Terms and Conditions
BABBA’S KITCHEN PTY LTD
TERMS & CONDITIONS
1. General
1.1 This Site and its contents are owned and operated by Babba’s Kitchen Pty Ltd A.C.N. 077 677 920 trading as Babba’s Chicken, Babba’s Beef and Babba’s Fish (Babba’s/we/us). Your access to and use of this Site including the ordering of Products is subject to these terms and conditions. Please do not place an order unless you agree with the terms and conditions.
1.2 We reserve the right to amend these terms and conditions at any time. Any amendment will take effect immediately upon being updated on the Site, and your continued use of the Site will constitute agreement to the amended Terms and Conditions.
1.3 To order Products from this Site you must be:
(1) over the age of 18 years; or
(2) over the age of 13 years and have parental or guardian consent to order and make payment for Products from this Site,
and by placing an order you certify and warrant that you meet this condition 1.3.
2. Disclaimer
2.1 The information contained on this Site is provided in good faith. Although we will use our best endeavours to ensure the information contained on this Site is correct and current at the time of publication, Babba’s does not represent or warrant the reliability and accuracy or completeness of the information contained on this Site. To the extent permitted by law Babba’s is not responsible or liable for any Liabilities arising in any way for errors in or omissions from the information on this Site.
2.2 Any access to the Internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference. We give no warranties that our Site is free from such risks and you acknowledge that you are responsible for adopting your own safeguards and virus protection to ensure that you minimise your risk of damage to your computer systems or data.
2.3 Illustrations and photos contained on this Site are sample representations of the Products advertised and variations may occur from time to time.
2.4 We do not guarantee the availability of any Product.
3. Registration
3.1 You may complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with the provisions of clause 11.
3.2 Your account is recorded based on the telephone number associated with your registration. You may not have more than one active account and your account is non-transferable.
3.3 You may update or terminate your account at any time.
3.4 If you choose to use a workplace email address for your account or access the Site from your workplace then you do so at your own risk and you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your workplace facilities.
4. Placing an order for products
4.1 The provision of information about Products on the Site does not constitute an offer to supply, merely an invitation to treat.
4.2 The on-line ordering service is only available for orders between $10.00 and $300.00.
4.3 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions. Corrections to errors can be made BEFORE clicking the CONFIRM ORDER button on the “Confirm Order” page. By clicking the “Confirm Order” button you are confirming acceptance of these terms and conditions and certifying that all information submitted by you is correct.
4.4 Once the “Confirm Order” button is clicked, that order is an offer by you to purchase the Product(s) listed in your order for the price notified at the time you place the order.
4.5 We reserve the right to accept or reject your order for any reason including (without limitation) if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in your order.
4.6 Subject to clause 4.5, each order placed for Products through this Site that we accept results in a binding agreement between you and us for the supply of those Products.
4.7 If we reject an order placed through the Site, we will endeavour to notify you of that rejection within a reasonable time after you submit your order and we will request eWay reimburse the credit or visa card used to make payment.
4.8 If we accept your Order you will be sent a computer generated email setting out the details of your order.
5. Collection of Orders
5.1 When submitting your Order you will select your preferred pick up time.
5.2 Orders must be collected by no later than 1 hour before store closing time on day of order. No refunds will apply where orders are not collected.
6. Prices, Fees and Charges
6.1 All prices shown on this site are in Australian dollars.
6.2 We will charge you and you agree to pay in relation to any order that we accept:
(1) the purchase price of the Product;
(2) any applicable public holiday surcharge; and
(3) any other fees and charges set out in these Terms and Conditions.
6.3 All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (if any).
6.4 All purchases of Products made on this Site must be paid in full at time of confirmation of order.
6.5 Payments to be made by eWay payment gateway facility via this website.
6.6 While we make every effort to ensure the security of your payment, you agree and acknowledge that no transmissions over the internet can be guaranteed totally secure and payments made by you are made entirely at your own risk.
7. Your Obligations and Warranties
7.1 You agree and warrant that:
(1) you are purchasing Products for personal use only, not for commercial resale;
(2) all information and data provided by you to us through the Site is accurate, complete and up-to-date;
(3) the person collecting the Products is authorised by you to do so;
(4) you have and will comply with all relevant laws relating to your use of the Site and your placement of any order with us;
(5) you are responsible for any costs associated with your access to and use of the Site;
(6) you will ensure that your Login ID which you use to access the Site and the details of your credit card are kept safe and secure; and
(7) you are responsible and liable for any person that uses your Login ID or credit card to order Products through the Site and you agree that we may charge you and you will pay for all Products that we agree to supply to you that have been ordered using your Login ID or credit card through the Site.
7.2 You agree that you will not:
(1) use the Site for any activities that breach any laws or infringe a third-party’s rights;
(2) make fraudulent or speculative enquiries, purchases or requests through the Site;
(3) use the Site in any way, or post to or transmit by the Site any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person, or which prevents any other person from using the Site;
(4) use any other person’s details without their permission or impersonate any person when using this Site;
(5) tamper with or hinder the operation of the Site;
(6) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site; or
(7) use the Site other than in accordance with these terms and conditions.
8. Indemnities
You agree to indemnify us from and against all Claims for damages, loss, injury or death arising from:
- any fraudulent or negligent act or omission by you;
- any use of your credit card by any unauthorised person; and
- any breach of by you of these terms and conditions.
9. Limitation of Liability
9.1 We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010 to the extent they cannot be excluded. However to the extent permitted by law our liability will be to refund of monies paid for the Product.
9.2 To the extent permitted by law we do not warrant or represent the suitability of the Site or a Product for any purpose.
9.3 We will not be liable to you for indirect or consequential loss, including but not limited to commercial or economic loss of any kind, or loss or corruption of data, loss or damage to any computer device or mobile telephone, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Products.
9.4 Our liability to you for loss or damage of any kind is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
10. Complaints Process
10.1 If you have any comments or complaints in respect to our services please contact Customer Service via email kitchen@babbas.com.au .
10.2 If you complaint relates to a Product purchased by you please telephone us on 0740533678 immediately and/or return the partly eaten product to our store for refund or replacement.
11. Privacy
11.1 We may collect:
(1) personal information from you including your telephone number and email address; and
(2) certain details relating to your activity as an account holder, such as purchases made.
11.2 We agree that we will take reasonable steps to protect personal information collected by us from misuse, loss and unauthorised access, modification or disclosure.
11.3 We will use the personal information for the purposes of processing your orders and will only disclose information if:
(1) we have your written consent to do so; or
(2) we are required by law to do so.
11.4 We may also use your personal information for the purposes of emailing you details of specials and promotions.
12. Click-stream Data and Cookies
12.1 Each time you visit the Site our server collects some anonymous information, known as click-stream data, which can include:
(1) the type of browser and system you are using;
(2) the address of the websites you visit before and after the Site;
(3) the date of your visit to the Site;
(4) the IP address of your server.
12.2 Click-stream data is collected for statistical purposes to find out how the Site is used, including number of hits, frequency and duration of visits and most popular session times, with a view to evaluating and improving the Site’s performance.
12.3 This Site also uses cookies. A cookie is a piece of information that our web server may send to your computer when you visit the Site. This cookie is stored on your computer but will not identify you or give us any information about your computer.
12.4 A cookie helps us recognise you when you revisit our Site and to co-ordinate your access to different pages on the Site. Most internet browsers allow you to erase, block or be alerted to cookies and you should refer to your browser instructions to learn more.
13. Links
13.1 This Site may contain links to external websites that are not operated by us. We make no endorsements or representation as to the accuracy of information contained within those websites nor do we endorse the sites or the products or services that are provided at those websites.
14. Intellectual property
14.1 You acknowledge that the copyright in the Site, the design, text, logos and graphics comprised in the Site and the content and materials on the Site are owned or licensed to us and you must not copy, reproduce, download, transmit or distribute same in any way.
14.2 You may print hard copies of content and materials from this Site for the sole purpose of viewing and purchase of Products.
15. Termination and/or Suspension of Account
15.1 We may immediately suspend, terminate or limit your access to and use of the Site, and where relevant your accounts, if we reasonably suspect that you have committed fraudulent acts and/or you have breached these terms and conditions. Any indemnities provided by you will survive such suspension or termination.
16. Interpretation and Construction
16.1 In these terms and conditions
(1) Claim means any claim or legal action and all costs and expenses incurred in connection with it
(2) GST has the same meaning as in A New Tax System Goods and Services Tax Act 1999;
(3) Liabilities means all direct and/or indirect liability for costs, damages, losses, claims, causes of action, injuries, death and expenses including but not limited to legal fees;
(4) Login ID means the phone number that you provided to us as part of the registration process to use the Site;
(5) Product means each good that is advertised on this Site;
(6) Site means this website.
16.2 In these terms and conditions reference to:
(1) a person includes:
(a) a corporation, incorporated association and government body; and
(b) the legal representatives, successors and assigns of that person;
(2) month or monthly means calendar month or calendar monthly;
(3) the singular includes the plural and the plural includes the singular;
(4) any gender includes all genders;
(5) any Act includes all amendments or substitutions for that Act and regulations made under that Act;
(6) a right includes a remedy, authority or power.
16.3 These terms and conditions and the use of the Site are governed by the laws of Queensland.
16.4 If any provision of these terms and conditions is invalid or unenforceable, it shall be severed from the balance of these terms and conditions but all other provisions of these terms and conditions shall remain in full force and effect.
