Endulj Terms

Endulj Terms and Conditions

IMPORTANT NOTICE

Endulj supports the Responsible Service of Alcohol. It is an offence for a person under the age of 18 years of age to falsely represent themselves to be of, or over 18 years of age. We reserve the right to refuse to enter into the Agreement or accept an Order or Purchase to serve, sell or supply Products to any person we suspect to be under 18 years of age, or who is unable to satisfy us that they are 18 years of age or over, or who we reasonably suspect is going to supply alcohol to a person under 18 years of age.

YOU acknowledge and agree that you understand the prohibition on the sale and supply of liquor to minors and you confirm that you are at least 18 years of age.

This terms of Service / Use Agreement (this Agreement) is an agreement between you (whom we refer to as YOU, YOUR or the CUSTOMER in this Agreement) and Food Experiences Holdings Pty Ltd trading as Endulj Licence No. 36139784

We (Endulj) are authorised pursuant to Packaged Liquor Licence No. 36139784 to operate this Website, the mobile site and the mobile application (collectively referred to as the Sites)

WARNING

Under the Liquor Control Reform Act 1998 it is an offence - To supply alcohol to a person under the age of 18 years (Penalty exceeds $18,000). - For a person under the age of 18 years to purchase or receive liquor. (Penalty exceeds $700)

DEFINITIONS

In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean

APP means mobile application supplied for USE by YOU to ORDER Endulj PRODUCTS and is downloaded and installed for USE on mil bile devise

ACCEPTABLE ID means Australian driver licence, Victorian learner permit, Proof of age card, Keypass card, Australian or foreign passport. No other form of identification will be accepted

DELIVERY FEE means the delivery fee that the CUSTOMER (you) pays for delivery of an order made by YOU

OPERATING HOURS means hours that Endulj kitchen is open

DELIVERY HOURS means the delivery hours endorsed on Packaged Liquor No. 36139784

DRIVER means an employee allocated by Endulj to perform a delivery SERVICE

MINOR means a person younger than 18 years of age

CONTENT means any and all data, posts, text, software, images, audio, materials or video material and other content, in any medium including but not limited to Endulj social media, and THIRD PARTY CONTENT

ORDER means a commitment by YOU to purchase the Products when you click the button to place your order

IN PROGRESS means an ORDER that has been started and WE will determine whether the ORDER is in progress.

ORDER PRICE means the total of the Product Price and Delivery Fee of the Products that you wish to purchase

PRODUCT PRICE means the price charged for the Products

PRODUCT means the food, alcohol and other beverages items and the delivery services provided by us available on the SITE, APP and SERVICE

PURCHASE means the Order that we have accepted

REGISTER means create an account on the Sites

SERVICE means all or any of the services provided via the SITE, APP (or via other electronic or other communication) including the information services, content and transaction capabilities on the SITE (including the ability by you to Order and Purchase)

CUSTOMER means a person who places an ORDER with Endulj using SITE, SERVICE or APP

CUSTOMER DETAILS means any / all written details provide4d by the CUSTOMER in connection with an ORDER such as but not limited to CUSTOMERS name, DESIGNATED ADDRESS, contact detail, email address, SPECIAL DIETARY REQUESTS

DESIGNATED ADDRESS means the requested address the CUSTOMER prefers ORDER to be DELIVERED to

SPECIAL DIETARY REQUESTS means any special food preparation requirements, including any specific health-related dietary requirements such the exclusion of nuts or other potential allergens, relying to ORDER

THIRD PARTY CONTENT means any material, posts, content or information provided by a THIRD PARTY including names, locator, menu, photos, reviews, website links posted of hosted by US or THEM

US, WE or OUR means Food Experiences Holdings trading as Endulj ABN 75 607 035 530

YOU, YOUR, YOURS or YOURSELF means the person using or accessing the SITE, SERIVE or APP and includes ALL CUSTOMERS

GENERAL

In using the Endulj website and/ or app The Terms of Use/ Service of use between You and Endulj are in agreement.

YOU affirm that you are of 18 years or older, 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.

Products by using the Sites or by using any services made available through them or by transacting through or on them, YOU are agreeing to the terms and conditions of this Agreement.

If YOU do not agree with anything in the TERMS YOU should not use the SITE, SERVICE or APP. The TERMS will remain full force and effect and apply whenever YOU access the SITE, SERVICE or APP regardless of how YOU access the SITE, SERVICE or APP, which may be access in serval ways, including but not limited to the WEB, MOBILE PHONES, TABLETS and RSS feeds.

Endulj reserves the right to change this Agreement at any time without notice. The most current version of this Agreement will be published on the Sites. Use of the Sites or purchase of any Products or Services after a change has been made to the Agreement and after you have been made aware of the change will be deemed an acceptance of the change.

Currency All prices are in Australian Dollars. GST Except where indicated otherwise, prices include GST. This Agreement (and all non-contractual relationships between YOU and US) shall be governed by and construed in accordance with the law of Victoria and both parties hereby submit to the exclusive jurisdiction of the courts of Victoria.

Should YOU have a SPECIAL DIETARY REQUESTS YOU understand that all OUR PRODUCTS are made in the OUR kitchen using the same equipment that a non SPECIAL DIETARY REQUESTS PRODUCTS are made with thus PRODUCTS may contain traces of but not limited to nuts, gluten, dairy and pork.

USE OF SERVICES

YOU agree that by using Endulj SERVICES, YOU understand and acknowledge that WE are providing a food and wine delivery service, and that WE are governed by OUR Liquor License restrictions.

YOU accept that PRODUCTS offered by Endulj may chance do to seasonality and availability.

YOU acknowledge and agree that ORDERS and DELIVERY are subject to

The availability of PRODUCT, OPERATING HOURS, DELIVERY HOURS and OUR liquor license restrictions

YOU agree to provide all CUSTOMER DETAILS that Endulj requires to provide the SERVICES. WE hold the right to terminate or suspend any CUSTOMER account if the CUSTOMER fails to provide the CUSTOMER DETAILS as required by US.

YOU are responsible for ensuring that all CUSTOMER DETAILS provided are true, accurate and complete and WE will not be liable to YOU, or any other person for loss damage arising from or connection with CUSTOMERS failure to provide true CUSTOMER DETAILS.

WE may refuse to provide the SERVICE or process an ORDER for any reason or refuse SERVICE at any time, if WE do, WE will refund any amount paid by YOU relating to that ORDER

YOU are solely responsible for verifying ingredients that may cause YOU, or anyone other person YOU place the ORDER for, any allergic reactions in the PRODUCTS and SPECIAL DIETARY REQUESTS when placing the ORDER.

YOU are responsible for the provision of the device whether it is a mobile device, computer or tablet to be able to use/ access the SERVICE, SITE or APP. YOU are solely responsible for the acquiring and the use of such device. Be aware that YOUR carriers normal fees and rates, such as message fees, download data feeds, download limits and charged will still apply.

PAYMENTS

Endulj agrees to provide a secure payment system for OUR CUSTOMERS.

WE accept all PAYMENT options listed on SITE or APP and YOUR ORDER will be processed min accordance with the PAYMENT option selected by YOU.

All final prices shall be shown in AUD, and include GST and DELIVERY charge where applicable.

YOUR ACCOUNT

As a CUSTOMER YOU commit to US relating to registering and maintaining the security of YOUR account, accordingly

YOU will not provide false personal information to engulf, or create an account for anyone other than YOURSELF without first obtaining consent/ permission from the PERSONS

YOU will not create more than one account/ personal profile.

If WE disable YOUR account, YOU will not create another without OUR permission

YOU will keep YOUR personal information up to date

YOU will not share YOUR password and login details, to allow anyone else access to YOUR account or do anything else that may jeopardise the security of YOUR account

CUSTOMER CONTENT

Endulj owns the rights, title and interest in relation to YOUR CUSTOMER content and YOU automatically assign to to US the rights, title and interest, absolutely to YOUR CUSTOMER content. For CUSTOMER content that is covered by intellectual property rights, like photos and videos, YOU use, produce, modify and adapt such CUSTOMER content for any purpose whatsoever. This continues even if YOU delete YOUR CUSTOMER content or account.

Without limitation CUSTOMER content mat be published, reproduced, or redistributed for any purpose, and YOU consent to the doing of all things with Customer content that, in the absence of this clause, might or would breach any moral rights YOU may have un such CUSTOMER content. If YOUR CUSTOMER content is published Endulj will also publish YOUR name in conjunction with the CUSTOMER content.

You agree to indemnify, defend and hold harmless Endulj, its respective officers, directors, employees, suppliers, subcontractors and agents from any loss, liability, claim, demand, damage, or expenses (including reasonable legal fees) - asserted by any third party due to or arising from or in connection with any claim by any person that any CUSTOMER Content submitted by YOU infringes or allegedly infringes the intellectual property rights of any person, or otherwise causes loss or damage to any person or - arising from any breach by YOU of any obligation or warranty under these Terms in respect of CUSTOMER Content.

EXCLUSION, LIMITATION OF LIABILITY AND INDEMNITY

YOUR use of the SITE, APP or SERVICE is at YOUR own risk and WE do not guarantee that Endulj will be safe or secure. - any errors in or omissions from the Website, including but not limited to technical inaccuracies and typographical errors - any third party contents therein directly or indirectly accessed through links in the Website, including but not limited to any errors or omissions - the unavailability of the Service, or any portion or - computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party content