Terms and Conditions

Last updated: 1st day of November, 2024

These terms and conditions (the “Terms and Conditions”) govern the use of www.dirtyfingerskitchen.com (the “Site”). This Site is owned and operated by Dirty Fingers Kitchen. This Site is a food business.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property

All content published and made available on our Site is the property of Dirty Fingers Kitchen and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

– Violate the intellectual property rights of the Site owners or any third party to the Site.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

Dirty Fingers Kitchen and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Dirty Fingers Kitchen and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of New South Wales.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Dirty Fingers Kitchen are unable to resolve any dispute through informal discussion, then you and Dirty Fingers Kitchen agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Dirty Fingers Kitchen. The costs of any mediation or arbitration will be paid by the unsuccessful party.

Notwithstanding any other provision in these Terms and Conditions, you and Dirty Fingers Kitchen agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Currency and Pricing

All products and services are priced in Australian Dollars (AUD), and where applicable, Goods and Services Tax (GST) is included in the listed price.

Loyalty Card

  1. Redemption Criteria: Every 5th stamp entitles you to a free fries (regular or large) or any drinks or coffee, depending on the loyalty card type.
  2. Eligibility for Stamps: All burgers, hot dogs, meals or coffee purchased from Dirty Fingers Kitchen are eligible for a stamp.
  3. Valid Stamps: A valid stamp refers specifically to those issued by Dirty Fingers Kitchen.
  4. Loss of Stamp Card: We are not responsible for the loss of a stamp card or any records of the number of stamps, even in situations where your stamp card is kept at the food trailer.

Payment

  1. Accepted Payment Methods: We use Square that accepts any Australian-issued and most international chip cards or magstripe cards with a Visa, Mastercard, American Express, and JCB logo, as well as bank-issued eftpos chip cards. Square also supports Afterpay and mobile wallets such as Apple Pay, Google Pay, and Samsung Pay. Please refer to Square website for further details or updates on accepted payment methods.
  2. Tax Invoice Request: Upon request, a tax invoice may be emailed to you for your records.
  3. Order Acceptance and Payment: We reserve the right not to accept your order in cases where payment cannot be obtained.

Refund and Cancellation

  1. Refund Eligibility: Refunds will be considered for the following circumstances: 1) Quality Issues: If there is a legitimate concern regarding the quality of the food or beverages. 2) Order Errors: In the event of a mistake or error in the order placed. 3) Payment Issues: Instances where overpayment or double payment has occurred.
  2. Notification and Timeframe: To be eligible for a refund or cancellation, you must notify our staff immediately upon discovering the issue.
  3. Cash Refund: In cases where cash was used for the original purchase, refunds will be issued in cash.
  4. Card Refund: Refunds may take up to 10 business days to reflect in your account.
  5. Refund Exclusions: No refunds will be issued for free meals or drinks redeemed from our loyalty card or voucher code.
  6. Refusal of Refund: We reserve the right to refuse a refund if the request does not meet the specified criteria outlined in this policy.
  7. ​Refusal of Cancellation: We reserve the right to refuse order cancellations if the order has already been prepared or dispatched.
  8. Late or Missed Cancellation: If the order has already been prepared or is en route, cancellation may not be possible. In such cases, the full order amount will be charged.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

eat@dirtyfingerskitchen.com
PO Box 3128, Rouse Hill NSW 2155

You can also contact us through the contact us form available on our Site.