• 2Quench Cafe – AUSTRALIA
  • Last Updated: 19 July, 2020

The terms and conditions govern your use of 2Quench Cafe website and applications which also includes the use of online ordering. References to website include the following (but is not limited to): https://www.2quench.com, services (including web-services), software, application or media managed by 2Quench. Your use of 2Quench cafe’s Website constitutes your acceptance of these Terms and Conditions.

Subject to the law, 2Quench’s may, in its discretion, from time to time, amend or otherwise modify the terms and conditions. 2Quench’s recommends you carefully read the terms and conditions each time you visit our website, as the terms and conditions may affect your rights.

If you disagree with our terms and conditions, do not use the website, our online ordering system or any other service we provide online.

Privacy Policy

2Quench’s Privacy Policy forms part of the terms and conditions and can be found following the link below:

https://www.2quench.com/privacy-policy

The Website

These terms and conditions apply to all users of 2Quench Cafe website. 2Quench Cafe website may include content, information or links to third party or third-party websites. By accepting these terms and conditions, you agree to hold harmless and relieve 2Quench Cafe from any liability whatsoever arising from your use of information from a third-party website.

2Quench Cafe 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) from their website.

Your access to the Website

2Quench Cafe with this 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 2Quench Cafe website, online ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers” and other. Notwithstanding the preceding, 2Quench Cafe 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. 2Quench Cafe 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.

Intellectual Property Rights

The website contains many valuable trademarks owned and used by 2Quench Cafe and its subsidiaries, Master Franchisor, affiliates and related entities throughout the world. These trademarks are used to distinguish 2Quench Cafe quality products and services. These trademarks and similar proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of 2Quench Cafe.

The text, graphics and 2Quench Cafe html/php code (including flash files and java script) contained in the website are the exclusive property of 2Quench Cafe, 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 2Quench Cafe.

The website may link to sites not maintained by or related to 2Quench Cafe. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or 2Quench Cafe. 2Quench Cafe 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. 2Quench Cafe makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, 2Quench Cafe does not implicitly endorse third-party sites hyper- linked to this website.

The content on the 2Quench Cafe website, except all User Submissions (as defined below), 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 2Quench Cafe, 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. 2Quench Cafe 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, including any use, copying, or distribution of User Submissions 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. 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.

User Submissions

2Quench Cafe website, application/s or software may now or in the future permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Once the User Submissions are submitted to our website or through social media managed by 2Quench Cafe, the submissions become property of 2Quench Cafe. You understand that whether or not such User Submissions are published on the website. 2Quench Cafe does not guarantee any confidentiality with respect to any submissions. You agree that 2Quench Cafe may publish your name and submissions on the 2Quench Cafe website. 2Quench Cafe-managed social media, advertising, print material or in any other press releases of media items.

In connection with your own User Submissions, you affirm, represent and warrant that:

  1. You own or have the necessary licenses, rights, consents and permissions to use and authorise 2Quench Cafe to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and Terms & Conditions of Use; and
  2. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission 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  2Quench Cafe.  By submitting the User Submissions to  2Quench Cafe, you hereby grant  2Quench Cafe a  perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and the 2Quench Cafe business, including without limitation for promoting and redistributing all or part of the website (and any derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the website under these Terms & Conditions of Use; and
    1. In connection with your User Submissions, you agree that you will not
      1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant 2Quench Cafe all of the license rights granted herein;
      2. publish falsehoods or misrepresentations that could damage 2Quench Cafe or any third party;
      3. submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
      4. post advertisements or solicitations of business:
      5. impersonate another person.

2Quench Cafe does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and 2Quench Cafe expressly disclaims any and all liability in connection with User Submissions. 2Quench Cafe does not permit copyright infringing activities and infringement of intellectual property rights on its website, and 2Quench Cafe will block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. 2Quench Cafe reserves the right to remove content and User Submissions without prior notice.

2Quench Cafe may also terminate, without notice, a user’s access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. 2Quench Cafe also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. 2Quench Cafe may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms & Conditions of Use at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.

Delivery Surcharge

2Quench Cafe operates in defined geographic territory boundaries. 2Quench Cafe endeavours to offer delivery to all customers, however this is not always possible due to geographical or access constraints. If you live in delivery region you will be notified of this during your online order and you can choose whether to have your order delivered, and such delivery will attract a surcharge of $5.00 – $15.00 depend on distance from shipping location. A minimum order spend of $30.00 (AU) applies to all delivery orders. 2Quench Cafe provides team members wages that are among the highest in the industry, including penalty rates as per the Restaurant Industry Award (Modern Award). 2Quench Cafe will not be liable to you for any loss or damage (whether direct, indirect or consequential) as a result of a change in a store’s delivery boundaries.

 

Refunds

If you did not love your meal, then please let us know within 24 hours. We will replace or refund your order and make sure that your next experience with us is a great one!

Please be aware that while we do everything from our end to complete this refund as soon as possible, it may take up to 3-10 business days for the refund to be processed, depending on your financial institution and the transaction type (ie Credit card, Debit card, Paypal).

After 24 hours it would be difficult to trace down the issue and 2Quench Cafe will not be responsible for refund.

To help us be better, we need your feedback, so please, let us know what you think. Australia: Call 02-42857970 or write email to eat@2quench.com

Online Ordering via the website, Applications ordering

If the website, application or an electronic device is used (including for online 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 2Quench Cafe Online Ordering account via your email address or an External Account (such as Facebook, Google or PayPal), 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 2Quench Cafe 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 2Quench Cafe 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 2Quench Cafe Online

Ordering account(s) or any External Account that you have used to create a 2Quench Cafe Online Ordering account.

You agree to accept full responsibility for all your activities on our website and applications (including for online 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) 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 confirming the details of your order. If you download any of our mobile applications you will receive notifications, if your smart device settings enable you to do so. The confirmation email will not constitute a tax invoice. The 2Quench Cafe online 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. 2Quench Cafe reserves the right to refuse service, terminate your access to the website or online ordering remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.

In making the 2Quench Cafe online ordering system (website and applications) available for use, 2Quench Cafe:

    1. Makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
    2. Does not guarantee that the website, applications and online ordering system will be error-free or that any errors will be corrected. 2Quench Cafe does not guarantee that the website, applications or online ordering system will be free from viruses or other harmful components and you agree to hold harmless 2Quench Cafe 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
    3. Reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

In using 2Quench Cafe online ordering system (whether via the website, an application or electronic device) you:

    1. Acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices; and
    2. Acknowledge that you contract with the individual store from which you order and not 2Quench Cafe (except where you order from a 2Quench Cafe owned store) and therefore you have no claim, recourse or action against 2Quench Cafe whatsoever (except where you order from a 2Quench Cafe owned store; and
    3. Indemnify 2Quench Cafe from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.

Steps we can take against your 2Quench Cafe Online Ordering Account

If:

    1. You breach any of these Terms and Conditions of Use or do anything else in connection with your 2Quench Cafe Online Ordering Account that is not allowed or creates possible legal risk for us;
    2. We think that your password or account has been compromised.
    3. Your 2Quench Cafe 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 2Quench Cafe Online Ordering Account:

    1. Suspend access to your 2Quench Cafe Online Ordering Account.
    2. Cancel your 2Quench Cafe Online Ordering Account; and/or
    3. Ban you from creating a new 2Quench Cafe Online Ordering Account in the future. 2Quench Cafe is not required to provide you with prior notice of any step(s) that it intends to take.

Today’s Special Sale 

    1. All special sale deal price are for online order only i.e. no phone or over counter.
    2. Items(product/s) in deal are set menu and cannot be change. Please select accordingly.

eGift Vouchers

Most 2Quench Cafe eGift vouchers and Coupon contain a code which can be redeemed via the 2Quench Cafe online ordering system. Please note that 2Quench Cafe voucher codes are single use codes and are only valid for redemption online; Coupons will not be valid for orders placed in a 2Quench Cafe Restaurant over the phone or in person. Voucher codes are not redeemable for cash or transferable.

2Quench Cafe reserves the right, in its sole discretion, to cancel any voucher code, or refuse to honour any voucher code (including after it has been redeemed by a customer), if 2Quench Cafe suspects that the voucher code has been fraudulently generated and/or circulated without 2Quench Cafe authorisation.

2Quench Cafe Online Members

By joining 2Quench Cafe online, members will receive marketing communication by email in addition to service messages related to your participation in 2Quench Cafe online members.

Online Members may also receive reward coupon code, which they can redeem for their next online order.

Online Member may also receive Birthday emails. To activate this discount coupon, you will have to bring a proof of age ID (which shows your DOB) as well as show us the email that you have received from us and you will have to book a table in advance, via online or over the phone.

REWARDS / POINTS

    • At its sole discretion, 2Quench Cafe may update a member account with a reward as a consequence of a purchasing behaviour, incentive and/or promotional activities.
    • 2Quench Cafe will notify the member via email of their entitlement to any rewards.
    • 2Quench Cafe reserves the right to withdraw, cancel or vary the rewards without prior notice and at any time.
    • Rewards cannot be sold, transferred or assigned and are not redeemable for cash or any other like cheques and credit notes.
    • Rewards can only be redeemed at 2Quench Cafe website (https://2quench.com); 2Quench Cafe does not ship outside Australia.
    • 2Quench Cafe reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed using rewards.
    • Rewards cannot be earned using other Rewards as part of the transaction.
    • If a membership is terminated from the 2Quench Cafe loyalty(Award/Points) program, all outstanding and future rewards will no longer be valid and will be rendered null and void.
    • Rewards can take up to 24 hours before they are available for redemption.
    • All rewards have an expiry date and at which point they will no longer be available for redemption. 2Quench Cafe reserves the right to change the expiry date of any reward at any time without prior notice.
    • 2Quench Cafe will not be held responsible or liable if rewards are not able to be redeemed for whatever reason but specifically, in the case of a technical failure of software or hardware or an EFTPOS malfunction.
    • Rewards can only be redeemed once.
    • 2Quench Cafe cannot apply reward on a purchase where the payment has been finalized. Member of the 2Quench Cafe loyalty (Award/Points) program must redeem reward(s) before they complete their payment.
    • 2Quench Cafe cannot redeem members’ rewards on behalf of its members.
    • Returns: If the member wishes to return a purchase that has previously earned a reward, 2Quench Cafe will process the return and forfeit any loyalty rewards earned on the initial transaction purchase.
    • Exchanges: If the member wishes to exchange a purchase that has previously earned a reward, and the exchange is for a product of lesser value than the initial purchase, 2Quench Cafe will forfeit any loyalty rewards earned on the initial transaction purchase.

Allergen-free, Gluten free, vegan, vegetarian (not limited too) Products

2Quench Cafe will endeavour in providing request for certain type of food (e.g. Gluten free, Vegan etc.) We cannot guarantee that this will be taken care off at all times, especially during the busy period.

Please consider this information carefully.

Subject to law, 2Quench Cafe will not be liable for any costs, fees, claims, damages, charges whatsoever, including medical and dental costs, if a customer has any adverse reaction (including dental damage) to a product sold through a 2Quench Cafe.

Currencies we accept

We accept AUD (Australian Dollar) only and is inclusive of GST.

Cards we accept

We accept VISA, MC and AMEX cards (with Minimum amount of $15 AUD).

LIMITATION OF LIABILITY

To the extent permitted by law, 2Quench Cafe 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 2Quench Cafe 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 2Quench Cafe 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 2Quench Cafe.

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 2Quench Cafe that arises in whole or in part from the 2Quench Cafe website shall be decided exclusively by a court of competent jurisdiction located in Wollongong, New South Wales. These Terms & Conditions of Use, together with the 2Quench Cafe website Privacy Policy and any other legal notices published by 2Quench Cafe on the website, shall constitute the entire agreement between you and 2Quench Cafe 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 2Quench Cafe to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision.

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