Terms and Conditions

Moonee Beach Tavern Take-Away - Online Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE www.mooneebeachtavern.com.au WEBSITE AND MOBILE APPLICATION (together, the “SITE”). BY ACCESSING THE SITE AND USING THE SERVICES ON IT YOU, WHETHER USING AS A NON-BUSINESS OR AS A BUSINESS USER (together, “YOU”), ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. IF YOU DO NOT WISH TO BE BOUND BY SUCH A CONTRACT THEN PLEASE DO NOT USE THE SITE.

TERMS AND CONDITIONS:

1. Provision of the Services and How to Contact us

Bavonagi Pty Ltd T/as Moonee Beach Tavern (“Business”) provides an on-line Pizza/Food ordering service for pick up. The contact details for the Business are as follows:

Company Name: Bavonagi Pty Ltd T/as Moonee Beach Tavern

Address: 2 Moonee Beach Road, Moonee Beach, NSW 2450

ABN: 67163695850

Email Address: info@mooneebeachtavern.com.au

Phone: 02 6653 6199

You acknowledge that you have provided the Business with accurate and complete information on your Order form and that it is your responsibility to update the Business with any changes to that information.

You must be at least 18 years of age to use the Services - please note that the Business reserves the right to require you to provide evidence to verify any aspect of your account sign-up form at any time.

You must not register on the Site more than once and multiple accounts are not permitted.

The Business is continually seeking to improve the Services and to ensure that all information on the Site (“Content”) is up to date. Accordingly, the Business reserves the right, and at its sole discretion, to make changes to any part of the Services or the Content at any time and without prior notice to you. We would recommend that you regularly check the Site from time to time for any updates or changes to this Agreement which shall in any event become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.

2. License and limited rights to use Content

The Content and all copyright, database rights, website design, trade and service marks and logos or names, design rights, and rights relating to loss of reputation and business and all other intellectual property rights including the software used on the Site (“Intellectual Property”) in each case whether registered or not and belong to the Business (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of the Business.

3. Privacy Policy and Data Protection

The Business fully respects your right to privacy we recommend that before you disclose any personal information to a third party that you first read and accept the third party's privacy policy and terms and conditions of use (if applicable) of their website. Our Business uses the Online Payment Gateway Facility of eWay https://www.eway.com.au/legal. At certain times, as a result of your interaction with the Site, the Business may hold and process personal information obtained about you for the purposes of providing you with the Services and for (inter alia) statistical purposes. By registering on the Site you consent to this collection and use of your information. The Business may also use this information to send you information about the Business’s products and/or services. If at any time you do not wish to receive such information please contact the Business at info@mooneebeachtavern.com.au.

4. Warranties and Indemnity

The Business warrants that it will use all reasonable skill and care in the provision of the Service. The Business makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. All other express or implied warranties and any representations are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.

5. Pricing Errors, No sale of Cigarettes or Alcohol and Limitation of Liability

Due to the nature of the Services it may be possible that a price may be incorrectly listed on the Site due to technological or human error and we would advise you that neither the Business nor the seller is under any obligation to provide any goods at an incorrect price even after receipt of an order or any other notification of the same.

The Business does not permit the purchase of alcohol or cigarettes through the Site.

The Business shall not be liable to you whether in contract, tort (including negligence) or otherwise, for:
any direct, indirect, consequential or special loss or damage whatsoever;

any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage even if foreseeable; or any other loss or damage in an amount exceeding $50.00 (fifty Aus Dollars) in the 12 months preceding the date on which such liability arose.
Notwithstanding the provisions of this clause the Business’s liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.

6. Placing Your Order, Refunds and Dietary Considerations/Allergies etc

As a registered user on the Site you are entitled to submit an order through the Site and the Business. Once you submit your order you will receive an email notification of your order and you cannot later either amend or cancel your order unless you agree it directly with the retailer. For the avoidance of any doubt whatsoever, there is no obligation on either the Business to agree to your request(s) to either cancel or amend an order and you will be charged for the same in the event the Business does not agree to your request to cancel or amend your order.

We also reserve the right to not accept your order for any reason and we also reserve the right to reject your order for any reason once it has been received – sometimes this will happen because we may be out of stock or cannot comply with your order for some other business related reason – we shall endeavour to notify you via email or SMS should this be the case but sometimes that may not be possible.

Pick-up times are always approximate and the Business does not provide any form of guarantee or assurance (or accept any liability with respect to the same) that your order will either be delivered or be ready for pick-up within the time allotted – food preparation can be slowed down by any number of factors beyond both our control.

If you have any special dietary considerations or allergies then it is up to you to communicate these directly to the Tavern Staff and not rely on the Site as mistakes can occur in uploading menu warnings etc and the Business specifically disclaims any liability with respect to the same – please see clause 5 above for details of our exclusions of liability policy.

Payment for your order will be made directly with our Business Online Payment Gateway Partner Facility of eWay https://www.eway.com.au/legal, under their terms and conditions and the Business shall not be held responsible in any way for such payments or any disputes in respect of the same.

Refunds

If you did not love your meal then please let us know. We will replace or refund your order and make sure that your next experience with us is a great one! Please be aware that while we will do everything from our end to complete this refund as soon as possible it may take up to 21 business days depending on your financial institution and the transaction type (i.e. Credit card, PayPal, eWay etc.).

7. Notices

All notices shall be given to the Business via e-mail at info@mooneebeachtavern.com.au by post to the Business’s address as set out under clause 1 of this Agreement, or to you at the e-mail or land address you provide in your registration information.

8. Third Party Links

The Site may contain links to other websites and resources however the Business is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site and it is entirely your decision and responsibility to use their services and/or products.

9. Termination and Renewals

The Business operates the Site on a fair and reasonable basis and this Agreement and your access to the Service may be immediately terminated by the Business if (in the sole opinion of the Business) you are in breach of this Agreement or are behaving in a way that the Business considers inappropriate or in a way likely (in the sole opinion of the Business) to harm the reputation of the Business.

10. Dispute Resolution

Should there be a dispute between you and the Business that cannot be resolved directly within reasonable time period then it is hereby agreed that on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, by Legal Means. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Coffs Harbour, Australia. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Australian Courts.

11. General

No failure or delay on the part of the Business relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.

The Business shall be under no liability to you in respect of anything, which notwithstanding this provision may constitute a breach of this Agreement arising by reason of force majeure which includes (inter alia) an Act of God and failure of any third party.

This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.

In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail.

This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Australia and be subject to the exclusive jurisdiction of the Australian courts.