Terms & Conditions
This website is operated by Sandwich Chefs. Throughout the site, the terms “we”, “us” and “our” refer to Sandwich Chefs (ABN 44 105 219 378). Sandwich Chefs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Online store terms
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
You must not do or attempt to do anything that is unlawful; prohibited by any laws applicable on our site which we would consider inappropriate, or which might disregard our site including (but not limited to):
- Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information with their consent) or any other legal rights;
- Using our Website to threaten, harass or deprecate any person;
- Interfering with any user on our website;
- Transmitting any worms or viruses or any code of a destructive nature onto our site;
- Using our website to send unsolicited email messages or assisting a third party to do so.
You are prohibited to use our site, including all content, in any way that competes with our business.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Our content does not take into account your specific needs, objectives or circumstances.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or services
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sandwich Chefs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Sandwich Chefs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service)
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Changes to terms of service
Competition Terms & Conditions
Scratch and Win Competition “Win a Trip for 2 to New York”
1) Information on how to enter forms part of the terms and conditions of entry. A customer signing up to Sandwich Chefs database during the Promotion Period is deemed acceptance of these terms and conditions. Headings in this document are included for ease of reference, and do not affect interpretation in any way;
2) The promoter is PNF Management Pty Ltd (ABN 44 105 219 378 /ACN 105 219 378) of Suite 1, Level 11, 636 St Kilda Rd Melbourne, 3004. (Promoter)
3) By entering, entrants accept these Terms & Conditions. These Terms & Conditions may be amended or replaced from time to time; entrants should check the Promoter’s website for the latest version;
4) If there is any inconsistency between these Terms & Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.
5) All references to time in this document are a reference to the local time in Melbourne, Victoria, Australia on the date stated. The promotion commences at 8:00am on Monday the 9th September 2019 and closes at 5pm on 3rd November 2019. (Promotion Period).
Eligibility to enter
6) Entry is open only to residents of Victoria, New South Wales, South Australia and Queensland who are aged 18 years or older. (Eligible Entrants), excluding directors, management, employees and their immediate families of the Promoter and its related bodies.
Entry into the promotion and Scratch & Win
7) To enter, Eligible Entrants must:
1. Spend a minimum of $9.90 any participating Sandwich Chefs store. Each transaction gives the Entrant one instant win scratch card and one chance to enter the major prize draw.
2. Entrant will be given an instant win scratch card at time of purchase with each transaction.
3. Entrants must scratch the panel to reveal their instant win prize to be redeemed at any participating Sandwich Chefs store.
4. Entrant can enter the major prize draw by visiting the website printed on the card (sandwichchefs.com.au/win) follow the prompts and submit their details including (but not limited to) full name, email, post code and telephone number to go into the draw to win a trip for two to New York. To double chances of winning the major prize, entrants can enter their receipt number in the specified field on the digital entry form, this can ONLY be completed at the original time of entry. No minimum purchase required for online entries.
8) The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider and must be borne by the Entrant;
9) The entrant must be signed up to the Sandwich Chefs newsletter at the time of the Draw;
10) The Promoter is not responsible for any lost, late or misdirected entries;
11) Entrants may only enter major draw once. With every transaction over $9.90, customers will receive an instant scratch card and instant prize to redeem in store only.
12) The time of entry will be deemed to be the time the entry is received by the Promoter;
13) The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Drawing of entries
14) The draw will take place at 12pm on 4thth of November 2019 at PNF Management Pty Ltd Suite 1, Level 11, 636 St Kilda Rd Melbourne, 3004. The draw will be conducted by the Promoter or other company as applicable (Drawer);
15) The result of the draw is final, and no correspondence will be entered into.
16) The maximum total prize value is AUD $7,000, based on the recommended retail value at the time of printing. The Promoter accepts no responsibility for any variation in the value of the prizes;
17) The prize consists of return economy airfares for two people from winner’s closest International Airport to New York and 6 night’s accommodation;
18) The prize does not include travel insurance, passports, visas, meals (unless specified), taxes not included in the price of the ticket, ground transportation or any other costs of a personal nature unless where specified;
19) The prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A prize cannot be transferred to any other person, unless
agreed to by the Promoter. It is a condition of accepting a prize that the winner accept the conditions of use of that prize;
20) If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
Notification of the winner
21) The winners will be notified by phone and email by 6th November 2019 and their name will be published on the Sandwich Chef website within seven days of the draw.
Right of the Promoter to redraw
22) The Promoter reserves the right to redraw in the event of an entrant being unable to satisfy these promotion terms and conditions or forfeiting or not claiming a prize. For any prize that remains unclaimed at 2pm of the 10th November 2019 a second draw will be conducted by the Drawer on 11th November at the same time and place as the original draw, subject to any written direction given under applicable law. Any winners determined in accordance with clause will be notified by phone and email by 12th February 2019 and their name will be published on the Sandwich Chefs website within seven days of the draw.
Limitation of liability and variation of terms
23) If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations. The Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion;
24) The Promoter, its related bodies corporate and their respective officers, employees, contractors and agents (Promotion Parties) will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this promotion, the promotion of this promotion or the use of any prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties;
25) The exclusion of liability in clause 23 does not apply to limit or exclude liability:
a) for personal injury or death suffered or sustained in connection with the supply of goods or services which are supplied by the Promoter in the ordinary course of business. To remove doubt: third party goods or services, which other than in
connection with this promotion, are in the normal course of business supplied by a third party unrelated to the Promotion Parties, are not supplied by the Promoter in the ordinary course of business; and the Promoter’s Conditions of Carriage and general booking conditions (and any exclusions contained therein) apply despite any statement to the contrary in these terms and conditions; or
b) to the extent it is not permissible at law to limit or exclude liability in the manner contemplated in that clause (in which case that liability is limited to the maximum extent allowable by law).
Entry details and privacy
26) Entry details remain the property of the Promoter.
27) The name and photograph of the winner may be used for promotional purposes by the Promoter, unless the winner otherwise notifies the Promoter at the time of accepting the prize. An entrant also agrees that the Promoter may, in the event the entrant is a winner, publish or cause to be published the entrant’s name and locality in any media.
28) Entrants consent to the Promoter using personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes (including to any applicable statutory authorities) and to conduct marketing activities. Without limiting the foregoing, entrants’ personal information provided in connection with this promotion will be handled in accordance with the Promoter’s Privacy Statement, a copy of which is available at www.sandwichchefs.com.au
29) The Promoter collects and stores Personal Information about an entrant on its databases to include the entrant in a promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the entrant cannot enter the promotion and is deemed ineligible. The Promoter may disclose entrant’s personal information to its Australian related companies, promotional partners, contractors and agents to assist in conducting the Promotion or communicating with entrants.
30) The Promoter may share information with trusted third parties who may contact the entrant with special offers in this way where the entrant has provided their consent at the time of entry. By registering in the promotion, an entrant acknowledges and agrees that the Promoter may use the entrant’s Personal Information in the manner set out in this condition.
31) Permit/licence numbers South Australia and New South Wales
SA Licence No. T19/1315
NSW Permit No. LTPS/19/37014
32) The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Independent financial advice should be sought.
Eligible Entrants: must be 18 years or older and residents of VIC, NSW, QLD or SA. $9.90 minimum spend to receive scratch card, strictly 1 scratch card per transaction. Participating stores only, subject to availability. Opens 9/9/19 at 9am, closes 3/11/19 at 5pm. New York Trip for 2 Winners notified via email by 12pm 6/11/19 and published on our website. Trip valued at up to $7000, includes flights & accommodation to New York. The promoter is PNF Management (ABN: 44 105 219 378) of Suite 1, Level 11, 636 St Kilda Road, Melbourne, 3004. Full terms, conditions and permits can be found at www.sandwichchefs.com.au.au
SA Licence No: T19/1315
NSW Permit No. LTPS/19/37014
Promotion runs from September 9th 2019 to November 3, 2019 Terms & Conditions apply.
Instant Scratch Prizes Terms & Conditions
Free Crackle Cup
Offer only valid upon surrendering valid instant scratch card in store only. Receive one free crackle cup. Scratch card strictly valid for single use and can only be redeemed in one transaction. Only valid at participating Sandwich Chefs locations. Subject to availability. Not valid in conjunction with any other offer. Subject to change without notice at any moment. Valid until November 4th, 2019.
$1 off any purchase
Offer only valid upon surrendering valid instant scratch card in store only. Receive $1.00 off any full priced purchase. Scratch card strictly valid for single use and can only be redeemed in one transaction. Only valid at participating Sandwich Chefs locations. Subject to availability. Not valid in conjunction with any other offer. Subject to change without notice at any moment. Valid until November 4th, 2019.
$2 off any purchase
Offer only valid upon surrendering valid instant scratch card in store only. Receive $2.00 off any full priced purchase. Scratch card strictly valid for single use and can only be redeemed in one transaction. Only valid at participating Sandwich Chefs locations. Subject to availability. Not valid in conjunction with any other offer. Subject to change without notice at any moment. Valid until November 4th, 2019.
$5 Off Large Roast Meal
Offer only valid upon surrendering valid instant scratch card in store only. Receive $5.00 off a full priced large roast meal. Scratch card strictly valid for single use and can only be redeemed in one transaction. Only valid at participating Sandwich Chefs locations. Subject to availability. Not valid in conjunction with any other offer. Subject to change without notice at any moment. Valid until November 4th, 2019.
Free Small Coffee
Offer only valid upon surrendering valid instant scratch card in store only. Receive one free small coffee. Scratch card strictly valid for single use and can only be redeemed in one transaction. Only valid at participating Sandwich Chefs locations. Subject to availability. Not
valid in conjunction with any other offer. Subject to change without notice at any moment. Valid until November 4th, 2019.
Offer only valid upon surrendering valid instant scratch card in store only. Receive any drink up to 600ml for $2 (select range). Scratch card strictly valid for single use and can only be redeemed in one transaction. Only valid at participating Sandwich Chefs locations. Subject to availability. Not valid in conjunction with any other offer. Subject to change without notice at any moment. Valid until November 4th, 2019.
2-4-1 roast Roll
Offer only valid upon surrendering valid instant scratch card in store only. Must purchase one roast roll at full price to receive second roast roll free. Scratch card strictly valid for single use and can only be redeemed in one transaction. Only valid at participating Sandwich Chefs locations. Subject to availability. Not valid in conjunction with any other offer. Subject to change without notice at any moment. November 4th, 2019.
Free Small Juice
Offer only valid upon surrendering valid instant scratch card in store only. Receive one free small juice. Scratch card strictly valid for single use and can only be redeemed in one transaction. Only valid at participating Sandwich Chefs locations. Subject to availability. Not valid in conjunction with any other offer. Subject to change without notice at any moment. Valid until November 4th, 2019.