Terms and Conditions

TERMS & CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to rgbbullets.com (the “Site”). The documents, data, information and other materials [collectively the “Material(s)”] contained on the Site are provided by RGB Bullets, Co. (RGB), a California Corporation. By using the Site, you agree to all of the Terms of Use set forth below. Please read them carefully. If you do not wish to agree to the Terms of Use, please refrain from using the Site.

BY USING THIS SITE IN ANY WAY OR ANY OF ITS FEATURES OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL OF THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (THE “AGREEMENT”) WITHOUT MODIFICATION. If you are not an Authorized User, and if you do not agree to the terms of this Agreement, you may not use this Site.

AGREEMENT FOR USE.

You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Site in accordance with all terms herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation. You agree that if ordering facilities are made available for your use through the Site, the ordering facilities shall be used only to make legitimate purchases for you or for other people for whom you are legally authorized to act. You understand that overuse or abuse of the ordering facilities of this Site may result in your being denied access to such facilities.

For any ordering or other services for which fees may be charged, you agree to abide by the terms and conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Site.

MINORS.

This Site is for a general audience and is not designed nor intended to collect personal information from children under the age of 13. RGBdoes not knowingly collect personal information from anyone under the age of 13. We ask that parents supervise their children while online.

WIRELESS RESERVATIONS.

Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.

LIMITED LICENSE TO VIEW AND COPY.

The content and information displayed on this Site (“Materials”) is the property of RGBand/or other parties. The downloading, reproduction, or retransmission of RGBMaterials, other than for non-commercial individual use, is strictly prohibited. This Site is to be used by Authorized Users for personal use only. Commercial uses of this Site are strictly prohibited. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.

PROHIBITED CONDUCT.

You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of HDC; ( b) interfere with or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.

INTELLECTUAL PROPERTY RIGHTS.

This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of HDC, through its subsidiaries, and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of HDC, through its subsidiaries, and/or other parties is granted to or conferred upon you. Reproduction or storage of Materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any RGBtrademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.

COPYRIGHT AND TRADEMARK NOTICES.

All contents of this Site are the copyrighted property of HDC, or its subsidiaries, affiliates, or a RGBlicensor, as applicable. All contents of the Site are protected by United States and international copyright laws. Any rights not expressly granted herein are reserved.

COPYRIGHT COMPLAINTS.

If you believe that your work has been copied and posted to our Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information: (1) a description of the copyrighted work that you believe has been infringed; (2) a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on our Site; (3) your address, telephone number, and e-mail address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner of the copyright interest.

Please send the written notice to our Copyright Agent at the following address by mail or e-mail:

RG Bullet Co.
Attn: Copyright Agent/Legal Department
P.O. Box 130
Littlerock, CA 93543
E-mail: [email protected]

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of RGBor others.

SUBMISSION OF CONTENT.

Any submission to RGBis entirely voluntary, non-confidential, gratuitous and non-committal. You grant to RGBand its designees a perpetual, irrevocable, non-exclusive fully-paid and royalty-free license to use any ideas, photos or other materials you submit (collectively the “Content”) to RGBand/or the Site without restrictions of any kind and without any payment, acknowledgement or other consideration of any kind, or permission or notification, to you or any third party. By submitting Content to the Site, you are giving RGBpermission to publish such Content to any RGBmaintained material including, but not limited to: websites, e-mail campaigns, social media pages, in-restaurant print materials, radio and television.

MONITORING.

RGBshall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by HDC, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, RGBshall have the right, but not the obligation, to remove any material that HDC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following:

  • Hate speech – language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability;
  • Personal attacks – language that is threatening, intimidating, defamatory, libelous or encourages others to cause injury or property damage to any person;
  • Invasion of privacy – phone numbers, e-mail addresses, physical addresses or other personal information;
  • Off topic – opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers;
  • Advertising – solicitations or advertising of any kind, including comments or links that are aimed at promoting other products or services;
  • Copyright/Plagiarism – comments that appear to violate copyright laws;
  • Offensive – offensive language or images, including but not limited to nudity.

LINKED WEB SITES.

This Site includes links to other web sites. RGBprovides such links solely as a convenience to you and for informational purposes only. RGBhas not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates HDC’S endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither HDC, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

PRIVACY.

Your use of the Site is subject to our Privacy Policy. If you would like to view our privacy practices please review our Privacy Policy.

SECURITY.

If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept full responsibility for all activities that occur under your account or password. You must notify RGBimmediately in the event that the security of your login or password has been breached.

DISCLAIMER. THIS SITE AND ALL CONTENTS, MATERIALS, PRODUCTS, AND SERVICES PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further RGBdoes not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials, nor does RGBwarrant that the Site will be current, error free or available at all times or without interruption. RGBalso does not warrant that the Site or communications from RGBwill be free of viruses or other harmful components. RGBmay make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. RGBmakes no commitment to update the Materials.

LIMITATION OF LIABILITY. IN NO EVENT SHALL RGBBE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY HDC, ITS SUBSIDIARIES OR AFFILIATES, OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF RGBHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

TERMINATION/ACCESS RESTRICTION.

RGBreserves the right, in its sole discretion, to modify your access or terminate your access to the Site and your account, if applicable, at any time, without notice. The provisions above relating to Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.

NOTICES.

When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MISCELLANEOUS PROVISIONS.

Any claim relating to this Agreement or the Materials shall by governed by the laws of the State of California, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of RGBin exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement. There are no third-party beneficiaries of this Agreement.

SITE POLICIES AND MODIFICATION.

We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. We suggest that you re-read our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.

OUR CONTACT INFORMATION

RG Bullet Co.
Attn: Copyright Agent/Legal Department
P.O. Box 130
Littlerock, CA 93543
E-mail: [email protected]
Telephone: 661-727-4442

RG Bullet Co.

This PRIVACY POLICY was updated on June 1, 2012.

 

Outback Steakhouse takes your privacy seriously both online and offline. This Privacy Policy applies to information collected online through our website, social media sites, and mobile applications, as well as information collected offline through promotions and at Outback Steakhouse restaurants.

 

Our Privacy Policy explains:

  • What Information Do We Collect?
  • How Do We Use and Share Your Information?
  • How Do We Protect Your Information?
  • What Choices Do You Have About Your Information?
  • How Do You Correct and Update Your Information?

 

We want you to know up front that we provide you an “opt-out” option for some personal information collection – please see “What Choices Do You Have About Your Information?”.

 

What Information Do We Collect?

We collect information about you in a number of ways, including when you register for an account on our website, open a loyalty program account, purchase gift cards, or make purchases in our restaurants, online dining reservations, online food orders, as well as when you use our website and mobile applications, Facebook page, Twitter account, YouTube or other social media and online platforms. The following are examples of information we may collect from you:

 

  • Name, address, home and mobile phone number, e-mail address, username and password, gender, anniversary and birthday;
  • Credit card number, debit card number, and other payment card data for the purpose of processing purchase transactions; and
  • Demographic and lifestyle information about you, including restaurant location preferences, vehicle model and color, product use preferences and interest in wine, food, events, private dining, and catering;

 

When you use our website, use our mobile applications or open an email from us, we may automatically collect information about you using tracking technology, including Internet Protocol Address (“IP Address”), a unique device or user identification, system and browser type, the referring address website, the content and domain pages that you access on our website or mobile applications, and the dates and times that you use our website or mobile applications. We use technology, including cookies (a piece of data that is placed on your computer when you visit a website) to automatically collect certain information, as described above, that we then use for system administration and website maintenance, troubleshooting, and to identify you when you open our e-mail or visit our website through your computer or mobile device so we can enhance your online experience and make our advertising more relevant. We may also offer certain features that are only available through the use of this technology.

 

You can set your browser to accept or reject cookies and to disable other tracking technology. Third party sites may also provide additional opt-out methods.

 

Our Privacy Policy does not cover the use of cookies by others including our partners, affiliates, tracking utility company and service providers. We do not have access or control over these cookies. We also may collect information from third party websites and other online platforms with whom we connect. For example, if you connect to our site via Facebook, Facebook provides us with certain information from your Facebook account. We may also collect similar information from other social media websites and online platforms.

 

We may also obtain information about you from other sources, including affiliates, advertising partners, and public databases. All of the information we collect allows us to better understand the products and services we think may be of interest to you.

 

Third-Party Advertising

We may use third parties to serve advertisements on other websites. In serving these advertisements, these companies may use cookies and other tracking devices to collect certain information about your visits to other websites (such as browser type, IP address, which page was visited, and time of day). This information may be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you.

 

Some of these ads are online behavioral advertising and may contain cookies that allow monitoring of your response to our advertisements. Cookies placed by these companies do not collect personal information. We limit companies that place our ads from using information for any purpose other than to assist us in our advertising efforts. If you prefer that our advertising service providers not know which website pages you have viewed, you may find out more at http://www.networkadvertising.org/ about how you can opt out. To learn more about online behavioral advertising, privacy, cookies, visit http://www.networkadvertising.org/managing/learn_more.asp.

 

Please note that if you opt out, you are only opting out of the collection of data through cookies, and you may still see or receive online advertising from Outback Steakhouse’s that will not be based on your preferences or behavior.

 

How Do We Use and Share Your Information?

Outback Steakhouse’s does not sell your personal information to third parties. Outback Steakhouse’s will only use and share your information as described in this policy to:

  • Create an account for you on our website or mobile applications;
  • Enroll you in a loyalty program account and other programs at your request, and to register your loyalty program account on our website and mobile application;
  • Communicate with you about products and services we offer, including sending you e-mails and text messages, for restaurant promotions, special offerings, gift cards and other important information;
  • Analyze the use of our products and services;
  • We may share your information with certain affiliates and third parties who have agreed to protect your privacy. Such information sharing relates to:
  1. assisting Outback Steakhouse’s in communicating with you about our offers;
  2. fulfilling requests for products and services, improving our services, conducting research, and providing anonymous reporting for internal and external clients;
  3. assisting in providing our services (for example, to process credit and debit card transactions, conduct statistical analyses, and to comply with unsubscribe lists); and
  4. assisting with loss prevention in cases of suspected fraud or theft.
  • Provide your information to any company who may purchase some or all of Outback Steakhouse’s assets in the future; and
  • Where required by law or to comply with a valid legal process (such as a search warrant, subpoena or court order), to protect Outback’s rights or property, or to respond to emergencies when safety is a risk, it may be necessary to disclose your information to third parties.
  • Enforce the incorporated policies and Terms and Conditions of use, to comply with legal obligations, and otherwise manage our business.

 

Outback Steakhouse’s may combine personal and non-personal information we collect or obtain with other information we obtain from third parties. We may transfer your information to Outback Steakhouse’s partners and affiliates for this purpose. Outback Steakhouse’s may also share aggregated information that cannot be used to identify you with our clients and business partners.

 

How Do We Protect Your Information?

We work to protect your information both online and offline by using appropriate technical, administrative and physical procedures to protect personal information from loss, misuse, or alteration.

 

We limit access to personal information to those who have a business need. Employees who violate Outback Steakhouse’s customer privacy safeguards are subject to disciplinary action up to and including termination.

 

When we share your information with third party service providers as described above, we only provide those third parties with the information necessary to perform their service and we require that they protect your information and not use it for any other purpose. We cannot, however, ensure or guarantee the security of any information you send to us and you do so at your own risk. You are responsible for maintaining the confidentiality of your passwords and any account information.

 

What Choices Do You Have About Your Information?

You may choose to:

  • Stop receiving promotional materials by mail, telephone, text message, or e-mail;
  • Update and correct your personal information;
  • Request a copy of the information we have collected about you once per year;
  • Cancel your account or request that we no longer use your information.

 

You may contact us to make any of the choices listed above by:

  • Sending an e-mail to us at ne[email protected]; or
  • Providing written notification to us at the address in the Contact Us section below; or

 

You may also opt-out of promotional e-mails by using the “Unsubscribe” link in the e-mail.

 

We will only send text messages to those who have expressly opted-in to receiving communications by text message. You may opt-out of receiving further text messages by sending a reply text with the word “Stop” or by contacting us by e-mail or mail as described above.

 

Customers who request not to be contacted will not receive offers for savings by mail/e-mail, will be excluded from Outback Steakhouse’s general mailing lists, will not be automatically entered in contests and sweepstakes, and may not receive other notices. This opt-out does not apply to certain operational communications (for example, confirmation of delivery address or restaurant reservations), to the extent permitted by law.

 

Under rare circumstances Outback Steakhouse’s may need to contact some or all users to relay important information about our website or restaurants. Members are not able to unsubscribe or “opt-in/opt-out” of these announcements because they may contain very important information regarding their accounts. Outback Steakhouse reserves the right to contact users to correct account errors or to supply important information Outback Steakhouse deems relevant.

 

How Do You Correct or Update Your Information?

You may change certain personal information or request that we delete your personal information by:

  • Logging-in to your account and then entering or updating your personal information;
  • By sending an e-mail to us at [email protected], or by providing written notification to us by mail at the address in the Contact Us section below. Please include your current contact information, the information you are interested in accessing, and your requested changes. We will provide access and make the changes you request, or provide an explanation of what actions we will be able to make in response to your request.

 

When you ask us to delete your personal information, we may need to retain a record of certain personal information to comply with applicable federal, state or local law.

 

Account

If our website allows visitors to register for an account, you may register for an account that is accessible by a password of your choosing. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Outback Steakhouse of any unauthorized use of your account or any other breach of security known to you.

 

Other Sites

Our website may include links to websites operated by other companies, which may or may not be co-branded. Outback Steakhouse is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with our services or for the privacy practices of any third party. Once you leave our website via such a link, access a third party application, or click on a third party offer, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any personal information they collect from you.

 

Information About Children

We strive to create an online and offline environment that is respectful of families. In that light we do not knowingly collect personally identifiable information from children under the age of 13.

 

If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us. A parent or guardian of a child under the age of 13 may review and request deletion of the child’s personally identifiable information and prohibit its use.

 

Policy Effectiveness and Changes

By using our website, using our mobile applications or otherwise providing us with your personal information, you agree to the terms of this Privacy Policy. Additionally, this Privacy Policy incorporates our Terms of Use. We reserve the right to modify this Privacy Policy at any time, so please review it from time to time. If we decide to change our Privacy Policy, we will post the changes here and other reasonable places in order to make you aware of the changes.

 

Reporting

Any improper collection or misuse of information in violation of this Privacy Policy or Outback Steakhouse’s Terms of Use should be reported by e-mail to [email protected]

 

Contact Us

If you have any questions or concerns regarding the Outback Steakhouse’s Privacy Policy or practices, you can contact one of our customer representatives by e-mail at [email protected], or write us at:

 

Outback Steakhouse, LLC

2202 N. West Shore Blvd., 5th Floor

Tampa, FL 33607

Attn: Privacy Policy Office

 

 

 

GENERAL CONDITIONS FOR USE OF THIS WEBSITE

In the context of this website, “we”, “our” and “us” means IndiMex 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 IndiMex 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 IndiMex (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 IndiMex 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 IndiMex 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 IndiMex 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 IndiMex 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 IndiMex 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 IndiMex 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: [email protected]

Phone: (07) 3394 1000

Post:
T22, Stones Corner Village
401 Logan Road Greenslopes
Queensland 4120
AUSTRALIA