Chat Thai App User Terms of Use

App User Terms of Use

Last updated: 26th July 2017

Thank you for visiting www.chatthai.com.au (the Site). By using the Site or Chat Thai mobile smartphone platform or mobile website (the App) you agree to comply with these Terms of Use. You should read these Terms of Use carefully, and if you do not agree to them you should discontinue use of the Site and/or App.

  1. Definitions

    "Content" means promotional offers, vouchers, vouchers and information uploaded by a Retailer to the Site.

    "Voucher" means a digital ticket or document that is:

    1. worth a certain monetary value,
    2. can be exchanged for a financial discount or rebate, and
    3. which may be spent only for specific reasons or on specific goods or services.

    "Opt in" means your voluntary decision to make use of the Site or the App and receive the service.

    "Notification" means any message or contact from Chat Thai to the user.

    "Retailer" means an organisation or person who uploads Content to the Site.

    "Service" means the information and promotional offers delivery service provided through the System.

    "System" means the App, the Site and any other infrastructure through which Chat Thai makes the Service available.

    "User" (or you) means any person who uses any part of the System.

    "Chat Thai" (or us, we, our) means Chat Thai PTY LTD, Samosorn, Assamm, Boon Cafe and Jarern Chai Grocer inclusively

  2. User Conduct

    You must not:

    1. impersonate any other person while using the System,
    2. prevent any other person from using the System,
    3. hack into any part of the System,
    4. interfere with the servers or networks connected to the Site or to violate any of the procedures, policies or regulations of networks connected to the System
    5. send any unsolicited electronic messages (i.e. spam) or other advertisement or promotional material relating to Chat Thai,
    6. resell or export the software associated with the System;
    7. commit or encourage a criminal offence, or
    8. otherwise misuse the System or breach any relevant statute or rule of law.
  3. Liability

    Whilst reasonable care has been taken to ensure the information provided through the Site and the App is accurate and the opinions given are fair and reasonable, neither we nor any of our employees, to the fullest extent permitted by law, will in any way be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).

    The user indemnifies us against any loss (including consequential loss) suffered by us in relation to any third party claim or cause of action arising directly or indirectly out of the user’s use of the system or a breach of these terms and conditions.

  4. Proprietary rights in content and confidentiality

    All intellectual property in the system, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files is the property of Chat Thai and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent, except that you may print, or download to your hard drive and extract from the site solely for your own personal use.

  5. Content and right to monitor

    We do not control or endorse and are not responsible for the Content submitted by Retailers, and we have no obligation to monitor Content. However, we may:

    1. delete or remove any content that is in breach of these Terms and Conditions or the Terms and Conditions applying to any Retailer,
    2. disclose information necessary to satisfy any applicable law, regulation, legal process or governmental request, or
    3. edit, refuse to post or to remove any content. If you are dissatisfied with any Content, you should notify us and discontinue use of the App.
  6. Linking

    The Site or the App may include links to third party materials (linked sites). We will not be responsible for the contents of any linked site or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website or any association with their operators. We reserve the right to prohibit links to the Site and you agree to remove or cease any link upon our request. Further, you may not frame any part of the Site material by including advertising or other revenue generating material.

  7. Rewards

    By subscribing to the Chat Thai Rewards membership program, you agree to the Chat Thai Rewards program membership Terms and Conditions as laid out herewith and any amendments that may occur from time to time.

    Upon subscribing to Chat Thai Rewards, you authorize Chat Thai to seek access to, collect and use information about you in connection with the Chat Thai program including personal details such as name, address, gender and date of birth. All personal information gathered by your registration and during the course of your membership will be used to administer the Chat Thai Rewards program and to communicate in relation to the Chat Thai products. If you do not wish to receive marketing and promotional materials, please unsubscribe from Chat Thai communications when logged in to the member account.

    1. The Chat Thai Rewards membership is not transferrabled and may not be used by any person other than the member.
    2. The Chat Thai Rewards points and vouchers are not part redeemable.
    3. The Chat Thai Rewards points and vouchers earned or redeemed are not redeemable for cash.
    4. The Chat Thai Rewards membership remains the property of Chat Thai
    5. Chat Thai Reward points are to be expired within 12 months of inactivity from date of accrual.
    6. When you have qualified for the Chat Thai Reward Vouchers, notification of the issue of the voucher will be emailed to you.
    7. Chat Thai vouchers must be used by the expiration date indicated on the voucher. Vouchers are not transferable:
      • Welcome Voucher - 14 days from date of issue
      • Birthday Voucher - 21 days from date of issue
      • Rewards Voucher - 60 days from date of issue
    8. Only one Chat Thai voucher is permitted to be redeemed per transaction.
    9. A $30 minimum spend is required to redeem a Chat Thai voucher.
    10. Only one Chat Thai rewards membership number per transaction is permitted.
    11. A member must notify Chat Thai immediately of any change of address or of a compromised membership number.
    12. The Chat Thai Rewards are offered at the absolute discretion of Chat Thai and Chat Thai reserves the right to withdraw. cancel, vary or in any way change an individual membership or the Terms and Conditions at any time without prior notice.
    13. Chat Thai will aim to notify members of any changes but shall not be liable in any way for failure to do so.
    14. Membership is only open to individuals.
    15. Chat Thai reserves the right to cancel membership at any time without notice for any reason, including if the member fails to comply with these Terms and Conditions, supplies any misleading information, makes misrepresentation to Chat Thai or any participating store or abuses any privilege afforded to the member.
    16. A member may terminate membership any time by writing to Chat Thai via email at rewards@chatthai.com or by letter.
    17. The Chat Thai Rewards program is not available to Chat Thai staff members.
  8. Vouchers

    Where the App delivers ‘Vouchers’, you accept that the following applies:

    1. Vouchers are deemed to be redeemed at the point and time of being issued by the App;
    2. Voucher Terms & Conditions of use are set by the Retailer. We accept no responsibility for any Terms & Conditions attached to Vouchers;
    3. Period of Voucher validity is determined by the Retailer;
    4. Any limitation on the number of vouchers per customer is determined by the Retailer;
    5. We accept no responsibility for any decisions made by the Retailer relating to redemption of vouchers (this includes refusal to accept vouchers);
    6. You agree that by performing an action within the App to ‘get-a-voucher’ that the App may add the Retailer offering that Voucher to your list of favourites. This might invoke automatic notifications by the App for this Retailer. You can edit or remove the Retailer from list of Favourites at any time;
  9. Notifications

    By using the platform, you agree to receive Notifications and other communications from Chat Thai at any date or time while using the Service. Chat Thai will communicate with you by sending emails, text messages and/or smartphone notifications. Chat Thai notifications are used to inform you of new offers, order status updates, account changes, and other important information relating to your account.

  10. Orders

    All orders are subject to availability. When you place an order through Chat Thai, we will send you an email confirming your order has been received. A team member will review your order. Only after your order has been accepted, it is considered ‘In Progress’. Payment be taken from your nominated payment method after the order is accepted. You will receive a tax invoice by email as confirmation that payment has been successfully taken.

    You have the right to cancel an order at any time before the order is accepted by Chat Thai (before payment is taken from your nominated card and the tax invoice is sent). To cancel an order please call the store directly by phone. Individual store phone numbers are listed on our website at www.chatthai.com.au.

    You have 24 hours after placing your order to cancel it for a full refund. Chat Thai reserves the right to determine whether or not a refund will be given for any order cancelled after 24 hours of placement.

    Chat Thai reserves the right to cancel an order at any time. If your order is cancelled we will contact you immediately by either phone call, SMS or email to notify you of the order cancellation. Chat Thai reserves the right to determine whether a refund will be given for any order cancelled after 24 hours of placement.

    If you place a Delivery order and do not answer the door or respond to phone calls, emails or SMS’s within 10 minutes of a delivery driver reaching your nominated delivery address, we reserve the right to leave the property and not refund you for your purchase.

    If you place a Collection order and do not show up to pick up your order in-store, or do not respond to phone calls, emails or SMS’s regarding your order, we reserve the right to dispose of your order and not refund you for your purchase.

    Please ensure your contact details (delivery address, email and phone number) are correct and updated in My Profile as this is how we communicate with you about your order.

    Notes: photos are for illustrative purposes only and are not an exact representation of what will be served.

  11. Payment

    All prices listed on Chat Thai are inclusive of GST. Prices are liable to change at any time, without notice. Once your order is accepted by Chat Thai your nominated payment method will be charged for the order amount. We don’t store any credit card information on our servers. We use Stripe, a world-leading, secure and reputable payment processor. Stipe stores, decrypts and transmits your card information. You can view Stripe’s security policy at https://stripe.com/docs/security.

  12. Disclaimer

    Use of the System is at your own risk. We are not responsible for any adverse consequences arising out of the use of information contained on the Site or the App. The material provided on the Site or the App does not take into account the particular objectives, situation or needs of any individual users. You should assess whether it is appropriate in light of your own objectives, situation and needs. We do not give any warranty of accuracy or reliability of information contained on the Site or the App to you or any other person. To the extent permitted by law we exclude all responsibility and liability for such material.

  13. Exclusion of warranties

    The Competition and Consumer Act 2010 may confer rights and remedies on you which cannot be excluded, restricted or modified. However, we do exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, customs or otherwise.

  14. Privacy

    You agree to be bound by Chat Thai Privacy Policy, which is incorporated into these Terms and Conditions. The Privacy Policy can be read by referring to the ‘Privacy Policy’ hyperlink on the Site.

  15. Termination of access

    We may terminate your access to any part of, or all of the Site or the App at any time for any reason without notice. We reserve the right to cease operating the whole or any part of the Site or the App at any time.

  16. Changes to Terms and Conditions

    We reserve the right to change these Terms and Conditions at any time by notifying users of the existence of revised Terms and Conditions through the Site. By continuing to access the Site or the App, you agree to be bound by the amended Terms and Conditions.

  17. Waiver

    If at any time we do not enforce any of these Terms and Conditions or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other Term or Condition.

  18. Severability

    If any portion of these Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

  19. Governing Law

    These Terms of Use will be governed by Australian law and you agree to submit to the exclusive jurisdiction of the Australian Courts.

  20. Contact Us

    If you have any questions about these Terms, please contact us at info@chatthai.com