HappyToo Website Terms and Conditions
Definition and Important Legal Notice
This page sets out the terms and conditions ("Website Terms") on which we, Values and HM Pty Ltd, ABN: 11 619 860 016 ("we", "us" or "HappyToo"), provide our services through our website www.happytoo.com.au and any HappyToo 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.
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.happytoo.com.au) and any mobile applications 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.
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.
You will be required to register an account 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 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.
3.1. Capacity and age: By placing an Order through the Website, you warrant that:
3.1.1. You are legally capable of entering into binding contracts; and
3.1.2. You are at least 18 years old.
3.2. Alcohol and cigarettes: Furthermore, you acknowledge and agree that:
3.2.1. it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
3.2.2. Cigarettes are not for sale to persons under the age of 18; and
3.2.3. Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18. In the event that you place an order for alcohol or tobacco products, you will be required to provide your date of birth and may be required by the restaurant to show ID on delivery or pick up. For the avoidance of doubt, if your Order includes alcohol or tobacco, the Restaurant is providing you with these and HappyToo is not selling alcohol or tobacco to you. HappyToo supports the Responsible Service of Alcohol.
4.1 Compiling your Order: Once you select the Products/Services you wish to order from the businesses 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 equals or 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 authorised, you will not be entitled to change or cancel your Order online (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact the Businesses directly or our Customer Care team as described in paragraph 6.3 and they will attempt to contact the relevant businesses in order to communicate your requests. However, there is no guarantee that we will be able to reach the Businesses or that the Businesses will agree to your requests as they may have already started to process your Request.
4.4. Payment authorisation: Where any payment you make is not authorised, your Request will not be processed by or communicated to the relevant Businesses.
4.5. Processing your Order and Businesses rejections: On receipt of your Request, we will begin processing it by sending it to the relevant Business and will notify you by email that your Request 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 Request has been accepted by the Business. Businesses have the discretion to reject Requests at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Business clients to accept all Requests and to communicate any rejection promptly, and we will notify you (by email or SMS) as soon as reasonably practicable if a Business rejects your Request. When a Business confirms receipt of the request and expected collection or delivery time, we will send you an SMS confirmation (provided that you have given us your mobile telephone number).
4.6. Delivery/Completion of your Request: Delivery will either be provided by the Business from which you Requested or from HappyToo using our Delivery Services. Estimated times for deliveries and collections are provided by the Businesses and are only estimates. While we’ll try our best to meet these estimates, neither we nor the Businesses guarantee that Requests will be delivered or will be available for collection within the estimated times. All food preparation is the sole responsibility of the Business accepting the Request. To the extent permitted by law, including the Australian Consumer Law, HappyToo accepts no liability associated with food preparation or delivery by the Business accepting the Request. Where we provide Delivery Services for your Request, we shall be responsible for getting your product/service from the Business to your home.
5.1. Taxes and HappyToo service costs: Prices for individual products will be as quoted on the Website in Australian dollars. HappyToo service fee is determined by different reasons such as a distance, time to complete task and usage during the certain period. 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 Business (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2. Incorrect pricing: This Website contains a large number of products/services and it is possible that some of the products may include incorrect prices. The products will be sold for the displayed price even if the correct price for a Request is higher than the price stated on the Website. The HappyToo Price Promise stated on the Website is applicable only to standard, fixed-price products.
5.3. Payment methods: Payment for Requests must be made by an accepted credit or debit card through the Website or in cash to the Businesses at the point of collection or delivery to you. Where we are providing Delivery Services, we can only accept payment by credit or debit card for these Requests.
5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Business at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Request. 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.
5.5. Credit and discount vouchers: A credit or discount may apply to your Request if you use a promotional voucher or code recognised by the Website and endorsed by HappyToo and you pay for any balance by credit or debit card. A discount may also apply if you have an existing account credit and transact via this same process. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers.
5.6. Rejected Orders: Once you have submitted a Request that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in paragraph 4.3 above) or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 5 to 10 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Businesses 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.
6.1. General: Customer care is extremely important to us., 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 in the HappyToo Help Centre. You can also access the list of frequently asked via Help Centre.
In these Terms and Conditions of Service the following definitions will be used, which when written with a capital letter shall have the meanings described below:
Ownership of HappyToo Content and Proprietary Rights
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and HappyToo Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws.
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 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.
In addition to other limitations and exclusions in HappyToo’s conditions of use and sale, in no event will we or our directors, officers, employees, agents or other representatives be liable for any direct indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to HappyToo. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last membership fee you paid. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your HappyToo membership/account.
To the maximum extent permitted by law, HappyToo provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. To the maximum extent permitted by law and subject as provided below, HappyToo and any Partner Business expressly disclaim all warranties and conditions with regard to any portion of our Service, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to:
To the maximum extent permitted by law, neither HappyToo nor any Partner Business shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use our Service. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that HappyToo or the Partner Business is found to be liable to you, our total aggregate liability is limited to the purchase price of the Products you have paid for in your request/order.
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Partnership and Agency
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and HappyToo and you shall have no authority to bind HappyToo in any form or manner, whatsoever.
Please contact us for any requests or comments (including all inquiries unrelated to copyright infringement) regarding this Online Platform. You can also lodge a complaint if you think we have breached the Privacy Act (Cth) 1988 in relation to your personal information. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
Toowoomba Head Office
409 Ruthven Street, Toowoomba, Queensland 4350, Australia
Phone: +61 403 882 821