Last modified: 25 November 2020
This website www.littlebirdee.com.au (the Site) is made available by Little Birdee Espresso Pty Ltd ABN 22 161 597 753
("Little Birdee", "we", our" or "us").
1. Purpose of the Site
We make this available to allow you to browse and view details of the products and services offered by Little Birdee and its network.
On the Site, we may also allow you to interact with us via social media channels, submit online food orders through the Online Ordering Service (clause 3) or enter Promotions (clause 4).
2. Use of our Site
You’re permitted to use our Site for your own personal and non-commercial use and not to misuse it. The copyright and other intellectual property rights published on our Site are owned by us. These works are protected by copyright laws and all rights are reserved.
Our Site may not be used, reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without the express written permission of Little Birdee.
You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Site.
You assume full responsibility for any associated costs or charges that you incur as a result of using our Site.
3. Online Ordering Service
If you wish to use our Online Ordering service, you will be required to create an account and accept the Online Ordering Terms, which are incorporated into these Terms.
4. Access to this Site
We make every effort to make sure that our Site is available 24 hours a day. We are not liable if our Site is unavailable at any time or for planned maintenance or other reasons. Access may be suspended temporarily at any time and without prior notice.
You are responsible for making arrangements to access our Site. You also have responsibility for ensuring that anyone who accesses our Site through your internet connection are also aware of these Terms and that they comply with them.
The transmission of information via the internet is not completely secure and data is submitted at your own risk. Although we take the steps required by law to protect your information, we can’t guarantee the security of your data transmitted to the Site.
6. Third party links
You may link to the Site as long as you do so in a fair and legal way and that will not cause damage or take advantage of our reputation. You shouldn’t link from a website that isn’t owned by you or that suggests a form of association with or endorsement by us. We have the right to withdraw linking permission at any time and for any reason.
7. Your privacy
8. Termination of access
We may terminate or suspend your right to access the Site immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have breached these Terms.
We do our best to ensure that information on our Site is correct but we can’t promise it is accurate or complete. We may make changes to the material on the Site, or to the Service, products and prices described on it, at any time without notice.
We do our best to ensure that our product names, descriptions, prices, nutritional information and allergenic warnings are accurate. The material on the Website may be out of date, and we make no commitment to update that material.
To the fullest extent permitted by law, we exclude all liability arising out of your use of our Site or the supply of any products by Little Birdee.
If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to these Terms or the Online Ordering Terms and permits the limitation of liability for breach of warranty implied by statute, the liability of Little Birdee is limited, at the option of Little Birdee, to:
(a) in the case of goods, any one or more of the following:
- (i) the replacement of the goods or the supply of equivalent goods;
- (ii) the repair of the goods;
- (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- (iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
- (i) the supplying of the services again; or
- (ii) the payment of the cost of having the services supplied again.
These Terms and the relationship between us shall be governed and construed in accordance with Australian law. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Australian courts.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.
ONLINE ORDERING TERMS
Last Modified: 25 November 2020
The terms and conditions set out below (Online Ordering Terms) apply to online orders for the supply of food and drink products by a Little Birdee restaurant (Orders) which are submitted via our online ordering facility at www.littlebirdee.com.au (Online Ordering Service). The Online Ordering Service is operated by Little Birdee Pty Ltd ABN 22 161 597 753.
By placing an order on the website www.littlebirdee.com.au, you accept the offer of Little Birdee. Little Birdee will produce your order for you and you will find the contact details www.littlebirdee.com.au/contact-us. Payments made through the website are made to Little Birdee Pty Ltd ABN 22 161 597 753
1 ACCESSING THE ONLINE ORDERING SERVICE
1.1 You may browse the Online Ordering Service by creating a user account (Account) and registering.
1.2 When you create an Account, you will provide your details (including your payment details) which we will store on your Account or with our secure third party payment provider to make it easier for you to submit Orders in the future.
1.3 To create an Account or submit an Order, you warrant that all information given to us is true and correct.
2 PLACING ORDERS
2.1 To place an Order via the Online Ordering Service you will be required to specify:
(a) the food and drink products that you want to order (Ordered Products);
(b) the restaurant at which you will collect your Order (Designated Restaurant);
(c) the estimated collection time for the Order (Pickup Time);
(d) your payment information; and
(e) any other details we require to finalise your Order.
2.2 Please ensure that you check all of the details you enter and correct any errors before submitting your Order, as we will begin processing your Order immediately. You won’t be able to cancel or vary your Order, except as allowed under clause 6.
2.3 We reserve the right to refuse any Order on any grounds.
3 SELECTING A PICKUP TIME
3.1 When placing an Order for later in the day, you will be asked to choose a Pickup Time, which is an estimated time for collection of your Order from the Designated Restaurant.
3.2 If you select the ‘Order Now’ option, we will let you know the earliest possible time we can have your Order ready for collection and ask you to confirm that time.
3.3 The Pickup Time must be on the same day the Order is submitted and must be within the opening hours of the Designated Restaurant.
3.4 Please only submit an Order if you intend to collect the Order at the Pickup Time, as we will prepare the Ordered Products in anticipation of your arrival at the Pickup Time.
4.1 The prices published on the Online Ordering Service will apply to the Ordered Products. All prices stated on the Online Ordering Platform are inclusive of GST.
4.2 The Online Ordering Service may allow you to apply certain available discounts or promotions to Orders submitted via the Online Ordering Feature. If you wish to take advantage of one of our discounts or promotions which is not able to be claimed via our Online Ordering Service, please call one of our restaurants directly to place a telephone order.
4.3 We reserve the right to refuse an Order or alter the agreed price if an incorrect price was given due to a software malfunction or interference with the Online Ordering Service.
5.1 You must pay for the Products at the time of submitting your Order using an approved payment method. Approved payment methods include Credit Cards, Birdee Bucks and wage deduction for payroll employees of St Andrew’s War Memorial Hospital. Credits are no redeemable for cash.
5.2 The payment will be processed by us immediately via our payment partner Stripe and will be debited from your account in the timeframe set by your card or account provider.
5.3 If we are unable to authorise your payment via the selected payment method at check out, you will be alerted and your Order will not be processed.
5.4 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.
6 CHANGES & CANCELLATIONS BY YOU
6.1 You may cancel or change your Order at any time up to 30 minutes before the Pickup Time, by contacting our customer service team directly at 1300 BIRDEE. No changes or cancellations will be accepted within 30 minutes prior to the Pickup Time.
6.2 If we allow you to cancel or change your Order, yo