Last Updated March 2018
KARABAR TAKEAWAY Website Terms and Conditions
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Terms and Conditions of Use and Sale
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Privacy Policy
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Cookies Policy
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("Website Terms") on which we, FOODCORP Pty Ltd AS TRUSTEE FOR THE KASSOS TRUST TRADING AS KARABAR TAKEAWAY AND COFFEE LOUNGE (ACN 111521263) ("we", "us" or "KARABAR TAKEAWAY"), provide our services through our website www.KARABARTAKEAWAY.com.au and any Karabar Takeaway 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. These Website Terms are only in the English language.
Use of your personal information submitted via the Website is governed by our Privacy Policy.
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.karabartakeaway.com.au and any Karabar Takeaway mobile application through which you access products or services in conjunction with the ONLINE PAYMENT SYSTEM or NEXT ORDER application developers, 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.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Foodcorp Pty Ltd (ACN 120 943 615) trading as KARABAR TAKEAWAY AND COFFEE LOUNGE is a BUSINESS registered in New South Wales, Australia
1.2. Service: We provide a way for you to communicate your orders ("Orders") for our products ("Products") to delivery or takeaway from our restaurants ("Restaurants") displayed on the Website (the "Service"). We also may provide services allowing independent couriers to deliver your Orders to your home ("Delivery Services")
2. WEBSITE ACCESS AND TERMS
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.
When you use the Website and register an account, you will provide us with personal information such as your name, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
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. Acceptance of terms: 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.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
2.4. 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. YOUR STATUS
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. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact us directly on 02 62991751 to check that the food is suitable for you, before placing your order directly with us.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once you select the Products you wish to order from our menu 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 (Delivery): We have minimum order amount in place for deliveries, which is $14.90 plus delivery fee and card processing fees. You will not be able place an order with us 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.
The card processing fee also applies to online orders for in-store pick up.
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 uncertainty of Orders). If you wish to change or cancel your Order, you may contact the “us” directly as described in paragraph 6.3.
4.4. Payment authorisation: Where any payment you make is not authorised, your order will not be processed by or communicated to “us” through our website. If you are unsure that your order request has been received buy us or you have not received confirmation please
call Karabar Takeaway on 62991751
4.5. Delivery of your Order: Delivery will either be provided by Karabar Takeaway from or from a third party delivery Service. Estimated times for deliveries and collections are provided by us KARABAR TAKEAWAY and are ONLY ESTIMATES. While we’ll try our best to meet these estimates, we CANNOT guarantee that Orders will be delivered or will be available for collection within the estimated times. We provide Delivery Services for your order, we shall be responsible for getting your food from our Restaurant to your home within a reasonable time frame
5. PRICE AND PAYMENT
5.1. Taxes and delivery costs: Prices for individual menu items will be as quoted on our website in Australian dollars. These prices include any applicable taxes, delivery costs and card processing fees. You will be charged at the time of ordering.
5.2 Surcharge: On NSW and national public holidays you will be charged a 12.00% surcharge, which will be added automatically to your bill.
5.3. Incorrect pricing: Our Website contains a large number of items and it is possible that some of the items may be incorrectly priced on
our third part ordering platform. The products will be sold for the third party displayed price even if the price for an order is higher than the correct price stated in our store. If you have been charged an amount higher than the in store menu price please notify us with in 24 of hours of placing your order to make a claim. If you do not notify us within 24 hours we will not accept your claim.
5.3.1. All delivery and pick up orders are Pre-Paid so we cannot refund any monies due to you over the telephone. We will credit the amount due to you with a voucher that will be left in store for you to use at your discretion.
5.4. Payment methods: Payment for orders must be made by an accepted credit or debit card through our website and third party online ordering platform STRIPE.
ALL ONLINE ORDERS MUST BE PRE-PAID for the order to be processed and received by us.
5.5. Card payments: If you pay by credit or debit card, you may be required to show the card us upon collection or 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 Order. 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.
5.6. Items out of stock: If you have placed an order for an item/s that have been sold out or not available we will attempt to call you. If you do not answer or return our call we will not process or prepare or deliver your order until we receive contact by you.
6. CUSTOMER CARE
6.1. General: Customer care is extremely important to us. Subject to paragraph 11, our team members will therefore try to assist you where possible. if you have any problems with your Order. You can contact us on 02 62991751
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, in the first instance you should contact us directly on 62991751. Please do not expect a resolution from our delivery drivers as they only deliver the order.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact us on 02 6299 1751. However, there is no guarantee that we will be able stop the order as we may have already started to process and cook your Order.
6.4. Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products or service provided by Karabar Takeaway, please consider providing feedback to us directly by telephone or in person.
7. LICENCE
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. 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 must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a license from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8.SERVICE ACCESS
8.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours per day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9.VISITOR MATERIAL AND REVIEWS
9.1. General:
9.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) ("Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
9.2.1. breaches any applicable local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorised advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
9.3.1. contain any defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. infringe the intellectual property rights of another person;
9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. promote illegal activity or invade another's privacy;
9.3.6. give the impression that they originate from us; or
9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, Karabar Takeaway will not remove or edit reviews where Karabar Takeaway believes that doing so would be in breach of the Australian Consumer Law.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by us or by any of our partners or affiliates or any other third party arising or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Website's homepage (www.karabartakeaway.com.au), provided that:
10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4. we have the right to withdraw linking permission at any time and for any reason.
11. DISCLAIMERS
11.1. Website information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.
11.2 Specials listed on the Website are subject to change. We may alter our specials at any time given they are within the system limitations for menu items and special offers.
11.3. Allergy, dietary and other menu information: If you have an allergy or a special dietary requirement please inform us. We cannot guarantee that your dietary requirements will be met. We take care when preparing food but cannot guarantee allergen free items or non-cross contamination of menu items
11.4. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between “us” that you place your Order with. We have no control over the actions or omissions of
NEXT ORDER or any payment platform. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
11.5. The foregoing disclaimers do not affect your statutory rights against Karabar Takeaway
11.5. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
11.6. All Pictures shown of foods are for illustration purpose only. Actual products will vary.
12. LIABILITY
12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Website Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these terms.
12.2. Exclusion of liability: Subject to clause 12.1, and your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12.5 Indemnity: You agree to indemnify and hold Foodcorp Pty Ltd Trading as Karabar Takeaway and Coffee Lounge and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
13. TERMINATION
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used the Website in breach of paragraph 7.1 (Licence);
13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
13.1.4. you have breached any other material terms of these Website Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavor’s to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website Terms by this reference and is available here Privacy policy.
16.2. Other terms: You should also review our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Website Terms by this reference.
16.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION
17.1. These Website Terms shall be governed by and construed in accordance with the law of New South Wales. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.