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OKAMI TERMS AND CONDITIONS

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GENERAL TERMS AND CONDITIONS
1. Application of Terms and Conditions
1.1. This website www.okamirestaurant.com.au (Website) is owned and operated by Okami Distribution Pty Ltd ACN 614 594 731 (Okami).
1.2. These terms and conditions apply to your use of the Website.
1.3. By using the Website in any way you accept that you have read and understood these terms and conditions and have agreed to be bound by them.
1.4. If you do not agree to these terms and conditions you must cease to use the Website.
1.5. Okami in its absolute discretion may:
1.5.1. Change these terms and conditions without notice at any time;
1.5.2. Change, suspend or discontinue the Website or any part of it at any time.
1.6. Parts of the Website, including but not limited to reservations or online ordering, may require that you accept terms and conditions specific to that part of the Website.
2. Use of the Website
2.1. You agree that you when you use the Website that you do so at your own risk and cost.
2.2. The Website and these terms and conditions are designed for use in Australia and you agree to only use the Website in Australia.
2.3. You must not:
2.3.1. Use the Website for:
2.3.1.1. Any commercial purpose.
2.3.1.2. Spam or any similar activities.
2.3.2. Attempt to reverse engineer the Website.
2.3.3. Do anything to interfere with or affect the operation of the Website.
2.3.4. Intercept any information from any persons to or from the Website.
2.4. You must not frame the Website or any pages on the Website for any reason in any other website.
3. Links to third party websites
3.1. The Website may link to other third party websites including without limitation social media platforms.
3.2. You acknowledge and agree that:
3.2.1. Okami has no or limited control over any third party websites.
3.2.3. Okami takes no responsibility for any content on any third party websites linked to by the Website.
3.2.4. By linking to a third party website, Okami is not agreeing, sponsoring or endorsing any content on such websites.
4. Intellectual Property
4.1. All the content of the Website is the property of Okami and its associates and are protected by copyright. Except as otherwise permitted, the content may not be used, copied, reproduced, published, stored, altered, transmitted in any form or by any means in whole or in part.
4.2. The trade marks appearing on this website are trade marks owned by Okami and its associates or are trade marks owned by third parties. You must not use or modify the trade marks in any way unless with the written consent of Okami or the relevant third party.
5. Disclaimers
5.1. Okami does not guarantee that the Website will be updated.
5.2. Okami will not be liable to you for any errors or information that is not up to date in the Website.
5.3. Any information provided on the Website is provided on an as is basis.
5.4. Stores and products provided on the Website are subject to availability and may change without notice.
5.5. Any price information provided on the Website is subject to change without notice.
5.6. Any nutritional advice on the Website is intended as guidance only and you should seek your own professional advice.
Okami provides various allergen-free, vegetarian and gluten friendly products and will endeavour to ensure that such products are provided in accordance with any such requirements. However due to potential cross-contamination Okami’s cannot completely guarantee that the product will comply with any such requirements.
6. Exclusion of warranties and representations
6.1. To the extent permitted by law:
6.1.1. The Website and any content therein does not provide any warranties and representations whatsoever, whether express, implied or statutory.
6.1.2. It is your responsibility to satisfy yourself as to the accuracy of the Website and any content therein.
7. Limitation of Liability
7.1. To the extent permitted by law Okami and its agents, officers, directors, employees, representatives, suppliers and like associates will not be liable for any damage or loss, whether direct or indirect, arising from your use of or inability to use the Website.
7.2. Where the law does not allow any limitation or exclusion provided under these terms and conditions but allows a maximum limitation or exclusion then the limitation or exclusion in these terms and conditions shall be read to be the maximum limitation or exclusion allowed by law.
8. Governing Law
8.1. These terms and conditions are governed by the laws of Victoria and you consent to the exclusive jurisdiction of the Courts of Victoria.
8.2. If you use this Website from outside of Australia you acknowledge and agree that Okami provides no warranty or representation that the Website and any content therein complies with any laws outside of Australia.
ORDERING ONLINE TERMS AND CONDITIONS
1. Access to our Online Ordering Platforms
1.1. By accessing any part of our Online Ordering Platforms you agree to the terms and conditions on our Website. This applies to you regardless of whether you access some parts of the Online Ordering Platforms without placing an order or registering your details with Okami’s.
1.2. The terms and conditions published on our Website and are in full force and effect at the time you place an order for products through our Online Ordering Platforms are binding on you upon you placing an order.
1.3. We will endeavour to have our Online Ordering Platforms available 24 hours day and 7 days a week. However, we cannot guarantee this and we will not be liable to you if our Online Ordering Platforms are unavailable or offline at any time due to maintenance or any other reason.
1.4. Access to our Online Ordering Platforms may be temporarily suspended at any time without prior notice to you.
2. Use of our Online Ordering Platforms
2.1. You are only permitted to use our Online Ordering Platforms for your own personal and non-commercial use.
2.2. You will be responsible for any costs or charged incurred by you in the use of our Online Ordering Platforms.
3. Your Information
3.1. When you use our Online Ordering Platforms to place an order or otherwise you will be required to provide Okami’s with your personal information, including your name, contact number, email address and payment information.
3.2. Okami’s will use a third party processor for your personal information and payment information and a copy of their Privacy Policy will be available when you are completing your personal or payment information and can otherwise be accessed at https://cdn.ziicloud.com/legal-doc/terms-n-conditions-c.html.
4. Placing your online order
4.1. You must be over the age of 18 in order to use our Online Ordering Platforms.
4.2. When you place an order through our Online Ordering Platform, you must pickup your products directly at your selected Okami’s restaurant.
4.3. Okami’s reserves the right to refuse, without refund, orders made by third party delivery services placed through our Online Ordering Platforms.
4.4. In order to place an order through our Online Ordering Platforms, you must:
4.4.1. Select the Okami’s restaurant that you wish to pickup from;
4.4.2. Select the products that you wish to order;
4.4.3. Select your estimated collection time;
4.4.4. Provide your payment information;
4.4.5. Provide all other requested information to finalized your order which may also include offer selections or order notes;
4.4.6. Review all the information that you have entered for your order and ensure that there are no errors as Okami’s cannot correct any errors once the processing of the order has commenced;
4.4.7. Submit your order.
4.5. You accept that by placing an order that you are offering to order and purchase the products through the Online Ordering Platform is made to Okami’s or a franchisee of Okami’s, depending on your selected or designated Okami’s restaurant. Until payment successful in relation to the order there is no contract between you, Okami’s or the franchisee of Okami’s.
4.6. You accept that once payment successful of the order that you are entering into an agreement with Okami’s or a franchisee of Okami’s as the case may be. You can find the contact details of the Okami’s restaurant in the selection of the restaurant when ordering through the Online Ordering Platform.
4.7. Despite the clauses above, any payments made through the Online Ordering Platform are made to directly to Okami’s. If your order is being fulfilled by a franchisee of Okami’s, Okami’s will remit the required payment made through the Online Ordering Platform to that franchisee.
4.8. Okami’s takes no liability or responsibility for incorrectly placed orders or orders with unspecified details.
4.9. Okami’s provides various allergen-free, vegetarian and gluten friendly products and will endeavour to ensure that your order is provided in accordance with any such requirements. However due to potential cross-contamination Okami’s cannot completely guarantee that the product will comply with any such requirements.
5. Prices and payment
5.1. The Online Ordering Platform will list the prices which you will be charged inclusive of GST.
5.2. The prices may vary from depending on the time and date. The prices may also vary from dine-in prices.
5.3. We reserve the right to refuse any order or alter the agreed price if an incorrect price shown to you due to an error, whether by interference with the Online Ordering Platform or otherwise.
5.4. Your order will not be sent to the selected or designated Okami’s restaurant if your payment is not authorised and approved and your order will not be fulfilled in that case.
5.5. Payment through the Online Ordering Platform will be by an accepted credit or debit card which will be debited from depending on the policies set by your card or account provider.
5.6. Okami’s will not be responsible for any costs or charges that may be incurred by you in the use of your credit or debit card through the Online Ordering Platform.
6. Cancelling or changing your order
6.1. You may contact Okami’s at any time up to 45 minutes before your selected estimated collection time in order to request to cancel or change your order by telephoning the selected Okami’s restaurant directly.
6.2. The Okami’s restaurant reserves the right to refuse to cancel or change a pickup order if the request is made less than 45 minutes prior to the selected estimated collection time.
6.3. Unless the Okami’s restaurant accepts a cancellation or change to your order pursuant to this clause, no refund will be provided to you for your order.
6.4. If your order is cancelled or changed in accordance with this clause, your payment will still be processed but you will be eligible for a refund which can be arranged by contacting the selected Okami’s restaurant during business hours.
6.5. If the Okami’s restaurant is unable to fulfill your order due to unforeseen circumstances or if the products are no longer available, you will be contacted as soon as possible by the Okami’s restaurant and you may either accept Okami’s proposed replacement products of similar or equal value or a refund of your payment.
6.6. If you have received your order but are not satisfied then you may apply for a refund request by contacting our Customer Care team at support@okamirestaurant.com.au during business hours. You should provide the details of why you are not satisfied with copies of photographic or other evidence and Okami’s will investigate with the selected Okami’s restaurant. Any such refund request must be submitted within 72 hours of the order being made and whether a refund will be provided will be at the discretion of Okami’s.
6.7. Any approved refunds will be processed within 7 business days.
7. Collecting your order
7.1. Where you have selected that you wish to pickup your order, you must:
7.1.1. Attend the selected Okami’s restaurant at the selected estimated collection time in order to pickup your order;
7.1.2. Make yourself known to staff members upon arrival; and7.1.3. If requested, produce identification documents to prove your identity.
7.2. Okami’s will endeavour to have your order ready at the selected estimated collection time.
8. Customer service
8.1. Customer care is extremely important to Okami’s. Okami’s Customer Care team will try to assist you within business hours if you have any problems with your order through the contact details available on our Website.
8.2. Okami’s do our best to ensure that our product names, descriptions, prices are accurate. If you are in any doubt as to the contents of any of our products you should confirm with the selected or designated Okami’s restaurant directly before you place your order.
9. Termination of use
9.1. In our sole absolute discretion Okami’s may terminate or suspend your right to use the Online Ordering Platforms to place orders or otherwise by notifying you if Okami’s believes that you have breached the terms of the Online Ordering Platforms.
9.2. Okami’s products are sold on a direct to customer basis for the purposes of private consumption where the person who places the order through the Online Ordering System will pickup.
9.3. You may not re-sell Okami’s products ordered through the Online Ordering Platforms for commercial purposes, for your own commercial gain or for commercial use.
Version: NOV 2021
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In the spirit of reconciliation the OKAMI acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.

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