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Terms and Conditions Agreement

Effective: 14/12/2022

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND One Plus Kitchen PTY LTD ACN 50 635 084 114.

Your use of our website/ app & all services provided by One Plus Kitchen Pty Ltd/ Foodifox are governed by the policies, terms, and conditions set out below (“Terms”), so please read them carefully and contact us with any questions.

These Terms, together with any other policy in relation to the supply or return of goods that are made available on our website/ APP from time to time, form the whole of the agreement in respect of your use of the website/ APP and any purchase of goods.

One Plus Kitchen Pty Ltd/ Foodifox reserves the right to make changes to our terms at any time. By ordering or registering on our website/ APP you grant us the right to add your contact details to our database and use them to contact you regarding your order, shipping, and other products or promotions. From time to time we may contact you about offers and new products. You can easily be removed from our subscriber list by either unsubscribing via a link in any email you receive from us, or by contacting our Customer Support.

1.Delivery & Pick up

1.1 Pre-order time frame:

For our pre-order Foodifox APP order lunch services, our proposed pre-ordering time is 10am same day the morning before the order dispatch. One Plus Kitchen Pty Ltd/ Foodifox reserves all right to accept/ reject any order failed to place within our specific time frame.

1.2 Order pick-up time frame:

If you are picking up your meals from our Lockers it is your responsibility to pick up the meals within the specified time frame (12-2pm on the same day for lunch order). Please note, all uncollected meals will be disposed of as the meals will past a time deemed safe by state government food regulations and could be deemed unsafe to consume. One Plus Kitchen Pty Ltd/ Foodifox will not be held liable for any loss or damage resulting from failure to pick up the meals within our proposed time frame.

1.3 Acceptance of order:

We reserve the right to accept or reject your order at any time for any reason, such as the unavailability of any product or service, an error in the price of the product or service or an error in your order.

1.4 Food Safety

Foodifox will take all responsibility and liability for the delivery of the service (of the ordered meal) and is licensed and complies to Australian Safety Standards. Individual food allergy or other related health issues after the consumption of the ‘collab’ (food made and supplied by our collaboration partners) product will be treated as exceptional cases and addressed with them on a case by case basis. It is the customers’ responsibility to ensure the products are suitable for their consumption, and that food or beverage benefits are consistent with the consumers’ dietary requirements including any intolerances or allergies.

1.5 Delivery on time:

We will provide you with an estimated time of delivery through our APP/ or other form of your meals and will make every effort to deliver by that time.

1.6 Locker use with care:

Our lockers are equipped with warming and insulating specification, following Australian Safety Standard. Please use with care and One Plus Kitchen Pty Ltd/ Foodifox will not be liable to any damage or injury to you & your belongings. One Plus Kitchen Pty Ltd/ Foodifox reserves all right to take legal action on any damage to our locker during your use.

1.7 Delivery Fee:

We deliver to areas across Melbourne, Victoria. Fees may be charged for each delivery based on your suburb.

1.8 Door to door delivery:

If lockers are not available at your order receiving address, and the order was delivered door to door, as you are not receiving order in person at time of delivery, we will leave the order at the front door or in an area specified by you in the instructions when placing your order. (this may change based on weather/ temperature). One Plus Kitchen Pty Ltd will not be liable for any damage to the product if left outside for extended periods of time nor if the box is damaged or stolen after delivered.

1.9 Delivering to the wrong address:

It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to resend the order to the correct address at our expense.

1.10 Missing Order:

It is the responsibility of the customer to inform One Plus Kitchen Pty Ltd/ Foodifox by contacting us via our APP if an order does not arrive. Once we learn an order has not arrived on time, we will make enquiries and ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

1.11 Resell/ redistribute of our product:

Each order is entitled to the App account used for the order and is not transferable. One Plus Kitchen Pty Ltd/ Foodifox will not be liable to any damage/ loss or health complaint due to resell/ transfer or distribution of our product by any 3rd parties/ partners & unregistered trader.

1.12 Order Cancellation:

We reserve the right not to provide goods or services, remove or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

1.13 Discounts & Promotions:

Discounts or promotion codes are non-transferable and cannot be transferred or refunded for cash. One Plus Kitchen Pty Ltd/ Foodifox reserves the right, subject to applicable law, to cancel any promotion or discount without prior notice. Only a single discount or promotion code per order and cannot be used in conjunction with any other discounts or promotions. Each promotion campaign may be subjected to specific terms and conditions.

2. Refund Policy

We are not required to provide a refund or replacement if you change your mind.

But you can choose a refund or exchange if an item:

is unsafe for consumption;
is missing, has not been supplied or cancelled by us
is significantly different from the sample or description relied upon when ordering, or;
is defected/ damaged
Only regular priced items may be refunded, unfortunately, discounted items cannot be refunded

To obtain a refund or replacement, please call us immediately, with your details and explain the basis of your refund request.

In most cases, to complete your return, we require a receipt or proof of purchase and the meal must be returned before a full refund can be considered.

If the problem is not major, we will replace the item within a reasonable time. If it is not replaced in a reasonable time you can choose a refund, store/ in-app credit for future purchases or replacement.

Following approval by One Plus Kitchen/ Foodifox, the agreed amount will be refunded to you as in-store/ in-app credit, in cash or as a refund onto your credit card subject to the payment method used in the original transaction. Any store/ in-app credit, if requested by you, and held by us against a future order, will be valid for one (1) year from date granted.

All claims must be made within a reasonable time from the time of receipt, so we can respond appropriately to the request.

*refund processing time depends on your original payment method

3. Refer a friend

Refer a friend feature allows users to invite an individual to download and create an account on the Foodifox app. In return, customers are rewarded with a free meal via the app (11 free credits allocated to their account). Feature is only applicable to genuine accounts. Any fake or non genuine accounts used to redeem this promotion will not be accepted. Foodifox reserves the right to remove credits for any users that have used fake or non genuine accounts and for any exploitation or inappropriate use of the feature. All rights reserved. Foodifox holds the authority to make all final decisions on promotions.

4. Foodifox APP Membership Policy

4.1 How to join the Foodifox Membership

4.1.1. Receiving and redeeming Benefits can only begin after your membership and account are activated. All Foodifox Membership will be automatically activated once you have successfully registered your Foodifox account on the Foodifox APP.

4.1.2. One mobile number can only be registered with one account

4.1.3. You can manage your Account via the Foodifox App, including changing any of the information provided. If you would like to delete your Account, please contact hello@foodifox.com

4.1.4. Account users and creators are responsible for any activity on your Account. Foodifox reserves all rights to refuse or terminate membership and Account registration. Refusal may usually because of suspicious, inappropriate, offensive, abusive, or illegal activities

4.1.5. We may ask you to provide identification to confirm your details and eligibility. If you choose not to cooperate. Foodifox reserves all right to cancel your Account.

4.1.6. Foodifox will not be liable for any loss of your Membership Benefits if it is due to inappropriate activities, hacked or terminated of account.

4.2 Benefits

4.2.1. All rewards, offers, gifts, promotions, competitions and other benefits outside the Membership program, are run in accordance with their own terms and conditions. In that case, membership benefits may not be used in conjunction with or to discount any other offer or meal.

4.2.2. To redeem a Benefit, you must completely follow the instructions provided by Foodifox’s and/or the Benefit Partner.

4.2.3. Benefits must be taken as offered and cannot be sold, transferred, assigned or otherwise dealt with. Benefits are not replaceable if lost or stolen.

4.2.4. Benefits are not exchangeable and cannot be taken as cash. We accept no responsibility for any tax implications – you should seek your own financial advice.

4.2.5. You must redeem a Benefit within the time stated. Otherwise, it will expire. There may be limits on the number of Benefits you can receive, or other conditions such as time of day, day, availability at particular Foodifox’s restaurants or similar. Subject to law, these are subject to change without notice.

4.2.6. If a Benefit or part of it becomes unavailable for a reason beyond our reasonable control, we can award a similar item of equal or greater value. Subject to law, we are not responsible for any variation in Benefits or their value.

4.2.7. Food or beverage Benefits are only valid for the specific item stated (including size, type and flavour), and cannot be used in combination to claim or discount any Foodifox’s meal deal such as an Extra Value Meal or Combo. We can substitute ingredients as a result of seasonal variation, supplier changes or other factors.

4.2.8. It is your responsibility to ensure that Benefits are suitable for you, and that food or beverage benefits are consistent with your dietary requirements including any intolerances or allergies.

4.2.9. Foodifox’s or the Benefit Partner may ask you to provide photo ID to confirm you are the Account holder before you can redeem a Benefit.

4.2.10. If a benefit is provided by or redeeming through 3rd party vendor or partner, they are responsible for the Benefit, not us. We are not liable for the Benefits offered by a Benefit Partner including cash coupon, voucher or movie ticket.