Terms Of Use

RAW ENERGY WEBSITE TERMS OF USE

BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THE SITE, YOU AGREE TO THESE TERMS. YOU CONSENT TO RECEIVE REQUIRED NOTICES (IF ANY).  YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR COUNTRY.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THE SITE.

BY ACCEPTING THE TERMS, YOU ALSO UNDERSTAND AND CONSENT TO OUR PRIVACY STATEMENT, WHICH IS INCORPORATED INTO, AND PART OF, THIS CONTRACT. OUR PRIVACY STATEMENT DESCRIBES HOW WE COLLECT, USE AND SHARE INFORMATION. YOU CAN ACCESS OUR PROVACY STATEMENT ON OUR SITE.

These Terms of Use (“Terms”) govern your use of our website located at www.rawenergy.com.au  (“the Site“) and form a binding contractual agreement between you, the user of the Site, and us, Raw Energy Headquarters Pty Ltd A.C.N. 147 406 111 (“Raw Energy”).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on:

P: 07 5444 1099

E: info@rawenergy.com.au

Post: 1/81 Sixth Avenue, Maroochydore, QLD, 4558

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

  1. Licence to use Site

1.1    We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

1.2    You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

1.3    You must not add any content to the Site:

(a)    unless you hold all necessary rights, licences and consents to do so;

(b)    that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c)     that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(d)    that would bring us, or the Site, into disrepute; or

(e)    that infringes the intellectual property or other rights of any person.

1.4    The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website.

1.5    You acknowledge and agree that:

(a)    we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

(b)    the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

  1. Intellectual Property Rights

2.1    Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

2.2    By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

2.3    You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.4    The licence in clause 2.2 will survive any termination of these Terms.

2.5    You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

  1. Warranties

3.1    You represent and warrant to us that you have the legal capacity to enter into these Terms.

  1. Liability

4.1    To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

4.2    To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

4.3    These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(i)      the supply of the services again; or

(ii)     the payment of the cost of having the services supplied again.

  1. Termination

5.1    These Terms terminate automatically if, for any reason, we cease to operate the Site.

5.2    We may otherwise terminate these Terms immediately, by notice to you, if you have breached these Terms in any way.

  1. General

6.1    You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

6.2    If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

6.3    Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

6.4    This Agreement is governed by the laws of Australia and each party submits to the jurisdiction of the courts of Australia.

  1. Indemnity

7.1    You agree to indemnify us against any claim or demand made by any third party due to or arising in any way out of your use of our Site, the breach of any Terms of this agreement, or the infringement by you, or by any person using your computer, of any intellectual property or other right of any person.

7.2    You agree to indemnity us from any damages, losses, claims, costs, expenses or liabilities arising from downtime, production incidents, or other technical problems arising from the breach of the Terms by you, or by any person using your computer.

  1. Site Integrity

8.1    You must not:

  • Perform any technical security integrity review, penetration test, load test, denial of service simulation, vulnerability scan or similar reviews of the Site.
  • Attempt to access the data of another customer of the Site.
  • Use any software tool designed to automatically emulate the actions of a human user, including, but not limited to robots, in conjunction with the Site.
  • Use any software in conjunction with the Site for the purposes of data entry, data loading, data migration, load testing, performance testing, performance monitoring, performance measuring and stress testing;
  • Copy, decompile, reverse engineer, reverse assemble, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Site;
  • Rent, lease, distribute, sell, resell, assign, or otherwise transfer rights or intellectual property rights to the Site.
  • Use the Site for outsourcing, timesharing, service bureau purposes, or otherwise for the benefit of a third party
  • Obfuscate, remove or alter any of the logos, trademarks, internet links, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on the Site or the related documentation.
  • Send or store material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents or programs.
  • Use the Site for spamming, chain letters, junk mail, distribution lists, or to contact any person who has not given specific permission to be included in such a list,
  • Use the Site to transmit any unlawful, discriminatory, harassing, libelous, abusive, threatening, vulgar, obscene or otherwise objectionable material of any kind.
  • Use the Site for any unlawful activities including, but not limited to, storing, distributing or transmitting unlawful material, attempting to compromise the security of any networked account or site or making direct threats of physical harm.
  1. Publicity

9.1    You must not publish any comments on the performance of the Site, including any reviews, evaluations or comments about the Site.

  1. General

We may change the Terms at any time in our sole discretion.  The changed Terms will be effective immediately upon posting and, by continuing to use the Site, you agree to the new Terms.  You are responsible for staying informed of any changes.  If you do not agree to the new Terms, your only remedy is to discontinue use of the Site.

While we may make reasonable efforts to provide accurate and timely information about the Raw Energy brand on the Site, you should not assume that the information provided is always up to date or that the Sites contain all the relevant information available.

The Site may include a Raw Energy restaurant locator; menu & nutrition information; recipes; catering information; contact information; “about us” information, including history, news, social responsibility, and FAQ’s; career information; and Raw Energy franchise information.

Menu; recipes or nutritional information provided on the Site is for informational purposes only, and assumes that the individual restaurants have complied with ingredient requirements and our standardised recipes.  The nutrition information listed is based on standard recipes and product formulations, however slight variations may occur due to season of the year, use of an alternate supplier, region of the country and/or small differences in product assembly.  Certain product or nutritional information may not apply to all restaurants.  If you have questions about the products, procedures, or ingredients at a particular restaurant, please contact the restaurant.

While we operate the Site, we are not responsible for the operation of Raw Energy restaurants. Instead the restaurants are owned and operated by independent franchisees.  Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the sale of menu items to you, and for any employment related matters in the restaurant.

The Site may provide links to job opportunities posted by us or Raw Energy restaurants.  Opportunities that are posted on the Site are with the restaurant alone and not with us or our affiliates.  This means that the restaurant that posted the opportunity is solely responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business.  We do not receive a copy of any application you submit to a restaurant that is a franchise.  We do not control whether you receive an interview or are hired.  We do not control the franchisees’ employment policies and practices. Neither we, nor our affiliates employ independent franchisees.  If you are hired by a restaurant that is a franchisee, only that franchisee, and neither we, nor our affiliates will be your employer unless we own and operate the restaurant.

Any information available on the Site is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise.  It is for informational purposes only.  In the event of any conflict or difference in interpretation, the language in the Raw Energy disclosure document shall prevail.  Franchise offering is by prospectus only.  An offer to sell a franchise is only commenced by the delivery of the Raw Energy disclosure document to you in compliance with the laws that regulate the sale of franchise opportunities.

Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ON THE SITES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. WE DO NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE OR THEIR SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF WE ARE AWARE OF THEM.

We do not guarantee or warrant that the Site, files or software of any kind, or from any source, available for downloading through the Websites will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

Except as may otherwise be described, all materials on the Site are made available only to provide information about Raw Energy restaurants. We control and operate the Site from our offices in Australia.  We make no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations you are responsible for compliance with all applicable laws.

No Assignment

You may not transfer or assign in any way any of your rights or obligations under these Terms. Any such transfer or assignment shall be null and void.

Severability

If any provision of these Terms or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

No Waiver

Our failure to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right.

Headings

The headings for each of these Terms are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms.

Complete Understanding 

These Terms and the Privacy Statement located here https://rawenergy.com.au/privacy, constitute the entire understanding between you and us with respect to your use of the Site.

 

 

 

 

 

 

 

 

 

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