CHICKEN TREAT ONLINE ORDERING TERMS AND CONDITIONS

The Chicken Treat Online Ordering facility (“the Service”) is provided by Australian Fast Foods Pty Ltd ACN 008 647 907 (referred to as “Chicken Treat”, “us” or “we”).

These terms and conditions apply to the use of the Service when it is used as an online ordering facility.

By placing an order using the Service you confirm that you have read and understood these terms and conditions and agree to be bound by them (as may be changed from time to time) and you consent to Chicken Treat’s collection, use and disclosure of your personal information in accordance with Chicken Treat’s privacy policy (refer to https://www.chickentreat.com.au/privacy/ ) as may be amended from time to time and incorporated here by reference.

USE OF THE SERVICE

The Service is only available to individuals aged 18 years or over who are resident and accessing the Service in Australia via the Chicken Treat website and associated applications.

Those persons under the age of 18 are eligible to order provided they are over the age of 13 and receive parental or guardian consent. Parents/guardians may be required by Chicken Treat to enter into a further agreement as evidence of consent for a minor to order online.

Chicken Treat may, in its absolute discretion, refuse to provide the Service to any person for any reason and Chicken Treat will not be liable for any costs, loss or damage incurred by you if we refuse to provide the Service to you.

PLACING AN ORDER

To place an online order using the Service, you must follow the prompts on the ordering pages of the Service. You are able to correct errors on your order up to the point on which you click the “Checkout” button on the “Your Order” page.

You must provide the requested information for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements.

We will use various procedures to authenticate each transaction. In the event we consider that we cannot authenticate a transaction then we may, in our absolute discretion, cancel it.

By placing an order you confirm that all information contained in the order is correct.

ORDER CONFIRMATION

After you click on the required payment option on the “Check your delivery details”, you place your order with us and we receive your order, the system will send an automated email to the email address you have provided, setting out the details of your order.

You cannot change any order you place with us.

Any order placed using the Service is an irrevocable offer by you to purchase the particular items referred to in the order for the price stipulated.

We may, at our sole discretion, accept or reject an order we have received.

Each order placed for items using the Service that we accept results in a separate binding agreement between you and the owner of the Chicken Treat restaurant supplying those items.

FEES AND CHARGES

We will charge you and you agree to pay the following fees and charges in relation to any order made using the Services:

The purchase price for each item comprising the order; and

Any other fees and charges set out in the terms and conditions including delivery fees.

We reserve the right to alter the agreed price for any items contained in an order if an incorrect price was cause by a software fault, error or malicious attack.

A surcharge may be payable on Public Holidays and will be included in the product pricing.

PAYMENT VIA DEBIT/CREDIT CARD

For orders paid by credit card or debit card, your card will be debited with the relevant amount once you press “Pay Securely” on the “Card Details” page. To protect you against fraud, we may require that the card used to pay for an order to be presented at the time of collection of your order.

The card must belong to the person placing and receiving the order. You must ensure that the card is registered in your name and your account has sufficient funds available to cover your order and any applicable fees.

We accept the following credit cards only:

VISA; and

Mastercard.

If we are unable to successfully process your credit card payment for your order that is accepted by us then we may notify you of dishonour and cancel the order.

You must not pay or attempt to pay for items using the Service through any fraudulent or unlawful means.

CATERING ORDERS

We offer an online catering order service for our products that is subject to these terms and conditions.

Catering orders must be placed with a minimum 48 hours’ notice. We may at our discretion require longer preparation times for large order or availability of product.

The minimum catering order is $60 and the Catering Website will list the applicable minimum and maximum quantities of each item.

If you use a third party delivery service to collect your catering order, we take no responsibility for the proper handling and storage of the food collected by the third party delivery service (including allergen cross-contamination during the delivery process). By using a third party delivery service, you acknowledge and agree that the products you consume are your responsibility and (to the extent permitted by law) you release us from any liability whatsoever, whether in contract, tort (including negligence) or otherwise, for any illness suffered or any loss or damage incurred as a result of your use of a third party delivery service and/or consumption of our products delivered to you by a third party delivery service.

MINIMUM AND MAXIMUM ORDERS

The Service is only available where:

• The minimum order is A$22.00 for delivery orders;

• The minimum order is A$65.00 for catering orders;

• The maximum order (paid for by credit card) is A$300.00 for click and collect and delivery orders.

• The maximum order is A$2,000 for catering orders.

REFUNDS & CANCELLATION POLICY

You may request to cancel or change your Order after it has been submitted and payment has been authorised through the Online Ordering Platform for non-catering pick-up orders only, and only whereby the order has not been sent for preparation to the store by you. Requests for cancellations may be made by contacting the store by telephone or contacting Chicken Treat through the Chicken Treat website.

No refund will be permitted if you attempt to cancel or change your Order after submitting the order for preparation.

If we are unable to fulfil your Order, or if a product is no longer available, we will contact you either before you collect the Order at your chosen Chicken Treat restaurant or before your Order is collected from the Chicken Treat restaurant fulfilling your delivery. We will seek to replace the unavailable item with another item of similar or equal value or refund the amount that you have paid for that unavailable item.

If an order via delivery is cancelled by the delivery provider, or cancelled by the Chicken Treat online ordering system for any reason, refunds will automatically be applied within 7 business days.

For manually processed and approved refunds, these will be credited within 7 business days.

PERSONAL INFORMATION AND SECURITY

We use secure service software to make our internet transaction secure. You should review our privacy policy to find out how we may use and disclose your personal information. You agree that all information provided by you is true and correct that any material information not be withheld and you will provide us with any additional information that may be required by us.

All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, your order will not be accepted.

RISK AND TITLE

Risk in the items ordered using the Service passes to you on the date and time of receipt of the order and title of these items passes to you on the latter of:

Payment of those items;

Receipt of those items.

LIMITATION OF LIABILITY

We use reasonable care and skill in providing the Service and are (to the extent provided by law) not liable for any of the following:

If we do not perform any of our obligations to you due to failure of any technical systems or for any other reasons beyond our control;

For any damage to your computer or mobile phone or other facilities as a result of using the Service; or

Any indirect, or consequential losses, claims or damages (including without limitation loss of profit, loss of production, loss of contracts, loss of opportunity) suffered by you or incurred from your use of this Service however caused.

Our maximum liability (to the extent provided by law) to you in respect of each use of the Service shall be the refund of the purchase price of your order.

INDEMNITY

You must indemnify us from and against all claims, liabilities, damage, suits and losses made against or suffered by us as a direct result of:

Your fraudulent or wilful negligent act or omissions;

Any breach of these terms and conditions by you;

Your act or omissions which causes us to be in breach or any law or regulation; or

Personal injury, death or property damage caused or contributed to by you.

GENERAL RESTRICTIONS

You must not:

use the Services for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

use the Services in a manner or way which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Services;

make fraudulent or speculative enquiries, purchases or requests using the Services;

use another person’s details without their permission or impersonate another person when using the Services;

tamper with or hinder the operation of the Services;

knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to our website or associated application associated with our Services;

reformat or frame any portion of the web pages that are part of our website or associated application associated with our Services;

use our website or associated application associated with our Services to violate the security of any computer or other network or engage in illegal conduct; or

use the Services other than in accordance with these terms and conditions.

WARRANTIES

You warrant that:

all information and data provided by you to us using the Services is true, accurate, complete and up to date; and

the person receiving any items ordered on your behalf is authorised by you to do so.

INTELLECTUAL PROPERTY RIGHTS

You:

acknowledge that the copyright in the website, associated application, the software, design, text and graphics associated with the Services and its content and materials (together, the “Materials”) are owned by or licensed to us;

must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

must not frame or embed in another website any of the Material without our prior written consent.

The Materials contain registered trade marks and other trade marks which are protected by law. You must not use any of these marks or trade marks or our name or the names without our prior written consent.

ALTERATION OF TERMS

We may, at any time, with immediate effect, change or withdraw the Service or these terms and conditions without liability to you. If we revise these terms and conditions, we will post a revised version. By using the Service after we have changed these terms you will be accepting the changes.

THIRD PARTY RIGHTS

When you place an order via the Service and we receive the payment for the order and accept your offer to enter into the contract for the related Service, we are entering the contract with you personally (save and except to the extent that the Chicken Treat restaurant delivering your order is owned by a franchisee, in which case the contract in respect of the supply of the order is between you personally and that franchisee). Nothing in these terms will confer any benefit on any third party or any right to enforce these terms on any third party.

LAW AND JURISDICTION

Our relationship should be governed and interpreted according to the laws of the State of Western Australia. Any disputes which cannot be resolved between us shall be resolved in the courts of Western Australia.

COMPLAINTS AND COMPLIANCE

If you have any comments or complaints in respect of our Services please contact the Customer Service team via https://www.chickentreat.com.au/contact

AGENCY

Where an order is prepared, processed and received from a Chicken Treat store that is franchised by us:

We merely act as an agent of that franchisee;

We in the capacity as agent, collect and process any online payments and remit them to the relevant franchisee;

We do not in those circumstances provide you with any goods or services; and

We make no warranties or representations regarding the goods and services to be provided (including availability and collection).