Terms and Conditions – Fancy Burgers Online Ordering

The Fancy Burgers Online Ordering facility (“the Service”) is provided by FB’s Alliance Pty Ltd ACN 164245505 (referred to as “Fancy Burgers”, “us” or “we”).

 

  • These terms and conditions apply to the use of the Service when it is used as an online ordering facility.
  • By placing an order using the Service you confirm that you have read and understood these terms and conditions and agree to be bound by them (as may be changed from time to time) and you consent to Fancy Burgers collection, use and disclosure of your personal information in accordance with Fancy Burgers privacy policy (refer to //fancyburgers.com.au/privacy-policy/ as may be amended from time to time and incorporated here by reference.

Use of Service

  • The Service is only available to individuals aged 18 years or over who are resident and accessing the Service in Australia via the Fancy Burgers website, Club Fancy App and associated applications.
  • Those persons under the age of 18 are eligible to order provided they are over the age of 13 and receive parental or guardian consent. Parents/guardians may be required by Fancy Burgers to enter into a further agreement as evidence of consent for a minor to order online.
  • Fancy Burgers may, in its absolute discretion, refuse to provide the Service to any person for any reason and Fancy Burgers will not be liable for any costs, loss or damage incurred by you if we refuse to provide the Service to you.

Placing an Order

  • To place an online order using the Service, you must follow the prompts on the ordering pages of the Service. You are able to correct errors on your order up to the point on which you click the “Order” button on the “Current Order” page.
  • You must provide the requested information for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements.
  • We will use various procedures to authenticate each transaction. In the event we consider that we cannot authenticate a transaction then we may, in our absolute discretion, cancel it.
  • By placing an order you confirm that all information contained in the order are correct.

Order Confirmation

  • After you click on the required payment option on the “Confirm your order” page, you place your order with us and we receive your order, the system will send an automated email to the email address you have provided, setting out the details of your order.
  • You cannot change any order you place with us.
  • Any order placed using the Service is an offer by you to purchase the particular items referred to in the order for the price stipulated.
  • We may, at our sole discretion, accept or reject an order we have received.
  • Each order placed for items using the Service that we accept results in a separate binding agreement between you and the owner of the Fancy Burgers restaurant supplying those items.

Fees and Charges

  • We will charge you and you agree to pay the following fees and charges in relation to any order made using the Services:
    • The purchase price for each item comprising the order; and
    • Any other fees and charges set out in the terms and conditions.
  • We reserve the right to alter the agreed price for any items contained in an order if an incorrect price was cause by a software fault, error or malicious attack.

Payment Via Debit/Credit Card

  • For order paid by credit card or debit card, your card will be debited with the relevant amount once you press “Pay Securely” on the “Card Details” page. To protect you against fraud, we may require that card used to pay for an order to be presented at the time of collection of your order.
  • The card must belong to the person placing and receiving the order. You must ensure that the card is registered in your name and your account has to have sufficient funds available to cover your order and any applicable fees.
  • We accept the following credit cards only:
    • VISA; and
    • Mastercard.
  • If we are unable to successfully process your credit card payment for your order that is accepted by us then we may notify you of dishonour and cancel the order.
  • You must not pay or attempt to pay for items using the Service through any fraudulent or unlawful means.

Changes and Cancellations Made By You

  • You may change or cancel your order at any time up to 30 minutes before the Pick Up Time, by contacting the store where the order was placed. No changes or cancellations will be accepted within 30 minutes prior to the Pick up Time.
  • If we allow you to cancel or change your Order, your original payment will still be processed. Our customer service team will then determine whether you are eligible for a refund according to our Refund Policy.

Changes and Cancellations Made By Us

If we are unable to fulfill your Order due to unforeseen circumstances, or if one of the Products is no longer available, we may contact you to cancel or vary your Order.

We will endeavour to contact you before the Pickup Time, otherwise we will do our best to resolve the issue when you arrive at the designated store.

If this occurs, we will determine whether it is appropriate to:

  1. Offer a replacement of the unavailable item with a another item of similar value;
  2. Provide a partial refund for the price of the unavailable item;
  3. Cancel the entire order and provide a full refund
  4. Provide Club Fancy Points to the value of the unavailable item
  5. Provide another form of compensation that we deem appropriate.

Incorrect Store Pick Up

In the event that you submit your order to a Fancy Burgers store that was not intended.

  • You must make us aware by calling the store that the order was submitted, at least 20 minutes prior to the order pick up time.
  • Should you arrive to a Fancy Burgers store and your order was processed by you at another location, you may choose to:
    • Drive to the location that the order was submitted and collect your pick up order from that location.
    • Purchase your meal again at the store location you arrived at first. We will provide a 50% discount on the total of the 2nd purchase, provided that the exact same order is placed.   A refund of the online order placed will not be provided.

Personal Information and Security

  • We have engaged a third party payment provider to securely process credit and debit card payments and store payment details for Account holders. We will not store your credit or debit card information on our servers and will not have direct access to your payment information
  • You should review our privacy policy to find out how we may use and disclose your personal information. You agree that all information provided by you is true and correct that any material information not be withheld and you will provide us with any additional information that may be required by us.
  • All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, your order will not be accepted.

Refund Policy

  • If you are not happy with your experience, please contact us at orders@fancyburgers.com.au  We will be in reach out to resolve any of your concerns.
  • Any complaint made, must be submitted to us for consideration within 48 hours after the Pickup Time. We will review your request and get back to you as soon as possible with how we propose to rectify your concern.
  • Should a decision to provide a refund be granted, will be at our discretion (subject to our legal obligations) but we will always endeavour to address any complaints to your satisfaction. We will process any approved refunds within 5 business days of approval.

 

Risk and Title

  • Risk in the items ordered using the Service passes to you on the date and time of receipt of the order and title of these items passes to you on the latter of:
    • Payment of those items;
    • Receipt of those items.

Limitation of Liability

  • We use reasonable care and skill in providing the Service and are (to the extent provided by law) not liable for any of the following:
    • If we do not perform any of our obligations to you due to failure of any technical systems or for any other reasons beyond our control;
    • For any damage to your computer or mobile phone or other facilities as a result of using the Service; or
    • For any indirect, or consequential losses, claims or damages (including without limitation loss of profit, loss of production, loss of contracts, loss of opportunity) suffered by you or incurred from your use of this Service however caused.
  • Our maximum liability to you in respect of each use of the Service shall be the refund of the purchase price of your order.

Indemnity

  • You must indemnify us from and against all claims, liabilities, damage, suits and losses made against or suffered by us as a direct result of:
    • Your fraudulent or wilful negligent act or omissions;
    • Any breach of these terms and conditions by you;
    • Your act or omissions which causes us to be in breach or any law or regulation; or
    • Personal injury, death or property damage caused or contributed to by you.

General Restrictions

  • You must not:
    • use the Services for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
    • use the Services in a manner or way which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Services;
    • make fraudulent or speculative enquiries, purchases or requests using the Services;
    • use another person’s details without their permission or impersonate another person when using the Services;
    • tamper with or hinder the operation of the Services;
    • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to our website or associated application associated with our Services;
    • reformat or frame any portion of the web pages that are part of our website or associated application associated with our Services;
    • use our website or associated application associated with our Services to violate the security of any computer or other network or engage in illegal conduct; or
    • use the Services other than in accordance with these terms and conditions.

Warranties

  • You warrant that:
    • all information and data provided by you to us using the Services is true, accurate, complete and up to date;
    • the person receiving any items ordered on your behalf is authorised by you to do so.

Intellectual Property Rights

  • You:
    • acknowledge that the copyright in the website, associated application, the software, design, text and graphics associated with the Services and its content and materials (together, the “Materials”) are owned by or licensed to us;
    • must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
    • must not frame or embed in another website any of the Material without our prior written consent.
  • The Materials contain registered trade marks and other trade marks which are protected by law. You must not use any of these marks or trade marks or our name or the names without our prior written consent.

Alteration Of Terms

  • We may, at any time, with immediate effect, change or withdraw the Service or these terms and conditions without liability to you. If we revise these terms and conditions, we will post a revised version. By using the Service after we have changed these terms you will be accepting the changes.

Third Party Rights

  • When you place an order via the Service and we receive the payment for the order and accept your offer to enter into the contract for the related Service, we are entering the contract with you personally (save and except to the extent that the Fancy Burgers restaurant delivering your order is owned by a licensee, in which case the contract in respect of the supply of the order is between you personally and that licensee). Nothing in these terms will confer any benefit on any third party or any right to enforce these terms on any third party.

Law and Jurisdiction

  • Our relationship should be governed and interpreted according to the laws of the State of South Australia. Any disputes which cannot be resolved between us shall be resolved in the courts of South Australia.

Complaints and Compliance

  • If you have any comments or complaints in respect of our services please contact the Customer Service team via orders@fancyburgers.com.au

Agency

  • Where an order is prepared, processed and received from a Fancy Burgers store that is licenced by us:
    • We merely act as an agent of that licensee;
    • We in the capacity as agent, collect and process any online payments and remit them to the relevant licensee; and
    • We do not in those circumstances provide you with any goods or services; and
    • We make no warranties or representations regarding the goods and services to be provided (including availability and collection).

Terms and Conditions – Club Fancy Loyalty

Introduction

FB’s Fancy Burgers reserves the right to vary, amend or make any changes to these Terms and Conditions from time to time without prior notice in its absolute discretion.  Any changes to these terms and conditions will be communicated on our website and become effective at the time of posting on our website. Registering for the Program and/or using the Card/App to earn any rewards will constitute your acceptance of these Terms and Conditions.  While FB’s Fancy Burgers will attempt to notify Members of any change, we shall not be liable in any way for failure to do so.

If you retain and use your Card after any changes are posted on our website, your use of your Card will be subject to those changes.

The Club Fancy card is issued to you by FB’s Fancy Burgers. Club Fancy Dollars will be awarded to customers for full-priced menu items and for other products or offers as specified by FB’s Fancy Burgers from time to time. 

Club Fancy Dollars will not be awarded in association with any other special offers or one-off discount. Example – Half Price Burger Days 

Club Fancy Dollars are not transferable or redeemable for cash.

Loyalty Card Loss, Theft, Damage or Errors

While every endeavour will be made in store to ensure Club Fancy points are correctly awarded, FB’s Fancy Burgers takes no responsibility for technical errors associated with crediting points onto the Club Fancy card.

The Club Fancy card should be treated like cash. It cannot be replaced if lost or stolen.

Unless otherwise required by law or permitted by this agreement, any points value on your Club Fancy card is non-refundable and may not be redeemed for cash. 

No interest or any other earnings on funds deposited to a Club Fancy card will accrue, be paid or be credited to you by FB’s Fancy Burgers stores.

If the amount of Club Fancy Dollars used in a transaction exceeds the total amount due, the balance will be accrued towards the next Club Fancy Dollars earned and not provided in cash change.

In the case of a lost or stolen card; Club Fancy members should visit a FB’s Fancy Burgers store and request a new card. They can log onto the registered members section of the FB’s Fancy Burgers Website (www.fancyburgers.com.au) where they can transfer their existing card information to their new card by submitting their details. 

Every endeavour will be made to ensure that the full points balance is also transferred to the new card; however FB’s Fancy Burgers will not be responsible for any points accrued that are lost in the transfer. 

Cards that are reported as lost or stolen will immediately be cancelled and will be no longer able to be used.

We reserve the right not to accept a Club Fancy card should we believe that the use is unauthorised, fraudulent or otherwise unlawful.

Birthday Burger

Club Fancy members are entitled to a free Birthday Burger on the day of their birthday or 1 day either side of their actual birth date upon presentation of their Club Fancy Card, proof of date of birth which registered on the card must match the date of visit to the store. 

This free Birthday Burger cannot be redeemed on any other day regardless of external circumstances including but not limited to public holidays, store closures etc. 

This free Birthday Burger is non-transferable and cannot be exchanged for cash. FB’s Fancy Burgers does not take responsibility for incorrectly entered birth dates during the registration process. 

One free menu listed burger (excludes Make Your Own) and does not include any extras.  Not available with any other offer. 

No fees will be charged by FB’s Fancy Burgers for the issue, registration, activation or use of the Club Fancy Card

If customers choose to include their mobile numbers when registering their details, no fees will be charged for any SMS communication that is sent out. However, if customers do decide to opt out of receiving SMS communication they will be charged the price of an SMS.

Should a password be lost or forgotten, Club Fancy members should go to the registered members section of the FB’s Fancy Burgers website at www.fancyburgers.com.au where they can enter their email address and click on ‘lost password’. Their password will then be sent to their nominated email address.

Information collected from members at the time of signing up to the Fancy Fresh Club member program is subject to the Australian Privacy Principles.