Terms & Privacy
Terms & Conditions
Last modified: 17 March 2017 These terms and conditions (Terms) govern your use of this website www.kokoblackgrilld.com.au (Site) and any other website or application made available by Koko Black Australia Pty Ltd ACN 610 100 546. (“Koko Black”, “we”, “our” or “us”).
These Terms apply to any person who accesses this Site for any purpose. By continuing to access our Site, you agree to be bound by these Terms. If you do not agree with these Terms, or any subsequent changes, you must stop using the Site.
Purpose of the Site
We make this available to allow you to browse and view details of the products and services offered by Koko Black and its network of stores. On the Site, we may also allow you to interact with us via social media channels, submit online retail orders through our online ordering platform (see clause 3) or enter promotions (see clause 4).
Use of our Site
You’re permitted to use our Site for your own personal and non-commercial use and not to misuse it. The copyright and other intellectual property rights published on our Site are owned by us. These works are protected by copyright laws and all rights are reserved. Our Site may not be used, reproduced or stored on any other website or included in any public or private electronic retrieval system or service, without our express written permission. You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Site.
Costs or charges
You assume full responsibility for any associated costs or charges that you incur as a result of using our Site. Online Ordering Platform If you wish to use our online ordering platform, you will be bound by the #Online Ordering Terms, which are incorporated by reference into these Terms.
If you wish to participate in a promotion on the Site, you will be required to accept the #Promotion Terms for the relevant promotion, which are incorporated by reference into these Terms.
Access to this Site
We make every effort to make sure that our Site is available 24 hours a day. We are not liable if our Site is unavailable at any time or for planned maintenance or other reasons. Access may be suspended temporarily at any time and without prior notice. You’re responsible for making arrangements to access our Site. You also have responsibility for ensuring that anyone who accesses our Site through your internet connection is also aware of these Terms and that they comply with them.
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 can’t guarantee the security of your data transmitted to the Site.
Third party links
You may link to the Site as long as you do so in a fair and legal way and that will not cause damage or take advantage of our reputation. You shouldn’t link from
a website that you don’t own or that suggests a form of association with
or endorsement by us. We have the right to withdraw linking permission
at any time and for any reason.
Termination of access
We may terminate or suspend your right to access the Site immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have breached these Terms.
Although duty and care is taken to provide you, the reader, with accurate and truthful information, and countless investigations are undertaken to pick up any glitches, we cannot guarantee the accuracy of all the information we post. We do our best to ensure that in information on this Site, including product names, descriptions, prices, nutritional information and allergenic warnings are accurate, but we make no commitment to update that material. We will do our best to keep this site up to date with correct information as we don’t want any of you to be confused by anything you read or see. Understand that this is a manual process, so please realise that we may not be able to remove or edit particular parts immediately. If you find anything suspect or misleading in any way, please let us know.
To the fullest extent permitted by law, we exclude all liability arising out of your use of our Site, any information appearing on the Site, or the supply of any products or services. If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to these Terms or and permits the limitation
of liability for breach of warranty implied by statute, our liability is limited,
at our option, to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services
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 shall be subject to the exclusive jurisdiction of the Australian courts.
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.
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 or inapplicable, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.
What is your personal information?
What personal information about you does Koko Black collect or hold?
If you are a customer or prospective customer, Koko Black may collect or hold information received as a result of any dealing, transaction or interaction with you, including:
- your contact details, such as name, age or date of birth, address, phone numbers, social media identifiers and email address;
- any information you provide to us as a result of any dealing, transaction or interaction (for instance any feedback or requests for information); • details of the menu items you have purchased from us;
- any information you submit for the purposes of joining any rewards program (or participating in other promotional programs) or collected as part of the administration of any such program; or
- any information you provide to us when you place an order via our online ordering platform, including credit card or debit card details. If you are an applicant for employment, Koko Black may collect or hold information relevant to such employment, including:
- your contact details, including name, age or birth date, address, phone numbers and email address; and
- employment and other information you submit to us as part of your application for employment (which includes any information contained in any resume you provide to us). Koko Black may also collect or hold other information you have provided to us which can be used to identify you as a result of any dealing, transaction or interaction with us which is not specified above. Koko Black may also collect and hold statistical information regarding the use of our website which may include your computer’s internet protocol address and the date and time of your visit. We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website. If at any time you provide the personal information of another person to us then you must ensure that that person has read and understood this policy and separately consents to that personal information being used and disclosed by us for the above purposes.
How do we collect your personal information?
We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may also collect in other ways including:
- through your access and use of our website;
- by phone or email, or via social media;
- by registering for an online ordering account;
- by submitting online orders through our online ordering platform;
- through participation in our rewards program or other promotions; or
- when you complete an application or purchase order.
We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.
What happens if we can’t collect your personal information?
If you do not provide us with the personal information described above, some or all of the following may happen:
- we may not be able to provide you with your favourite Koko Black products and services to the same standard;
- we may not be able to accept or fulfil orders through our online ordering platform;
- we may not be able to provide you with information about products and services that you may want, including information about discounts or special promotions; or
- we may be unable to tailor the content of our website to your preferences and your experience of our websites may not be as enjoyable or useful.
What does Koko Black do with your personal information and why do we collect and hold it
We collect personal information about you so that we can perform to provide the best possible quality of customer service and give you and your fellow customers what you want.
We collect, hold, use and disclose your personal information about for the following purposes:
- to assist in providing goods and services to you;
- to assist in responding to any requests you make to us;
- to communicate promotional offers and special events;
- to process orders submitted via our online ordering platform and process payments for those orders;
- to assess the performance of the website and to improve the operation
of the website;
- for the internal administrative, marketing (including direct marketing), planning, product development, quality control and research purposes
of Koko Black and its associates;
- to process and assess applications received by us (for instance in selecting employment candidates);
- to administer any completed agreement and provide the services thereunder;
- to administer any rewards program (or such other program) which Koko Black may decide to implement; to administer any promotions or offers;
- to process and respond to any complaint made by you;
- to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country; and
- for any other purpose made known to you at the time of collection of your personal information.
Koko Black may disclose the information collected to agents and employees of Koko Black and/or their agents or employees but only for the purpose for which such information was collected.
At an y time you may opt out of receiving any communications from us (other than as required for the operation of our business, eg regarding payment of your account).
Who can we disclose your personal information to?
We may disclose your personal information to:
- our employees, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you,
and to otherwise provide products and services to you including, without limitation, third party payment providers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors
- suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and
- any organisation for any authorised purpose with your express consent.
Notification of changes
Direct marketing materials
We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing.
How can you access and correct your personal information?
you may request access to personal information we hold about you by writing to the Koko Black Privacy Officer at the address below. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it (eg emailing or mailing it to you). There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or it if would result in a breach of confidentiality.
If that happens, we will give you written reasons for any results. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
What is the process for complaining about a breach of privacy?
If you believe that your privacy has been breached, please contact our Privacy Officer using the contact information below and provide details of the incident so that we can investigate it. We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. Our Privacy Officer deals with privacy complaints and any complaints should be directed to our Privacy Officer using the contact details below. We will attempt to confirm with you, as and when it is appropriate and necessary, your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process. After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed. As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
Third party payment providers
Orders submitted through our online ordering platform must be paid for by credit or debit card via the payment facility provided at check out. This secure payment facility is provided by a third party payment gateway provider. We do not store your full credit card or debit card details. You can save your preferred payment method through your online ordering account, but our third party provider will store these details for future retrieval. You expressly consent to us sharing your personal information to any third party payment provider we engage from time to time.
Some of our third party service providers are located in countries outside of Australia (including but not limited to Asia Pacific and United States of America). Our contracts with these parties generally include an obligation for them to comply with Australian privacy law and this policy. However you acknowledge that, by agreeing to the disclosure of your Information to these entities outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas recipient's compliance with the Australian privacy law in relation to your Information and we will not be liable to you for any breach of the Australian privacy law by these overseas recipients and, on this basis, you consent to such disclosure.
Koko Black Head Office
Phone: (03) 9354 0720
Post: Level 1 – 110 Gaffney Street Coburg North, Victoria, 3051
References to “Koko Black” or “we” are references to Koko Black Australia Pty Ltd (ACN 610 100 546), Koko Black Premium Pty Ltd (ACN 610 218 383) and Koko Black IP Pty Ltd (ACN 610 218 374). Although we intend to observe this policy at all times, it is not legally binding on Koko Black in any way. From time to time we may regard it as necessary or desirable to act outside the policy. Koko Black may do so, subject only to any other applicable contractual rights you have and any statutory rights you have under the Act or other applicable legislation.