USE OF THE SERVICE
The Service is only available to individuals aged 18 years or over who are resident and accessing the Service in Australia via the RASHAYS website and associated applications.
Those persons under the age of 18 are eligible to order provided they are over the age of 13 and receive parental or guardian consent. Parents/guardians may be required by RASHAYS to enter into a further agreement as evidence of consent for a minor to order online.
RASHAYS may, in its absolute discretion, refuse to provide the Service to any person for any reason and RASHAYS will not be liable for any costs, loss or damage incurred by you if we refuse to provide the Service to you.
PLACING AN ORDER
To place an online order using the Service, you must follow the prompts on the ordering pages of the Service. You are able to correct errors on your order up to the point on which you click the “Checkout” button on the “Your Order” page.
You must provide the requested information for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements.
We will use various procedures to authenticate each transaction. In the event we consider that we cannot authenticate a transaction then we may, in our absolute discretion, cancel it.
By placing an order you confirm that all information contained in the order are correct.
After you click on the required payment option on the order details page, you place your order with us and we receive your order, the system will send an automated email to the email address you have provided, setting out the details of your order.
You cannot change any order after you place with us.
Any order placed using the Service is an offer by you to purchase the particular items referred to in the order for the price stipulated.
We may, at our sole discretion, accept or reject an order we have received.
Each order placed for items using the Service that we accept results in a separate binding agreement between you and the owner of the RASHAYS restaurant supplying those items.
FEES AND CHARGES
We will charge you and you agree to pay the following fees and charges in relation to any order made using the Services:
The purchase price for each item comprising the order; and
Any other fees and charges set out in the terms and conditions.
We reserve the right to alter the agreed price for any items contained in an order if an incorrect price was cause by a software fault, error or malicious attack.
PAYMENT VIA DEBIT/CREDIT CARD
For order paid by credit card or debit card, your card will be debited with the relevant amount once you press “Pay Securely” on the “Card Details” page. To protect you against fraud, we may require that card used to pay for an order to be presented at the time of collection of your order.
The card must belong to the person placing and receiving the order. You must ensure that the card is registered in your name and your account has to have sufficient funds available to cover your order and any applicable fees.
We accept the following credit cards only:
If we are unable to successfully process your credit card payment for your order that is accepted by us then we may notify you of dishonour and cancel the order.
You must not pay or attempt to pay for items using the Service through any fraudulent or unlawful means.
You may not reverse or cancel any order made using the Service.
RISK AND TITLE
Risk in the items ordered using the Service passes to you on the date and time of receipt of the order and title of these items passes to you on the latter of:
Payment of those items;
Receipt of those items.
LIMITATION OF LIABILITY
We use reasonable care and skill in providing the Service and are (to the extent provided by law) not liable for any of the following:
If we do not perform any of our obligations to you due to failure of any technical systems or for any other reasons beyond our control;
For any damage to your computer or mobile phone or other facilities as a result of using the Service; or
For any indirect, or consequential losses, claims or damages (including without limitation loss of profit, loss of production, loss of contracts, loss of opportunity) suffered by you or incurred from your use of this Service however caused.
Our maximum liability to you in respect of each use of the Service shall be the refund of the purchase price of your order.
You warrant that:
all information and data provided by you to us using the Services is true, accurate, complete and up to date;
the person receiving any items ordered on your behalf is authorised by you to do so.
INTELLECTUAL PROPERTY RIGHTS
acknowledge that the copyright in the website, associated application, the software, design, text and graphics associated with the Services and its content and materials (together, the “Materials”) are owned by or licensed to us;
must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
must not frame or embed in another website any of the Material without our prior written consent.
The Materials contain registered trade marks and other trade marks which are protected by law. You must not use any of these marks or trade marks or our name or the names without our prior written consent.
Where an order is prepared, processed and received from a RASHAYS store that is franchised by us:
We merely act as an agent of that franchisee;
We in the capacity as agent, collect and process any online payments and remit them to the relevant franchisee; and
We do not in those circumstances provide you with any goods or services; and
We make no warranties or representations regarding the goods and services to be provided (including availability and collection).