Terms and Conditions
Terms of Use
The following website Terms of Use include these Terms and Conditions and the Privacy Policy that apply to this website, which are operated by Francesca’s Bar (ABN 34 930 982 118), and their related bodies corporate (Francesca’s Bar) at www.francescasbar.com.au (“Website”).
You must ensure that you read, understand and abide by the Terms and Conditions of this Website. By accessing, viewing or otherwise using the Website you agree to accept and be bound by these Terms of Use in accordance with the conditions set out below.
We may update/and or modify these Terms of Use from time-to-time without notice and such update/and or modification will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.
User conduct
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
In accessing this Website, you must not:
Disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
Disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
Use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our express prior written consent;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
Reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene;
Engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
Attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or
Post or transmit to or via this Website any defamatory, derogatory or offensive material or publications.
If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
Indemnity
You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.
Intellectual Property
All materials and information on this Website including without limitation any photographs, logo, design, text, graphic and trade marks (“Content”) are licensed to or owned by Francesca’s Bar and are protected by copyright, trade mark and other intellectual property laws. Any such Content may be displayed solely for your personal and non-commercial use provided that any copyright notice on such a display or page is not removed. You agree not to alter, modify, add, copy, reproduce, sell, distribute, republish, download, display, post or transmit the Content to any third parties in any form or by any means including but not limited to electronic, mechanical or otherwise without our express prior written consent.
Save for the above, and unless expressly granted, Francesca’s Bar does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or applications incorporated into the Website or in the user interface of the Website.
Submissions
You acknowledge and agree that any material you send to us on or via the Website or if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title and interests in and to such contributions to us.
This includes any data, feedback data, questions, ideas, comments, suggestions or other information (collectively “Feedback”) and will be deemed to be not confidential and non-proprietary, unless it is indicated to be otherwise. We will be entitled to use any such Feedback which has not been indicated to be confidential or proprietary for any purpose without compensation to you.
Third party websites and links
We may provide links on this Website to the websites operated, controlled or produced by third parties. Francesca’s Bar does not have control over and does not monitor these third party websites or their content nor does Francesca’s Bar provide any warranty or take any responsibility whatsoever regarding the accuracy, completeness or suitability of the third party website, its products or services. A link to a third party website does not mean that we endorse
the content of that website. Your access to third party websites will be governed by their own terms of use.
We may receive fees, commissions and/or rebates from third parties for goods and services detailed on the Website or accessible through a hyperlink on Website. You acknowledge and consent to us receiving such amounts.
You may not create a link to this Website from another website or document without our prior written consent.
Privacy
The Francesca’s Privacy Policy applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed here.
Warranties and disclaimers – Limitation of liability
While Francesca’s endeavours to take reasonable care in preparing and maintaining the information on this Website we do not warrant accuracy, reliability, adequacy, completeness or otherwise of any of the Website Content. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material and information you seek to rely upon. We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it.
To the maximum extent permitted by law, we and our related bodies corporate, directors, officers, employees, agents and contractors exclude all liability arising out of or in connection with the Website Content and the use or performance of the Website to you or any other persons for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, and including loss of business profits, except to the extent that the loss or damage is directly caused by Francesca’s fraud or wilful misconduct.
If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Australian Consumer Law, our liability under the consumer guarantees that cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election and in our sole discretion):
Replacing or repairing goods;
Reimbursing you for repairing or replacing goods;
Re-supplying services; and
Reimbursing you for paying someone else to supply services.
The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:
- Constitute an offer or inducement to enter into a legally binding contract; or ● Form part of the terms and conditions for our products and services;
The Content and this Website are provided “as is” and “as available”. Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk.
Termination and suspension
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.
Waiver
No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
Severability
If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.
Confidentiality
We do not guarantee that your use of this Website will be confidential. We are not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website. Any information that you disclose on this Website:
May be used by Francesca’s, its agents and contractors in relation to the provision of services promoted, explained or contained on this Website, including the marketing of those services.
May not be secure during its transmission over the Internet. Third parties may be able to intercept transmissions which make when using this Website.
Currency
A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.
Applicable law
This Website and the Content are provided for use by Australian residents only. These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. You
hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Privacy Policy
In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means Francesca’s Bar – The Trustee for OMMKD Trust (ABN 34 930 982 118) and their related bodies corporate (if any). Francesca’s Bar – The Trustee for OMMKD Trust and operates a number of pubs, bars and restaurants in Australia which provide a range of food and beverage services as well as event venues.
At Francesca’s Bar, we are committed to respecting your privacy. This Privacy Policy sets out how we collect, use, store and disclose your personal information. Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.
We may update this Privacy Policy from time to time and without notice, and recommend you review it periodically so that you are updated on any changes.
What personal information do we collect?
We may collect the following types of personal information:
name;
email address;
telephone number and other contact details;
date of birth;
your photograph;
Social media footprint (Including and not limited to: Facebook/Instagram/Tik Tok) video and CCTV footage;
financial information such as any bank or credit card details – though these are held by a level 1 PCI service provider to ensure they are kept safe; we don’t see your full credit card number nor do we transmit it unless we are processing a payment over the phone or in person; any additional information about you that you provide to us, including through your use of our websites, our online presence or through other websites or accounts from which you permit us to collect information; or any other personal information that may be required in order to facilitate your dealings with us.
How do we collect your personal information?
We may collect personal information either directly from you, or from third parties, including when you:
make a reservation at our venue, either over the phone or through an online booking form (which may be hosted by a third party);
register on our websites;
leave a business card at a venue;
redeem an offer at a venue;
attend a function at our venue and consent to your photograph being taken; attend one of our venues where CCTV or security cameras are in use;
enter into a competition run by us or with one of our partner advertisers;
communicate with us through correspondence, telephone calls, or email, or when you share information with us from other social applications, online services, or websites.
In addition, when you apply for a job or position with us, we may collect certain information from you (including your name, contact details, working history, RSA and relevant records checks) from:
any recruitment consultant;
your previous employers; and
others who may be able to provide information to us to assist in our decision on whether to make you an offer of employment or engage you under a contract.
This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.
Why do we collect, use and disclose personal information?
Our handling of your personal information will vary depending upon how you engage with us. We may collect, hold, use and disclose your personal information for the following purposes:
to enable you to make a reservation or booking at our venue;
to provide you with our goods and services at our venue;
to respond to your enquiry or otherwise send you information which you request;
to allow you to register to use our websites;
to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners;
to send you personalised ads, and to better measure advertising performance; to administer competitions or other promotional activities or events sponsored or managed by us or our business partners;
to operate, protect, improve and optimise our website, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing; to ensure the safety of patrons and manage any incidents at our venue;
to comply with our legal obligations, resolve any disputes that we may have with any of our users or patrons, and enforce our agreements with third parties; and
to consider your employment application.
We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests.
Our use of your information
Generally, information which you give to us is used to provide you with a product or service which you have requested from us. We will not use your information to market to you unless we have your implied or express consent. For example, if you inquired about our venue or entered a promotion in relation to our venue, we may infer your consent to receive marketing materials about our venue and services. If you receive electronic communications from us, we will always provide you with an opportunity to unsubscribe from receiving further information from us by emailing [email protected]
To whom do we disclose your personal information?
We may disclose personal information for the purposes described in this privacy policy to: our employees and related bodies corporate;
third party suppliers and service providers (including booking websites in connection with providing our services to you);
professional advisers, dealers and agents;
our existing or potential agents, business partners or partners;
our sponsors or promoters of any competition that we conduct via our services; anyone to whom our assets or businesses (or any part of them) are transferred; specific third parties authorised by you to receive information held by us; and/or other persons, including government agencies, regulatory bodies and law enforcement agencies,
or as required, authorised or permitted by law.
Do we disclose your personal information overseas?
We may disclose your personal information to third party suppliers and service providers that have electronic storage located overseas.
How do we hold your personal information?
We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use several physical, administrative, personnel and technical measures to protect your personal information. For example:
Access to your personal information is restricted to our existing agents, business partners and service providers with authorised credentials.
Copies of correspondence sent from websites, that may contain personal information, are stored as archives for record-keeping and back-up purposes only and accessible only by authorised existing agents, business partners and service providers
However, we cannot guarantee the security of your personal information.
Using our websites, cookies and APIs
Our website uses cookies to provide you with a better experience. Cookies are small files that store information on your computer, mobile phone or other device. These cookies allow us to increase your security by storing your session ID and are a way of monitoring single user access. This aggregated, non-personal information is collated to assist us in analysing the usage of the site.
We also use third party cookies and/or conversion application programming interfaces (Conversion APIs) provided by Meta (Facebook) and other social media platform providers, and Google (Platforms) for marketing purposes and conversion tracking. Conversion APIs are used to track and measure specific actions that users take on a website. For example, when you make a purchase, fill out a form, or sign up for a newsletter, the conversion API allows websites to send information about these actions directly to a tracking or analytics system, and we can then better understand how users are interacting with our site and can inform decisions to improve user experience or marketing strategies.
Via their cookies and APIs, the Platforms receive non-personal information that you have visited our websites or clicked on an advertisement. If you are registered with an account with the relevant Platform (for example, you have a Facebook account), the Platform can assign the visit to your Facebook account.
Each Platform’s privacy policy describes how their third party cookie or conversion API handles a user’s data. The Platforms’ respective websites are designed to honour user’s privacy controls and you may be able to de-activate, or limit the application of, the tool by visiting the relevant Platform’s cookie settings.
Links
Our websites may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.
How can you access or correct your personal information?
You can access the personal information we hold about you by emailing
[email protected] Sometimes, we may not be able to provide you with access to all your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.
If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
How can you request to delete your personal information and related data?
You can request for your personal information and data to be deleted, by emailing [email protected]
How do you make a complaint?
If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us by emailing [email protected].
Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.