Chargrill Charlies Holdings Pty Ltd ABN 34 619 928 666 (CC), its associates, related bodies corporate and franchisees in the Chargrill Charlies franchise system (collectively us, we or our).

These Terms and Conditions govern your use of this web site, our mobile application (App) and other associated platforms (collectively referred to as the Services) and your use of the Services indicates your acceptance of these Terms and Conditions.

We may from time to time amend, update or change the Services including these Terms and Conditions without prior notice. If you continue to use the Services after any such change, you will be deemed to have accepted the changes.

Privacy

Please refer to our Privacy Policy, which forms part of these Terms and Conditions (see https://www.chargrillcharlies.com/privacy).

Information on the Services

We do not undertake to keep the Services updated. We are not liable to you or anyone else if there are errors in any information on the Services or if that information is not up to date. The fact that information about a product is published on the Services site does not imply that the product is available. Pricing information is subject to change without notice.

User account

In order to access certain functions of the Service, you must register with us and be assigned account login credentials (including a username and password). You must be at least 18 to create an account. You can register with us using a third party account (e.g. Facebook, Apple or Google account) or by manually inserting the required details. If you log in through your third party account, you grant us the right to access and use the details on such account.

It is your responsibility to ensure that the details provided to us are accurate and up to date. You must at all times keep your username and password secure and confidential and not disclose them to any third party. You are solely responsible for any use of the Services by any person using your username and password. You agree to release and indemnify us in relation to any claims, loss or liability arising out of the unauthorized use of your username or password. You must notify us immediately if you become aware of any unauthorized use of your account. You must not register multiple accounts or create an account for a person other than yourself. We may from time to time request identification from you in order to verify your identity.

Ordering and payment

Orders are prepared, processed and received by a Chargrill Charlies location which is a related body corporate of CC or a franchisee in the Chargrill Charlies franchise system (Provider). Chargrill Charlies Franchise Holdings Pty Ltd ACN 619 933 265 (Agent) only acts as an agent of that Provider to collect and process any online payments and remit them to the Provider. The Agent does not provide you with any goods or services and does not make any warranties or representations regarding the goods and services being provided.

To place an order via the Services, please follow the prompts. You can make changes to your order up until you click the 'Checkout' button on the 'Your Order' screen. You must provide to us all requisite information in order for the order to be fulfilled.

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

You cannot change or cancel an order you have placed.

Any order placed by you via the Service is an 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 Provider. Risk in the items ordered using the Service passes to you from the time that the order is accepted.

If you pay by credit card or debit card, your card will be debited with the relevant amount once you submit your order. The card you use to pay for an order must belong to the person who has registered the user account.

You may choose to pick the order up from the location of the Provider or have the delivery sent to your location (which will incur a delivery fee). Deliveries are executed by third party providers. Before you finalise your order, we will show you the delivery charge, which is the estimate generated by the third party provider.

We will inform you of any surcharges applicable from time to time before your order is finalised.

We reserve the right to place minimum and maximum limits on orders placed from time to time.

All catering orders to be made through Chargrill Charlie’s Catering Division (see catering.chargrillcharlies.com). The terms of catering orders are to be governed by the terms on that site (see https://catering.chargrillchar...).

Promotions

We may, in our sole discretion, create discounts and promotional codes or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (Promo Codes). Unless otherwise expressly stated on the applicable Promo Code, Promo Codes may only be used once per person. Only Promo Codes sent to you by us are valid. You agree that Promo Codes may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us. We may disable Promo Codes at any time for any reason without liability to us.

Special terms may apply to some promotions that may be offered on the Services. Such special terms (e.g. official contest rules) may be posted in connection with the applicable promotion. Any such special terms are in addition to these Terms and Conditions and, in the event of a conflict, any such terms shall prevail over these Terms and Conditions.

Charlie Coins

If you have an App user account, you can earn Charlie Coins when you use the App to order products. You will earn 1 Charlie Coin for every $10 you spend while using the Services. We may from time to time restrict the earning of Charlie Coins to certain types of orders. Additionally, we may from time to time grant additional Charlie Coins to users with specific status and where we decide to conduct a promotion.

Charlie Coins are valid for a period of 90 days from the date they are earned.

You may redeem valid Charlie Coins for store credit, food and drink products and other merchandise through the Services or at participating locations only (please enquire at the location before attempting to making an order using Charlie Coins or credit).

You will not earn and you will not be able to redeem Charlie Coins in conjunction with any promotion (including a Promo Code), other discount or special offer.

If you redeem Charlie Coins for credit, that credit will be valid for a period of 30 days after redemption.

Charlie Coins and any credit which has been granted to you by redemption of Charlie Coins may not be exchanged for cash or used to pay for any delivery fees.

External Links to other web sites and external services

We may provide links on the Services to the websites operated by third parties. You acknowledge and agree that we do not control nor monitor these third-party websites. We do not make any representations about and cannot accept any liability for these websites operated by third parties. A link to a third party website on the Services does not imply that we in any way endorse the content of that third party website. Your access to third party websites may be governed by their own Term and Conditions.

Various external services are made available to you through the Services under licence from external service providers (for example Uber Eats). By using these external services you also agree to be bound by the terms and conditions of the providers of those external services (the terms of which can be found on the websites of the providers).

Intellectual Property Rights

All material contained on the Services is our property and is protected by copyright. Except as permitted by relevant copyright legislation or with our prior written approval, the material may not be otherwise used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part.

The trade marks appearing on the Services are primarily our trade marks. Other trade marks displayed on the Services are trade marks of their respective owners. The trade marks must not be used or modified in any way without our express written permission or the permission of the relevant third party owner.

Your Content

If you post or upload any content (Your Content) on the Services, you:

grant to us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate and otherwise deal with Your Content;
warrant that you have the right to grant the abovementioned licences;
warrant that Your Content does not in any way breach these Terms and Conditions; and
unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of Your Content.

If we are of the opinion that any of Your Content is in breach of any of the Terms and Conditions, we reserve the right to modify or remove any part or all of Your Content.

User conduct

You are responsible for your activity in connection with accessing the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Services.

In accessing the Services, you must not:

disrupt or interfere with the Services, or any services, system resources, accounts, servers or networks connected to or accessible through this Services;
disrupt or interfere with any other user's enjoyment of the Services;
use any robot, spider, other automatic device or manual process to monitor, copy or extract any part of the Services, or any of the Content, without our prior written permission;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services;
reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Services;
use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
engage in any kind of illegal, criminal or tortious activity through the use of the Services, including infringement of any third party intellectual property rights;
post or transmit to or via the Services any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Services. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Services (including in respect of any information that you provide to us or post to the Services), your breach of these Term and Conditions or your breach of any rights of third parties.

This indemnity includes, without limitation, any liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and contraventions of the Competitions and Consumer Act 2010 Cth (CCA).

Warranties and disclaimers

You warrant in favour of us that you have full authority and all necessary consents to enter into and perform its obligations under these Term and Conditions and these Term and Conditions will constitute binding obligations of it in accordance with their respective terms.

The Content and the Services are provided "as is" and “as available”. Images and diagrams depicted on the Services are intended to be a visual aid only and do not necessarily accurately reflect the object described. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose and non-infringement. We do not warrant that the Services or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing the Services or that use of the Services will be compatible with the hardware and software you are using to access it. We do not warrant or make any representations regarding the use or the results of the use of the Content or the Services in terms of their correctness, accuracy, reliability, or otherwise.

Your use of the Services including all Content or data distributed by, downloaded or accessed from or through the Services is solely at your own risk. Before taking or refraining from any action in reliance on the Content or this Services, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in the Services.

We are not responsible for, and accept no liability with respect to, any content uploaded, posted, transmitted or otherwise made available on the Services by any person other than us. We will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Services simply by allowing others to post, transmit or other make such content available. We do not in any way endorse (expressly or implied) any opinion or statement made by any person other than us.

Limitation of liability

Subject to any responsibilities implied by law which cannot be excluded, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or the Services (or material accessed via the Services), or to access of the Services by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on us, or implied into these Term and Conditions, under any law are hereby excluded.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the CCA or any other legislation which may not be excluded, restricted or modified by agreement. To the extent that our liability for breach of any implied warranty or condition (including, under the CCA) cannot be excluded by law, our liability will be limited, at our option, to the re-supply of those services or the payment of the cost of having those services re-supplied.

Termination and Suspension

We reserve our right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through the Services as well as the Services itself at any time. All provisions of these Term and Conditions which by their nature should survive termination shall survive termination, including, without limitation, disclaimers, indemnities and limitations of liability.

Severability

If any parts of these Term and Conditions are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Term and Conditions and it will not effect the validity and enforceability of the remaining provisions.

Governing Law

The laws of the State of New South Wales and the Commonwealth of Australia govern the Services. The Services may be accessed throughout Australia and overseas. We make no representations or warranties that any content of the Services complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.