Terms & Conditions

Sushi Sushi Website Terms and Conditions 

 

These terms & conditions (“Terms”) set out the basis on which you can visit and use our website at www.sushisushi.com.au and its subdomains (“Website”). Please read these Terms carefully as they contain important information. You acknowledge and agree that by using this Website, you have read, understood, and agree to be bound by these Terms.  Your use of this Website constitutes your acceptance of these Terms.

 

This site is owned and operated by Sushi Sushi Franchising Pty Ltd or their related entities (“Sushi Sushi”).

If you want to ask us anything about these Terms or have any comments or complaints on or about this Website, please email us at feedback@sushisushi.com.au

 

Conditions of use / Ownership of Rights

All rights, including copyright, in this Website are owned by or licensed to Sushi Sushi. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Sushi Sushi. You must not modify, distribute or re-post anything on this Website for any purpose.

 

The trade marks, service marks and logos (“Trade Marks”) used in this Website are our or our licensor’s registered and unregistered Trade Marks.  Our Website address is our uniform resource locator (“URL”).  You must not make any use of this URL on another website or digital platform without our prior written consent.  This Website, its design and layout, may not be copied, reproduced, adapted or transmitted in any form without our prior written consent. You acknowledge and agree that, except as expressly set out in these Terms, you obtain no patents, trademarks, design rights, copyrights, trade names, confidential information or other similar rights of obligations (“Intellectual Property”) in any part of the Website.

 

As between you and use, all Intellectual Property in this Website vest in us.  You also must not use any robot, spider, scraper, data mining process or other automated means to access this Website without the written approval of Sushi Sushi.  If you become aware of any infringements or suspected infringement by any third party of any Intellectual Property in this Website, please immediately notify us.

 

Accuracy of Content

We have taken every care in the preparation of the content of this Website, in particular to ensure that all products have been fairly described. We have made every effort to display as accurately as possible the colours of our products that appear on this Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Sushi Sushi disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. Sushi Sushi is not liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

 

Damage to your Computer

Sushi Sushi makes every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website, or any other websites accessible through it, won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use this Website and to screen out anything that may damage it. Sushi Sushi is not liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.

 

Links to Other Websites

We may place links on this Website to other websites we think you may want to visit. We do not vet those other websites and do not have any control over their content. Sushi Sushi does not accept liability in respect of the use of those other websites.

Disclaimer of Liability

Subject to the following paragraph, neither Sushi Sushi nor any of its agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives is liable for any damage, loss or liability of whatsoever nature arising from your use of or inability to use this Website. Sushi Sushi makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website is free from errors or omissions or that this Website will be uninterrupted and error free.

 

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

{C}a)       {C}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;

{C}b)       {C}applies to any damages arising from death or personal injury caused by the gross negligence of Sushi Sushi or any of its employees or agents or fraud; or

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

 

To the fullest extent permitted by law;

{C}a)       {C}our liability in relation to any product or service purchased as a consequence of your use of this Website is limited to the lesser of:

{C}i)         the replacement of any product purchased; and

{C}ii)       {C}the purchase price paid by you to Sushi Sushi for the product or service;

{C}b)       {C}our liability in relation to the Website is limited to resupplying the Website to you; and

{C}c)        we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms, for failure to observe or perform any of our obligations under these Terms for any reason or cause except if caused by our gross negligence. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.

 

By accessing the Website, the user assumes all risks associated with its use, including the risk that the user’s computer, software or data may be damaged or lost by data transmission errors or virus.  If you choose to send any confidential information to us electronically, you do so at your own risk. 

 

Severance

If any provisions of these terms are unlawful, void or for any reason unenforceable then those provisions are deemed to be severed and this does not affect the validity and enforceability of the remaining provisions.

 

Other Legal Notices

There may be legal notices, or other content, on other areas of this Website which relate to your use of this Website, all of which will, together with these Terms, govern your use of this Website.

 

Changes to Legal Notices

We reserve the right to change these Terms from time to time and we will take steps to bring such changes to your attention (such as placing notice of the changes on the Website).  It is your responsibility to check these Terms from time to time to ensure that you agree with them, and your continued use of the Website after any change to these Terms will be deemed to be your acceptance of the change.  If you do not wish to be bound by any of the Terms, then do not use this Website.

 

Global Use of this Website

Information which we publish on this Website may contain references to products and services that are only available in Australia.

 

Privacy

If Sushi Sushi collects any Personal Information (as defined in the Privacy Act 1988 (Cth) (“Privacy Act”), we will comply with the Privacy Act and the Australian Privacy Principles in relation to such information. Our Privacy Policy, available at http://www.sushisushi.com.au/shipping-delivery-policy, applies to you, your use of this Website and our use of your Personal Information. By using this Website in accordance with these Terms, You consent to the collection, use, disclosure and storage of your Personal Information in accordance with the Privacy Policy.

 

Law and Jurisdiction

This Website, any content contained on this Website and any contract brought into being as a result of usage of this Website are governed by and construed in accordance with the laws of Victoria, Australia. The parties to any such contract agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

 

On Line Ordering/Collection

You may place an order for our products on-line which provides advance notice of the products you wish to order. This is not a delivery service. You must nominate the Sushi Sushi store from which you wish to collect your order within the time frame nominated by you when you place your order. At the time of collection, you must provide the credit card with which you paid for the order and proof of identity.

 

By allowing you to order on-line, Sushi Sushi:

{C}a)       {C}may act as agent for a franchised store from which you collect your order;

{C}b)       {C}in its capacity as agent, collects and processes any online payments and remits this amount to the nominated store;

{C}c)        does not (except where you order from a store owned by Sushi Sushi) provide you with any products;

{C}d)       {C}makes no warranties or representations regarding the products to be provided (including availability and delivery); and

{C}e)       {C}reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

 

By ordering on-line, you acknowledge that:

{C}a)       {C}all orders are treated as an express intention to purchase the products for the agreed online prices; and

{C}b)       {C}you contract with the nominated store from which you order and not Sushi Sushi (except where you order from a store owned by Sushi Sushi) and therefore you have no claim, recourse or action against Sushi Sushi whatsoever (except where you order from a store owned by Sushi Sushi).

 

Refund Policy

Your order will only be prepared when your on line payment method has transacted successfully. Once an order has been placed, and your order has been prepared, we cannot offer a refund.

 

Use of Cookies

A “cookie" is a small text file about an Internet session that may be created when a visitor accesses a website. The information stored within a cookie can identify the computer, any pages that are visited and the duration of a visit. Presently, our Website uses cookies to facilitate personalisation within the site, and to gather general user behaviour. Each user is anonymous and the data gathered is analysed at least once monthly as a whole. Individual user behaviour analysis doesn't dictate where improvements to this Website can be made. General user data can reveal visitor trends as a whole and allow us to consider viable improvements.

 

Your internet browser is likely to accept cookies by default.  However, you can set your browser to reject cookies and delete them from your system at any time. The cookies used by Sushi Sushi do not retrieve any personal information from the visitor's personal computer or any other information about you.

 

Assignment

You must not assign any part of these Terms without our written consent.

 

Contact Details

You can get in touch with us, by using any of the following methods:

Email info@sushisushi.com.au

Mail Registered Office: Sushi Sushi, 8 Ricketts Road, Mount Waverley, Victoria 3149

Telephone: 03 8575 3888

Fax: 03 9544 0089