Terms & Conditions
FINLEY RETURNED SOLDIERS CLUB ONLINE
ORDERING TERMS AND CONDITIONS
- The Finley Returned Soldiers Club Online Ordering
facility (“the Service”) is provided by Finley Returned Soldiers
Club Pty Ltd ABN 92001050246 (referred to as “Finley RSC”,
“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 Finley RSC’s collection, use and disclosure of
your personal information in accordance with Finley RSC’s
amended from time to time and incorporated here by reference.
USE OF THE SERVICE
- The Service is only available to individuals aged 18 years
or over who are resident and accessing the Service in Australia
via the Finley RSC website 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 Finley
RSC to enter into a further agreement as evidence of consent for
a minor to order online.
- Finley RSC may, in its absolute discretion, refuse to
provide the Service to any person for any reason and Finley RSC
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 instructions on the ordering page of the Service. You
are able to correct errors on your order up to the point on which
you click the “Placer Order” button on the “Place Order” page.
Once you have entered the ordering screen you must complete
your order before your session times out otherwise you will
have to restart the order process.
- 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.
- After you click on the “Place Order” button on the “Place
Order” page, you place your order with us and we receive your
order, and 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
- 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 Finley RSC Bistro 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 Service:
i. The purchase price for each item comprising the order;
ii. Any other fees and charges set out in the terms and
- 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 “Place
Order” on the “Place Order” page. To protect you against fraud,
we may require that the 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
- 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.
- The Service is only available where:
i. The minimum order is A$9.00;
ii. The maximum order (paid for by cash) is A$200.00; and
iii. The maximum order (paid for by credit card) is A$400.00.
- You may not reverse or cancel any order made using the
PERSONAL INFORMATION AND SECURITY
- We use secure service software to make our internet
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.
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:
i. Payment of those items;
ii. 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
i. 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;
ii. For any damage to your computer or mobile phone or
other facilities as a result of using the Service; or
iii. 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
- Our maximum liability to you in respect of each use of the
Service shall be the refund of the purchase price of your order.
- 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:
i. Your fraudulent or wilful negligent act or omissions;
ii. Any breach of these terms and conditions by you;
iii. Your act or omissions which causes us to be in breach or
any law or regulation; or
iv. Personal injury, death or property damage caused or
contributed to by you.
- You must not:
i. 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;
ii. 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
iii. make fraudulent or speculative enqui ries, purchases or
requests using the Services;
iv. use another person’s details without their permission or
impersonate another person when using the Service;
v. tamper with or hinder the operation of the Service;
vi. knowingly transmit any viruses, worms, defects , trojan
horses or similar disabling or malicious code to our
website or associated application associated with our
vii. reformat or frame any portion of the web pages that are
part of our website or associated application associated
with our Services;
viii. 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
ix. use the Services other than in accordance with these terms
- You warrant that:
i. all information and data provided by you to us using the
Services is true, accurate, complete and up to date;
ii. the person receiving any items ordered on your behalf is
authorised by you to do so.
INTELLECTUAL PROPERTY RIGHTS
i. 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;
ii. 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
iii. 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.
- If you are dissatisfied with the quality of any Products
or the service provided by the Finley RSC and wish to seek a
refund, a proportionate price reduction or any other
compensation, you should contact us directly to lodge your
complaint and, where appropriate, follow the Finley RSC’s
own complaint procedures.
LAW AND JURISDICTION
- Our relationship should be governed and interpreted
according to the laws of the State of New South Wales. Any
disputes which cannot be resolved between us shall be resolved
in the courts of New South Wales.
COMPLAINTS AND COMPLIANCE
- If you have any comments or complaints in respect of our
services please contact the Customer Service team