El Jannah Terms & conditions
1 GENERAL
1.1 These Terms and Conditions (“Terms”) govern the access to and use of this website (“Website”), including the placing of orders via the Website.
1.2 A reference to “El Jannah”, “us”, “we” or “our” is a reference to El Jannah Franchise Company Pty Ltd (ACN 607 919 326) ATF El Jannah Franchise Trust (ABN 67 498 019 635) (“El Jannah”).
1.3 A reference to “you”, “your” or “customer” means you as a user of the Website.
2 AGREEMENT
2.1 Your use of the Website indicates your acceptance of these Terms. Please read these Terms carefully before using the Website. If you do not agree to the Terms, you are prohibited from using the Website.
2.2 Subject to applicable laws, we reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on the Website. Your continued use of or access to the Website following any updates or changes constitutes acceptance of the revised Terms. We encourage you to carefully read the Terms each time you visit the Website.
3 ORDERING AND PAYMENT
3.1 You can place an order for El Jannah products via the Website (Order). To place an Order via the Website, please follow the prompts. You must provide us with all requisite information requested for the Order to be fulfilled. You cannot change or cancel an Order you have placed.
3.2 A minimum spend of $30.00 (excluding delivery fees, service charges, and other applicable fees) applies to all Orders made via the Website.
3.3 Orders are prepared, processed and received by the El Jannah store selected during the ordering process. El Jannah may be selected by you for pickup, or automatically assigned to you based on the delivery location. An El Jannah store may be owned by a related entity of El Jannah, or be owned by a franchisee in the El Jannah franchise system (as applicable) (Provider). El Jannah’s sole responsibility is to facilitate the placement of your Order on the Website on behalf of the Provider.
3.4 Any Order placed by you is an offer by you to purchase the particular items referred to in the Order for the price stipulated. We may, at our sole discretion, accept or reject an Order we have received. Each accepted Order placed results in a separate binding agreement between you and the Provider.
3.5 An Order may be rejected or cancelled by El Jannah for any reason, including but not limited to if:
a) the product is unavailable for any reason;
b) we suspect that the Order is fraudulent or suspect credit card or payment fraud;
c) your financial institution declines payment or your payment card has expired;
d) there is an error in the price, imagery or description on the Website;
e) you have breached these Terms; or
f) any other situation we believe, acting reasonably and in good faith, that it is necessary to protect you or us from loss.
3.6 By placing an Order, you confirm that:
a) all information you provide is correct; and
b) you agree to the payment of the purchase price and any other charges listed on the Website or otherwise communicated to you at the time of placing your Order. Unless stated otherwise, all prices are in Australian Dollars.
3.7 Payment of the purchase price via the Website must be made through one of the payment methods we accept. In selecting a payment method, you warrant that you have familiarised yourself with, and agreed to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the relevant payment service provider. We do not provide any warranties or assurances with respect to any payment service provider.
4 PICK-UP AND DELIVERY
4.1 Any pick-up or delivery timeframes displayed on our Website or in communications (such as SMS or email) are estimates only and are not guaranteed. Delays may occur due to traffic, weather, operational issues, or other unforeseen circumstances.
4.2 We use third-party delivery partners to facilitate the delivery of Orders placed via the Website.
4.3 By placing an Order for delivery via the Website, you acknowledge and agree that:
a) delivery is provided by independent third-party service providers (including but not limited to Uber Direct). While we coordinate with these partners to arrange deliveries, we are not responsible for the conduct, reliability, or performance of the delivery partner or its personnel;
b) delivery is subject to availability within specified geographic areas. Orders may not be accepted or able to be fulfilled if your address falls outside the serviceable area of our store locations;
c) you are responsible for providing accurate delivery information, including a correct address and any relevant instructions; and
d) we may disclose your personal information to third-party service providers where necessary to arrange delivery of your Order and otherwise in accordance with our Privacy Policy.
5 ALLERGENS AND NUTRITIONAL INFORMATION
5.1 Our products are crafted in environments where common allergens such as gluten, dairy, fish & crustaceans, nuts, peanuts, tree nuts and sesame seeds are present. Despite our best efforts to avoid cross-contamination, there is always a risk that trace amounts of these allergens may be present in our products.
5.2 We cannot guarantee that all vegan products will be 100% free from animal products or animal derived products. Vegan products may contain traces of meat, dairy or other animal derived products due to cross-contamination during store operations.
5.3 We strongly advise customers with severe allergies to exercise caution and consult with their healthcare provider before consuming our products. Customers with severe allergies should be aware of this risk and make their purchasing decisions accordingly. By purchasing our products, you acknowledge and accept the potential risks associated with allergen exposure.
6 PROMOTIONS AND DISCOUNTS
6.1 Promotional offers and discounts (Promotions) are offered at our sole discretion and may be withdrawn or modified at any time without prior notice.
6.2 Promotions may be subject to additional terms and conditions (such as minimum order amounts, specific menu items, or time limits). Please refer to the individual offers’ webpage for full terms and conditions found in the Offers section here: https://eljannah.com.au/whats-on/offers/
6.3 Any Promotion codes must be applied at the time of checkout. We are not responsible for any expired or unused Promotion codes.
6.4 We reserve the right to refuse or cancel any Order that appears to violate the terms of any Promotion.
7 GENERAL DISCLAIMERS
7.1 We reserve the right to modify pricing at any time without prior notice.
7.2 Images of products and menu items displayed on the Website are for illustrative purposes only. Actual products may differ in appearance from those shown.
7.3 We reserve the right to change, update or remove products and menu items at any time without notice.
7.4 We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of the products.
7.5 You acknowledge that El Jannah does not make any guarantees, warranties, representations or conditions whatsoever regarding its products or the Website other than provided for pursuant to these Terms. To the fullest extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded.
7.6 Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions of products, pricing, promotions, offers, delivery charges 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 on the Website or on any related website is inaccurate at any time.
7.7 Your use of the Website including all content or data distributed by, downloaded or accessed from or through the Website is solely at your own risk. Everything on the Website is provided to you on an “as is” and “as available” basis. The quality and availability of the Website may be affected by factors outside our reasonable control such as network issues or technical malfunction. We do not guarantee uninterrupted or error-free access to the Website.
7.8 We are not responsible for, and accept no liability with respect to, any content uploaded, posted, transmitted or otherwise made available on the Website by any person other than us. We will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Website simply by allowing others to post, transmit or other make such content available. We do not in any way endorse (expressly or implied) any opinion or statement made by any person other than us.
8 PROHIBITED USE OF WEBSITE
8.1 Your use of the content and materials on this Website is for non-commercial, personal use only.
8.2 In addition to other prohibitions set forth in these Terms, you are prohibited from using the Website 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, provincial 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 Website 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;
k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet;
l) to copy, reproduce, distribute, publish, transmit, modify, display, or create derivative works from any part of the Website;
m) to share or display any materials from the Website with third parties; or
n) to link to, frame, or mirror any part of the Website.
9 INDEMNITY
9.1 You agree to indemnify us and our related entities against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis), incurred, suffered or arising out of or in connection with:
(a) any content you post through the Website or submit to us;
(b) your submission of incorrect or misleading information on the Website, including when submitting an Order; or
(c) any unauthorised use of payment methods or accounts by you,
except to the extent caused by us.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2 To the fullest extent permitted by law, El Jannah’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at El Jannah’s sole discretion, to:
a) in the case of goods: the replacement of the goods, the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
b) in the case of services: suppling of the services again or the payment of the cost of having the services supplied again.
10.3 To the fullest extent permitted by law, El Jannah will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with these Terms, your use of the Website, or your purchase and use/consumption of the products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
11 LOYALTY PROGRAM – LEGENDARY REWARDS
11.1 The Legendary Rewards Loyalty Program is subject to additional terms and conditions. You can review our Legendary Rewards Loyalty Program Terms and Conditions here.
12 PRIVACY
12.1 We take your privacy seriously. Any personal information that you provide to us is subject to our Privacy Policy. You can review our Privacy Policy here.
13 COPYRIGHT AND INTELLECTUAL PROPERTY
13.1 The Website and all material contained on it is subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to El Jannah and its related entities.
13.2 You may not, without the prior written permission of us and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way any material on the Website for any purpose.
14 THIRD PARTY LINKS
14.1 Certain content, products and services available via the Website may include materials from third parties.
14.2 Third party links on the Website 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.
14.3 We are not liable for any harm or damages related to the purchase or use of products, 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.
15 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
15.1 If, with or without our request, you send certain specific submissions (for example contest entries), creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (including content shared with us via a hashtag on social media) (collectively, “Submissions”), you grant us a perpetual right to, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us.
15.2 We are and shall be under no obligation to:
a) maintain any Submissions in confidence;
b) pay compensation for any Submissions; or
c) respond to any Submissions.
15.3 We may, but have no obligation to, monitor, edit or remove Submissions that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
15.4 You warrant and agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further warrant and agree that your Submissions will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website 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 Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.
16 ENTIRE AGREEMENT
16.1 These Terms and any policies or operating rules posted by us on the Website constitutes the entire agreement and understanding between you and us regarding its subject matter. These Terms supersede any prior agreements, communications and proposals, whether oral or written, between you and us.
17 NO WAIVER
17.1 The failure of us to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
18 SEVERANCE
18.1 If any part of these Terms is found to be void, unlawful or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
19 GOVERNING LAW
19.1 These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the Court of New South Wales, Australia.
20 CONTACT INFORMATION
20.1 Questions about the Terms should be sent to us. Our contact information is posted below:
Email: [email protected]
Phone: (02) 7908 5476