REFUND POLICY
INTRODUCTION
Here at Furneaux Restaurant & Comptoir, we pride ourself with par excellent food products and services. If you are not fully satisfied your meal please let us know. We will replace or refund your order and make sure that your next experience with us is an awesome one! Please be aware that while we do everything from our end to complete this refund as soon as possible, it may take up to 10 business days for the refund to be processed, depending on your financial institution and the transaction type (ie Credit Card). The following outline the refund policy in general.
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REPLACEMENT AND REFUND
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1. Subject to any rights that the Consumer may have under the Australian Consumer Law, The Furneaux Restaurant & Comptoir and the Customer agree
that:
a) the Customer will be deemed to have accepted the Online Ordering from the Commencement Date; and
b) the Customer will be deemed to have accepted the Food & Beverages unless it notifies The Furneaux Restaurant & Comptoir over the phone or in
person. The Furneaux Restaurant & Comptoir will not accept a return of the Food & Beverages due to food safety. The Furneaux Restaurant &
Comptoir will not be liable for any other costs incurred by the Customer in the event that a refund is authorised by The Furneaux Restaurant &
Comptoir.
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TERMINATION
1. Without limiting the generality of any other clause in the Agreement, The Furneaux Restaurant & Comptoir may terminate the Agreement immediately
if:
a) the Customer failed to advise on any special dietary requirements or food allergies;
b) the Customer is in breach of any term of the Agreement and such breach is not remedied within five (5) business days of Furneaux Restaurant &
Comptoir notifying the Customer of that breach;
c) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;
d) the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; or
e) the Customer, being a natural person, dies.
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2. On termination of the Agreement for whatever reason, the Customer undertakes to pay all and any outstanding amounts payable under this Agreement (whether accrued prior to or after termination, including but not limited to the Charges and Chargeback Fee.
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INDEMNITY
You indemnify The Furneaux Restaurant & Comptoir against all claims, costs, expenses, damage and loss including but not limited to, any costs relating to the recovery of any Charges and Chargeback Fee that are due but have not been paid by You, that arises from:
a) any Chargeback, Invalidated Payment or Reversal;
b) Your breach of the Agreement or any obligation You may have to The Furneaux Restaurant & Comptoir; or
c) any dispute arising between You and Your consumers or banking and/or payment authorities.
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CONFIDENTIALITY
1. Unless the relevant party has the prior written consent of the other or unless required to do so by law:
a) each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with the Agreement. Neither party will,
without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own
benefit, other than as contemplated by the Agreement.
b) each party's obligations under this clause will survive termination of the Agreement.
c) You shall take all reasonable steps to ensure that Your employees agents, subcontractors or related entities, do not make public or disclose The
Furneaux Restaurant & Comptoir's Confidential Information. If You become aware that any of Your employees, agents, sub-contractors or related
entities pass on any Confidential Information to any other party, then You shall notify The Furneaux Restaurant & Comptoir in writing immediately;
and
d) the provisions of this clause shall not apply to any information which:
e) is or becomes public knowledge other than by a breach of this clause;
f) is received from a third- party who lawfully acquired it and who is under no obligation restricting its disclosure;
g) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
h) is independently developed without access to the Confidential Information.
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IMPLIED TERMS
​Save for any terms, conditions, guarantees, warranties, indemnities or other rights which may arise under the Australian Consumer Law or other legislation and which cannot be excluded, all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded. To the extent legally possible any liability that The Furneaux Restaurant & Comptoir may have to the Customer in relation to the Goods and Services which cannot be excluded shall be limited to, at our discretion, either the supplying of the Goods and Services again or the payment of the cost of having the Goods and Services supplied again and The Furneaux Restaurant & Comptoir shall not be liable for any injury loss expense or damages of any kind whatsoever or however arising whether directly, indirectly, consequently or contingently to any person or property and without limiting the generality of the foregoing, The Furneaux Restaurant & Comptoir shall not be liable for any losses, expenses or damages caused by delays or any other reasons or additional expenses incurred by the Customer including losses of prospective profits or actual profits incurred by the Customer.​
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LIABILITY OF THE FURNEAUX RESTAURANT & COMPTOIR
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1. Subject to the Australian Consumer Law, the Goods and Services supplied herein are general purpose Goods and Services only and no reliance by the Customer has been placed upon the skill or judgment of The Furneaux Restaurant & Comptoir or its agents or representatives to select the Goods and Services or any part thereof ordered herein for any particular purpose, and the Agreement is made without any warranty by The Furneaux Restaurant & Comptoir that the Goods and Services are suitable for any particular purpose. The Customer warrants that it has not relied on any representation made by The Furneaux Restaurant & Comptoir which has not been stated expressly in the Agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by The Furneaux Restaurant & Comptoir.
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2. The Customer will at all times indemnify and hold harmless The Furneaux Restaurant & Comptoir and its officers, employees and agents ("those indemnified") from and against any action, liability, claim, loss, damage, proceeding, expense (including reasonable legal costs and expenses) suffered or incurred by any of those indemnified, whether directly or indirectly, in connection with:
a) a breach or non-observance of by the Customer of its obligations under the Agreement;
b) any Data submitted by the Customer;
c) the Customer's use or access of any of the Goods or Services, Device or Platform;
d) any breach or inaccuracy in any representations or warranties by the Customer, including but not limited to any of the Customer's warranties and promises contained in clause 3; or
e) any wilful, unlawful or negligent act or omission of the Customer, its directors, officers, employees, contractors, agents, consumers or banking and/or payment authorities.
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3. Subject to the Australian Consumer Law, The Furneaux Restaurant & Comptoir accepts no liability for the loss of Data where such loss is wholly or partly caused by factors beyond the The Furneaux Restaurant & Comptoir's reasonable control including, but not limited to, failure or fault in the hosted environment of the Online Ordering, defective network or Internet connections, defective equipment utilised by the Customer or incorrect operation by the Customer of its own Device or other access facilities.
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4. The Customer acknowledges and agrees that the allocation of risk contained in the Agreement is reflected in the Charges, and the fact that the Online Ordering cannot be tested in every possible combination, operating conditions or Online Ordering, and it is not within The Furneaux Restaurant & Comptoir's control how and for what purpose the Online Ordering is used by the Customer.
ASSIGNMENT AND NOVATION
1. The benefit of the Agreement must not be assigned by the Customer without The Furneaux Restaurant & Comptoir's written consent.
2. The Furneaux Restaurant & Comptoir may consent to the assignment or novation of the Agreement by the Customer subject to such conditions as it chooses to impose.
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THE FURNEAUX RESTAURANT & COMPTOIR'S RIGHTS
Any express statement of a right of The Furneaux Restaurant & Comptoir's under the Agreement is without prejudice to any other rights of The Furneaux Restaurant & Comptoir's expressly stated in the Agreement or existing at law.
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GOVERNING LAW
The parties to the Agreement shall be bound by the laws of the State of Victoria in relation to all matters arising from all contracts between the parties and the parties agree to submit to the non-exclusive jurisdiction of the Court of Victoria and the Federal Courts of Australia and that any legal proceedings may be heard in these courts.
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SEVERABILITY
If any part or provision of the Agreement is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of the Agreement will be binding on the parties.
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NOTICES
Any notice given under the Agreement by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to The Furneaux Restaurant & Comptoir must be sent to info@furneauxrestaurant.com.au or to any other email address notified by email to You by The Furneaux Restaurant & Comptoir. Notices to You may be sent via electronic messages, including email, text message/SMS, or mobile push notifications, to the email address or the numbers which You provided when setting up Your access to the Online Ordering.
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RIGHTS OF THIRD PARTIES
A person who is not a party to the Agreement has no right to benefit under or to enforce any term of the Agreement.
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VARIATION TO TERMS
The Terms of Trade cannot be varied without Our written consent. The Furneaux Restaurant & Comptoir reserves the right to change the Terms of Trade at any time, effective upon the posting of modified Terms of Trade and The Furneaux Restaurant & Comptoir will make every effort to communicate these changes to You via notification via the Platform. It is likely the Terms of Trade will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms of Trade available on the Platform.
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PREFERENTIAL PRICING OR DISCOUNTS
You may from time to time be offered preferential pricing or discounts for the Charges as a result of the number of organisations that You have added to the Online Ordering or that have been added with Your authority or as a result of Your use of the Online Ordering ("Organisations"). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Charges in relation to all of Your Organisations. Without prejudice to any other rights that The Furneaux Restaurant & Comptoir may have under these Terms of Trade or at law, The Furneaux Restaurant & Comptoir reserves the right to render invoices for the full (non-discounted) Charges due or suspend or terminate Your use of the Online Ordering in respect of any or all of Your Organisations in the event that any invoices for those Charges are not paid in full by the due date for payment.​​