TERMS OF USE

By using this website (“Phat Kebabs and Takeaway”) and in consideration of Phat Kebabs and Takeaway providing you with access to the Website, you agree to the following terms of use (“Terms of Use”). The Terms of Use may be changed by Phat Kebabs and Takeaway without any notice. Phat Kebabs and Takeaway recommends that you carefully read the Terms of Use as they may affect your rights.

  1. Access to the Website

1.1 You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the Website or online ordering without the prior written consent of Phat Kebabs and Takeaway.
1.2 You agree not to collect or harvest any personal information provided by the Website for any commercial solicitation purposes.
1.3 You agree not to solicit for any reason whatsoever, any users of the Website with respect to the User Submissions on the Website.

  1. Copyright and Trade Marks

2.1 All intellectual property on the Website is owned by or licensed to Phat Kebabs and Takeaway (“Intellectual Property”).
2.2 The Intellectual Property includes, but is not limited to, all audio, video, design, layout, text, images, recipes, ingredients, techniques, logos and trademarks as displayed on the Website.
2.3 Except for the purposes of viewing the Website, the Intellectual Property may not be reproduced, transmitted, adapted, distributed, sold, licenced, modified, published or stored by you, unless with Phat Kebabs and Takeaway’ prior written consent.

  1. Third Party Websites

3.1 The Website may link or refer to websites which are not maintained or owned by Phat Kebabs and Takeaway (“Third Party Websites”). Phat Kebabs and Takeaway makes no representation or warranties as to the Third Party Websites and accepts no liability whatsoever in respect to (the content of) the Third Party Websites. Accessing Third Party Websites is at your own risk.

  1. Users Submissions

4.1 Phat Kebabs and Takeaway may permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions on the Website.

4.2 Once any User Submissions are submitted to the Website or through any other social media managed by Phat Kebabs and Takeaway (such as Facebook, Twitter or Instagram), the User Submissions become the property of Phat Kebabs and Takeaway.

4.3 In respect to the User Submissions, you agree and acknowledge that:

  1. a) you own the User Submissions or have the necessary licenses, rights, consents and permissions to use and authorise Phat Kebabs and Takeaway to use the User Submissions;
  2. b) you have written consent, release, and/or permission of each and every identifiable individual person in the User Submissions to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Phat Kebabs and Takeaway; and
  3. c) you indemnify Phat Kebabs and Takeaway from and against all actions, claims, demands, losses, damages, proceedings, compensation, costs, charges and expenses for which any Phat Kebabs and Takeaway may be or becomes liable in respect to the User Submissions.

4.4. Phat Kebabs and Takeaway does not guarantee any confidentiality with respect to the User Submissions.
4.5. Phat Kebabs and Takeaway may publish your name on the User Submissions.
4.6. Phat Kebabs and Takeaway does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Phat Kebabs and Takeaway expressly disclaims any and all liability in connection with User Submissions.
4.7. Phat Kebabs and Takeaway does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Phat Kebabs and Takeaway  will block and remove all content and User Submissions if properly notified that such content or User Submissions Infringes on another’s intellectual property rights.
4.8. Phat Kebabs and Takeaway reserves its right to remove content and User Submissions at its sole discretion for any reason whatsoever without prior notice.

  1. Disclaimer

5.1 Phat Kebabs and Takeaway has made every effort to ensure that the material contained on the Website is accurate and up to date, however, it may be that some material is not totally accurate or up to date. Phat Kebabs and Takeaway does not warrant the quality, accuracy and completeness of this material on the Website.

  1. Cookies

6.1 When you interact with Phat Kebabs and Takeaway by way of the Website, Phat Kebabs and Takeaway may use features of your browser to assist in recognising your computer device when re-visiting the Website or in tracking online advertising performance (“Cookies”).
6.2 You may configure your browser so that you are notified before Cookies are downloaded or so that the downloading of Cookies is disabled. You may also delete Cookies from your browser.

  1. Jurisdiction

7.1 These Terms of Use are governed by the laws of Queensland.
7.2 Any claim or dispute between you and Phat Kebabs and Takeaway that arises in whole or in part from the Website shall be decided exclusively by a court of the competent jurisdiction located in Queensland.
7.3 The Terms of Use shall constitute the entire agreement between you and Phat Kebabs and Takeaway concerning the Website.