TERMS AND CONDITIONS
Mad Mex may amend or update these Terms and Conditions from time to time, with or without notice.
The online ordering portal is administered by a third party provider.
Mad Mex is committed to ensuring the privacy of all users’ (Users) information.
USE OF THE ORDERING PLATFORM
If online ordering is used, you are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities on our mobile app.
We have the right to change, suspend or terminate the online ordering system (or any part of it) at any time without prior notice.
The Mad Mex online ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Mad Mex reserves the right to refuse service, terminate your access to the online ordering website or mobile app. remove or edit any content or cancel your orders in its sole discretion and without prior notice to you.
In making the Mad Mex online ordering system available for use, Mad Mex merely acts as an agent of sub-franchisee stores from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address), does not provide you with any goods or services, and makes no warranties or representations regarding the goods and services to be provided (including availability and delivery).
Mad Mex does not guarantee that the online ordering system will be free from viruses or other harmful components and you agree to hold harmless Mad Mex from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the mobile app, and reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
In using the Mad Mex online ordering system you acknowledge that all orders arc treated as an express intention to purchase the nominated goods or services for the agreed online prices and acknowledge that you contract with the individual store from which you order and not Mad Mex and therefore you have no claim, recourse or action against Mad Mex whatsoever (except where you order from a Mad Mex owned store) and indemnify Mad Mex from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system. Payment is required in full at the time of order. If we can’t process your payment, we won’t fulfill your order.
In order to use the Services, all Users will need to submit certain personal information such as their email address, name, address, telephone number, gender and date of birth. Users may be asked to submit further information from time to time.
The personal information that Users provide will only be used in connection with the Services offered by Mad Mex, to communicate with Users in relation to the Services or to co-operate with any government, industry or regulatory authorities. Mad Mex reserves the right to use data (on an anonymous basis) in relation to Users’ use of the Services for marketing purposes.
Unless expressly authorised to do so by the relevant User, Mad Mex will not disclose any User’s personal information to any third party except where the disclosure relates to the purposes for which the information was collected.
Users may request at any time to see the personal information that Mad Mex holds on its behalf or to correct or update any personal information (to the extent that Users are unable to do so on the Website).
Mad Mex will securely store Users’ personal information in Australia, New Zealand or in any other country, which Mad Mex may from time to time offer its Services. Users’ personal information may therefore be transferred outside of Australia and New Zealand.
Mad Mex may hold Users personal information both before and after the cancellation of each User’s account, but only for as long as Mad Mex is lawfully entitled to do so.
ABILITY TO ACCEPT TERMS and CONDITIONS OF USE
You affirm that you are either more than I8 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use. By accessing or using this Service, you accept and are bound by these terms and conditions. If you don’t accept these Terms and Conditions, you should not use this service.
We can terminate or suspend your account or access to Websites and Services at our discretion, including but not limited to, if we see signs of fraud, abuse or suspicious activity, or any breach of these Terms and Conditions. We reserve our rights in the case of any breach of these Terms and Conditions, our rights, or any unlawful activity.
USE OF SERVICE
You download, install, access and use the service at your own risk and cost, including internet service provider costs.
We are not responsible for the content of any other website, social media platforms or applications linked to this Service.
You agree to defend, indemnify and hold harmless Mad Mex, the Master Franchisor and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with (i) your use of and access to the website (including any online ordering and applications) (ii) your violation of any term of these Terms and Conditions of Use and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right (iv) any claim that one of your User Submissions caused damage to a third party and (v) use of the User Submissions by Mad Mex
To the extent permitted by law, we have no liability for any loss or claim that you may suffer or incur as a result of your use of the Service.