TERMS & CONDITIONS

KENTUCKY FRIED CHICKEN PTY LIMITED

A.B.N. 79 000 587 780

Website Terms & Conditions

These Terms and Conditions of Use govern your use of this web site and your use of this web site indicates your acceptance of these Terms and Conditions.

KFC may from time to time amend, update or change this web site including these Terms and Conditions without prior notice.

Privacy

Refer to the Privacy Policy, which form part of these Terms and Conditions of Use.

Information on Website

KFC does not undertake to keep this web site updated. KFC is not liable to you or anyone else if errors occur in the information on this web site or if that information is not up to date.

Publishing information about a product on this web site does not ensure its availability. Products are advertised subject to availability. Price information is subject to change without notice.

Links to other web sites

KFC may provide links to web sites not operated by KFC. These linked sites are not under the control of KFC, and we are not responsible for the privacy practices or content of companies linked to our web site. Before disclosing your personal information on any other web site, we advise you to examine the privacy policies of those web sites.

Franchisee web sites

Many KFC outlets are owned and operated by franchisees. Some franchisees may also operate web sites. Franchisees may have their own privacy policy and are not obliged to follow this Privacy Policy.

Intellectual Property Rights

All material contained on this web site is the property of KFC and its affiliates and protected by copyright. Except as permitted by relevant copyright legislation or with the prior written approval of KFC or its affiliates, the material may not be otherwise used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part.

The trade marks appearing on this web site are primarily trade marks of KFC or its affiliates. Other trade marks displayed on this web site are trade marks of their respective owners. The trade marks must not be used or modified in any way without the express written permission of KFC or the relevant affiliate or third party owner.

Reviews and Comments

KFC enables visitors to its web site to post reviews of and comments on this web site. If you post reviews or comments on this web site, you grant KFC and its affiliates a right to use, reproduce, modify, distribute and display such reviews and comments throughout the world in any media.

Disclaimer

Your use of the material contained on this web site is at your sole risk. Any information and data is provided on an as is basis and excludes any warranties which may be excluded by law. KFC reserves to itself the right to change any of the material on this web site at any time.

Limitation of Liability

To the extent permitted by law KFC will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use this web site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. 

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. 

Governing Law

The laws of the State of New South Wales and the Commonwealth of Australia govern this web site. 

This Website may be accessed throughout Australia and overseas. KFC makes no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this web site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

 

App Terms & Conditions

These terms and conditions (Terms) govern your use of the App (App) provided by Kentucky Fried Chicken Pty Limited (KFC).  

 

1 These Terms 

1.1 In these Terms, 'us', 'we' and 'our' means KFC. 
1.2 Please read these Terms and our Privacy Policy at https://www.kfc.com.au/privacy-policy. By accessing and/or using this App, you acknowledge that you have read, understood and agreed to follow and be bound by these Terms. 
1.3 KFC may amend, update or change the App including these Terms from time to time in its sole discretion. If you continue to use the App following any update, you agree to accept that update. 
1.4 If you do not agree to these Terms, or any update to these Terms, you must immediately cease using the App.  

2 Conditions of access 

2.1 When you access or use the App, you agree: 
(a) to comply with all applicable laws; 
(b) not to copy, modify, merge, alter, adapt, translate, decompile, disassemble or reverse engineer any aspect of the App or to otherwise attempt to derive the source code relating to any aspect of the App; 
(c) not to interfere in any manner with the App or its source code; 
(d) not to, in connection with your account or use of the App, provide any information that you know is false or misleading; 
(e) not to, in any circumstances, allow any person to use or have access to your KFC account username or password; and 
(f) not to remove, modify or obscure any copyright, trade mark, service mark, tagline or other notices that appear on the App. 

3 The Services 

3.1 In order to use the ordering and delivery services in the App, you must create an account. You must be at least 18 years of age to create an account. 

3.2 When you use the App, you acknowledge and agree that: 
(a) advertised products are subject to availability. The publication of information about a KFC product on the App does not mean it is always available; 
(b) the products available to you may vary depending on whether you have selected 'Delivery' or 'Pick up'; and 
(c) the price of KFC products may vary according to: 
(i) the location where your order is fulfilled; and 
(ii) whether you have selected 'Delivery' or Pick up', and is subject to change without notice. 

4 Ordering through the App 
 
4.1 To place an order for KFC products via the App, please follow the prompts in the 'Order' tab of the App. You can correct any errors in your order up until you click the 'Checkout' button on the 'Your Meal' screen. 

4.2 We may use various procedures to authenticate your transaction. If we cannot authenticate a transaction then we may, in our absolute discretion, cancel it. 

4.3 By placing an order via the App, you confirm that all information contained in the order is correct. 

4.4 After you enter your payment details and we have received your order, we will send an automated email to the email address provided in your account, to confirm your order. You cannot change an order you have placed with us. 

5 Linked sites 

5.1 This App may contain links to websites not operated or controlled by KFC. We are not responsible for the privacy practices of companies whose websites are linked to our App. Before disclosing your personal information on any other website, you should read the privacy policies of that website. 

6 Intellectual Property Rights 

6.1 All material contained in the App is owned or licensed by KFC and its affiliates and protected by copyright. Except as permitted by relevant copyright legislation or with the prior written approval of KFC or its affiliates, the material may not be otherwise used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part. 

6.2 The trade marks appearing on the App are primarily trade marks of KFC or its affiliates. Other trade marks displayed on the App are trade marks of their respective owners. The trade marks must not be used or modified in any way without the express written permission of KFC or the relevant owner. 

7 Privacy 

7.1 We collect personal information about you when you use the App, including: 
(a) your name, email address, delivery address and phone number; 
(b) location data, data about your device (including device ID and type of device), social ID (where you log in to the App through Facebook) and IP address; and 
(c) payment details. 

7.2 We collect this information in order to: 
(a) create your account; 
(b) provide you with the App services; 
(c) provide push notifications to you through your device (where push notifications are enabled for the App on your device); 
(d) market our products and services to you; 
(e) improve the user experience; and 
(f) achieve the purposes otherwise set out in our Privacy Policy at https://www.kfc.com.au/privacy-policy. 

7.3 If you do not provide this information, we may not be able to provide you with some or all of the services through the App.  

7.4 We may disclose your personal information to third parties that help us deliver our services, including franchisees (to process orders) and delivery service providers (to deliver your order to you), or as required or otherwise permitted by law. 

7.5 We may combine the information that we hold about you with information about you collected from or held by other trusted partners or from public sources. We do this in order to enable the development of consumer insights about you so that we and those other trusted companies can serve you better. This includes being able to better understand your preferences and interests, personalise your experience, enhance the products and services you receive, and to tell you about products and services. We may also use trusted service providers to undertake the process of creating these consumer insights.   

7.6 Your personal information may be disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by KFC or its affiliated companies in other countries, including in the USA and in other countries where KFC operates, and to our services providers who may be located outside of Australia. 
(a) how we store and use, and how you may access and correct your personal information; 
(b) how you can lodge a complaint regarding the handling of your personal information; and  
(c) how we will handle any complaint. 

7.7 If you would like any further information about our Privacy Policy or practices, please contact us at [email protected]. 

7.8 When you provide your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms. 

8 What happens when Bluetooth is enabled in the App? 

8.1 When you have the App open with Bluetooth enabled for the App and you are in or close to our stores, we may also collect your location information to provide you with offers, and to help us to understand how frequently you have visited one of our stores. If you don't want to provide us with this information, you can switch off the Bluetooth functionality for the App on your device. 

9 Unacceptable activity 

9.1 You must not use the App in a manner which is unreasonable, inappropriate, is unlawful or is prohibited by any relevant laws, including:
(a) breaching the privacy or any other legal rights of individuals (including intellectual property rights); 
(b) the sale or promotion of any illegal business activities or prohibited products or services; 
(c) posting or transmitting to the App any non-authorised material including, material that is false, defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security; or 
(d) any act or use for which the App is not intended. 

10 Disclaimer 

10.1 Your use of the material contained on the App is at your sole risk. Any information and data is provided on an "as is" basis and to the extent permitted by law (including the Australian Consumer Law), we make no representations, warranties or guarantees about the App (including any information that is in the App). KFC reserves the right to change any of the material on the App at any time. 

10.2 KFC does not undertake to keep the App updated. KFC is not liable to you or anyone else if errors occur in the information on the App or if that information is not up to date. 

10.3 We reserve the right to restrict, suspend or terminate without notice your access to the App or any feature of the App at any time. We will not be responsible for any loss, cost, damage or liability that may arise as a result. 

11 Limitation of Liability 

11.1 To the extent permitted by law (including the Australian Consumer Law, if applicable) KFC will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the App, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. 

11.2 If a jurisdiction does not allow the exclusion or limitation of liability described above but allows a limitation of a certain maximum extent then our liability is limited to that extent. 

12 Severability

12.1 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remainder of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction. 

13 Governing Law 

13.1 Your use of the App is governed by the laws of New South Wales and the Commonwealth of Australia. This App may be accessed throughout Australia and overseas. KFC makes no representations or warranties that the content of the App complies with the laws of any country outside Australia.