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.
As between you and us, 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, you agree to immediately notify us.
The transmission of information over the Internet (including to or from this Website) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.
Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. However, we do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
You acknowledge that you use the Website (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that we do not make any representations or warranties as to the security, availability of our Website or that your access or use will be uninterrupted, timely or secure.
We have taken every care in the preparation of the content of this Website, in particular to ensure that all products and processes have been fairly described. 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.
We are not responsible or liable for the any information contained on third party websites, any third party content shown on, or linked to, our Website, nor for any infringement of third party intellectual property rights as a result of hosting links to third party websites.
We are not responsible or liable for the handling, use or disclosure of any personal information collected by a third party (including information collected through a third party website) and we are released from any liability resulting from the third party’s failure to handle, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act).
We do not warrant the accuracy, currency or suitability for any purpose of the third party websites or third party content nor do we endorse the offers, products or services which they promote.
All statements, representations, offers, products or services provided through third party websites and third party content are the sole responsibility of the operator of the third party website or the author of the third party content and in so far as such links to third party websites or third party content are hosted on the Website they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author.
Damage to your Computer
Sushi Sushi 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.
You agree not to:
not to reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Website’s source code, formulas or processes, interfere with the security of the Website or the safe use of the Website by others (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users); use this Website for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us); knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on our Website; use the Website or the information contained in it for commercial purposes which are competitive to the Website or our business or which would otherwise be detrimental or prejudicial to our interests in any way; use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Website or which may otherwise place an unreasonable load on the infrastructure of the Website; publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive); collect or store personal data about other users of the Website; or do anything else which may interfere with or negatively affect the operation of our Website or others users. In using the Website and completing any forms, you warrant to Sushi Sushi that you are a bona fide user and are not engage in any restricted or criminal activities, including but not limited to:
terrorist financing; money laundering; illegal gambling; distributing or funding drugs and drug paraphernalia; malicious hacking; and knowingly or recklessly provide us with inaccurate or incomplete information through the Website. 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.
a) 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;
b) 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) requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
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.
Information which we publish on this Website may contain references to products and services that are only available in Australia. Privacy
Your internet browser is likely to accept cookies by default. However, you should be able to set your browser to reject cookies and delete them from your system at any time.
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.
Mail Registered Office: Sushi Sushi, Level 2, 545 Blackburn Road, Mount Waverley, Victoria 3149
Telephone: 03 8575 3888
We understand and appreciate that you are concerned about privacy, particularly in relation to the use and disclosure of Personal Information. We are committed to respecting the privacy of your Personal Information.
by providing us with your Personal Information in relation to entering a competition, participating in a promotional campaign, making a complaint or for any other reason; by making enquiries about or submitting an application to become a franchisee, an employee, an independent contractor or a supplier of us or any of our franchisees; by visiting our Website or participating in an online enquiry or subscribing to our electronic mailing list; by visiting any Website or social media site established by us, including but not limited to Facebook, Twitter, Instagram (Social Media Sites) or downloading and/or using any online application related to Sushi Sushi; and by participating in any activity on a Social Media Site including but not limited to entering competitions, subscribing to our blog, sharing any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site (Social Media Activity). What Is Personal Information?
Generally, the type of Personal Information initially collected by us includes your name, address, telephone number, email address, whether or not you are 18 and an Australian citizen.
From our franchisees, we also require company details including ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, weekly takings information, sales data and other business related information which may contain Personal Information.
From time to time, photos may be taken and used for marketing and promotional purposes which may include images of franchised businesses, franchisees, employees or employees of franchisees and/or customers, from which individuals may be able to be identified. As a franchisee, your photo may be used within Sushi Sushi to identify you.
Closed circuit television (CCTV) may be installed in any of our premises. Images and video from CCTV may be used by us for security purposes and to identify and deal with non- compliance by any individuals or franchisees with law and/or their agreements with us. Where relevant, CCTV may be made available to relevant authorities including police.
Via Social Media Sites, we may be able to obtain other information about you which may itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites or sites linked to our Social Media Sites (Other Sites). The level of information to which we have access may depend on your privacy settings on such Other Sites
In some circumstances, you may deal with us anonymously or using a pseudonym. However, in most circumstances it is impracticable to do so because if you do not provide us with the Personal Information that we require or if you provide it in a way that does not identify you, we are likely to be unable to provide the goods or carry out the services requested by you.
We collect Personal Information in a number of ways, including
from you when you make a general or specific telephone or online enquiry, enter a competition, participate in a promotional campaign, activate your membership, lodge a complaint or participate in Social Media Activity; from you when you provide us with such information to us via application forms, customer feedback forms, business cards, contracts or any other document provided by you to us; through analysis of the Social Media Sites conducted by us or by third parties on our behalf; from third parties such as credit reporting agencies, recruitment agencies, insurers and insurance brokers, health professionals, referees nominated by you, or your representatives; from publicly available sources of information; and from our own records. Through our Website we can obtain Personal Information if you send such information in an email or when you complete an online enquiry or an order for our products.
When you look at our Website, we may make a record of your visit. The following information may be logged for statistical purposes and for the purposes of marketing and advertising to you:
your internet protocol address; the date and time of your visit to our site; the pages that you have accessed and the documents downloaded; and the type of browser you were using. This type of statistical information does not identify you.
Tracking technologies such as cookies may be used on our Website to recognise a user’s browser each time that user visits our site and to track which pages the user visits whilst on our site. Cookies are pieces of information that a Website transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not personally identify the user. If you do not wish to receive any cookies you may set your browser to refuse them. However, your use of our Website may be affected.
We store your Personal Information in a number of ways, which includes without limitation:
in electronic systems and devices; in telephone recordings; in paper files; and document retention services off-site. This may include storage on our behalf by third party service providers.
We will use your Personal Information for purposes that relate to the operation of our business and the provision of our services to you. These purposes generally include:
supplying our products and services to you; providing quality assurance for our products and services; seeking or responding to your enquiries and feedback regarding our business, our products and services; monitoring the performance of our Websites, our business and our franchisees; marketing including email marketing, promotional and educative activities including keeping you up-to-date with products, services, events and promotions we think would be of particular interest to you; planning, product development or research purposes; enforcing the terms and conditions of our engagement with you; for the management of our database; and ensuring compliance with statutory obligations. In relation to the Personal Information of franchisees, the purposes include those mentioned above and the following:
conducting appropriate credit checks; verifying information required under the franchise agreement, including by accessing and assessing information received from suppliers, trade referees, insurers, banks, local municipal council or any other entity; to confirm and enforce compliance with the franchise agreement; providing franchisee support; to comply with disclosure requirements under the Franchising Code of Conduct; and all things of or incidental to carrying out our role as a franchisor. In relation to the Personal Information of customers, the purposes include the general purposes mentioned above and also include verifying, notifying and/or responding to you in relation to any enquiries, complaints, or if you win a competition.
Your Personal Information will be disclosed to us as franchisor and to third parties as necessary to facilitate any of the above-mentioned purposes and this includes information on franchisees’ employees where required to facilitate such purpose.
We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organisation, without your prior consent, where that consent is required by law.
You do, however, consent to our use and disclosure of your Personal Information in the following ways:
franchisees’ details will to be provided to landlords and some suppliers, to enable them to contact franchisees for purposes related to their function as landlord or supplier; franchisees’ details will be provided to our lawyers, for the production of legal franchising documentation and in relation to any matter requiring us to seek legal advice or assistance; to third party consultants who may from time to time manage all or part of our database or computer systems or internet sites; to a third party where we outsource any of our functions, including but not limited to processing online payments, information technology and cloud storage service providers and processors, SMS and email marketing services providers, for the development, production and/or printing of advertising and marketing material and campaigns, including where such material contains photos or video of individuals; mystery shopping and customer satisfaction surveys; of or incidental to a sale of all or part of our business, to prospective purchasers and their legal and accounting representatives; to promote the purchase of a franchisee store to the general public (limited to name/Pseudonym); to the general public, for example, via internet when notifying of competition results or via media when photographs or video are used in advertising material or campaigns; and as required by law. Disclosure Of Your Personal Information Via Social Media Sites
By engaging in any Social Media Activity on our Social Media Sites, you agree to and are subject to the terms and conditions of such Social Media Sites. Any Personal Information shared by you on Social Media Sites can be disclosed in accordance with the terms and conditions and privacy policies of such Social Media Sites.
Generally, photos and other material shared to Social Media Sites will be able to be viewed by the general public. Such photos and other material may be further shared by others indefinitely and will be visible by anyone visiting the locations to which the photos or other material have been shared. You may be able to remove the photos or other material that you have shared from the location at which you shared it. However, any material that has been further shared will be out of our control and neither you nor we will be able to remove it from any such location. We are not responsible for any material that has been shared.
We reserve the right to remove any photos, comments or other material that is in any way inappropriate or offensive (in our opinion) from our Social Media Sites.
Some programs, software, online tools or Social Media Sites used by us, are based in and/or housed overseas. For example, Facebook, LinkedIn, Instagram and MailChimp are based in the United States of America. Whilst we do not actively disclose your Personal Information to such organisations, the use of such programs by us may involve disclosure of your Personal Information to such organisations overseas. Use and disclosure of your Personal Information by such organisations is in accordance with the terms and conditions and privacy policies of such organisations.
If you consent to disclosure of some of your Personal Information to the United States of America as mentioned above, we are not required to take steps, as are reasonable in the circumstances, to ensure that such organisations do not breach the APPs in relation to the disclosed information. Having been informed of the possibility that such disclosure may occur, you consent to that disclosure by undertaking or continuing to undertake the type of activities indicating your consent, as specified above.
We are committed to ensuring the security of your Personal Information and we will take all reasonable steps to protect your Personal Information from misuse, interference, loss, unauthorised access, modification or disclosure, including:
ensuring the physical security of our premises and databases/records; taking measures to restrict access to personnel who need that information in order for us to be able to provide our products and services; securely destroying or “de-identifying” Personal Information if we no longer require it subject to our legal obligations to keep some information for certain prescribed periods; and technological measures, such as computer passwords, data back-up, anti-virus software and firewalls. Please note that our Website does not provide systems for secure transmission of Personal Information across the internet, except where otherwise indicated. When emailing or providing Personal Information to us via our Website, please be aware that there are risks involved in transmitting Personal Information via the internet. Our Website may contain links to other websites. We have no control over the privacy practices employed at other websites and we accept no responsibility for Personal Information provided via unsecured websites.
We utilise the assistance of a third party provider to operate and host the Website and accordingly, this third party may have direct access to any Personal Information input into or through this Website. We have taken steps to ensure that any Personal Information has minimal access within the third party host organisation, however no guarantee can be provided in respect of their use of this Personal Information.
We cannot provide a guarantee with respect to the security of your Personal Information and we will not be liable for any breach of security or unintended loss or disclosure of information due to the Website being linked to the internet. You submit information over the internet at your own risk.
In each email or piece of marketing material that you receive from us, we will endeavour to attach simple instructions on how you can immediately unsubscribe from our mailing list. In any event, you can opt out from receiving promotional material by emailing our Privacy Officer and asking to be removed from the mailing list.
Accessing And Correcting Personal Information
We will take reasonable steps to ensure your Personal Information is accurate, complete and up to date.
In certain circumstances, we may be unable to give you access to all of your Personal Information in our possession. Some of these circumstances include:
where giving you access would compromise some other person’s privacy; where giving you access would disclose commercially-sensitive information of ours or any of our agents of contractors; where we are prevented by law from giving you access; or where the Personal Information you request relates to existing or anticipated legal proceedings. If you are unable to give you access, we will consider whether the use of an intermediary is appropriate and would allow sufficient access to meet the needs of both parties. Where We Do Grant Access To Your Personal Information, We May Charge You A Fee For Accessing Your Personal Information.
If We Don’t Correct The Personal Information, You Can Also Ask Us To Include With The Information Held, A Statement From You Claiming The Information Is Not Correct.
If there is a denial of access to your Personal Information or a dispute as to the correctness of any Personal Information held, we will provide you with reasons for the denial or our refusal to correct the Personal Information. If you disagree with our decision for the denial or refusal to correct the Personal Information, you may request that we review the decision via our complaints handling procedures which are outlined below.
Dealing With Us Anonymously Or Using An Alias
We will generally need to know who you are in order to provide you with our products and services. Despite this, in some circumstances you are entitled to deal with us anonymously, or by using a pseudonym (alias), for example when making general enquiries about the products and services we offer. In some circumstances, you may receive a better service or response if we know who you are. For example, we can keep you to-to-date and better understand a complaint you might have if we know who you are and the circumstances of your complaint.
You must tell us when you are using a pseudonym when applying for our products or services. If we need to identify you, we will tell you whether or not your real name is required to access those products or services.
If you believe that we have not complied with our obligations pursuant to the Act, or have a complaint about the use or disclosure of your Personal Information by us or any of our franchisees, please contact our Privacy Officer. We will discuss your concerns with you and take action as necessary to address such concerns which may include contacting you to take the matter further.
We will endeavour to resolve your complaint as soon as possible. However, the length of time will depend on the nature and complexity of the issues you have raised. Complaints can be received in several different ways:
in person; by phone; in writing; via email; and via our website. You will receive an acknowledgement of receipt of the complaint from us within five business days. We will give you an estimate of how long it may take us to deal with the matter but we will endeavour to finalise the matter within 30 days.
If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.
Some of the things that we may decide to do include:
take steps to rectify the problem or issue you have raised; provide you with additional information or advice so that you can understand what happened and how we have dealt with it; and/or take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things. If you are not satisfied that the matter has been resolved, we can forward the complaint to our internal legal team. The internal legal team will review the complaint and take further actions in an attempt to resolve it.
It will not always be possible to resolve a complaint to everyone’s satisfaction. In that case, you might want to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at: http://www.oaic.gov.au/privacy/making-a-privacy- complaint.
If you have any further questions or concerns about the way we manage your Personal Information, including if you think we have breached the Australian Privacy Principles, please contact:
Privacy Officer Sushi Sushi Level 2, 545 Blackburn Road, Mount Waverley, Victoria, 3149 Phone: (03) 8575 3888 Email: email@example.com
You may place an order for our products online 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 online, Sushi Sushi:
a) may act as agent for a franchised store from which you collect your order;
b) in its capacity as agent, collects and processes any online payments and remits this amount to the nominated store;
c) does not (except where you order from a store owned by Sushi Sushi) provide you with any products;
d) makes no warranties or representations regarding the products to be provided (including availability and delivery); and
e) reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
By ordering online, you acknowledge that:
a) all orders are treated as an express intention to purchase the products for the agreed online prices; and
b) 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).
Your order will only be prepared when your online payment method has transacted successfully. Once an order has been placed, and your order has been prepared, no refund will be given.
The Family & Friends Discount is provided by Sushi Sushi Australia Pty Ltd (Sushi Sushi) in its absolute discretion, Sushi Sushi reserves the right to amend these terms or withdraw the Family & Friends Discount at any time without notice. By redeeming the Family & Friends Discount you agree to be bound by these Terms & Conditions.
The Family & Friends Discount is valid from 16 September 2022 until 30 April 2023 (Promotional Period).
The Family & Friends Discount entitles the holder of a Family & Friends Discount card (Cardholder) to receive 25% off their order at the above listed retail locations only (Family & Friends Discount). The Family & Friends Discount cannot be redeemed online, through third party delivery / pickup services or at any location not listed above.
There is no minimum order value required to receive the Family & Friends Discount. There is no maximum discount that can be applied to an order. Discount is not applicable to any fees or surcharges applied to a particular payment method. Unless stated otherwise the Family & Friends Discount cannot be used in conjunction with any other offer. Cardholders may redeem the Family & Friends Discount multiple times before conclusion of the Promotional Period, but only once per transaction. The physical Family & Friends Discount card should be retained by the user after each use.
To redeem the Family & Friends Discount a Cardholder must present the physical Family & Friends Discount card at the point-of-sale before payment is taken. The Family & Friends Discount is applicable to all menu items except drink items, merchandise, sushi platters and gift cards.
The Family & Friends Discount card cannot be exchanged (wholly or partly) for cash. Lost, stolen Family & Friends Discount cards will not be replaced.
To the extent permitted by law, the Family & Friends Discount is provided on an “as is” basis, without any warranties, express or implied. Neither Sushi Sushi nor it’s affiliates make any representation about the completeness, security, reliability, quality, or availability of the Family & Friends Discount.
To the extent permitted by law, neither Sushi Sushi nor it’s affiliates will be liable for damages of any kind (including under contract, tort or negligence), arising out of or in connection with the Family & Friends Discount, including any direct, indirect, special, incidental, consequential or punitive damages (including personal injury, emotional distress, loss of revenue or profits, loss of use or goodwill, loss of data), even if such loss was foreseeable.
These Terms & Conditions are governed by the laws of Victoria. If any of these Terms & Conditions are or become invalid, the relevant part is severed which doesn’t affect the validity of the remaining parts.
Nothing in these Terms & Conditions restricts, excludes or modifies, or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition & Consumer Act 2010 (Cth).