1. Purpose of the Site We make this available to allow you to browse and view details of the products and services offered by Grill’d and its network of franchised restaurants. On the Site, we may also allow you to interact with us via social media channels, submit online food orders through the Online Ordering Service (clause 3) or enter Promotions (clause 4).
2. Use of our Site You’re permitted to use our Site for your own personal and non-commercial use and not to misuse it. The copyright and other intellectual property rights published on our Site are owned by us. These works are protected by copyright laws and all rights are reserved. Our Site may not be used, reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without the express written permission of Grill’d. You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Site. You assume full responsibility for any associated costs or charges that you incur as a result of using our Site.
3. Online Ordering Service If you wish to use our Online Ordering service, you will be required to create an account and accept the Online Ordering Terms, which are incorporated into these Terms.
4. Promotions If you wish to participate in a Promotion on the Site, you will be required to accept the relevant Promotion Terms, which are incorporated into these Terms.
5. Access to this Site We make every effort to make sure that our Site is available 24 hours a day. We are not liable if our Site is unavailable at any time or for planned maintenance or other reasons. Access may be suspended temporarily at any time and without prior notice. You’re responsible for making arrangements to access our Site. You also have responsibility for ensuring that anyone who accesses our Site through your internet connection are also aware of these Terms and that they comply with them.
6. Security The transmission of information via the internet is not completely secure and data is submitted at your own risk. Although we take the steps required by law to protect your information, we can’t guarantee the security of your data transmitted to the Site.
7. Third party links You may link to the Site as long as you do so in a fair and legal way and that will not cause damage or take advantage of our reputation. You shouldn’t link from a website that isn’t owned by you or that suggests a form of association with or endorsement by us. We have the right to withdraw linking permission at any time and for any reason.
9. Termination of access We may terminate or suspend your right to access the Site immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have breached these Terms.
11. Disclaimers We do our best to ensure that information on our Site is correct but we can’t promise it is accurate or complete. We may make changes to the material on the Site, or to the Service, products and prices described on it, at any time without notice. We do our best to ensure that our product names, descriptions, prices, nutritional information and allergenic warnings are accurate. The material on the Website may be out of date, and we make no commitment to update that material. To the fullest extent permitted by law, we exclude all liability arising out of your use of our Site or the supply of any products by Grill’d. If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to these Terms or the Online Ordering Terms and permits the limitation of liability for breach of warranty implied by statute, the liability of Grill’d is limited, at the option of Grill’d, to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
12. Miscellaneous These Terms and the relationship between us shall be governed and construed in accordance with Australian law. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Australian courts. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.