Terms & Conditions
A-THAI-5 RESTAURANT AND TAKEAWAY ORDERING TERMS & CONDITIONS
Correct as at 8 February 2019
These Terms & Conditions of Use govern your use of the A-Thai-5 Restaurant and Takeaway website and applications, including online ordering. These Terms & Conditions of Use apply to all users of the A-Thai-5 Restaurant and Takeaway website. References to 'website' include the following (as appropriate):
https://www.a-thai-5.com any other site, services (including web-services), software, application or media managed by A-Thai-5 Restaurant and Takeaway. Your use of the A-Thai-5 Restaurant and Takeaway website constitutes your acceptance of these Terms & Conditions of Use.
Subject to law, A-Thai-5 Restaurant and Takeaway may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use.
A-Thai-5 Restaurant and Takeaway recommends 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.
PRIVACY POLICY
The A-Thai-5 Restaurant and Takeaway Privacy Policy forms part of the Terms & Conditions of Use and can be found on our Privacy Policy web page.
THE WEBSITE
A-Thai-5 Restaurant and Takeaway 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.
The website contains many valuable trademarks owned and used by A-Thai-5 Restaurant and Takeaway. These trademarks are used to distinguish A-Thai-5 Restaurant and Takeaway products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of A-Thai-5 Restaurant and Takeaway.
The A-Thai-5 Restaurant and Takeaway text and graphics contained in the website are the exclusive property of A-Thai-5 Restaurant and Takeaway, its affiliates or related entities. Except where otherwise noted,the text and graphics contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of A-Thai-5 Restaurant and Takeaway.
ONLINE ORDERING
If the website or an application is used (including for online ordering), you are responsible for maintaining the confidentiality of your personal details, password (if applicable) and payment details. You agree to accept full responsibility for all your activities on our website and applications (including for online ordering). You also acknowledge that you are fully responsible for the activities of any individual who accesses our website or applications (including for online ordering) using the electronic device which remains logged in to your registered account.
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. A-Thai-5 Restaurant and Takeaway 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 and/or booking/s in its sole discretion and without prior notice to you.
A-Thai-5 Restaurant and Takeaway does not guarantee that the website, applications and online ordering system will be error-free or that any errors will be corrected. A-Thai-5 Restaurant and Takeaway 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 A-Thai-5 Restaurant and Takeaway 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 A-Thai-5 Restaurant and Takeaway 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 (online prices include GST and expressed in Australian currency);
Indemnify A-Thai-5 Restaurant and Takeaway from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.
INDEMNITY
You agree to defend, indemnify and hold harmless A-Thai-5 Restaurant and Takeaway, Anong Ferguson 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 & 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 A-Thai-5 Restaurant and Takeaway.
GENERAL
These Terms & Conditions of Use shall be governed by the laws of the Queensland, Australia. Any claim or dispute between you and A-Thai-5 Restaurant and Takeaway that arises in whole or in part from the A-Thai-5 Restaurant and Takeaway website shall be decided exclusively by a court of competent jurisdiction located in Brisbane, Queensland. These Terms & Conditions of Use, together with the A-Thai-5 Restaurant and Takeaway website Privacy Policy and any other legal notices published by A-Thai-5 Restaurant and Takeaway on the website, shall constitute the entire agreement between you and A-Thai-5 Restaurant and Takeaway concerning the website.
If any provision of these Terms & Conditions of Service or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Service and/or Privacy Policy as applicable, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by A-Thai-5 Restaurant and Takeaway to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision.