Terms And Conditions
Welcome to the EFOODZ website, which is provided to you by EFOODZ Pty Ltd (ABN 37 642 135 537) (“EFOODZ”, “we”, “us”, “our”).
Your use of this website is governed by the policies, terms, and conditions set out below (“Terms”), so please read them carefully and contact us with any questions before you use the website. You can contact us at: info@efoodz.com.au.
These Terms, together with any other policy in relation to the supply or return of goods that is made available on our website from time to time, form the whole of the agreement between you and EFOODZ in respect of your use of the website and any purchase of goods from EFOODZ (“Goods”) made through the website.
Your use of this website indicates your acceptance of these Terms and any other applicable policy. If you do not agree to the Terms, please do not use this website. To the extent that any inconsistency arises between these Terms and a separate policy published on our website, these Terms will apply. These Terms will otherwise supersede and replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an order for Goods you make through our website (“Order”), whether or not such terms or conditions are signed by EFOODZ Pty Ltd.
EFOODZ reserves the right to make changes to this website and these Terms at any time. By ordering or registering on our website 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 at: info@efoodz.com.au.
EFOODZ, and this website, are based in Australia and provide services only inside Australia. All dates and times referred to on our website or in any communication with you are references to AEST or AEDST as applicable, and all prices or other amounts are in Australian Dollars, inclusive of GST unless otherwise specified.
Licence to use Site
- a. We grant you a non-exclusive, non-transferable, royalty-free licence to use the website in accordance with these Terms.
- b. You may access and use the website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the website for your own personal, non-commercial use.
- c. You must not add any content to the website:
- The website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
- You acknowledge and agree that:
Intellectual property rights
- Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the website.
- By posting or adding any content onto the website or otherwise supplying material or information to us by any means, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 2(c) will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clause 2(b) and 2(c).
Our Liability to You
- To the fullest extent permitted by law, we exclude all liability, in contract or tort (including negligence), arising in connection with our website, goods, or services or these Terms, including any liability in respect of loss of data, interruption of business, viruses and other harmful components within the website or content, or any indirect, special, punitive, consequential, incidental or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any goods.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations (such as the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010)). If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- In respect of any liability which cannot be excluded in accordance with the above provisions, then we limit such liability, where lawful, to payment in the amount of $10 or the minimum amount permissible by law (if greater than $10).
Your Liability to Us
- Any content you supply to us;
- Your breach of any person’s intellectual property rights (including those of EFOODZ);
- Your breach of these Terms or any other agreement with us; and
- Your breach of any applicable law.
General
- You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
Order Cancellations
Delivery
- We deliver to areas in ACT, NSW, QLD, SA, & VIC. A flat rate is charged for each delivery based on your suburb. You can get more information about our delivery regions on our Delivery Page.
- If you are not home 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. The gel packs in the box allows it to be left in a shaded area for up to 5-8 hours (this may change based on weather temperature). EFOODZ Pty Ltd will not be liable for any damage to the product if left outside for extended periods of time nor if box is damaged or stolen after delivery.
- 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 re-send the order to the correct address at our expense.
- We will provide you with an estimated date of delivery of your meals and will make every effort to deliver by this date.
- If you live in a secured apartment complex, please ensure you are home to receive your delivery. If no one is available to collect your delivery please arrange a suitable time with our staff prior to the delivery date.
- It is the responsibility of the customer to inform EFOODZ Pty Ltd by calling us on (03) 9620 2226 if an order does not arrive. Once we learn an order has not arrived on the due date, 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.
Payment
Any transactions or purchases online can be made via American Express, MasterCard, Visa and PayPal only. All transactions are processed via our partner payment service. In order to secure payments for future purchases, in particular when you opt in for our subscription service, tokenised payment information is securely stored on our servers. EFOODZ Pty Ltd never stores the actual card information on our servers and all payments are processed via a PCI compliant payment gateway.
All payments have to be made before your purchase can be delivered. When paying by card, if you have insufficient funds in your account or the card declines – the purchase will not go through. For direct transfers, your meals will only be delivered once the transfer has been completed.
If you cannot pay using the methods above, please contact us on (03) 9933 6100 and we can try organise a solution for you.
Last Updated: 27/01/25