Terms and Conditions

GENERAL CONDITIONS FOR USE OF THIS WEBSITE

In the context of this website, “we”, “our” and “us” means IndiYum Cafe Bar Restaurant (hereby referred to as our company name Funky Restaurants Pty Ltd) and “you” and “your” means you, the user or customer of this website.

The use of the term “product” includes the plural “products”.

Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this website you agree to the terms of the Contract of Sale.

If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.

We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an “as is” basis and is entirely at your risk.

INDEMNITY

You agree to defend, indemnify and hold harmless Funky Restaurants Pty Ltd, the Master Franchisor and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with (i) your use of and access to the website (including any online ordering and applications) (ii) your violation of any term of these Terms and Conditions of Use and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right (iv) any claim that one of your User Submissions caused damage to a third party and (v) use of the User Submissions by Funky Restaurants Pty Ltd.

CHANGES TO TERMS

Because of frequent changes in Internet technology and applicable law we reserve the right to make changes to these Terms and Conditions at any time that technology and legal changes require. You should check these Terms and Conditions regularly for such changes.

CHANGES TO PRODUCTS

We and any other persons involved in the management of this website may make changes in the products described, and to other content of this website, at any time without notice.

We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.

All depictions contained on the website are for illustration purposes only. Because of differences in picture inks, computer monitors and printer ink, colours of the actual product may vary slightly from those observed.

USE OF THE ORDERING PLATFORM

If the website is used (including for online ordering), you are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities on our website and online ordering.

The Funky Restaurants Pty Ltd online ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Funky Restaurants Pty Ltd reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.

In making the Funky Restaurants Pty Ltd online ordering system (website and applications) available for use, Funky Restaurants Pty Ltd merely acts as an agent of sub-franchisee stores from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address) does not (except where you order from a Funky Restaurants Pty Ltd corporate store) provide you with any goods or services makes no warranties or representations regarding the goods and services to be provided (including availability and delivery)

Funky Restaurants Pty Ltd does not guarantee that the website or online ordering system will be free from viruses or other harmful components and you agree to hold harmless Funky Restaurants Pty Ltd from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering and reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

In using Funky Restaurants Pty Ltd online ordering system (whether via the website or an application) you acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices acknowledge that you contract with the individual store from which you order and not Funky Restaurants Pty Ltd (except where you order from a Funky Restaurants Pty Ltd owned store) and therefore you have no claim, recourse or action against Funky Restaurants Pty Ltd whatsoever (except where you order from a Funky Restaurants Pty Ltd owned store) and indemnify Funky Restaurants Pty Ltd from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.

MEAL REFUND POLICY

Hey Amigo, naturally we want you to be completely happy with your yummy IndiYum food! But if something’s up and you’re not 100% satisfied with the quality of your order, please call the restaurant on 3394 1000 to discuss with our Restaurant Manager.

Please note that we don’t offer refunds but we will gladly swap your meal for a new one of the same or lesser value, or provide you with a gift voucher to the value of your meal to use towards any future orders with IndiYum (valid for one year).

We wish you’d never had to click here but hey, we’re always happy for the opportunity to keep our valuable customers satisfied!

DELIVERIES

Hey Amigo, we always try to have your food to your door within half an hour. But, whilst we do our very best to get your IndiYum order to you while it’s at its yummiest, sometimes things get in the way! If you’re concerned about a delay with your order, please call our Restaurant Manager on 3394 1000.

CANCELLATION POLICY

Dear Amigos, please be aware that if you cancel your order, a cancellation fee may apply as we will already have started preparing your yummy IndiYum food.

PRODUCT PRICES

All prices are in Australian Dollars.

The price displayed for products on this website represents the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination.

We reserve the right to change prices displayed for products on our website at any time.

INTERNATIONAL SALES

We sell and deliver products internationally. We reserve the right to refuse sales if shipping to desired destination is not practical.

The information on this site is governed by Australian law.

Use of coupons, specials, deals, reward points and/or discounts

  • Limit one per customer. Individual coupons, specials, deals, and discounts cannot be used in conjunction with redeeming IndiYum Amigo rewards points or any other coupon, special, deal, or discount.
  • Management reserves the right to cancel, terminate, suspend, alter these coupons, specials, deals, and discounts at any time without prior notice
  • Discounts apply when average spend per person on the bill is over $12.95 per person during breakfast and $16.95 per person during lunch or dinner.
  • Discounts are limited to maximum value of $20.00
  • Coupons, specials, deals, and discounts are not valid on public holidays.

GIFT VOUCHER
TERMS AND CONDITIONS

  1. Treat this Gift Voucher as you would cold hard cash.
  2. Defaced, mutilated, altered, lost or stolen Gift Vouchers cannot be replaced, refunded or redeemed.
  3. This Gift Voucher is redeemable only at IndiYum Café Bar Restaurant.
  4. Gift Voucher is transferrable and is not required to be presented with valid ID.
  5. Not redeemable for cash.
  6. Must be redeemed before expiry date shown on Gift Voucher.
  7. Must be surrendered to IndiYum cashier when redeemed.
  8. Will be void and may not be redeemed after expiry date.
  9. Cannot be reloaded.
  10. Is not partially redeemable, i.e. total Gift Voucher must be used in one visit.
  11. It is up to you to use the full value before expiry date.
  12. Change cannot be given for any unused balance.
  13. Unused balance on expiry of this Gift Voucher will not be refunded or credited.
  14. If purchase exceeds Gift Voucher value, you must pay the difference with an alternative form of payment.
  15. We reserve the right to change any terms contained in these Terms and Conditions at any time.
  16. Gift Voucher issued by IndiYum Café Bar Restaurant, 401 Logan Road, Greenslopes Qld 4120.

AGE RESTRICTIONS

You must be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under 18.

By placing an order with us through this website you acknowledge that you are over eighteen (18) years of age.

Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.

INTERNET COMMUNICATIONS

When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website you and we consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. You and we agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.

The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.

This website may:

Store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website;

Request your browser to transmit this data back to the web server; or

Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain. (NB: Cookies are small pieces of data stored on the web browser on your computer. By using cookies, web sites can track information about visitors’ use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want. If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of this website.)

INTELLECTUAL PROPERTY RIGHTS

Material contained on this website is protected by copyright. You may use this website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this website, without obtaining our prior written consent.

Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.

The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.

CONTRACT OF SALE

These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.

ORDERING PRODUCT

You can place an order only by clicking the “Add to Cart” button.

When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions.

It is your responsibility to provide your exact email address, delivery address, billing address and telephone number and to keep these up to date. Any incorrect information provided may lead to a delay in delivering the product ordered by you or non-delivery of the product.

Your details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. We do not store credit card details.

We will issue you with an Order Number by email after we have received your offer to purchase.

We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.

We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.

If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.

PAYMENT

We only accept payment through Direct Bank Deposit and PayPal which accepts all major credit cards (Visa and Mastercard).

Payment will not be processed until we have received all relevant information required for processing to be completed.

The processing of payment for orders placed on a weekend or a Public holiday will not begin until the next working day.

Credit Cards

We do not accept international credit cards, we accept Australian credit cards only.

We process Credit cards payments when you checkout from the product order screen.

We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

DELIVERY

You will be provided with an estimated delivery time when you checkout from placing your order. The estimated delivery times are in working days Monday to Friday excluding public holidays. Normal delivery is within 2 to 14 working days from the date of payment of your order.

We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.

PASSING OF PROPERTY

Property in the product passes to you upon receipt of the product by you.

WARRANTIES

Statutory Conditions and Warranties:

Funky Restaurants Pty Ltd provide a voluntary warranty and applies the Conditions and Warranties required by law.

For all products sold, Funky Restaurants Pty Ltd provides conditions and warranties contained in the Commonwealth Trade Practices Act 1974.

The warranties provide that the product is clear of finance or encumbrances; and you will have free title to the product.

If the product does not fulfill any of these conditions or warranties then, provided the claim is made within a reasonable period after the sale, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired. A reasonable period depends on the circumstances of each sale including but not limited to the nature, quality and price of the product.

Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim.

Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to Funky Restaurants Pty Ltd and you including any costs involved.

For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947

Exceptions: Funky Restaurants Pty Ltd will not provide a refund, credit or exchange if:

You have damaged the product by using it in a way, other than how it was meant to be used.

You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labelled as seconds or faulty.

Voluntary Warranty Policy

All products sold by Funky Restaurants Pty Ltd have a “dead on arrival” (DOA) warranty. This means that if the product is damaged during delivery and a claim is made within 2 days from first attempt of delivery, Funky Restaurants Pty Ltd will replace or repair the product at our discretion and our cost. If Funky Restaurants Pty Ltd have no further stock of the item and it cannot be repaired Funky Restaurants Pty Ltd will replace it with a similar product or offer you a full refund.

If the damage is discovered outside the 2 day period, contact us to determine whether circumstances are such that you can still proceed with a claim. You can take advantage of this offer for up to twelve months after sale.

This warranty does not apply to damage packaging only and does not detract from your statutory rights.

Manufacturers Voluntary Warranty

Many of the products supplied by Funky Restaurants Pty Ltd are covered by Manufacturers voluntary warranty.

The terms and conditions of such warranties are beyond our control and it is your choice whether to use such warranties. Where possible the time of such warranty will be shown on our website.

For some products it may be more efficient for you to contact the manufacturer rather than Funky Restaurants Pty Ltd. This is particularly so for electronic equipment.

A manufacturers warranty does not detract from your statutory rights.

Making a Claim

To make a claim you must:

  • Provide us with a copy of your tax invoice or similar proof that the item was purchased from us.
  • Describe accurately the problem you have encountered and provide evidence (eg a photograph) to support your claim
  • State whether you are requesting a replacement, repair, refund or credit

Return of Product for Warranty Claim

Where possible, the product must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product.

We reserve the right to test any returned product, and to ask you to demonstrate that the problem with the product was not your fault. After the product has been returned a final decision on granting the claim will be made by us.

Where it is agreed that the claim is valid a replacement or repaired product will be returned to you at our expense.

Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product to you will be deducted from your account as well as a $30.00 handling and administration fee.

Consumer guarantees

As a consumer, you are entitled to the benefit of statutory consumer guarantees in respect of items purchased from Funky Restaurants Pty Ltd. In accordance with Australian Consumer Law, if the item has a major failure, you may reject the item and seek a refund or exchange, or you may keep the item and seek compensation for any drop in the value of the product. Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you.

Product Refunds

Please choose carefully as we do not offer refunds on items unless the item is faulty, significantly different from what was shown to you, not doing what it is supposed to do, in breach of manufacturer’s warranties or consumer guarantees or where otherwise required by law.

Refunds will be issued by cheque, EFT, PayPal or a credit to your account. Refunded amounts must be over $15, if the refund is under this amount a credit note will be issued. Wholesale customers will not receive refunds, instead credit notes are issued, they have no expiry and can be used with the next order.

Product Exchange Policy

If you receive your order and a product is not quite what you thought, or significantly different to the image on our website, we are happy to exchange your item within 2 days of you receiving your order. Perishable goods must be returned unopened and in saleable condition. Non-perishable goods must be returned in original packaging and in saleable condition. If the item is not returned in saleable condition, we will not exchange the products.

Sale or On Special Products

No exchange or refund will be given for sale or on-special products
If a product is exchanged the cost of shipping is paid by the customer.

RESOLVING YOUR CONCERNS

If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavour to resolve your concerns.

Our contact details are below and we will respond to your query as soon as possible.

Email: mail@indiyum.com.au

Phone: (07) 3394 1000

Post:
Lot 1, Belaire Place
24, Minchinton Street
Caloundra
Queensland 4551
AUSTRALIA

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