Terms AND CONDITION

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What do these terms and conditions regulate?

This site http:\\www.kalaragrillhouse.com.au ("Website") is made available by KALARA GRILL HOUSE ("KGH", "we", “our" or "us"). Any reference to "KGH", "we", "our" or "us" includes our employees, officers, directors, agents and related body corporates.

These terms and conditions of service ("Terms") apply to any person who uses, accesses, refers to, views and/or downloads ("users", "you" or "your") the information made available by us on the Website for whatever purpose ("Content"). The services covered by these Terms include the display of Content and your ability to view, access, use, and/or download the Content on the Website ("Services").

You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment that you may need to use and access the Website and the Services. You must provide your own hardware, software (e.g. modem and internet connectivity) and telecommunications infrastructure to use and access the Website and the Services.

Your agreement to these Terms

By continuing to access our Website and/or use our Services in any way, you agree that you enter into a legally binding contract with us upon these Terms and our Privacy Policy which is accessible at http://www.kalaragrillhouse.com.au/privacy-policy ("Privacy Policy").

These Terms, the Privacy Policy and any additional document we incorporate by reference in these Terms, including the terms and conditions relating to any products ordered online and our loyalty program that are also available on the Website, constitute the complete and exclusive understanding and agreement between you and us.

If you do not agree with these Terms, the Privacy Policy or any policies or additional documents we incorporate by reference, or any subsequent changes to them or to the Website, you must stop using the Website and our Services.

We may update or amend these Terms at any time in our sole discretion. Each time you use the Website and/or our Services, it is your responsibility to review these Terms and the Privacy Policy for any updates or amendments. If you do not agree with any updates or amendments, you must stop using the Website and our Services.

You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance obtaining a copy, please send an email to customercare@kalaragrillhouse.com.au.

Accessing and using the Services

The Website and the Services may contain links to other third-party websites, including social media platforms and forums ("Third Party Websites"). If you link to Third Party Websites, you will be subject to the terms, conditions and policies of those Third-Party Websites.

We do not allow copyright infringing activities or infringement of intellectual property rights on the Website. In our sole discretion we may remove any Content we determine infringes on another's intellectual property rights or our own.

Hyperlinks provided on the Website to external sites not controlled by us are provided on an "as is" basis and we do not necessarily agree with, edit or sponsor the content on such websites.

No person, business or website may frame the Website or any pages on the Website in any way.

Loyalty programs and competitions

Other competitions, promotions or programs may be offered by us from time to time. The terms and conditions for those competitions, promotions or programs will be specified on the Website at the time. By entering or participating in a competition, promotion or program you agree to be bound by the relevant terms and conditions specified on the Website at the time. Notwithstanding any specific competition, promotion or program terms and conditions, we retain the right, at any time and without notice, to remove, alter or add to competitions, promotions or programs on the Website without any liability to you provided such alteration or addition will not affect the terms of any competition, promotion or program entered into by you prior to the alteration or addition.

Ordering catering online

We offer an online catering order service for our products that is subject to our online catering orders terms and conditions at https://catering.kalaragrillhouse.com.au/site (“Catering Website”). By ordering catering from and accessing and using the Catering Website you agree to our online catering orders terms and conditions.

Catering orders must be placed with a minimum 24 hours’ notice for orders placed before 3:00pm Monday to Thursday and 48 hours’ notice for orders placed before 3:00pm Friday to Sunday. For orders over $500 additional minimum notice may be required based on volume and availability and a representative of ours will contact you if this is the case.

Payment for catering orders must be made through the Catering Website via credit or debit card at the time of placing your order. No order will be processed without payment and no cash payments will be accepted. If an item is out of stock, or your selected time for pick up is unavailable, one of our representatives will contact you to make alternate arrangements.

Menu prices and offerings are updated from time to time. Items will be charged at the price applicable at the time you submit your catering order as shown on the invoice.

The minimum catering order is $150 and the Catering Website will list the applicable minimum and maximum quantities of each item. If you need more flexibility, please (catering@kalaragrillhouse.com.au) and we will endeavour to accommodate your requests.

If you are not satisfied with an item, please email (catering@kalaragrillhouse.com.au) and include the full details of what you ordered and why you were unsatisfied. If deemed appropriate by KGH, in its sole discretion, a refund or part refund will be provided for the unsatisfactory item(s). Refunds are only applicable if you inform us by 9:00pm on the day your catering order is collected.

We do not offer delivery for catering orders. All catering orders must be collected by you from a designated KGH mobile food trailer which will be confirmed via telephone, email or directly by the KGH filling the catering order.

Cancellations of any online catering orders within 24 hours of the scheduled collection time will incur a 50% cancellation fee.

We will attempt to honour requests to change any part of a catering order (e.g. adding or deleting items and/or changing the collection time), however we cannot guarantee that the request will be met if received within 24 hours of the scheduled collection time.

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 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.

It is your responsibility to check the food safety stickers on the packaging of your catering order that notes the date the products must be consumed by. Generally, we recommend our products be consumed within 4 hours of the time and date indicated on the stickers.

By disclosing or submitting your personal information to us when making a catering order, using the Catering Website or creating an account, we will handle the collection, processing, use and storage of your personal information in accordance with our Privacy Policy.

Ordering products

All ingredients, products and menu items are subject to availability.

At KGH discretion, menu items may be available at selected restaurants only and/or available through a particular channel only (e.g. dine-in, takeaway and/or delivery).

All menu items should be consumed responsibly.

Where available, bottomless drinks are restricted to one (1) bottomless glass per person for dine-in consumption only.

KGH cannot guarantee that menu items are free from allergens as there is always a risk of allergen traces due to cross-contact. Read KGH full allergen information here.

Ordering products online

We provide an online ordering website https://www.kalaragrillhouse.com.au/menu (“Ordering Website”), a link through the KGH Australia mobile application (“App”) and a platform for orders placed at tables in our restaurants through the App (“@TableOrdering”) for you to place online orders with us to purchase our products for collection by you.

Access to our Online Ordering Platforms

You can access some areas of the Online Ordering Platforms without placing an order or registering your details with us, however by accessing any part of our Online Ordering Platforms, you agree to these Terms and our Privacy Policy.

The version of these Terms published on the Website at any given time are those in full force and effect at the time you place an order for products through an Online Ordering Platform, which are binding on you when you place an online order.

We make every reasonably and commercially viable effort to ensure that our Online Ordering Platforms are available 24 hours a day and 7 days a week, however we are not liable if our Online Ordering Platforms are unavailable at any time due to planned or unplanned maintenance or for any other reason.

Access may be suspended to the Online Ordering Platforms temporarily at any time without prior notice to you.

Use of our Online Ordering Platforms

You are permitted to use our Online Ordering Platforms for your own personal and non-commercial use only.

You assume full responsibility for any associated costs or charges that you incur by using our Online Ordering Platforms.

Your information

When you place an order through our Online Ordering Platforms you will be required to provide us with personal information, including your full name, email address, delivery address (where you choose delivery for orders made through the Ordering Website or App), mobile phone number and payment information.

Our Privacy Policy governs how we deal with your personal information.

Placing your online order

You must be at least 18 years old to access, use and place an order through our Online Ordering Platforms.

Orders placed by you through our Online Ordering Platforms will either:

be collected by you directly at your designated KGH location if you have ordered through @TableOrdering or selected pickup during the checkout process when ordering through the Ordering Website or App.

We reserve the right to refuse, without refund, orders made by third party delivery services placed via our Online Ordering Platforms.

To place an order via our Online Ordering Platforms, you must:

select the KGH online order

select the products you wish to order (“Order”);

select your preferred and available collection or delivery method (pick-up for any Order, dine-in for Orders placed through @TableOrdering or delivery for Orders placed through the Ordering Website or App);

insert your estimated pick-up collection time or your preferred delivery time;

provide your payment information;

provide all other requested information to finalise your Order, which may include offer redemption selections, order notes

accept the opportunity to submit your Order; and

check all information that you have entered is correct and if not correct any errors as we are unable to correct these once we have started processing the Order; and

once the Order details are correct, submit your Order.

By placing an Order on the Ordering Website or App for delivery, you accept that your Order will be fulfilled from KGH directly depending on your delivery postcode area, and that you will enter into an agreement with KGH as the case may be.

Despite clause 6.5.7, payments made through the Ordering Website and App are made directly to KGH. 

KGH accepts no liability or responsibility for incorrectly placed Orders.

Payment via credit or debit card will be debited from your account in the timescales set by your card or account provider.

You will be responsible for any associated costs or charges that may be incurred through the payment platform or your card provider by using the Online Ordering Platform.

Cancelling or changing your Order

You may request to cancel or change your Order after it has been submitted and payment has been authorised through the relevant Online Ordering Platform for pick-up or dine-in Orders only (expressly excluding delivery Orders) by e-mail(catering@kalaragrillhouse.com.au) and

requesting the cancellation or change at least 2 hours prior to the requested collection time.

No refund will be permitted if you attempt to cancel or change your Order within 30 minutes prior to the requested collection time or if the Order was made for delivery.

If you successfully cancel or change your Order, your original payment will still be processed, but if you are eligible for a refund, you can have this handled by following the refund request process in clause 7.11.

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 or before your Order is collected by delivery third parties. We will try to replace the unavailable product with another product of similar or equal value or refund the amount you paid by following the refund request process in clause 7.11.

Collecting your Order

If you have chosen to collect your Order you must:

collect your Order at the chosen KGH mobile food trailer and at the nominated time you selected through the Online Ordering Platform;

make yourself known to one of the restaurant team members on arrival; and

show a valid form of proof of identity on request.

We will endeavour to have your Order ready for you at the time selected by you.

Delivering your Order

If you have chosen to have your Order delivered, you must be available to accept delivery from your nominated delivery address.

The delivery of your Order will be fulfilled by Door Dash.

We will use all reasonable and commercially viable endeavours to ensure your Order is delivered within the timeframe requested, however factors outside of our control, including traffic and weather conditions, may prevent on time delivery.

If you cancel your Order after submission, you will be charged the full price for the product(s) if food preparation has started and the full price for delivery if the driver has been dispatched.

You will be charged for failed delivery Orders caused by you including your failure to come to the door or pick up the phone when contacted by the driver, your provision of incorrect contact or delivery information or in circumstances where the delivery driver is unable to find a safe location to leave the Order where you fail to come to the door.

Requesting a Refund

If you are not happy with a product and would like to request a refund, please apply for an automatic refund through the Website or App (where and when available) by following the prompts and meeting the following pre-conditions:

available 2 hours after, and up to 7 days after, an order has been placed);

a maximum refund amount of $20 (Refund Threshold);

capped at 2 automated refunds in a 6-month period and 3 automated refunds in a 12-month period per customer within the Refund Threshold.

accept the automatic refund payment conditions as follows:

if the original payment method was by debit/credit card or through PayPal, a choice between having the refund processed to the original payment method (5-7 business days);

Customer service

Customer care is extremely important to us. Our Customer Care team will try to assist you within business hours if you have any problems with your Order through the contact details available on our website.

We do our best to ensure that our product names, descriptions, prices, nutritional information and allergenic warnings are accurate. If you are in any doubt as to the contents of any of our products you should confirm with KGH directly before you place your Order.

Termination of use

We may terminate or suspend your right to use or place orders from our Online Ordering Platforms immediately by notifying you if we believe, in our sole discretion, that you have breached these Terms.

Our products are sold on a direct to customer basis, where the person who places the order online or uses our Online Ordering Platforms collects their order in person, or has the order delivered to them, for the purposes of private consumption.

You are not entitled to re-sell our products ordered on our Online Ordering Platforms for your own commercial gain or use.

Accuracy of information

Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all Content available on the Website, the Content is intended and produced for general information purposes only, and to the maximum extent permitted by law, should not be relied upon by you as specific advice of any kind.

You understand and agree that the information, details and descriptions set out on the Website, including details regarding prices, menus, products and services may change from time to time and you will be bound by these charges from the date the changes are posted on the Website.

You acknowledge that any nutritional advice on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever.

Your obligations when using the Website and the Services

You may not use the Website to obtain or distribute:

copyrighted material or material protected by law without our prior written consent; or

material containing viruses or any other destructive materials, data or code which can corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.

You must not do anything that may jeopardise or interfere with the functionality or the operation of the Website or Services or any part of the website or Services.

You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as these acts.

You are not permitted to intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.

The Website and the Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Content.

You are not permitted to frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content, incorporate any part of the Content in any other work or publication and/or perform any other act which may not be considered fair use. On notice by us, you agree to cease any activity which we do not consider, in our sole discretion, to constitute fair use.

Any restrictions on the use of the Website or the Content also applies to any part of the Website or the Content which may be cached when using the Website or the Content.

You shall not and shall not allow a third party to:

decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content ("the Software") or any files contained in or generated by the Software by any means whatsoever;

remove any product identification, copyright or other notices from the Software or documentation; or

download, store or disseminate performance information or analysis of the Software from any source relating to the Software.

Intellectual property rights

Unless expressly granted herein, we reserve all rights (including all intellectual property rights) to the Website and Content we make available on or via the Website.

You agree not to use, copy or distribute any of the Content other than as expressly permitted in these Terms, including any use, copying or distributing of third-party Content obtained through the Website for any commercial purposes. If you download or print a copy of the Content for your personal use, you must retain all copyright and other proprietary notices.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content. All our moral rights and those of our employees and/or agents are reserved.

Any reproduction, modification or creation of derivative works from, or redistribution of, the Website, the Content or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content or any portion of the Website or the Content to any other server or location for further reproduction or redistribution is expressly prohibited.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any aspect of the Website or the Services.

Collection of Personal Information

We collect personal information from you. We will handle the collection, processing, use and storage of your personal information in accordance with our Privacy Policy.

By disclosing or submitting your personal information to us, you consent to us collecting, processing, using and storing your personal information for the purposes you provided the personal information to us and for those purposes described in our Privacy Policy.

Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold us and our officers, employees, agents, related body corporates, successors, assigns, service providers and suppliers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to solicitors' fees) arising from:

your use of and access to the Website, App, Content, Online Ordering Platforms and/or the Services;

your violation of any of these Terms;

your violation of any third party right, including any copyright, trademark, trade secret or other property or privacy right; and/or

any claim that the Content caused damage to you or a third party.

The defense and indemnification obligations referred to in clause 12.1 will survive termination, modification or expiration of these Terms and your use of the Services and the Website.

Limitation of liability

Subject to clause 13.2 below, neither us nor any of our officers, employees, agents, related body corporates, successors, assigns, service providers and suppliers shall be liable for any damage, loss or liability of whatsoever nature arising from your use of, or inability to use, the Website, the Services or the Content provided from and through the Website, including the App and the Online Ordering Platforms. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the Services will be uninterrupted and error free.

No provision of these Terms (or any contract governed by these Terms):

limits or exempts us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and

requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.

Exclusion of warranties and representations

While the products and Services sold via the Website may be subject to the additional payment terms and conditions accessible via the Website, to the maximum extent permitted by law, the Website and the Content are supplied on an "as is" basis and have not been compiled or supplied to meet your individual requirements. It is your responsibility to satisfy yourself prior to accessing and using the Website or the Services that the Content and the Services available from and through the Website will meet your individual requirements and be compatible with your hardware and/or Software.

To the maximum extent permitted by law, the Website and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content or the Services.

Assignment

These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by us in our sole discretion without restriction. Any assignment or transfer by you shall be null and void.

Successors and assigns

These Terms shall inure for the benefit of, and be binding on, successors and assigns.

Violation of Terms

Please report any violations of the Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of by contacting us at https://www.kalaragrillhouse.com.au/contact-us. Any failure by us to act on a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

Electronic communications

By using the Website and/or the Services you agree that all agreements, notices, disclosures and other communications sent satisfy any legal requirements, including the requirement that such communications should be "in writing". For the purposes of this clause, a "data message" means data generated, sent, received or stored by electronic means.

You agree specifically that:

agreements will be treated as if they were concluded at our physical address on the date you first made any use of the Website and/or the Services;

an electronic signature is not required for purposes of agreeing to these Terms;

your use, and continued use, of the Website and/or the Services is enough evidence of your agreement to these Terms each time you access or use the Website or the Services;

any data message sent will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within Australia;

any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us;

a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or by a person who has authority to act on our behalf in respect of that data message; and

subject to our Privacy Policy, all users of the Online Ordering Platforms may receive communication from us, our related body corporates or authorised third parties. There will be an “opt out” option in email communications from us.

Interpretation and miscellaneous provisions

These Terms and the relationship between us shall be governed and construed in accordance with Australian law. Any disputes arising in connection with these Terms and our Services shall be subject to the exclusive jurisdiction of the courts in the State of Victoria, Australia.

If any provision of the Terms are found by a court of competent jurisdiction to be invalid (including because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to our respective intentions as reflected in the Terms.

The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the contract or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

Security

The transmission of information via the Internet is not completely secure and data is submitted at your own risk. Although we take the steps required by applicable laws to protect your information, we cannot guarantee the security of your data transmitted to the Website.

How to contact us

If you have questions about these Terms, our Privacy Policy, the Services, the Content, the App, the Online Ordering Platforms or any documents incorporated by reference in these Terms, please contact us at https://www.kalaragrillhouse.com.au/contact-us.