Terms & Conditions


1.1 This site www.varsity.com.au (“Website”) is made available by Varsity Group Pty Ltd (“Varsity”,  “we”, “our”, or “us”). These terms and conditions (“Terms”) apply to any person who uses,  accesses, refers to, views and/or downloads the information made available by us on the Website  (“Content”) for whatever purpose (hereinafter referred to as “users”, “you” or “your”). The display  of Content and your ability to view, access, use, and/or download the Content on the Website will  be referred to as the “Services”. 

1.2 By continuing to access our Website and/or use our Services, you agree that you enter into a  legally binding contract with us upon these Terms and our Privacy Policy. These Terms, The  Privacy Policy, and any additional document we incorporate by reference in these Terms  constitute the complete and exclusive understanding and agreement between you and us.  

1.3 If you do not agree with any term or condition in these Terms, the Privacy Policy, or any  policies or additional documents we incorporate by reference including the terms and conditions  relating to any products ordered online or our our loyalty program, or any subsequent changes,  you must discontinue to use the Website. 

1.4 These Terms may be updated or amended by us at any time at our sole discretion. Each time  you use the Website and/or our Services, it is your responsibility to review these Terms and the  Privacy Policy in case of any such updates or amendments. If you do not agree with our updates  or amendments, you must discontinue to use the Website and our Services.  


2.1 The Website, and the Services available through the Website, may contain links to other third  party websites, including (without limitation) social media platforms (“Third Party Websites”). If you  link to Third Party Websites, you will be subject to those Third Party Websites’ terms and  conditions and their policies. 

2.2 Material on this Website, including text and images, is protected by copyright law and is  copyright to Varsity. It may not be copied, reproduced, republished, posted, broadcast or  transmitted in any way except for your own personal, non-commercial use. Prior written consent  of the copyright holder must be obtained for any other use of material. No part of this Website  may be distributed or copied for any commercial purpose or financial gain. All intellectual property  rights in relation to this Website are reserved and owned by Varsity. 

2.3 Hyperlinks provided on this Website to non-Varsity sites, are provided “as is” and we do not  necessarily agree with, edit or sponsor the content or imply an endorsement of the views,  information or products provided by such websites. No person, business or website may Fram  this Website or any of the pages on this Website in any way. 


3.1 We offer the Varsity League loyalty program in Western Australia. Should you be a member of  Varsity League and wish to earn loyalty rewards, benefits or discounts on our products, please  refer to the Varsity League terms and conditions

3.2 Other competitions or promotions may be offered by us from time to time. The terms and  conditions for those competitions and promotions will be specified on the Website. By entering or  participating in a competition or promotion, you agree to be bound by the relevant terms and  conditions specified on the Website in relation thereto. We retain the right, at any time and without  notice, to remove, alter or add to competitions or promotions on the Website without any liability  to you provided. Such alteration or addition will not affect the terms of any competition or  promotion entered into by you prior to the alteration or addition.


4.1 Access to our Online Ordering Platforms  

4.1.1 The terms and conditions set out below (“Online Ordering Terms”) apply to online orders for  the supply of food and drink products by a Varsity bar (“Orders”) which are submitted via our  online ordering facility at www.varsity.com.au or via the App (“Online Ordering Service”), for  collection by you, or for delivery to you.  

4.1.2 You may browse the Online Ordering Platforms and submit Orders by creating an account or  registering your details with us (Account). To create an Account or submit an Order, you warrant  that all information given to us is true and correct  

4.1.3 The terms and conditions published on our Website at any given time are those in full effect  at the time that you place an order for products through an Online Ordering Platform, which are  binding on you when you place an order. 

4.1.4 Our Online Ordering Platforms are available between 11:00am to 9:00pm (AWST), however  we are not liable if our Online Ordering Platforms are unavailable at any time due to planned or  unplanned maintenance or for any other reason. 

4.2 Use of our Online Ordering Platforms  

4.2.1 You are permitted to use our Online Ordering Platforms for your own personal and non commercial use only. 

4.2.2 You assume full responsibility for any associated costs or charges that you incur by using  our Online Ordering Platforms.  

4.3 Your Information  

4.3.1 When you place an online order on our Online Ordering Platforms, you will be required to  provide us with personal information including your full name, email address, phone number and  payment details.  

4.3.2 By submitting an Order and giving us your Information, you agree to our Privacy Policy and  consent to us collecting and using your Information in accordance with our Privacy Policy.  

4.4 Placing your online order  

4.4.1 You must be at least 18 years old to access, use and place an order through our Online  Ordering Platforms. 

4.4.2 Orders placed by you through our Online Ordering Platforms will either: 

(a) be collected by you directly at your designated Varsity bar if you selected to pick up through  the ordering process; or 

(b) be delivered to you from your selected participating Varsity bar if you have ordered through the  Website or App and chosen the delivery option. 

4.4.3 Orders placed by you through our Online Ordering Platform will be capable of applying  Varsity League Credits to purchase or redeem the order where permitted by the terms of the  offers and products being purchased through the Online Ordering Platform. 

4.4.4 We reserve the right to refuse, without refund, orders made by third party delivery services  placed via our Online Ordering Platforms. 

4.4.5 To place an order via our Online Ordering Platforms, you must: 

(a) select the Varsity bar that you either wish to collect your order from or have your order  delivered from (where applicable). Please ensure you have selected the correct Varsity bar as this  cannot be changed once the order has been submitted; 

(b) select the food and drink products you wish to order; 

(c) select your preferred method of collection from pick-up or delivery; 

(d) provide your payment information;  

(e) provide all other requested information to finalise your order, which may include but is not  limited to offer redemption selections, order notes or delivery instructions; 

(f) accept the opportunity to submit your order; and 

(g) check all information that you have entered, and correct any errors before submitting your  order, as we are unable to correct any errors once we have commenced processing the order. 

4.4.6 Varsity accepts no liability or responsibility for incorrectly placed orders or delivery details  which are incorrectly supplied, or which you fail to supply.  

4.5 Prices and payment  

4.5.1 You will be charged the prices listed on the applicable Online Ordering Platform, including  delivery costs where appropriate, which are inclusive of GST. 

4.5.2 Prices may vary from time to time and across different ordering platforms including but not  limited to pick up, dine-in or delivery. 

4.5.3 We reserve the right to refuse an order or alter the agreed price if an incorrect price was  given due to software malfunction or interference with the Online Ordering Platform.  

4.5.4 If your payment is not authorised when choosing the delivery method on our Online  Ordering Platform, we will notify you of this. In this instance your order will not be fulfilled and it  will not be sent through to the designated Varsity bar. 

4.5.5 You must pay for your order through the applicable Online Ordering Platform when choosing  the Delivery method using an acceptable credit or debit card, which will be debited from your  account in the timescales set by your card or account provider, or a valid Varsity gift card. 

4.5.6 You must pay for your order in-venue at the time of collection when choosing the Pick-Up  method on our Online Ordering Platform. 

4.5.7 If you are a Varsity League member of ours you may also use your accrued loyalty credits to  pay for the full amount of the order through the Online Ordering Platform. 

4.5.8 You may not cancel or change your order after it has been submitted and payment has been  authorised through the relevant Online Ordering Platform.  

4.5.9 If, due to unforeseen circumstances, we are unable to fulfil your order, or if a product is no  longer available, we will contact you either before you collect the order at your chosen Varsity bar  or before your order is collected from the Varsity bar fulfilling your delivery, whichever applies, and  seek to replace the unavailable item with another item of similar or equal value or we will refund  the amount that you have paid. 

4.5.10 Any refund requests by you must be submitted to our Customer Care team at  info@varsity.com.au during business hours within 48 hours of placing the initial order. 

4.5.11 You will be responsible for any associated costs or charges that may be incurred through  the payment platform or your card provider by using the Online Ordering Platform. 

4.6 Collecting your order  

4.6.1 Where you have chosen to collect your order placed through the Online Ordering Platform,  you must:

(a) collect your order at the designated Varsity bar at the time provided to you; (b) make yourself known to one of the staff members on arrival; and 

(c) show some form of proof of identity upon request. 

4.6.2 We will endeavour to have your order ready for you at the time stated through the Online  Ordering Platform process. 

4.7 Delivering your order  

4.7.1 Where you have chosen to have your order delivered, you must be available to accept  delivery from your nominated delivery address. 

4.7.2 The delivery of your order will be fulfilled by Door Dash. 

4.7.3 We will use all reasonable endeavours to ensure your order is delivered within the  designated timeframe, however factors outside of our control, including but not limited to traffic  and weather conditions, may prevent on time delivery.  

4.7.4 If you cancel your order, you will be charged the full price for the product(s) if food  preparation has started and the full price charged for delivery if the driver has been despatched. 

4.7.5 You will still be charged for your order for failed deliveries caused by you including but not  limited to your failure to come to the door or pick up the phone when contacted by the driver, your  provision of incorrect contact or delivery information or in circumstances where the delivery driver  is unable to find a safe location to leave the order where you fail to come to the door. 

4.8 Customer service  

4.8.1 Customer care is extremely important to us. Our 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. 

4.8.2 We do our best to ensure that our product names, descriptions, prices, nutritional  information and allergenic warnings are accurate. If you are in any doubt as to the contents of any  of our products you should confirm with the designated Varsity bar directly before you place your  order. 

4.9 Termination of use  

4.9.1 We may terminate or suspend your right to use or place orders from our Online Ordering  Platform immediately by notifying you if we believe, in our sole discretion, that you have breached  the terms of our Online Ordering Platforms. 

4.9.2 Our products are sold on a direct to customer basis, where the person who places the order  online or uses our Online Ordering Platforms collects their order in person, or has the order  delivered to them, for the purposes of private consumption. 

4.9.3 You are not entitled to re-sell our products ordered on our Online Ordering Platforms for your  own commercial gain or use. 


5.1 We accept no liability for unauthorised acceptance and consequential unauthorised  redemption of our gift cards and reserve our rights at our discretion at any time to amend the  terms of use of our gift cards. 

5.2 Agreeing to these terms of use; 

You agree to be bound by these terms of use by purchasing, using or attempting to use our gift  card or by making a transaction, enquiry or exercising any right to redeem value loaded on our gift 

card. By purchasing, using or attempting to use our gift card, or by making a transaction enquiry  or exercising any right to redeem value loaded on our gift card, you warrant to us that you will  comply with these terms of use and all applicable laws and that our gift card will not be used in  any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers. If  you are giving our gift card to another person, you should ensure that they are aware of our terms  of use that apply to our gift cards. The expiry date on our gift cards is three years from the date of  purchase by you, following which, any remaining funds on the expired gift card will not be  available for redemption. Our gift card cannot be reloaded or recharged with additional value.  

5.3 Method of payment 

You may use cash, Visa Card or MasterCard for payment of our gift cards. American Express can  be used at our Nedlands venue only. 

5.4 Refunds/Returns/Replacements 

5.4.1 Our gift cards cannot be exchanged for another denomination or tender (i.e. cash) and  cannot be refunded or returned unless required by law. 

5.4.2 We are not responsible for, and not able to replace gift cards which are lost or stolen. 5.5 How and where to use our gift card 

Our gift card may only be used to purchase products available at any Varsity bars within Western  Australia by presenting our gift card at the time of purchase. The transaction will be completed  when the balance has reduced on the gift card. No change will be given. Any remaining balance  on the gift card may only be used in whole or part against a future purchase. Our gift card may  only be used to make purchases up to the remaining value on the gift card. If you wish to make a  purchase for an amount that exceeds the remaining value on the gift card, you must pay the  excess using another method of payment. 

5.6 Faulty/Damaged Gift Cards 

Faulty or damaged gift cards shall not ordinarily be replaced by us unless our gift cards are faulty  or damaged as a result of the production process or otherwise due to our fault. Please contact us  to discuss re-issuance in these and other circumstances which may have affected our gift card. 

5.7 Gift Card Balance 

Gift cardholders can check the balance of their gift card by requesting the balance amount with  staff at any Varsity bars in Western Australia. 

5.8 Risk & Title 

Risk and title in our gift card passes to you upon payment for the gift card. We will not be  responsible for any unauthorised acceptance and unauthorised redemption of our gift card. 

5.8 Liability 

You have certain rights under the Australian Consumer Law which cannot be excluded and are  not affected by these Terms. Except for those non-excludable statutory rights, any conditions  implied by any other laws are excluded from these terms of use relating to our gift cards. To the  maximum extent permitted by law, we will not be liable to you for any loss or damage (whether  direct, indirect or consequential) howsoever caused, nor will we be in default under these terms of  use, for failure to observe or perform any of our obligations under these Terms for any reason or  cause. To the extent permitted by law, in the event that we or our affiliates or suppliers are found  liable to you, you shall only be entitled to recover actual and direct damages and such damages  shall not exceed the last balance held on your gift card. In no event shall we or our affiliates or  suppliers be liable for unauthorised access to, or alteration, theft or destruction of gift cards 

through accident, misuse or fraudulent means or devices used by you or any third party, or as a  result of any delay or mistake resulting from any circumstances beyond our control. 

5.9 Varsity League credits 

Varsity League members do not accrue points when purchasing Gift Cards and do not accrue  points when redeeming Gift Cards on any item.  


6.1 You may not use our products for any illegal or unauthorised purpose nor may you, in the use  of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  

6.2 Shipping and returns 

6.2.1 We ship via Australia Post and aim to ship within 7-10 working days. Shipping costs are  clearly outlined at the checkout when you purchase our merchandise from this Website. We do  not hold any liability or responsibility for items that may be lost, stolen or go missing due to  factors outside of our reasonable control including (but not limited to) handling by Australia Post  or acceptance of a parcel if left in a safe place. We encourage you to read the terms and  conditions of Australia Post before purchasing through our Website. 

6.2.2 In the event that your purchase is faulty, damaged or incorrectly sent, we will refund your  money or exchange the item to the same bank account or delivery address originally stated. If  your purchase incurred a delivery fee, then we will cover the cost of delivery in re-issuing your  item. 

6.2.3 In the event that you change your mind or wish to change a size of an item purchased, then  please contact us at info@varsity.com.au or via the Contact Page on this Website. For exchange  of a purchase not associated with fault or damage, additional delivery charges will be incurred at  your expense. All returns must be in their original condition and/or packaging. 

6.3 We do our best to ensure all information on this Website is current, accurate and complete. If  in the case any item on our online merchandise store is unavailable and not yet updated, we will  notify you immediately upon your purchase and a full refund, including the associated delivery fee,  will be reimbursed.  


7.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the  accuracy of all of the Content available on the Website, the Content is intended and produced for  general information purposes only, and to the extent permitted by law, should not be relied upon  by you as specific advice of any kind. 

7.2 You understand and agree that the information, details and descriptions set out on this  Website, including the details regarding the prices, menus, products and services may change  from time to time and you will be bound by these charges from the date the changes are posted  on our Website. 

7.3 You acknowledge that any nutritional advice on the Website is not intended to, and does not,  constitute professional advice or a replacement or substitute for professional advice of any nature  whatsoever. 

YOUR OBLIGATIONS WHEN USING THE WEBSITE AND THE SERVICES  8.1 You may not use the Website to obtain or distribute: 

8.1.1 copyrighted material or material protected by law without our prior written consent; or

8.1.2 material containing viruses or any other destructive materials or data or code which can  corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the  operation of a computer system or hardware or software. 

8.2 You must not do anything that may jeopardise or interfere with the functionality or the  operation of any part of the Website or our Services or any part thereof. 

8.3 You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”,  “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving  purposes similar or the same as the aforementioned acts. 

8.4 You are not permitted to intercept any information transmitted to or from us or the Website  which is not intended by us to be received by you. 

8.5 Subject to the further provisions of these Terms, the Website and the Content may only be  used by you for lawful purposes and shall not extend to the use of the source code of the Website  or the Content. 

8.6 Subject to the further provisions of these Terms, you are not permitted to: (i) frame, modify,  distribute, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part  of the Content in any other work or publication; and/or (iii) perform any other act which may not  be considered fair use. On notice by us, you agree to cease any activity which we do not  consider, in our sole and absolute discretion, to constitute fair use. 

8.7 Any restrictions on the use of the Website or the Content shall also apply to any part of the  Website or the Content which may be cached when using the Website or the Content. 

8.8 In addition, you shall not and shall not allow a third party to: 

8.8.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover  any source code, underlying ideas, algorithms, file formats, programming of the software forming  part of the Website and/or the Content (“the Software”) or any files contained in or generated by  the Software by any means whatsoever; 

8.8.2 remove any product identification, copyright or other notices, from the Software or  documentation; or 

8.8.3 disseminate performance information or analysis of the Software from any source relating to  the Software. 


9.1 Unless expressly granted herein, we reserve all rights (including all intellectual property rights)  to the Website and Content we make available on or via the Website. 

9.2 You agree not to use, copy, or distribute any of the Content other than as expressly permitted  herein, including any use, copying, or distribution of Content of third parties obtained through the  Website for any commercial purposes. If you download or print a copy of the Content for personal  use, you must retain all copyright and other proprietary notices contained therein. 

9.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the  Website or features that prevent or restrict use or copying of any Content or enforce limitations on  the use of the Website or the Content therein. All moral rights of us and our employees/agents are  reserved. 

9.4 Any reproduction, modification, creation of derivative works from or redistribution of the  Website, the Content, or the collective work or compilation is expressly prohibited. Copying or  reproducing the Website, the Content, or any portion thereof to any other server or location for  further reproduction or redistribution is expressly prohibited.

9.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial  purposes any aspect of the Services. All intellectual property rights in relation to this Website are  reserved and owned by us. 


10.1 We collect personal information from you. We will handle the collection, processing and  storage of your personal information in accordance with our Privacy Policy

10.2 By disclosing or submitting your personal information to us, you consent to us collecting,  processing, storing and using your personal information for the purposes described in our Privacy Policy


11.1 As far as the law allows, you agree to defend, indemnify us and hold us and our officers,  subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service  providers, suppliers and employees harmless from and against any and all claims, damages,  obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors’  fees) arising from: 

11.1.1 your use of and access to the Website and/or the Services; 

11.1.2 your violation of any of these Terms; 

11.1.3 your violation of any third party right, including without limitation any copyright, trademark,  trade secret or other property, or privacy right; or 

11.1.4 any claim that our Content caused damage to you or a third party. 

11.2 The defence and indemnification obligations referred to in clause 

11.2.1 above will survive termination, modification or expiration of these Terms and your use of  the Services and the Website. 


12.1 Subject to clause 11.2 below, neither us nor any of our agents, officers, subsidiaries, holding  companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or  representatives shall be liable for any damage, loss or liability of whatsoever nature arising from  your use of or inability to use the Website or the Services or Content provided from and through  the Website. Furthermore, we make no representations or warranties, implied or otherwise, that,  amongst others, the Content and technology available from the Website are free from errors or  omissions or that the Services will be uninterrupted and error free. 

12.2 No provision of these Terms (or any contract governed by these Terms): 

12.2.1 limits or exempts us from any liability (including, without limitation, for any loss directly or  indirectly attributable to our gross negligence or wilful default or that of any other person acting  for or controlled by us) to the extent that the law does not allow such a limitation or exemption;  and 

12.2.2 requires you to assume risk or liability, to the extent that the law does not allow such an  assumption of risk or liability. 


13.1 While the products and Services sold via the Website may be subject to the additional  payment terms and conditions accessible via the Website, to the extent permitted by law, the  Website and the Content are supplied on an “as is” basis and have not been compiled or supplied 

to meet your individual requirements. It is your responsibility to satisfy yourself prior to accessing  and using the Website or the Services that the Services available from and through the Website  will meet your individual requirements and be compatible with your hardware and/or software. 

13.2 As far as the law permits, the Website and the Services are provided without any  representation or warranty whatsoever, whether express, implied or statutory, including (without  limitation) any representation or warranty as to the operation, integrity, compatibility, availability or  functionality of the Website or as to the operation, accuracy, completeness, integrity,  compatibility, availability, functionality or reliability of the Content. 


14.1 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. Any assignment or transfer by  you shall be null and void. 


15.1 These Terms shall inure for the benefit of and be binding upon our and your successors and  assigns. 


16.1 Please report any violations of the Terms (including the Privacy Policy or any documents  incorporated by reference) that you become aware of by contacting us at info@varsity.com.au or  via our Contact Page on this Website. Any failure by us to act by us with respect to a breach by  you or others does not waive our right to act with respect to subsequent or similar breaches by  you or others. 


17.1 By using the Website and/or the Services, you agree that all agreements, notices, disclosures  and other communications sent by you or we satisfy any legal requirements, including but not  limited to the requirement that such communications should be “in writing”. For the purposes of  this clause, a “data message” means data generated, sent, received or stored by electronic  means. 

17.2 You agree specifically that: 

17.2.1 the agreement will be treated as if it was concluded at our physical address on the date on  which you first made any use of the Website and/or Services; 

17.2.2 an electronic signature is not required by you or us for purposes of agreeing to these  Terms; 

17.2.3 your use, and continued use where appropriate, of the Website and/or the Services is  sufficient evidence of your agreement to these Terms; 

17.2.4 any data message sent by either you or us to the other will be deemed to have been sent  from our physical address if neither your usual place of business nor residence is located within  Western Australia; 

17.2.5 subject to the further provisions of these Terms, any communication sent to you by an  information system programmed to operate automatically on our behalf will be a data message  attributable to, or authorised by us; and 

17.2.6 subject to the further provision of these Terms, a data message sent by you to us will only  be treated as having been received by us when an acknowledgement of receipt is sent by us  personally or by a person who has authority to act on our behalf in respect of that data message.

17.2.7 subject to our Privacy Policy, all users of the Online Ordering Platforms may receive  communication from us. There will be an option in any email communication to opt out of  receiving communication from Varsity. 


18.1 While we do our best to reduce the risk of cross-contamination in our restaurants, we cannot guarantee that any of our dishes are free from allergens. You must advise your server of any special dietary requirements, intolerances and allergies. Varsity will not be held liable for any circumstances that may occur (including but not limited to allergic reactions and illnesses) due to Varsity’s food or beverage items.


19.1 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 and our  Services shall be subject to the exclusive jurisdiction of the courts in the State of Western  Australia. 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, we and you nevertheless agree that the court  should endeavour to give effect to our respective intentions as reflected in the provision. 

19.2 The termination of any contract created by these Terms will be without prejudice to any other  rights or remedies that you or we may be entitled to under the contract or at law, and will not  affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of  any provision of these Terms which is expressly or by implication intended to come into or  continue in force on or after such termination. 


20.1 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 cannot guarantee the security of your data transmitted to the Website. 


21.1 If you have questions about these Terms, our Privacy Policy, the Services or any documents  incorporated by reference in these Terms, please contact us at info@varsity.com.au or via our  Contact Us page on this Website.