Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the NoQ4Food website, mobile applications and related services (the “Platform”) operated by NoQ4Food (“NoQ4Food”, “we”, “us”, “our”). By creating an account or using the Platform, you agree to these Terms. If you do not agree, please do not use the Platform.

1. The NoQ4Food platform

NoQ4Food is an online ordering platform that connects customers with restaurants, food vendors, drivers and event organisers (“Partners”). We provide the technology that lets you browse menus, place orders, pay and communicate. The food and any delivery are supplied by the relevant Partner, not by NoQ4Food. Unless stated otherwise, NoQ4Food acts as an intermediary and is not the seller of the food.

2. Eligibility and accounts

• You must be at least 16 years old and able to form a legally binding contract to use the Platform.
• You are responsible for keeping your account credentials secure and for all activity under your account.
• You agree to provide accurate, current and complete information and to keep it up to date.
• Notify us promptly of any unauthorised use of your account.

3. Orders and pricing

• Prices, menus and availability are set by Partners and may change without notice.
• When you place an order you make an offer to purchase, which is accepted when the Partner confirms it.
• A platform service fee and, where applicable, a delivery fee and taxes may apply. All fees are shown before you confirm payment.
• You are responsible for providing correct order, pickup and delivery details.

4. Payments

Payments are processed securely by Square. By submitting a payment you authorise us and Square to charge your chosen payment method for the order total, including any applicable fees and taxes. We do not store your full card details. Where a Partner connects their own Square account, funds for the order are settled to that Partner, less applicable platform fees.

5. Cancellations and refunds

Because food is prepared to order, cancellations and refunds are at the discretion of the relevant Partner and may not be possible once preparation has begun. If your order is incorrect, not provided, or not of acceptable quality, you may be entitled to a remedy. Contact the Partner or us as soon as possible. Nothing in these Terms limits your rights under the Australian Consumer Law (see clause 8).

6. Your conduct

You agree not to:

• use the Platform for any unlawful, fraudulent or harmful purpose;
• place orders you do not intend to pay for or collect;
• post false, abusive, defamatory or infringing content, including in order messages;
• interfere with, disrupt or attempt to gain unauthorised access to the Platform or its systems;
• use the Platform to harass Partners, drivers or other users.

We may suspend or terminate accounts that breach these Terms.

7. Partner obligations

Partners are responsible for the accuracy of their listings, food safety and hygiene, compliance with all applicable laws and licences, fulfilling orders they accept, and the quality of the food and service they provide. Partners grant NoQ4Food a licence to display their content on the Platform for the purpose of operating the service.

8. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under that law and that cannot lawfully be excluded. Where we are permitted to limit our liability, we do so to the maximum extent allowed.

9. Disclaimers and limitation of liability

To the extent permitted by law, the Platform is provided “as is” and we do not guarantee that it will be uninterrupted or error-free. We are not responsible for the acts or omissions of Partners or for the food they supply. Subject to clause 8, our total liability to you for any claim arising out of or in connection with the Platform is limited, at our option, to re-supplying the relevant service or refunding the fees you paid to us for the order giving rise to the claim.

10. Intellectual property

The Platform, including its software, design, logos and content (excluding Partner and user content), is owned by or licensed to NoQ4Food and is protected by intellectual property laws. You may not copy, modify or distribute it except as permitted by these Terms.

11. Termination

You may stop using the Platform and close your account at any time. We may suspend or terminate your access if you breach these Terms or where we reasonably consider it necessary to protect the Platform, our users or Partners. Provisions that by their nature should survive termination will continue to apply.

12. Changes to these Terms

We may update these Terms from time to time. The “last updated” date at the top shows when they were last revised. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

13. Governing law

These Terms are governed by the laws of South Australia, Australia. You and NoQ4Food submit to the non-exclusive jurisdiction of the courts of South Australia.

14. Contact us

• Email: info@noq4food.com.au
• Phone: 08 8317 5537
• Post: 142 Main North Road, Prospect SA 5082, Australia