What do these terms and conditions regulate?
1.1 This site www.nakedjapan.com.au (“Website”) is made available by Naked Japan Café&Takeaway Moorabbin. Any reference to “Naked Japan”, “we”, “our” or “us” includes our employees, officers, directors, representatives, affiliates, subsidiaries, related entities, advisers, sub-contractors, service providers and suppliers.
1.2 These terms and conditions (“Terms”) apply to any person who uses, accesses, refers to, views and/or downloads the information made available by us on the Website for whatever purpose (“Content”) (hereinafter referred to as “users”, “you” or “your”). The display of Content and your ability to view, access, use, and/or download the Content on the Website shall be referred to as the “Services”
1.3 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment that may be required by you to use the Website and the Services. You must, at all times, provide your own hardware, software (including modem and internet connectivity) and telecommunications infrastructure.
Your agreement to these Terms
2.1 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.nakedjapan.com.au/privacy-policy (“Privacy Policy”).
2.2 These Terms, the Privacy Policy and any additional document we incorporate by reference in these Terms, including, where applicable, (i) the terms and conditions relating to any products ordered online, that are available on the Website and (ii) the terms and conditions relating to our loyalty programme that are also available on the Website, constitute the complete and exclusive understanding and agreement between you and us.
2.3 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 thereto or to the Website or our Privacy Policy, you must discontinue your use of the Website and our Services.
2.4 These Terms may be updated or amended by us at any time at 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 in case of any such updates or amendments. If you do not agree with our updates or amendments, you must discontinue your use of the Website and our Services.
2.5 You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy, please send an email to admin@nakedjapan.com.au.
Accessing and using the Services
3.1 The Website, and the Services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms (“Third Party Websites”). If you link to Third Party Websites, you will be subject to those Third Party Websites’ terms and conditions and their policies.
3.2 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if we are of the view that such Content infringes on another’s intellectual property rights or our own.
Ordering Online
ORDERING ONLINE
4.1 What we provide
We provide a website https://order.nakedjapan.com.au (“Website”), for you to place online orders with us to purchase our products for collection by you from a participating Naked Japan restaurant (together the “Online Ordering Platforms”).
4.2 Access to our Online Ordering Platforms
4.2.1 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 the terms and conditions on our Website.
4.2.2 The terms and conditions published on our Website at any given time are those in full force and effect at the time that you place an order for products through an Online Ordering Platform, which are binding on you when you place an order.
4.2.3 We make every 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.
4.2.4 Access may be suspended to the Online Ordering Platforms temporarily at any time without prior notice to you.
4.3 Use of our Online Ordering Platforms
4.3.1 You are permitted to use our Online Ordering Platforms for your own personal and non-commercial use only.
4.3.2 You assume full responsibility for any associated costs or charges that you incur by using our Online Ordering Platforms.
4.4 Your information
4.4.1 When you place an online order on our Online Ordering Platforms you will be required to provide us with information personal to you, including your full name, email address, mobile phone number and payment information.
4.4.2 Please refer to our Privacy Policy, available on our Website, for more details about how we deal with your personal information.
4.5 Placing your online order
4.5.1 You must be at least 18 years old to access, use and place an order through our Online Ordering Platforms.
4.5.2 Orders placed by you through our Online Ordering Platforms will be collected by you directly at our restaurant and we do not provide delivery service to you.
4.5.3 We reserve the right to refuse, without refund, orders made by third party delivery services placed via our Online Ordering Platforms.
4.5.4 To place an order via our Online Ordering Platforms, you must:
(a) select the products you wish to order (“order”);
(b) insert your estimated collection time for the order;
(c) provide your payment information;
(d) accept the opportunity to submit your order; and
(e) check all information that you have entered, and correct any errors before submitting your order, as we are unable to correct any errors once we have commenced processing the order.
4.5.5 We accepts no liability or responsibility for incorrectly placed orders.
4.6 Prices and payment
4.6.1 You will be charged the prices listed on the applicable Online Ordering Platform, which are inclusive of GST.
4.6.2 We reserve the right to refuse an order or alter the agreed price if an incorrect price was given due to software malfunction or interference with the Online Ordering Platform.
4.6.3 If your payment is not authorised we will notify you of this. In this instance your order will not be fulfilled and it will not be sent through to our restaurant.
4.6.4 You must pay for your order through the applicable Online Ordering Platform using an accepted credit, debit card, or paypal which will be debited from your account in the timescales set by your card or account provider, or.
4.6.5 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.
4.7 Collecting your order
4.7.1 Where you have chosen to collect your order placed through the Online Ordering Platform, you must:
(a) collect your order at our restaurant at the time you have selected to collect your order;
(b) make yourself known to one of the restaurant team members on arrival; and
(c) show some form of proof of identity upon request.
4.7.2 We will endeavour to have your order ready for you at the time selected by you.
4.8 Customer service
4.11.1 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 our restaurant directly before you place your order.
4.9 Termination of use
4.9.1 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 the terms of our Online Ordering Platforms.
4.9.2 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 for the purposes of private consumption.
4.9.3 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
5.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the Website, the Content is intended and produced for general information purposes only, and to the extent permitted by law, should not be relied upon by you as specific advice of any kind.
5.2 You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the 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 our Website.
5.3 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
6.1 You may not use the Website to obtain or distribute:
6.1.1 copyrighted material or material protected by law without our prior written consent; or
6.1.2 material containing viruses or any other destructive materials or 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.
6.2 You must not do anything that may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services or any part thereof.
6.3 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 the aforementioned acts.
6.4 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.
6.5 Subject to the further provisions of these Terms, 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.
6.6 Subject to the further provisions of these Terms, you are not permitted to: (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) 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 and absolute discretion, to constitute fair use.
6.7 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
6.8 In addition, you shall not and shall not allow a third party to:
6.8.1 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;
6.8.2 remove any product identification, copyright or other notices, from the Software or documentation; or
6.8.3 disseminate performance information or analysis of the Software from any source relating to the Software.
Intellectual Property Rights
7.1 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.
7.2 You agree not to use, copy, or distribute any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
7.3 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 therein. All moral rights of us and our employees/agents are reserved.
7.4 Any reproduction, modification, 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 thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
7.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any aspect of the Services.
Collection of Personal Information
8.1 We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy.
8.2 By disclosing or submitting your personal information to us, you consent to us collecting, processing, storing and using your personal information for the purposes described in our Privacy Policy.
Indemnity
9.1 As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees 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:
9.1.1 your use of and access to the Website and/or the Services;
9.1.2 your violation of any of these Terms;
9.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
9.1.4 any claim that our Content caused damage to you or a third party.
9.2 The defence and indemnification obligations referred to in clause 12.1 above will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
Electronic Communications
10.1 By using the Website and/or the Services, you agree that all agreements, notices, disclosures and other communications sent by you or we satisfy any legal requirements, including but not limited to 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.
10.2 You agree specifically that:
10.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services;
10.2.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;
10.2.3 your use, and continued use where appropriate, of the Website and/or the Services is sufficient evidence of your agreement to these Terms;
10.2.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within Australia;
10.2.5 subject to the further provisions of these Terms, 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; and
10.2.6 subject to the further provision of these Terms, 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.
10.2.7 subject to our Privacy Policy, all users of the Online Ordering Platforms may receive communication from us. There will be an option in any email communication to opt out of receiving communication from Naked Japan.
Interpretation and Miscellaneous Provisions
11.1 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. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, we and you nevertheless agree that the court should endeavour to give effect to our respective intentions as reflected in the provision.
11.2 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 law to protect your information, we cannot guarantee the security of your data transmitted to the Website.
How to contact us
13.1 If you have questions about these Terms, our Privacy Policy, the Services or any documents incorporated by reference in these Terms, please contact us at https://www.nakedjapan.com.au/contact-us.