Golden Phoenix Chinese Restaurant Terms and Conditions
IMPORTANT LEGAL NOTICE
This website is owned and operated by Wok Warrior Pty Ltd trading as Golden Phoenix Chinese Restaurant These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
WEBSITE ACCESS AND TERMS
In order to use our website and/or receive our services, you must be at least 18 years of age, and you are legally capable of entering into binding contracts. You are not allowed to use this website and/or receive services if doing so is prohibited in Australia or under any law or regulation applicable to you.
HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
Compiling your Order: Once you select the Products you wish to order from the menu and provide other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.
Minimum Order Amount: If a Restaurant has a minimum order amount in place, you may not place an order with that Restaurant until the value of your Order equals or exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.
Amending or cancelling your Order: Once you submit your Order and your payment has been authorised, you will not be entitled to change or cancel your Order online. If you wish to change or cancel your Order, you may contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to agree to your requests as we may have already started to process your Order.
Payment authorisation: Where any payment you make is not authorised, your Order will not be processed.
Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. Restaurants have the discretion to reject Orders at any time because We are too busy, due to weather conditions or for any other reason. We will notify you ( by email or SMS) as soon as reasonably practicable if we rejects your Order. When a Restaurant confirms receipt of the order and expected collection or delivery time, we will send you an Email confirmation (provided that you have given us your mobile telephone number).
Delivery of your Order: Delivery will be provided by the Restaurant. Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. While we’ll try our best to meet these estimates, neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times. All food preparation is the sole responsibility of the Restaurant accepting the Order. To the extent permitted by law, including the Australian Consumer Law. Where we provide Delivery Services for your Order, we shall be responsible for getting your food from the Restaurant to your home.
PRICE AND PAYMENT
Prices and delivery costs: Prices for individual menu items will be as quoted on the Website in Australian dollars. These prices include any applicable taxes but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Restaurant (if you pay for your Order online). These will be added to the total amount due where applicable. Prices may subject to change without prior notice.
Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. The order may be rejected for the incorrect displayed price even.
Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Restaurant at the point of collection or delivery to you. Where we are providing Delivery Services, we can only accept payment by credit or debit card for these Orders.
Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website. A discount may also apply if you have an existing account credit and transact via this same process.
Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Restaurant or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
CUSTOMER CARE
Customer care is extremely important to us. We will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care Service by calling the telephone number shown in the homepage.
Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you should contact the Restaurant directly.
Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to agree to your requests as we may have already started to process your Order.
Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products, the service provided by the Restaurant or the Delivery Service, please contact our Customer Care Service by calling the telephone number shown in the homepage.
Compensation: If you are dissatisfied with the quality of any Products, the service provided by the Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant's own complaint procedures.
LIMITATION OF LIABILITY
General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Website Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Term.
Exclusion of liability: your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
PRIVACY POLICY
We are committed to protecting the privacy of all visitors to the Website, including all visitors who access the Website or Service through any mobile application or other platform or device. Please read the following Privacy Policy which explains how we use and protect your information.
By visiting and/or using the Service on the Website, you agree and, where required, you consent to the collection, use, storage, disclosure and transfer of your information as set out in this policy.
1. INFORMATION THAT WE COLLECT FROM YOU
1.1. When you visit the Website or use the Service to make an Order from a Restaurant through the Website (whether or not we are providing Delivery Services), you may be asked to provide information about yourself including your name, address, contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Website and Service and information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us. Your telephone calls to us may also be recorded for training and quality purposes.
1.2. By accessing Golden Phoenix Chinese Restaurant information and/or the Website or Service using mobile digital routes such as (but not limited to) mobile, tablet or other devices/technology including mobile applications, then you should expect that our data collection and usage as set out in this Privacy Policy will apply in that context too. We may collect technical information from your mobile device or your use of the Website or the Service through a mobile device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Website or Service through your mobile device(s) via any Golden Phoenix Chinese Restaurant mobile site, through your mobile's browser or otherwise.
2. USE OF YOUR INFORMATION
2.1. Your information will enable us to provide you with access to the relevant parts of the Website and to supply the Service. It will also enable us to bill you and enable us and/or a Restaurant with whom you have placed an Order to contact you where necessary concerning the Service and/or providing Delivery Services. For example, we and/or the Restaurant may use your information to provide you with status updates or other information regarding your Order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.). We will also use and analyse the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud. Where appropriate, now and in the future you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy and this may be exercised though your chosen method of using the Service, for example mobile, mobile applications or any representation of the Website.
2.2. We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service.
You may choose to stop receiving direct marketing communications from a channel at any time by using the unsubscribe mechanism in the marketing communication itself. To opt-out of communications via email click the "unsubscribe" link at the bottom of the email and to opt-out of communications by SMS reply with "STOP". You may also decline marketing messaging sent by push notifications by refusing the relevant permission to our app in your phone or tablet settings, however this will also prevent you from receiving order updates via push.
2.4. You agree that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) in accordance with the Spam Act and the Privacy Act.
We may also disclose your information to help us analyse the information which we collect so that we can administer, support, improve and develop our business and services to you.
2.5. You agree that we may disclose personal information which we collect from you to other companies that also hold information about you. We may also collect personal information from those other companies. We and/or those companies may combine the information in order to better understand your preferences and interests, thereby enabling them and us to serve you better.
2.6 If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in paragraph 8 below, by amending your profile accordingly or by using the opt-out facilities provided (eg an unsubscribe link).
2.7. Please note that by submitting Reviews regarding the Website, Service and/or Restaurants, you consent to us to use such Reviews on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside (and any other information that you may from time to time consent to us disclosing).
3. DISCLOSURE OF YOUR INFORMATION
3.1. The information you provide to us will be transferred to and stored on our servers which may be in or outside Australia, it may be processed and used by or given to our staff working outside Australia and third parties including companies within the WIX group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy. We may disclose your information to overseas recipients, including, without limitation, recipients located in Canada, New Zealand, the United Kingdom, Bangladesh, Singapore, India, China, the Philippines and the United States of America. Where we disclose your personal information to overseas recipients, we will always take reasonable steps to ensure that your information is treated in accordance with this policy and the Australian Privacy Principles.
3.2. The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing support services for us. In addition, we may need to provide your information to i) any Restaurants that you have placed an Order with so as to allow the Restaurant to process and deliver your Order and ii) any independent courier engaged by us to provide Delivery Services to deliver your Order. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
3.3. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.4. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Website Terms and any other agreement; or to protect our rights or the rights of Restaurants or other third parties. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
4. SECURITY AND DATA RETENTION
4.1. We take steps to protect your information from unauthorised access, modification or disclosure and against misuse, interference, loss, destruction and damage. Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain the information, we will destroy the information or ensure that it is de-identified.
4.2. Where you have registered an account with WIX and chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.
4.3. All user details captured by WIX are stored securely at all times and will never be provided to any unauthorised third parties. All credit card details are protected using SSL (Secure Socket Layer) encryption. WIX has been verified for security and compliance to PCI standards by eWay.com.au, an independent third party. Credit card details are handled by leading PCI compliant providers of secure credit card processing solutions. WIX will never save your actual credit card details. We will simply save a reference to your card, which is called a token. This token is provided to us by the payment provider. Saving the token means that for future credit card transactions we can give you the option to charge the same card you used previously without having to re-enter the card details. If, at any time, you wish the token to be removed please email us at enquiries@wix.com and we will have these removed. In that case you would need to re-enter your card details on the next order.
4.4. The transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your information and make sure it is safe and secure and we use a number of physical, administrative, personnel and technical measures to protect your personal information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. For the avoidance of doubt, WIX will not in any circumstances be liable to you, or third parties, for loss or damage arising from credit card fraud or identity theft.
5. ACCESSING AND UPDATING
You have the right to see the information we hold about you and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in paragraph 8 below.
6. CHANGES TO OUR PRIVACY POLICY
Any changes to our Privacy Policy will be posted to the Website and, where appropriate, through e-mail notification. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.
7. CONTACT
All comments, queries and requests relating to our use of your information are welcomed. You can also lodge a complaint if you think we have breached the Privacy Act (Cth) 1988 in relation to your personal information. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.