Terms & Conditions

FoodyExpress Pty Ltd (ABN 71 697 930 591) ("FoodyExpress", "we", "us", "our") operates foodyexpress.com.au, a local food delivery platform serving Western Sydney, Australia.

FoodyExpress is a technology-enabled delivery intermediary only. We connect customers with independent, third-party restaurants and caterers ("Vendors") and facilitate delivery of food orders. We do not prepare, cook, manufacture, or sell food.

You must be at least 18 years of age to place an order on FoodyExpress. By using our platform, you represent and warrant that you are 18 years of age or older.

3.1 Order Placement. Dinner orders can be placed between 5:00 AM and 5:30 PM (AEST/AEDT) on the day of delivery. Orders placed outside these hours will not be accepted.

3.2 Catering Orders. Catering orders are accepted at any time, subject to vendor availability and agreed event dates. A 10% advance payment is required to confirm catering bookings.

3.3 Pricing. All prices displayed are in Australian Dollars (AUD) and include a convenience/platform fee (currently 20% of the subtotal or a minimum flat fee of $5, as displayed at checkout). Prices may change without notice.

3.4 Payment. Payment for dinner orders is made in cash or by card on delivery. Payment for catering orders includes a 10% advance (via bank transfer to the PayID shown at checkout) with the balance due on delivery.

4.1 Delivery Area. We currently deliver to the following Sydney suburbs: Blacktown, Marsden Park, Quakers Hill, The Ponds, Stanhope Gardens, Colebee, Schofields, Nirimba Fields, and Kellyville Ridge. Delivery areas may change from time to time.

4.2 Delivery Window. Dinner deliveries are made between 6:30 PM and 7:30 PM on the day of order. Delivery times are estimates only and may vary due to traffic, weather, and other factors. FoodyExpress is not liable for late deliveries.

4.3 Failed Delivery. If we cannot deliver your order due to an incorrect address, no-one being home, or access issues, we will attempt to contact you. If we are unable to complete delivery, the order may be forfeited with no refund.

No cancellations are permitted once an order has been confirmed and picked up by a delivery partner.

For orders not yet dispatched, cancellation requests may be considered at FoodyExpress's sole discretion by contacting us immediately via WhatsApp or our contact channels. We cannot guarantee that any order can be cancelled after placement.

No refunds will be issued once a dinner order has been dispatched for delivery.

For catering orders, the 10% advance is non-refundable once the booking is confirmed. Cancellations of catering orders made more than 72 hours before the event date may receive a partial refund of amounts paid beyond the advance, at FoodyExpress's discretion.

If your order was incorrect or contained a quality issue, please contact us. We will liaise with the Vendor on your behalf, but we cannot guarantee any outcome as the Vendor is independently responsible for food preparation.

6.1 Delivery Partner Only. FoodyExpress is not responsible for the quality, taste, freshness, temperature, or presentation of any food item. All responsibility for food preparation rests entirely with the independent Vendor.

6.2 Vegetarian & Jain Claims. While FoodyExpress partners exclusively with vegetarian restaurants and caterers, we cannot independently verify or guarantee that any particular dish meets your specific dietary requirements, including Jain, vegan, gluten-free, or allergen-free standards. Customers must confirm dietary requirements directly with the Vendor before ordering.

6.3 Allergens. FoodyExpress does not provide allergen information. Customers with food allergies must contact the Vendor directly. FoodyExpress is not liable for any allergic reactions or adverse effects resulting from consumption of food ordered through our platform.

7.1 No Liability for Injury or Health Issues. The FoodyExpress Parties shall not be liable for any personal injury, illness, death, allergic reaction, food poisoning, or adverse health outcomes arising from or related to food or beverages ordered through our platform, whether or not caused by a Vendor's negligence or breach. Food preparation is the sole responsibility of the independent Vendor.

7.2 No Liability for Delivery Delays or Failures. The FoodyExpress Parties shall not be liable for any loss, cost, expense, inconvenience, or damage arising from late, failed, or incorrect delivery, including delays caused by traffic, weather, acts of God, road closures, or any other circumstances beyond our control.

7.3 No Liability for Food Quality or Suitability. The FoodyExpress Parties shall not be liable for any dissatisfaction with food quality, taste, temperature, portion size, presentation, or failure to meet specific dietary or religious requirements (including Jain, vegan, or allergen-free requirements).

7.4 No Indirect or Consequential Loss. In no event shall the FoodyExpress Parties be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss or damages of any kind, including lost profits, loss of data, loss of opportunity, loss of business, or damage to reputation, even if advised of the possibility of such damages.

7.5 Maximum Liability. Where liability cannot be excluded by law, the total aggregate liability of the FoodyExpress Parties to you for any claim arising out of or relating to your use of FoodyExpress shall not exceed the amount actually paid by you for the specific order giving rise to the claim.

7.6 Director and Employee Protection. The limitations and exclusions of liability in this clause apply equally and without limitation to each individual director, officer, and employee of FoodyExpress Pty Ltd in their personal capacity. No claim shall be brought against any director, officer, or employee individually.

7.7 Indemnity. You agree to indemnify, defend, and hold harmless the FoodyExpress Parties from and against any claims, liabilities, damages, judgments, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the platform; (b) your violation of these Terms; or (c) any claim by a third party arising from your order.

Nothing in these Terms excludes rights that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including non-excludable consumer guarantees. Where the Australian Consumer Law applies to the supply of services, our liability is limited to re-supplying the services or paying the cost of having them re-supplied.

Vendors listed on FoodyExpress are independent businesses. FoodyExpress does not employ Vendors and is not responsible for their actions, food quality, or compliance with food safety laws. Vendors are responsible for ensuring their food meets all applicable Australian food safety and labelling requirements.

All content on foodyexpress.com.au, including logos, text, images, and design, is owned by or licensed to FoodyExpress Pty Ltd. You may not reproduce, distribute, or use our content without our written permission.

We collect and handle your personal information in accordance with our Privacy Policy and the Australian Privacy Act 1988 (Cth).

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

We may update these Terms from time to time. The current version will always be published on our website. Continued use of FoodyExpress after changes constitutes acceptance of the revised Terms.

For questions about these Terms, please contact us via our Facebook page (FoodyExpress on Facebook) or via WhatsApp during business hours.

FoodyExpress Pty Ltd · ABN 71 697 930 591 · Sydney, New South Wales, Australia