OverviewPlease read these Terms of Service carefully before ordering. We reserve the right to update, change or replace any part of these Terms and Conditions anytime. It is your responsibility to check the website periodically for changes. You can review the most current version of the Terms and Conditions at
http://online.wsoft.com.au/pops-snack-shack/termsandconditionsDefinitionsIn these Terms and Conditions “Customer” (or "you", "user") refers to client for online ordering.
Restaurant (or "us", "we", "our") refer to Pop's Snack Shack.
General ConditionsThese Terms and Conditions describe the general online ordering terms and conditions between Us and You and different rights and obligations of the Parties.
The online ordering website and application is owned and operated by Wsoft pty. ltd (Wsoft)
Without affecting the generality of the present Terms and Conditions and for the sake of clarity You must also respect the license agreement regarding the use of the application in order to order online.
You may not use our products for any illegal or unauthorized purpose that could violate any laws.
You agree not to reproduce, duplicate, copy or sell any parts of Wsoft Products and Services, without written permission from Wsoft.
This Terms and Conditions do not affect your statutory rights.
The Restaurant trademarks, as well as the related trademarks of others and related proprietary property are protected from copying and simulation under national laws and are not to be reproduced or copied without the written permission of the Restaurant.
To the fullest extent permitted by law, the Restaurant excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated delivery or pickup time. In any event, the Restaurant's liability to the Client shall not exceed the total price charged for the relevant products/and or services.
Online Ordering termsBy ordering online, you acknowledge and agree that the use of the online ordering application and/or processes at your own risk and the maximum extent permitted according to the applicable law. Under no circumstances, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this online ordering and/or any application and/or material on any site linked to this online ordering application (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications). In addition, no liability can be accepted by Us in respect of any changes made to the content of the online ordering application and/or process by unauthorized third parties.
The online ordering application and/or process may include content, information or links to third parties or third party sites. The Restaurant is not responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at the user's own risk and the Restaurant makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this ordering online application.
Except otherwise mentioned, all the information in relation with the online ordering website and application (including without limitation the images, buttons and text) are property and/or available with the permission of Wsoft in order to order online and holds usage rights over them and, may not be copied, distributed, or reproduced in any form without Wsoft prior written permission.
The content referring to specific products (e.g. food items), arrangement and texts layout of the online ordering application and/or process, the trademarks, and any other content, are proprietary and are protected according with the legal regulations in force and cannot be used in any way without written permission of the Restaurant.
Personal Details ConfidentialityIf you decide to order online using the online ordering application, you may be asked to provide full contact details and/or to create an account and you may need to accept cookies. You must keep your data confidential and must not disclose it to anyone. The Restaurant reserves the right to suspend the use of the online ordering process if you breach the Terms and Conditions.
You are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities in relation with the online ordering.
Payment of Goods and ServicesYou acknowledge and agree that all orders are treated as an intention to purchase nominated products and/or services for the agreed online prices and We treat this as a binding offer from you to purchase such products and services.
Acceptance of an order may occur when you receive an on-screen message and/or email notification and/or an SMS, confirming your order.
The Restaurant reserves the right to refuse any service, terminate your access to the online ordering application and/or process, remove or edit any content or accept your order/s without prior notice to you.
The Restaurant's online ordering application must be used only by persons over the age of eighteen (18) years, or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian.
Any products and/or services provided through the online ordering application are done so on an "as is" and "if available" basis.
The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) towards the photos existing on the site. The Restaurant is not liable in any way if the description of products is not complete.
Delivery orders are also subject to your address falling in the defined delivery area of the Restaurant, availability of the restaurant being online for accepting online orders and Your Order may be subject to a minimum amount per order.
You can pay by any of the methods listed in the checkout screen. Please make sure that if your order is placed using a credit or debit card, the card is valid on the date of your order placement. The Restaurant may provide no refunds to the orders paid online. Contact Us directly to settle any payment dispute or refund claim.
On-line OrderingIf you order on-line, the price charged may be different to the price for the Products had they been ordered in-store or by telephone. The online order once placed cannot be modified or cancelled either through the website or offline by calling the restaurant. If you wish to cancel or complain about your order, please call the Restaurant.
Product Delivery ConditionsWe will aim to provide you with your ordered products as close as possible to your requested delivery/collection time but we cannot guarantee the delivery time. Delivery time may be affected due to bad weather or traffic conditions. This is to ensure the safety of our riders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances.
The Client agrees to accept delivery of the Products at the agreed time and place of delivery. If you have chosen for the Products to be delivered, the Restaurant will deliver the order to the main entrance of the delivery address. If you do not wish to be present to take delivery of the goods at the address given in your order, communicate this with the Restaurant. Otherwise the Restaurant will not refund you the price for your order and will charge you for the full amount of your order.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. In case any provision of this agreement is and/or becomes void, illegal, invalid or inapplicable, it shall not affect the validity or the applicability of the other contractual clauses.
Errors, Inaccuracies and OmissionsThe Restaurant shall make all the necessary diligences to ensure that the information in relation with the online ordering is accurate and reliable. However, errors may sometimes occur. You should take appropriate steps to verify all information in relation with the online ordering before using it. To the maximum extent permitted according to the applicable law, the Restaurant disclaims any warranty of any kind, relating to the online ordering, including without limitation the availability of the online ordering application.
The Restaurant may from time to time revise the information in relation with the online ordering application and/or process and reserves the right to make such changes without any obligation to notify any past, current or prospective clients.