These Terms & Conditions of Use govern your use of the Western Food Group Pty Ltd trading as The Bunker Café Bar Restaurant (The Bunker)’s website and applications, including online ordering. References to ‘website’ include the following (as appropriate): https://thebunker.au or any other site, services (including web-services), software, application or media managed by The Bunker. Your use of The Bunker website constitutes your acceptance of these Terms & Conditions of Use.
Subject to law, The Bunker may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. The Bunker recommends you carefully read, each time you visit the website, the Terms & Conditions of Use as they may affect your rights.
We respectfully advise that The Bunker has a zero tolerance approach to all forms of abuse, violence, harassment and hostility, including in person and via written and telephone communications.
If you do not agree with the Terms & Conditions of Use, do not use the website or order online or over the phone.
PRIVACY POLICY
The Bunker Privacy Policy forms part of the Terms & Conditions of Use.
THE WEBSITE
These Terms & Conditions of Use apply to all users of The Bunker website. The Bunker website may include content, information or links to third parties or third party websites. By accepting these Terms & Conditions of Use you agree to hold harmless and relieve The Bunker from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
The Bunker recommends that before you disclose any personal information to a third party that you first read and accept the third party’s privacy policy and terms and conditions of use (if applicable) of their website.
YOUR ACCESS TO THE WEBSITE
The Bunker hereby provides its permission for you to access its website in accordance with these Terms & Conditions of Use, provided that (1) your use of the website is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose, and (3) you will otherwise comply with the Term & Conditions of Use.
You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with The Bunker website, online ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers” and the like.
Notwithstanding the foregoing, The Bunker grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Bunker reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information from the website or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the website with respect to their submissions to the website.
reCAPTCHA
We use reCAPTCHA from Google to help protect our website and applications from spam and abuse, and to help keep our customers’ online ordering accounts safe from fraudulent activity. reCAPTCHA may ask online ordering customers to click a checkbox or solve a challenge to ensure that a real person is logging into a The Bunker online ordering account and placing an order. Use of reCAPTCHA is subject to the terms and conditions and privacy policy available on Google’s website.
INTELLECTUAL PROPERTY RIGHTS
The text, graphics and The Bunker HTML code (including JavaScript) contained in the website are the exclusive property of The Bunker, its affiliates or related entities.
Except where otherwise noted, the text, graphics and HTML code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of The Bunker.
The website may link to sites not maintained by or related to The Bunker. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or The Bunker. The Bunker has not reviewed the sites hyper-linked to or from this website and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. The Bunker makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, The Bunker does not implicitly endorse third-party sites hyper-linked to this website.
The content on The Bunker website, including, without limitation, the text, software, scripts, graphics, photos, images, concepts, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to The Bunker, subject to copyright and other intellectual property rights under Australian laws (as applicable) and international conventions. Content on the website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Bunker reserves all rights not expressly granted in and to the website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. 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 use of the website or the Content therein.
SUNDAY AND PUBLIC HOLIDAY SURCHARGE
A surcharge of 10% will apply to all customer orders on a Sunday.
A surcharge of either 15% or 20% will apply to all customer orders on public holidays (excluding Christmas Day). The public holiday surcharge varies between stores.
A surcharge 20% will apply to all customer orders on Christmas Day.
If a public holiday or Christmas Day falls on a Sunday, the relevant public holiday or Christmas Day surcharge for each store (as outlined above) will apply.
REFUNDS
If you did not love your meal then please let us know. We will work with you to make sure that your next experience with us is a great one! Please note that any orders paid for in store by cash or EFTPOS need to be refunded by the relevant store directly.
Please be aware that while we do everything from our end to complete this refund as soon as possible, it may take up to 10 business days for the refund to be processed, depending on your financial institution and the transaction type (ie Credit card, Paypal).
To help us be better, we need your feedback, so please, let us know what you think.
ONLINE ORDERING VIA THE WEBSITE, APPLICATIONS AND PHONE ORDERING
If the website, application or an electronic device is used (including for online or Phone ordering), you are responsible for maintaining the confidentiality of your personal details, password (if applicable) and payment details. You acknowledge that when you access the website or an application as a registered member, you may remain logged in to the website or application even after closing the internet browser or application (unless you log-out prior to leaving the website/application, or you erase or block Cookies from the electronic device used to access the website (refer to our Privacy Policy for more information on Cookies)). Where an online order is placed using a smartwatch, your session will time out after 60 minutes of inactivity (provided that you have not selected the ‘keep me logged in’ option on your registered online account).
Therefore, if you sign into your The Bunker Online Ordering account on a shared computer (e.g. a public computer at a university or a library) and do not sign out, someone else who uses that computer after you may be able to access your The Bunker Online Ordering account. We therefore advise that you log out of all services when you have finished using a public computer.
Where you access your The Bunker Online Ordering account using a mobile device (e.g. a phone or tablet), you should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your The Bunker Online Ordering account(s) or any External Account that you have used to create a The Bunker Online Ordering account.
You agree to accept full responsibility for all your activities on our website and applications (including for online ordering). You also acknowledge full responsibility for your use of Phone ordering. You further acknowledge that you are fully responsible for the activities of any individual who accesses our website or applications (including for online ordering) or places any phone order, using an electronic device which remains logged in to, or associated with, your registered account. If you order online, we may send you an email or SMS confirming the details of your order. The confirmation email or SMS will not constitute a tax invoice. The Bunker online or Phone ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. The Bunker reserves the right to refuse service, terminate your access to the website or online or Phone ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.
In making The Bunker online and Phone ordering system (website and applications) available for use, The Bunker:
merely acts as an agent of venues from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address);
in its capacity as agent, collects and processes any online payments and remits this amount to the store from which the products or services are provided;
makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
does not guarantee that the website, applications and online or Phone ordering system will be error-free or that any errors will be corrected. The Bunker does not guarantee that the website, applications or online or Phone ordering system will be free from viruses or other harmful components and you agree to hold harmless The Bunker from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering; and
reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
In using The Bunker online or Phone ordering system (whether via the website, an application or electronic device) you:
acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;
and
indemnify The Bunker from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.
Steps we can take against your The Bunker Online Ordering Account
If:
you breach any of these Terms and Conditions of Use or do anything else in connection with your The Bunker Online Ordering Account that is not allowed or creates possible legal risk for us;
we think that your password or account has been compromised;
your The Bunker Online Ordering Account remains inactive for an extended period of time (to be determined in our sole discretion),
we may choose to take one or more of the following steps against your The Bunker Online Ordering Account:
suspend access to your The Bunker Online Ordering Account;
cancel your The Bunker Online Ordering Account; and/or
ban you from creating a new The Bunker Online Ordering Account in the future.
The Bunker is not required to provide you with prior notice of any step(s) that it intends to take.
PAYMENT OPTIONS
When a customer pays in store, The Bunker stores accept cash payments (in Australian currency) and credit and debit EFTPOS payments in store.
The Bunker online ordering portal accepts pre-payment by selected credit cards and PayPal.
Phone ordering
If you place an order using our Phone ordering system, you acknowledge and agree that:
The Bunker completely relies on infrastructure and systems provided by external telecommunication providers in order to receive and send any communication relating to phone orders; and
The Bunker is not responsible for any communications relating to phone orders which are delayed or lost due to service faults outside of The Bunker control.
Allergen-free products
The Bunker stores will endeavour to provide allergen-free products if requested by you, but traces of allergens may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that your order will be 100% allergen free.
Subject to law, The Bunker will not be liable for any costs, fees, claims, damages or charges whatsoever, including medical and dental costs, if a customer has any adverse reaction to a product sold through a The Bunker store, including dental damage and any other adverse reaction caused by objects that can reasonably be anticipated to be in food, such as but not limited to gluten, olive pits in olives, bones in chicken, fish, seafood and meat, or shells on prawns.
Vegan products
The Bunker stores will endeavour to provide vegan products if requested by you, but traces of meat and dairy products may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that all vegan products will be 100% free from animal products.
Vegetarian products
The Bunker stores will endeavour to provide meat free products if requested by you, but traces of meat may be unintentionally present in food due to cross-contamination during store operations. We cannot guarantee that all vegetarian products will be 100% meat free.
Changes to terms and conditions
We reserve the right to change any of the terms contained in these terms and conditions at any time where the change is required for any reason, without prior notice.
THIRD PARTY ORDERING APPLICATIONS
The Bunker may, from time to time, enable customers to order a range of The Bunker menu items through third party ordering applications, at selected stores only. When ordering through such third party ordering applications, you acknowledge and agree that:
The Bunker does not control the third party ordering application and The Bunker does not assume any responsibility or liability for the availability of the application, or the actions, products, services and content of any third party ordering application.
You should carefully review each third party’s privacy policies and terms and conditions of use. If you choose to purchase goods or services from a third party, then you are entering a separate agreement with that third party.
In order to use the third party ordering application, you may be required to create an account through that third party. The administration and management of such an account is managed by that third party and as such you must direct all queries and notification to that third party. If You believe someone has access to your account, You must notify that third party immediately. Failure to do so may result in You incurring charges for orders that are processed using your account and The Bunker is under no obligation to refund any such amounts.
In making The Bunker menu items available through a third party ordering application, The Bunker:
merely acts as an agent of sub-franchisee stores from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address);
in its capacity as agent, collects and processes any online payments and remits this amount to the store from which the products or services are provided;
does not (except where you order from a The Bunker corporate store) provide you with any goods or services;
makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
The Bunker may, in its sole discretion, refuse or cancel any order placed through a third party ordering application for any reason, without explanation to You.
The Bunker have not made any representations or warranties that the third party ordering application will be error free, free of viruses or available without interruption.
The Bunker full range of menu items may not be available through third party ordering applications. The selection of available menu items will be subject to change from time to time.
Any promotional codes, vouchers, offers, loyalty programs or other marketing promotions offered by The Bunker will not be available or applied when ordering through a third party ordering application.
To the maximum extent permitted by law, The Bunker will not be liable for any loss or damage incurred by You or by any other person whether directly or indirectly in relation to your use of a third party ordering application.
In order to fulfil your order, The Bunker will be required to collect certain personal information and date from you. The nature of the personal information and data that we collect, including information regarding the manner in which we may use and disclose such personal information and data, is set out in our Privacy Policy.
LIMITATION OF LIABILITY
To the extent permitted by law, The Bunker liability in relation to any product or service purchased as a consequence of your use of this website is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to The Bunker for the product or service.
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 & Conditions of Use, for failure to observe or perform any of our obligations under these Terms and Conditions of Use for any reason or cause except if caused by our gross negligence. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.
INDEMNITY
You agree to defend, indemnify and hold harmless The Bunker, Western Food Group Pty Ltd and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the website (including any online ordering and applications); (ii) your violation of any term of these Terms & Conditions of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by The Bunker.
ABILITY TO ACCEPT TERMS & CONDITIONS OF USE
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions of Use, and to abide by and comply with these Terms & Conditions of Use.
GENERAL
These Terms & Conditions of Use shall be governed by the laws of New South Wales, Australia. Any claim or dispute between you and The Bunker that arises in whole or in part from The Bunker website shall be decided exclusively by a court of competent jurisdiction located in Sydney, NSW. These Terms & Conditions of Use, together with The Bunker website Privacy Policy and any other legal notices published by The Bunker on the website, shall constitute the entire agreement between you and The Bunker concerning the website.
If any provision of these Terms & Conditions of Service or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Service and/or Privacy Policy as applicable, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by The Bunker to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision.