will be charged the full amount
of your Order. If your Order is subsequently rejected by the Restaurant (as
described in paragraph 4.4 above) or cancelled for any other reason, your bank
or card issuer will refund the relevant amount. However, this may take between
3 to 5 working days (or longer, depending on your bank or card issuer). You
acknowledge and agree that neither we nor the relevant Restaurant will be
responsible or liable to you in relation to this delay by your bank or card
issuer in the release of funds back into your account.
6. Customer Care
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by emailing us or by calling the telephone number shown under the "About us" link on the Website.
6.2. Questions about
your Order: If your Order is taking longer than expected or you have any other
problems with your Order, in the first instance you should contact the
Restaurant directly. Alternatively, you can contact our Customer Care Team as
described above and one of our Customer Care Advisers will attempt to contact
the Restaurant in order to follow up on your query.
6.3. Changing or
cancelling your Order: If you wish to change or cancel your Order after it has
been submitted and payment has been authorised, you may contact our Customer
Care team as described above and they will attempt to contact the Restaurant in
order to communicate your requests. However, there is no guarantee that we will
be able to reach the Restaurant or that the Restaurant will agree to your
requests as they may have already started to process your Order.
6.4. Complaints or
feedback: In the event that you would like to express your opinion on the
quality of any Products or the service provided by a Restaurant, please
consider providing feedback in the form of ratings, comments and reviews on the
Website (together, "Reviews"). The Reviews are an important part of
our quality control process.
6.5. Refund: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant's own complaint procedures. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note that we have no control over Restaurants and the quality of the individual Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.
7. Licence
7.1. Terms of
permitted use: You are permitted to use the Website and print and download
extracts from the Website for your own personal non-commercial use on the
following basis:
7.1.1. You must not
misuse the Website (including by hacking or "scraping").
7.1.2. Unless
otherwise stated, the copyright and other intellectual property rights in the
Website and in material published on it (including without limitation
photographs and graphical images) are owned by us or our licensors. These works
are protected by copyright laws and treaties around the world and all rights
are reserved. For the purposes of these Website Terms, any use of extracts from
the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not
modify the digital or paper copies of any materials that you print off in
accordance with paragraph 7.1 and you must not use any pictures, photographs or
any other graphics, video or audio sequences separately from any accompanying
text.
7.1.4. You must ensure
that our status as the author of the material on the Website is always
acknowledged.
7.1.5. You are not
allowed to use any of the materials on the Website or the Website itself for
commercial purposes without obtaining a licence from us to do so.
7.2. Limitation on
use: Except as stated in paragraph 7.1, the Website may not be used, and no
part of the Website may be reproduced or stored in any other website or
included in any public or private electronic retrieval system or service,
without our prior written permission.
7.3. Reservation of
rights: Any rights not expressly granted in these Website Terms are reserved.
8. Service Access
8.1. Website
availability: While we try to ensure the Website is normally available twenty
four (24) hours a day, we do not undertake any obligation to do so, and we will
not be liable to you if the Website is unavailable at any time or for any
period.
8.2. Suspension of
access: Access to the Website may be suspended temporarily at any time and
without notice.
8.3. Information
security: The transmission of information via the internet is not completely
secure. Although we take the steps required by law to protect your information,
we cannot guarantee the security of your data transmitted to the Website; any
transmission is at your own risk.
9. Visitor Material and Reviews
9.1. General:
9.1.1. Other than
personally identifiable information, which is covered under our Privacy Policy,
any material you post, upload or transmit or upload to the Website (including
without limitation Reviews) ("Visitor Material") will be considered
non-confidential and non-proprietary. By posting, uploading or transmitting any
Visitor Material, you represent and warrant that you own or otherwise control
all of the rights to such Visitor Material. You agree that we will have no
obligations with respect to any Visitor Material, and that we and anyone we
designate will be free to copy, disclose, distribute, incorporate and otherwise
use any Visitor Material and all data, images, sounds, text and other things
embodied in it for any and all commercial or non-commercial purposes.
9.1.2. You represent
and warrant that any Visitor Material you post, upload or transmit does not and
will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material
Policy: You are prohibited from posting, uploading or transmitting to or from
the Website any Visitor Material (including any Reviews) that:
9.2.1. breaches any
applicable local, national or international law;
9.2.2. is unlawful or
fraudulent;
9.2.3. amounts to
unauthorised advertising; or
9.2.4. contains
viruses or any other harmful programs.
9.3. Visitor Reviews
Policy: In particular (but without limitation), any Reviews that you submit
through the Website must not:
9.3.1. contain any
defamatory, obscene or offensive material;
9.3.2. promote
violence or discrimination;
9.3.3. infringe the
intellectual property rights of another person;
9.3.4. breach any
legal duty owed to a third party (such as a duty of confidence);
9.3.5. promote illegal
activity or invade another's privacy;
9.3.6. give the
impression that they originate from us; or
9.3.7. be used to
impersonate another person or to misrepresent your affiliation with another
person.
9.4. Removal of
Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are
non-exhaustive. We reserve the right (but do not undertake, except as required
by law, any obligation) and have the sole discretion to remove or edit at any
time any Reviews or other Visitor Material posted, uploaded or transmitted to
the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3
above, is otherwise objectionable or may expose us or any third parties to any
harm or liability of any type, or for any other reason. Notwithstanding the
foregoing, Fiji Eats will not remove or edit reviews where Fiji Eats believes
that doing so would be in breach of the Fiji Consumer Law.
9.5. Use of Reviews:
The Reviews and other Visitor Material contained on the Website are for
information purposes only and do not constitute advice from us. Reviews and
Visitor Material reflect the opinions of customers who have ordered through the
Website or other third parties, and any statements, advice or opinions provided
by such persons are theirs only. Accordingly, to the fullest extent permitted
by law, including the Fiji Consumer Law we assume no responsibility or
liability to any person for any Reviews or other Visitor Material, including
without limitation any mistakes, defamation, obscenity, omissions or falsehoods
that you may encounter in any such materials.
9.6. Liability: You
agree to indemnify us against any losses, damages and claims (and all related
costs) incurred by or made against us by a Restaurant or any other third party
arising out of or in connection with any Reviews or other Visitor Material that
you provide in breach of any of the representations and warranties, agreements
or restrictions set forth in this paragraph 9.
9.7. Disclosure to
authorities and courts: You acknowledge that we will fully co-operate with any
competent authority requesting or directing us to disclose the identity or
location of anyone posting any Reviews or other Visitor Material in breach of
paragraph 9.2 or 9.3 or any other applicable restriction and you release us to
the fullest extent permitted by law from all liability in relation to such
disclosure.
10. Links to and from other Websites
10.1. Third party
websites: Links to third party websites on the Website are provided solely for
your convenience. If you use these links, you leave the Website. We have not
reviewed and do not control any of these third party websites (and are not
responsible for these websites or their content or availability). We do not
endorse or make any representation about these websites, their content, or the
results from using such websites or content. If you decide to access any of the
third party websites linked to the Website, you do so entirely at your own
risk.
10.2. Linking
permission: You may link to the Website's homepage (www.fijieats.com), provided
that:
10.2.1. you do so in a
fair and legal way which does not damage or take advantage of our reputation;
10.2.2. you do not
establish a link from a website that is not owned by you or in a way that
suggests a form of association with or endorsement by us where none exists;
10.2.3. any website
from which you link must comply with the content standards set out in these
Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4. we have the
right to withdraw linking permission at any time and for any reason.
11. Disclaimers
11.1. Website
information: We may make changes to the material on the Website, or to the
Service, Products and prices described on it, at any time without notice.
11.2 Specials listed
on the Website are subject to change. Restaurants may alter their specials at
any time, including removing or changing the terms of any loyalty discount
program. Loyalty credits earned through a loyalty discount program from a
Restaurant are non-transferrable and are not redeemable for cash.
11.3. Allergy, dietary
and other menu information: We try to accurately copy the item names, descriptions,
prices, special offer information, heat and allergenic warnings and other
information ("Menu Information") from the menus that are provided to
us by Restaurants. However, it is the Restaurants that are responsible for
providing this Menu Information and ensuring that it is factually accurate and
up-to-date, and we do not undertake any such responsibility. If you are in
doubt about allergy warnings, contents of a dish or any other Menu Information,
you should confirm with the Restaurant directly before ordering. Some of the
pictures shown are indicative of the style of cuisine only and may not be an
actual photo of the dish from the Restaurant.
11.4. Restaurant
actions and omissions: The legal contract for the supply and purchase of
Products is between you and the Restaurant that you place your Order with. We
have no control over the actions or omissions of any Restaurants. Without
limiting the generality of the foregoing, you acknowledge and accept the
following by using the Website:
11.4.1. We do not give
any undertaking that the Products ordered from any Restaurant through the
Website will be of satisfactory quality or suitable for your purpose and we
disclaim any such warranties.
11.4.2. Estimated
times for deliveries and collections are provided by the Restaurants and are
only estimates. Neither we nor the Restaurants guarantee that Orders will be
delivered or will be available for collection within the estimated times.
11.4.3. Restaurants
have the discretion to reject Orders at any time because they are too busy, due
to weather conditions or for any other reason. We encourage all our Restaurants
to accept all Orders and to communicate any rejection promptly, and we will
notify you (generally by email) as soon as reasonably practicable if a Restaurant
rejects your Order.