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”.
ACCESSING AND USING THE 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.
LOYALTY PROGRAMS AND COMPETITIONS
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.
4.4 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 firstname.lastname@example.org 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.
5.3 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.
5.4.1 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.
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.
ONLINE MERCHANDISE STORE
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 email@example.com 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.
ACCURACY OF INFORMATION
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.
INTELLECTUAL PROPERTY RIGHTS
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.
COLLECTION OF PERSONAL INFORMATION
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.
LIMITATION OF LIABILITY
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.
EXCLUSION OF WARRANTIES AND REPRESENTATIONS
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.
SUCCESSORS AND ASSIGNS
15.1 These Terms shall inure for the benefit of and be binding upon our and your successors and assigns.
VIOLATION OF TERMS
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.
INTERPRETATION AND MISCELLANEOUS PROVISIONS
18.1 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.
18.2 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.
19.1 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.
HOW TO CONTACT US