Terms, Conditions & Policies
Kimari Pty Ltd
trading as Fired Up BBQ
These Terms and Conditions of Use govern your use of this website and your use of this websiteindicates your acceptance of these Terms and Conditions. Kimari Pty Ltd may from time to time amend, update or change this website including these Terms and Conditions without prior notice.
INFORMATION ON WEBSITE
Publishing information about a product on this website does not ensure its availability. Products are advertised subject to availability. Price information is subject to change without notice. Kimari Pty Ltd does not undertake to keep this website updated. Kimari Pty Ltd is not liable to you or anyone else if errors occur in the information on this website or if that information is not up to date.
INTELLECTUAL PROPERTY RIGHTS
All material contained on this website is the property of Kimari Pty Ltd and its affiliates and protected by copyright. Except as permitted by relevant copyright legislation or with the prior written approval of Kimari Pty Ltd or its affiliates, 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 trademarks appearing on this website are primarily trademarks of Kimari Pty Ltd. Other trademarks displayed on this website are trademarks of their respective owners. The trademarks must not be used or modified in any way without the express written permission of Kimari Pty Ltd or the relevant affiliate or third party owner.
Your use of the material contained on this website is at your sole risk. Any information and data is provided on an as is basis and excludes any warranties which may be excluded by law. Kimari Pty Ltd reserves to itself the right to change any of the material on this website at any time.
LIMITATION OF LIABILITY
To the extent permitted by law, Kimari Pty Ltd's liability in relation to any product or service purchased as a consequence of your use of this website is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to Fired Up BBQ for the product or service. To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use this website and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. 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.
The laws of the State of New South Wales and the Commonwealth of Australia govern this website.This website may be accessed throughout Australia and overseas. Kimari Pty Ltd (trading as Fired Up BBQ) makes no representations or warranties that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website 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.
The types of personal information we may collect about you include:
your contact details, including email address, mailing address, street address and/or telephone number
your credit card or payment details (through our third party payment processor)
information you provide to us through customer surveys
details of products and services we have provided to you and/or that you have enquired about, and our response to you
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour
information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider
additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information
any other personal information requested by us and/or provided by you or a third party
We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
to enable you to access and use our Site, associated applications and associated social media platforms
to contact and communicate with you
for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms
to run competitions and/or offer additional benefits to you
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
to comply with our legal obligations and resolve any disputes that we may have
Disclosure of personal information to third parties
We may disclose personal information to:
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia
third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia
By providing us with personal information, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.
Your rights and controlling your personal information
Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Cookies and web beacons
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor's behaviour and collect data about the visitor's viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Links to other websites
For any questions or notices, please contact our Privacy Officer at:
OPT Parramatta Pty Ltd ABN 83 124 415 738
Last update: 4 June 2019
Thank you for visiting and shopping at Fired Up BBQ. The following are the terms and conditions that constitute our Delivery Policy.
Delivery processing time
All orders are processed as received. Orders are only able to be placed within our opening hours. Our standard delivery time is 45 minutes from the time the order is received, until delivery takes place. We aim to meet or better this time wherever possible.
If we are experiencing a high volume of orders, there may be small delays. If there will be a significant delay, we will contact you via phone.
The following is a basic map of our current delivery area. This will be updated from time to time. Check back to see if we have updated this to include your address.
Delivery Charges / Minimum Order
Deliveries will only be made with pre-payment. No COD Deliveries will be accepted. Payment will be made via our online payment gateway (when available), or will be made with credit card over the phone. Minimum order eligible for delivery is to the value of $30. There will be a $5 delivery charge.
Please ensure the address you have supplied is correct as re-delivery will incur a fee. We are unable to accept responsibility for non-delivery if you have supplied the incorrect address and time.
Last modified: 2019
Fired Up BBQ shall not be held responsible for the failure of timeliness, safety and accuracy of internet service, for example failure to send and receive messages, message delivery errors, personal setting errors, unsaved details and other problems aroused from internet service failures.
Fired Up BBQ reserves the right to track IP addresses.
Fired Up BBQ has the right to suspend, edit and delete any content that may cause conflict with the terms & conditions without notice. Users must agree upon and abide by these changes.
In certain circumstances, Fired Up BBQ will process a refund or cancellation of your order.
Please consult Fired Up BBQ customer service (by phone on (02) 9055 0040) before requesting a refund or cancellation of order.
Request for refund shall be made before any consumption of delivery food.
User will not be able to request a cancellation of order once the restaurant has started to prepare the food.
Fired Up BBQ shall reserve the right to cancel order being made by users. We will get into contact with the user as soon as possible if order is being cancelled.
Please contact Fired Up BBQ and wait for reply if users are to cancel their orders due to emergency.
If user maliciously refuses to accept the delivery food under the circumstance when order cannot be cancelled, Fired Up BBQ reserves the right to refuse a refund request.
Customer must provide valid proof to request for refund (or replacement). Valid form of proof includes a photo of food delivered in a poor state, or incomplete order.
User agrees to be immediately bounded by above terms and conditions once order is placed.
Please make sure your delivery address and contact number are accurate and complete when you make any order at Fired Up BBQ. Please let Fired Up BBQ know immediately about any changes to your details to ensure timely delivery.
Fired Up BBQ shall not be held responsible for late delivery due to force majeure circumstances such as peak mealtimes or adverse weather conditions. Fired Up BBQ will make all reasonable efforts to ensure timely delivery.