- These Terms apply to the ordering, purchase and delivery of Goods (including gift cards) from the Website. These terms form a contract between you and MAdE Establishment Pty Ltd (ACN 132 388 857).
- You are bound by these Terms each time you submit an Order. Each Order is a separate contract between you and MAdE Establishment for the supply of Goods.
2. Placing Orders
- By placing an Order you represent to us that the Goods are intended for personal and non-commercial use only and will not be re-sold.
- MAdE Establishment will not be liable to you for loss you or any third party suffers for a delay or a failure to process your Order or deliver Goods as a consequence of inaccurate or incomplete details provided in Order.
- You will obtain consent to provide MAdE Establishment with Personal Information of recipients of gifts or Goods ordered by you.
- MAdE Establishment reserves the right to accept or reject your Order for any reason at any time. If MAdE Establishment rejects your Order you will receive a refund of any money paid.
3. Availability of Goods
- If your chosen Goods are unavailable (e.g. they are out of stock or where we have withdrawn or suspended sale), we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for those Goods.
- We may withdraw or suspend from sale any Goods displayed on the Site, either temporarily or permanently, at any time. If this occurs, we will not be liable to you for any loss you or any third party suffer.
- If you Order Goods that include Alcohol products you:
- warrant that you are aged 18 years or over;
- acknowledge that it is against the law to sell or supply Alcohol to, or obtain Alcohol on behalf of, a person under the age of 18 years (where relevant); and
- warrant that you are not obtaining Alcohol on behalf of a person under the age of 18 years.
- If MAdE Establishment has reasonable grounds for believing you have not complied with the above clause, MAdE Establishment may cancel your Order and refund any money that you have paid to us in respect of your Order.
- When you place an Order we will charge you and you agree to pay the Price and any applicable Delivery Fee.
- All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
- MAdE Establishment reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price.
- Any payment for an Order must be cleared by MAdE Establishment before Goods are dispatched. If your payment cannot be processed, your Order will be rejected.
- In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.
7. Online reservations
- You may make table reservations for restaurants specified on the Site, which restaurants may vary from time to time.
- Table reservations for restaurants specified on the Site are strictly subject to availability. Please note the reservation will only be effective once you receive an SMS message from us confirming the reservation.
8. Gift Cards
- Your purchase, redemption or attempted redemption of a gift card constitutes your acceptance to be bound by these terms and conditions.
- You may purchase gift cards from the Site. Gift Cards can be purchased for redemption for lunch or dinner meals at Participating Restaurants, including takeaway (where available).
- Your gift card may only be used to make purchases up to the gift card value (or the remaining gift card value). If you wish to make a purchase for an amount that exceeds the gift card value you must pay the excess using another payment method.
- Gift cards expire 12 months after the date of issue (expiry date). You should use any value remaining on the gift card before the expiry date. After the expiry date unused value will become the property of MAdE Establishment.
- Gift cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your gift card, redeem your gift card for cash or receive any portion of the remaining gift card value in cash.
- MAdE Establishment may refuse to redeem any gift card if fraud is suspected or until MAdE Establishment is satisfied that there has been no fraud involved.
- MAdE Establishment is not liable for or in any way responsible for lost or stolen gift cards. You are responsible for the use and safety of your gift card. Lost or stolen gift cards will not be refunded or replaced.
- Gift cards cannot be cancelled once they are issued except if voided by MAdE Establishment.
- You must not use your gift card to purchase goods or services that a retailer is not permitted to supply to you (for example, a retailer cannot by law sell alcohol to you if you are under 18 years of age).
9. Risk and liability
- Risk and title in the Goods passes to you on the date and time of delivery of the Goods.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- MAdE Establishment excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
- Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
We may immediately terminate the agreement for the supply of Goods to you if MAdE Establishment reasonably believes that you have breached these Terms and: - the breach is not capable of remedy; or - if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days.
The following definitions apply to these Terms: - Goods means the items offered for sale on the Site. - GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth). - Order means a request by you to purchase Goods from MAdE Establishment under these Terms whether online or in-person at one of our venues. - Personal Information has the meaning given in the Privacy Act 1988 (Cth). - Price means the purchase price of each Good as specified on the Site.
- MAdE Establishment may vary these Shopping Terms and Conditions at any time.
- See MAdE Establishment’s Website Terms of for further information on trade marks, copyright and other applicable terms.
- Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
- A failure or delay by MAdE Establishment to exercise a power or right under these Terms does not constitute as a waiver of that power or right.
- The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Cremorne, Victoria.
13. Pots competition
Guess the number of pots on the Gazi ceiling – Competition Ever wondered how many pots are on our ceiling? By signing up to our newsletter and registering your guess, you could win a $500 Gazi gift card.
How to enter: 1. Complete our subscriber form and sign-up to our mailing list in-person at the Gazi restaurant located at 2 Exhibition St, Melbourne. 2. Enter by including your guess on our terracotta pot sticker, secured to the subscriber form.
Prize details: 1x $500 Gazi gift card. Valid at Gazi restaurant (Melbourne, Victoria) for 12 months (expiring 1/03/19)
Eligibility and selection details:
- The competition is open to Australian residents of all ages.
- The competition will take place between the hours 12:00 noon and 10:00pm, from Tuesday 26th December 2017 to Wednesday 28th February 2018 (excluding any days the restaurant is closed) (the “Competition Period”).
- The winner will be announced on Friday 2 March 2018 by 6:00pm, via Gazi’s email newsletter. The winner will also receive a direct email from Gazi restaurant sent to the email address listed at the time of completing our subscriber form.
Terms and conditions:
a. Information on how to enter and prize details form part of these Terms and Conditions. Your participation in this promotion is your deemed acceptance of these Terms and Conditions.
b. You acknowledge having read and understood these Terms and Conditions. You agree to be bound by them.
c. The competition will be conducted between 12:00pm and 10:00pm during Tuesday 26 December, 2017 to Wednesday 28 February 2018. This promotion commences on Tuesday 26 December, 2017 at 12noon, at which time you can subscribe to Gazi’s mailing list at Gazi restaurant located at 2 Exhibition St., Melbourne, and concludes at 10pm on Wednesday 28 February 2018 (the “Competition Period”).
d. The competition is only open to "Eligible Entrants". Subject to these Terms and Conditions, an Eligible Entrant is a person who (a) is an Australian resident of any age; and (b) signs up to the Gazi mailing list in the Gazi restaurant; (c) submits their guess of how many pots are on the ceiling; and passes their entry to a Gazi staff member.
e. Incomplete, indecipherable or illegible entries will be deemed invalid. Multiple entries are not allowed with only one entry per customer permitted.
f. The winner will be the entrant who guesses the correct number of pots and will win a $500 Gazi voucher. If no entrant correctly guesses the correct number of pots, the winner will be the entrant who guessed the number closest to the correct number of pots (without going over) (the “Winner”).
g. If there is more than one Winner, each of the Winners will go into a draw for the Prize. The draw will take place at 5pm on AEDT on 2 March 2018 at Gazi Restaurant, 2 Exhibition St, Melbourne. The winner need not be present at the draw.
h. Employees, managers and directors of the Promoter and its related companies (including Made Establishment Pty Ltd, Hellenic Republic, Jimmy Grants and The Press Club restaurants) and suppliers and agencies involved in this promotion are not Eligible Entrants, nor are their immediate families.
i. Details of the Prize are as follows:
- 1x $500 Gazi gift card. Valid at Gazi restaurant (Melbourne, Victoria) for 12 months (i.e. expiring on 1/03/19).
- Total prize pool is valued at $500.00. Use of the Gazi gift card is subject to the gift card terms and conditions (available here: https://gazirestaurant.com.au/terms-and-conditions).
j. Any additional costs associated with Prize fulfilment (including but not limited to additional food that may be ordered or the cost of travelling to or from the restaurant) are the sole responsibility of the winner.
k. If there is any dispute or controversy regarding the conduct of this competition the Promoter's decision will be final and binding, and no correspondence will be entered into.
l. The Prize is not transferable, changeable or exchangeable and cannot be redeemed for cash. No compensation will be payable if the winner is unable to use the prize, or any element of it, as stated. If the Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter, subject to the approval of the applicable State gambling authority if required.
m. Nothing in these Terms and Conditions limits, excludes or modifies any rights under the Australian Consumer Law or other applicable law. Except for any liability that cannot by law be excluded (in which case that liability is limited to the maximum allowable by law), the Promoter (including its officers, employees and agents) excludes all liability for any death, personal injury, loss or damage (including loss of opportunity and whether direct, indirect, special or consequential) suffered or incurred by any person (whether or not arising from any person's negligence) arising in any way out of or in connection with the promotion, the provision of any prize, use or participation in any of the prize or the marketing of the promotion.
n. The Promoter reserves the right to disqualify any entries in its absolute discretion. For example, the Promoter may disqualify any entrants or entries that tamper with, or attempt to tamper with the conduct of this promotion.
o. The Promoter reserves the right, at any time, to verify the validity of entries and the details provided by entrants and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions. The identification necessary for verification is at the sole discretion of the Promoter. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
p. The Promoter may communicate or advertise this competition using social media channels such as Facebook. However, any such communication or advertisement on social media channels does not amount to the social media platform sponsoring, endorsing or administering this competition. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability.
q. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated by due to any reason beyond the reasonable control of the Promoter, the Promoter may, in its sole discretion, to the fullest extent permitted by law and subject to any written directions from a regulatory authority, modify, suspend, terminate or cancel the promotion as appropriate.
r. The winner consents to the Promoter using their name, image, likeness, character, voice or anything else that identifies them without remuneration in any media worldwide (including without limitation in national print media, on the Promoter's website, the Promoter’s social media channels, and in other promotional material) for a reasonable time to publicise this promotion (including any outcome).
s. The personal information submitted in an entry is collected by the Promoter and will be used for the purpose of conducting the promotion and otherwise for including the entrant’s personal details and contact details on the Promoter’s mailing list for marketing purposes. Personal information supplied by entrants may be provided to related bodies corporate or agencies of the Promoter and third parties involved in promoting or conducting the promotion and future marketing and publicity communications. An entrant can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter by emailing our privacy officer at firstname.lastname@example.org. All personal information will be held at the office of the Promoter.
t. Entrants' personal information may also be disclosed to State and Territory lottery departments and winners' names published as required under relevant lottery legislation.
u. Any cost associated with participating in the Promotion, including telecommunications costs, is the entrant’s responsibility and is dependent on the internet service provider used.
v. Each entrant must comply with these Terms and Conditions. Each entrant indemnifies and will keep indemnified the Promoter in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by the Promoter as a direct or indirect result of the entrant acting inconsistently with or breaching any part of these Terms and Conditions.
w. The Promoter is The Press Club Restaurant and Bar Pty Ltd ACN 116 746 439 of Level 2, 6 Palmer Parade, Cremorne, Vic, 3121, Australia.
x. The laws of Victoria apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the Courts of Victoria.