Terms & Conditions

Updated:27/Sept./2021

 

Terms and Conditions

The terms and conditions govern your use of Manjot’s heat and eat website and applications which also includes the use of online ordering. References to the website include the following (but is not limited to): https://heateat.com.au, services (including web – services), software, application or media managed by Manjot/Manjit’s. Your use of Manjot’s heat and eat website constitutes your acceptance of these terms and conditions.

Subject to the law, Manjot may, in its direction, from time to time, amend or otherwise modify the terms and conditions, without notice. Manjot’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, or our online ordering system.

Privacy Policy

Manjot’s Heat and Eat Privacy policy forms part of the terms and conditions and can be found on: https://heateat.com.au/privacy-policy

The Website

These terms and conditions apply to all users of the website (heateat.com.au). Manjot’s website may include content, information or links to third-party or third-party websites. By accepting these terms and conditions, you also agree to hold harmless and relieve Manjot’s from any liability whatsoever arising from your use of information from a third party website.

Manjot’s 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

Manjot’s with this provides its permission for you to access its website in accordance with these Terms and 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 and Conditions of Use.

You agree not to use our launch, or cause to be used or launched, any automated system or program in connection with Manjot’s website, online orderings, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers” and other. Notwithstanding the preceding, Manjot 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. Manjot’s 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 to 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 Manjot’s and its subsidiaries, Master Franchisor, affiliates and related entities throughout the world. These trademarks are used and similar proprietary properties are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Manjot’s.

The text, graphics and Manjot’s HTML/PHP code (including flash files and javascript) contained in the website are the exclusive property of Manjot’s, 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 Manjot’s.

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

The content on Manjot’s 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 Manjot’s, 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. Manjot’s 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 submission 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

Manjot’s 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 Manjot’s, the submissions become the property of Manjot’s. You understand that whether or not such User Submissions are published on the website. Manjot’s does not guarantee any confidentiality with respect to any submissions. You agree that Manjot’s may publish your name and submissions on the website. Manjot’s 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 Manjot’s to use all patent, trademark, 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 and 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 to become the property of Manjot’s. By submitting the user submissions to Manjot’s you hereby grant Manjot’s a perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivate words of, display and perform the User Submissions in connection with the website and Manjot’s 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 and conditions of use; and
  3. In connection with your User submissions, you agree that you will not (i) 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 Manjot’s all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Manjot’s or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethically offensive or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person.

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

Manjot’s 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. Manjot’s also reserves the right to decide whether content or a user submission is appropriate and complies with these Terms and 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. Manjot’s may remove such user submission and/or terminate a user’s access for uploading such material in violation of these Terms and 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 links to yours user submissions to individuals with who you are not acquainted.

 

Refunds / Replace

Manjot’s does not provide refunds / replace of meals unless:

  • Seal is broken (only once delivery has been done). Photo evidence will be required for proof of broken seal for a refund/ replace of meal.
  • Something inappropriate found in the meal. Photo evidence will be required for proof.

Please be aware that we do everything from our end to make sure nothing of such happens, but if it does we require proof within the same time of delivery, for us to pass it on to the team for a check before processing on refunds or replacement of meals. Please allow up to 3 business days to process.

You will be notified via email or text message if you will receive a refund back into the nominated bank account or cash (if that is what has been provided on delivery) or if there will be a replacement meal offered. Refund and return policy can be found here:-> https://heateat.com.au/refund_returns/

Online ordering via the website

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 devices used to access the website (refer to out 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 in to your Manjot’s 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 Manjot’s 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 Online ordering account using a mobile device (e.g. a phone or tablet), you should protect the device with a password, and if you 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 Online ordering account(s) or any External Account that you have used to create a Manjot’s 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 Manjot’s 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. Manjot’s 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 online ordering system (website and applications) available for use, Manjot’s::

  1. Makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
  2. This does not guarantee that the website, applications and online ordering system will be error-free or that any errors will be corrected. Manjot’s 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 Manjot’s 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 Manjot’s online ordering system (whether via the website (www.heateat.com.au), 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 contact with the individual store from which you order and not Manjot’s (except where you order from a Manjot’s owned store) and therefore you have no claim, recourse or action against Manjot’s whatsoever (except where you order from a Manjot’s owned store); and
  3. Indemnify Manjot’s from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.

Steps we can take against your Online ordering account

If:

  1. You breach any of these Terms and Conditions of Use or do anything else in connection with your Manjot’s Online ordering account that is not allowed to create possible legal risk for us;
  2. We think that your password or account has been compromised.
  3. Your Manjot’s Online ordering account remains inactive for an extended period of time (to be determined at our sole discretion).

We may choose to take one or more of the following steps against your Manjot’s online ordering account:

  1. Suspend access to your Manjot’s online ordering account.
  2. Cancel your Manjot’s online ordering account; and/or
  3. Ban you from creating a new Manjot’s online ordering account in the future. Manjot’s is not required to provide you with prior notice of any step(s) that it intends to take.

Today special sale

  1. All special sale deal prices are for online orders only i.e. no phone orders
  2. Items (product/s) in the deal are set menu and cannot be changed. Please select accordingly.

Allergen-free, Gluten-free, Vegan, vegetarian products

Manjot’s will endeavour in providing a request for a 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, Manjot’s 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.

Limitation of liability

To the extent permitted by law, Manjot’s 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 Manjot’s 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 and 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 exclusions or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent, then our liability is limited to the extent.

Indemnity

You agree to defend, indemnify and hold harmless Manjot’s 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 debts, 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 and online ordering and applications); (ii) your violation of any term of these Terms and 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 Manjot’s.

Ability to accept terms and 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 to competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions of use, and to abide by and comply with these terms and conditions of use.

General

These terms and conditions of use shall be government by the laws of New South Wales, Australia. Any claim or dispute between you and Manjot’s that arises in whole or in part from Manjot’s website shall be decided exclusively by a court of competent jurisdiction located in Wollongong, New South Wales. These terms and conditions of use, together with Manjot’s website Privacy Policy and any other legal notices published by Manjot’s on the website, shall constitute the entire agreement between you and Manjot’s concerning website.

If any provision of these Terms and 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 and 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 and Conditions of use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Manjot’s to assert any right or provision under these Terms and Conditions of use shall not constitute a waiver of such right or provisions.