These Terms & Conditions of Use govern your use of the China City Garden Restaurant Pty Ltd A.B.N 75 146 734 027(collectively referred to as “China City Garden Restaurant”, “we”, “us” or “our”)website and applications, including online ordering. References to ‘website’ include the following (as appropriate): https:// http://chinacityrestaurant.com.au/, or any other site, services (including web-services), software, application or media managed by China City Garden Restaurant. Your use of the China City Garden Restaurant website constitutes your acceptance of these Terms & Conditions of Use.
Subject to law, China City Garden Restaurant may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. We recommend you carefully read each time you visit the website, the Terms & Conditions of Use as they may affect your rights.
If you do not agree with the Terms & Conditions of Use, do not use the website or order online.
These Terms & Conditions of Use apply to all users of the China City Garden Restaurant website. The China City Garden Restaurant website may include content, information or links to third parties or third party websites. By accepting these Terms & Conditions of Use you agree to hold harmless and relieve China City Garden Restaurant from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
YOUR ACCESS TO THE WEBSITE
China City Garden Restaurant hereby provides its permission for you to access its website in accordance with these Terms & Conditions of Use, provided that (1) your use of the website is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose, and (3) you will otherwise comply with the Term & Conditions of Use.
You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the China City Garden Restaurant website, online ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers” and the like. Notwithstanding the foregoing, China City Garden Restaurant grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. China City Garden Restaurant reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information from the website or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the website with respect to their submissions to the website.
ONLINE ORDERING VIA THE WEBSITE
If the website is used (including for online ordering), you are responsible for maintaining the confidentiality of your personal details, password (if applicable) and payment details. You acknowledge that when you access the website or an application as a registered member, you may remain logged in to the website or application even after closing the internet browser or application (unless you log-out prior to leaving the website/application, or you erase or block Cookies from the electronic device used to access the website.
You agree to accept full responsibility for all your activities on our website and applications (including for online ordering). You further acknowledge that you are fully responsible for the activities of any individual who accesses our website or applications (including for online ordering) remains logged in to, or associated with, your registered account.
If you choose to register an account, you are responsible for keeping the username and password secure and are responsible for all use and activity carried out under this user name.
If you order online, we may send you an email or SMS confirming the details of your order. The confirmation email or SMS will not constitute a tax invoice. The China City Garden Restaurant online ordering must only be used by persons over the age of eighteen (18) years or otherwise under the supervision of an adult or guardian. China City Garden Restaurant 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 China City Garden Restaurant online and ordering system (website and applications) available for use, China City Garden Restaurant:
- makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
- does not guarantee that the website, applications and online ordering system will be error-free or that any errors will be corrected. China City Garden Restaurant does not guarantee that the website, applications or online ordering system will be free from viruses or other harmful components and you agree to hold harmless China City Garden Restaurant 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 China City Garden Restaurant online ordering system (whether via the website, an application or electronic device) you:
- acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;
- indemnify China City Garden Restaurant from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.
China City Garden Restaurant Online membership
You may provide your personal information, through China City Garden Restaurant Online Ordering (via the website) to become a registered member of the online ordering system. As a registered member you will be able to save information such as your previous orders and payment details in order to improve (and speed-up) your future ordering experience with us.
Allergen free or gluten free products
China City Garden Restaurant will endeavour to provide allergen free or gluten free dishes if requested by you, but traces of allergens or gluten may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee 100% that our meals are allergen or gluten free.
China City Garden Restaurant will not be liable for any costs whatsoever, including medical costs, if a customer has any adverse reaction to a China City Garden Restaurant product.
ABILITY TO ACCEPT TERMS & CONDITIONS OF USE
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions of Use, and to abide by and comply with these Terms & Conditions of Use.
Ordering, Dispatch and Deliveries Policy
- Compiling your Order: Once you select the Products you wish to order from the menu and provide other required information, you will be given the opportunity to submit your Order by clicking or selecting the “PROCEED TO CHECKOUT” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.
- Minimum Order Amount for Delivery: China City Garden Restaurant has a minimum order amount in place; you may not place an order with that Restaurant until the value of your Order exceeds that amount for delivery. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount. No minimum order amount applies for pick up order.
- Amending or cancelling your Order: Once you submit your Order and your payment has been authorised, you will not be entitled to change or cancel your Order. If you wish to change or cancel your Order, you may contact the Restaurant directly in order to communicate your requests. However, there is no guarantee that we will be able to agree to your requests as kitchen may have already started to process your Order.
- Payment authorisation: Where any payment you make is not authorised, your Order will not be processed by or communicated by us. NOTE: Once we receive your order, you will receive confirmation or call.
- Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it. We, China City Garden Restaurant have the discretion to reject Orders at any time because we are too busy, due to weather conditions or for any other reason, and we will notify you as soon as reasonably practicable if we have to rejects your Order or deliver later than the requested time due to the short of staff in restaurant.We will send you an SMS confirmation (provided that you have given us your mobile telephone number).
- Delivery of your Order: Estimated times for deliveries and collections are provided by the website and are only estimates. We do not guarantee that Orders will be delivered or will be available for collection within the estimated times. If you are unhappy with the order, contact the store directly as the delivery person held no authority to amend the order.
PRICE AND PAYMENT
- Taxes and delivery costs: Prices for individual menu items will be as quoted on the Website in Australian dollars. These prices include any applicable taxes but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Restaurant (if you pay for your Order online). These will be added to the total amount due where applicable.
- Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the Website.
- Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Restaurant at the point of delivery to you or pick up order.
- Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms to the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
- Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in Payment Authorisation above) or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
- Time Limit: China City Garden Restaurant carry no responsibility for wrong order been delivered or presented for more than 24 hours.
- Change of Mind: We are unable to offer a refund for a change of mind after the order been processed.
- Faulty or items received in error: If you have received a faulty item or received an item in error, we are happy to replace, exchange or refund the cost of the item for you. We will pay the costs of postage and handling if you return a faulty or unsuitable item or an item received in error. Please contact us before returning any items.
- Damaged Items: All the dishes are cook on order in China City Garden Restaurant. We carry no responsibility for food deterioration due to the cause that the food is left in the container for too long or food discoloration.
- Refunds: Refunds are usually processed within 14 business days.