Pok Pok Docklands –HAOYU PTY LTD TERMS AND CONDITIONS OF USE AUSTRALIA
Last Updated: 05 Nov 2015
These Terms & Conditions of Use govern your use of the Pok Pok Docklands –HAOYU PTY LTD website and applications, including online ordering. References to ‘website’ include the following (as appropriate): http://www.pokpokdocklands.com.au or any other site, services (including web-services), software, application or media managed by Pok Pok Docklands’. Your use of the Pok Pok Docklands’ website constitutes your acceptance of these Terms & Conditions of Use.
Subject to law, Pok Pok Docklands’ may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. Pok Pok Docklands’ recommends you carefully read, each time you visit the website, the Terms & Conditions of Use as they may affect your rights.
If you do not agree with the Terms & Conditions of Use, do not use the website or order online.
The Pok Pok Docklands belongs to:
Registered Name: HAOYU PTY LTD
Business Name: Pok Pok Docklands
ABN: 33 607 734 841
ACN: 607 734 841
Registered Name: Weina Wang
Registered Address: 7 Tintern Rise, Glen Waverley, VIC
Revisions to this Policy
If you continue to use our websites, place an order with any of our stores or provide further personal Information to us after this policy has been revised you will be deemed to have accepted the revised policy.
What Information we collect
We collect information necessary for us to process your order, register you for an account such as Online Ordering.
The personal information which we collect from you and hold (“Information”) includes information like your first and last name, postal address, telephone and mobile number(s), email address, details of your order (i.e. your last four orders, your delivery address or preferred pick-up location), IP address and credit card details. In respect of your credit card details we only hold some information, as detailed further below.
When you place an order with us online using the internet ordering system (whether via the website itself or an application on a smart device), we collect additional Information from you such as:
your IP address as part of your order;
your entries into our competitions and draws;
your menu preferences and previous order information;
any delivery instructions or comments;
if you use an eVoucher we collect your order details, if you have used it, when you used it.
We may also collect your smart device ID and use your smart device’s location services (with your consent) in order to provide you with google map api services.
How do we collect Information?
We collect your Information in various ways, including when you:
visit any of our websites;
register to use any platforms, including Online Ordering;
when you “Like” our Facebook page or participate in any surveys, promotions and competitions through our Facebook page;
place an order via online ordering (whether on our website itself or in an application);
interact or follow our social media pages/profiles like Google+, Twitter, Facebook and Instagram;
enter into a competition or promotion through any medium;
participate in a survey;
participate in focus groups, polling and market research activities;
submit website feedback;
submit any query to the Privacy Officer;
place an order via a store, telephone or the internet ordering system, mobile sites/devices and applications; or request that your order is delivered and the delivery vehicle that is used contains a GPS tracker.
No matter where we obtain the Information from, your Information is collected, held, used and disclosed by us in accordance with this policy.
How do we use your Information?
We use your Information for the purpose for which it was provided to us, other related purposes and as permitted or required by law. Such purposes include, but are not limited, to the following:
providing you with email and/or SMS confirmation of your order;
providing you with the assistance, products and/or services you have requested (this includes services and functions on a downloaded Pok Pok Docklands’ application for a smart device);
processing any orders you place with us;
determining the number of visitors to our websites and conducting reviews of our websites;
judging competitions, fulfilling prizes, awards and purchases;
keeping you informed about any changes to our websites as well as good and/or services;
conducting market research (including focus groups, panels and surveys) so that we can better understand the needs of our customers and tailor our future products and services accordingly;
conducting analyses of orders and purchasing habits so that we can better tailor the ordering experience, products and services for our customers;
sending you offers or information on products or services that we consider will be of interest to you (if you have consented to receiving such offers and information);
used to assist in the delivery of your order to your door and to verify your credit card or PayPal (available in Australia only) payment;
stored to help you remember and re-order from our menu in future; and
used to provide you with an SMS to inform you when your order is on its way or ready for pick-up from one of our stores;
requesting your feedback on our products and/or services;
responding to any complaints, enquiries and feedback;
unsubscribing your details from our databases;
sales trends analysis, stock management and sales and stock reporting;
any other purposes identified at the time of collecting your Information; and;
to prevent fraud, comply with any legal obligation or as otherwise permitted or required by law.
Sometimes we receive data from our affiliates, customers and other third parties that helps us (or them) understand our customer’s online, ordering and purchasing activity, and generally make us a better experience for our customer. For example, a customer’s order may tell us information about the customer (like what their dumplings or sides preferences are) in order to measure the effectiveness of – and improve the quality of – our customer’s ordering experience.
We may also put together data from the information we already have about a customer so we can offer and suggest a variety of products, deals or offers and features to our customer, or customize the ordering experience for the customer.
Pok Pok Docklands’and its franchisees do not store any credit card details for in-store orders.
Internet orders can be paid by cash in store, debit cards, gift voucher or e-voucher or pre-paid using PayPal (available in Australia only) or a valid credit card (which must be presented upon receipt of your order). Your credit card details are required to process payment on the internet order system however the full details are not saved once the order is processed. The credit card details we hold are: the name on the card, expiry date and the masked version of the credit card (ie first 6 digits and last 4 digits).
If you are a registered member of the online ordering system, you may have the ability to save your preferred payment method. You will be able to update this at any time by logging in to your registered account. We reiterate that your full payment details are not stored in your Pok Pok Docklands’ registered account, but rather with our partner (PCI compliant) payment gateway providers:
Braintree and PayPal.
Refer to heading ‘Third Party disclosure of your Information’ for more information about these payment gateway providers
Most vouchers carry an eVoucher number which can be redeemed via the internet ordering system. Simply enter this number on the right hand side of your screen when ordering online. This information is then processed by Pok Pok Docklands’ in order to verify and provide your discount.
Third Party disclosure of your Information
Where appropriate, Pok Pok Docklands’and its franchisees will share your Information between themselves and with other third parties, including:
to meet the purpose for which it was submitted to us or them;
our related entities, suppliers and third parties who provide services to us or on our behalf or provide a service to you (for example third parties processing your online payments, third parties providing analyses of customer ordering, IT and cloud storage service providers and processors, third party suppliers providing our SMS service and mailing houses and third parties operating certain features available from our website such an ‘adboost’ platform);
entities which you have expressly allowed us to disclose your Information to;
any entities that we or our franchisees are required or permitted by law to disclose your Information to;
if your personal Information is collected in connection with a joint promoter or service provider, to that joint promoter or service provider for marketing and research purposes;
if you use a credit card to place an order via our website, mobile site or app, your details will be passed on to our credit card processor who will receive your credit card details for such orders. Presently Paypal provide this service in Australia and Paystation provide this service in Australia. Both Braintree and PayPal are secure internet payment gateways that secure your credit card number during transmission. See https://www.paypal.com/ and https://www.braintreepayments.com/
if you use PayPal (available in Australia only) to place an order via our website, mobile site or app, your details will be received by PayPal in order to process the order. For more information on PayPal see: https://www.paypal.com/au/home;
we may share Information with agents, affiliates or service providers who act for or on behalf of us in connection with our business, or for further processing in accordance with the purpose(s) for which the Information was originally collected; and
any other third parties notified to you at the time of collecting your Information or after the collection of your Information.
Some of our related entities and third party service providers are located in countries outside of Australia (including but not limited to the Philippines, India, United Kingdom, New Zealand, United States of America, Germany, The Netherlands, France, Belgium and Ireland). Our contracts with these parties generally include an obligation for them to comply with Australian privacy law and this policy. However you acknowledge that, by agreeing to the disclosure of your Information to these entities outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas recipient’s compliance with the Australian privacy law in relation to your Information and we will not be liable to you for any breach of the Australian privacy law by these overseas recipients and, on this basis, you consent to such disclosure.
Access, accuracy and security
We will take reasonable steps to ensure that your Information that we collect and hold is accurate, complete and up-to-date. However, we rely on you to advise us of any changes to your Information to help us maintain accurate, complete and up-to-date information. Please let us know if you believe that any of your Information requires updating or correction.
You can request access to and correction of your Information that we hold at any time. Any such requests should be made directly by contacting us
We will take reasonable steps to protect your Information from misuse, loss and unauthorised access, modification or disclosure. However, no data protection or security measure is completely secure and we cannot guarantee the security of your Information, particularly in relation to online transmissions. You must take care to ensure you protect your Information (for example, by protecting your usernames and passwords) and you must notify us as soon as possible after you become aware of any security breaches.
As mentioned under the heading ‘What information we collect’, we will not collect, use or disclose any other sensitive information such as information about racial or ethnic origins or political or religious beliefs.
Clickstream Data and Advertising
Each time you visit our websites our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; and your server’s IP address.
Pok Pok Docklands’may collect this information for statistical purposes to find out how the websites is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. Pok Pok Docklands’ may use this information to evaluate and improve the websites.
If you wish to opt out of Google Analytics tracking, you can find detail on how to do so at https://support.google.com/analytics/answer/181881?hl=en.
For example, once you have placed a new order you will be offered the opportunity to personalise your order so that the system remembers it for future use. A cookie will be set on your machine that enables us to recognise your computer when you return to order your favourite dishes next time.
With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your Browser instructions or help screen to learn more. If you disable all cookies, you may not be able to take advantage of all the features of our sites.
Links to other sites
How to stop receiving communication from us
To stop receiving the SMS service, follow the instructions contained in the Checkout SMS selection.
To stop receiving any email correspondence from us, simply click on the link to unsubscribe.
To remove your details from any of our marketing and communication databases simply email the Privacy Officer at PRIVACY@POKPOKDOCKLANDS.COM.AU.
These Terms & Conditions of Use apply to all users of the Pok Pok Docklands’ website. The Pok Pok Docklands’ website may include content, information or links to third parties or third party websites. By accepting these Terms & Conditions of Use you agree to hold harmless and relieve Pok Pok Docklands’ from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
YOUR ACCESS TO THE WEBSITE
Pok Pok Docklands’ hereby provides its permission for you to access its website in accordance with these Terms & Conditions of Use, provided that (1) your use of the website is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose, and (3) you will otherwise comply with the Term & Conditions of Use.
You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the Pok Pok Docklands’ website or online ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers” and the like. Notwithstanding the foregoing, Pok Pok Docklands’ grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pok Pok Docklands’ reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information from the website or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the website with respect to their submissions to the website.
INTELLECTUAL PROPERTY RIGHTS
The website contains many valuable trademarks owned and used by Pok Pok Docklands’ and its subsidiaries, Master Franchisor, affiliates and related entities throughout the world. These trademarks are used to distinguish Pok Pok Docklands’ quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Pok Pok Docklands’.
The text, graphics and Pok Pok Docklands’ html code (including flash files and java script) contained in the website are the exclusive property of Pok Pok Docklands’, its affiliates or related entities. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of Pok Pok Docklands’.
The website may link to sites not maintained by or related to Pok Pok Docklands’. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or Pok Pok Docklands’. Pok Pok Docklands’ has not reviewed the sites hyper-linked to or from this website and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Pok Pok Docklands’ makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, Pok Pok Docklands’ does not implicitly endorse third-party sites hyper-linked to this website.
The content on the Pok Pok Docklands’ website, except all User Submissions (as defined below), including, without limitation, the text, software, scripts, graphics, photos, images, concepts, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Pok Pok Docklands’, subject to copyright and other intellectual property rights under Australian (as applicable) and international conventions. Content on the website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Pok Pok Docklands’ reserves all rights not expressly granted in and to the website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
The Pok Pok Docklands’ website, application/s or software may now or in the future permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Once the User Submissions are submitted to our website or through social media managed by Pok Pok Docklands’, the submissions become property of Pok Pok Docklands’. You understand that whether or not such User Submissions are published on the website, Pok Pok Docklands’ does not guarantee any confidentiality with respect to any submissions. You agree that Pok Pok Docklands’ may publish your name and submissions on the Pok Pok Docklands’ website, Pok Pok Docklands’-managed social media, advertising, print material or in any other press releases of media items.
In connection with your own User Submissions, you affirm, represent and warrant that:
you own or have the necessary licenses, rights, consents and permissions to use and authorise Pok Pok Docklands’ to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and Terms & Conditions of Use; and
you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Pok Pok Docklands’. By submitting the User Submissions to Pok Pok Docklands’, you hereby grant Pok Pok Docklands’a perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and the Pok Pok Docklands’ business, including without limitation for promoting and redistributing all or part of the website (and any derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the website under these Terms & Conditions of Use; and
in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pok Pok Docklands’ all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Pok Pok Docklands’ or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Pok Pok Docklands’ does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Pok Pok Docklands’ expressly disclaims any and all liability in connection with User Submissions. Pok Pok Docklands’ does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Pok Pok Docklands’ will block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. Pok Pok Docklands’ reserves the right to remove content and User Submissions without prior notice.
Pok Pok Docklands’ may also terminate, without notice, a user’s access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. Pok Pok Docklands’ also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Pok Pok Docklands’ may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms & Conditions of Use at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
ONLINE ORDERING VIA THE WEBSITE AND APPLICATIONS
In making the Pok Pok Docklands’ online ordering system (website and applications) available for use, Pok Pok Docklands’:
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);
in its capacity as agent, collects and processes any online payments and remits this amount to the store from which the products or services are provided;
does not (except where you order from a Pok Pok Docklands’ corporate store) provide you with any goods or services;
makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
does not guarantee that the website, applications and online ordering system will be error-free or that any errors will be corrected. Pok Pok Docklands’ does not guarantee that the website, applications or online ordering system will be free from viruses or other harmful components and you agree to hold harmless Pok Pok Docklands’ from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering; 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 Pok Pok Docklands’ online ordering system (whether via the website or an application) you:
acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;
acknowledge that you contract with the individual store from which you order and not Pok Pok Docklands’ (except where you order from an ILOVEDUMPLINGS owned store) and therefore you have no claim, recourse or action against Pok Pok Docklands’ whatsoever (except where you order from an ILOVEDUMPLINGS owned store); and
indemnify Pok Pok Docklands’ from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.
Food Allergy Notice
Dear customers, Please be advised that our menu items may contain allergens. If you are allergic to any foods or ingredients, please DO call us or leave comments .Pok Pok Docklands x HAOYU PTY LTD will assume no liability for any adverse reactions that may occur.
Most Pok Pok Docklands –HAOYU PTY LTD coupons carry an eCoupon number which can be redeemed via the Pok Pok Docklands –HAOYU PTY LTD internet ordering system. Simply enter this number on the coupon session of your cart/checkout when ordering online. This information is then processed by Pok Pok Docklands’ in order to verify and provide your discount.
Membership Pok Pok Docklands’ electronic communications database which our customers may join by opting-in. During your order via the Pok Pok Docklands –HAOYU PTY LTD internet ordering system, you will be asked if you would like to become a VIP club member. To become a member you need to tick the box electing to become a VIP club member.
You may also provide your personal information to join as a member at the point-of sale in store, through the front page of our websites, sign up in store or via a sign up form online or otherwise.
The database is utilised to send emails containing information such as promotions, targeted offers (including third party suppliers/partners), survey information, user feedback, value offers, news and competitions to subscribers (Members). Members also have the choice to opt-in to receive communication (including commercial messages and order confirmations) via SMS and, if they opt-in to this service, Pok Pok Docklands’ may send offers and deals via SMS to these members from time to time. Members are able to opt-out from receiving further email communication or SMS at the bottom of each member email and SMS.
Pok Pok Docklands’Online Ordering membership
You may provide your personal information, through Pok Pok Docklands’Online Ordering (via the website) to become a registered member of the online ordering system. As a registered member you will be able to save information such as your previous orders and payment details in order to improve (and speed-up) your future ordering experience with us.
You agree to defend, indemnify and hold harmless Pok Pok Docklands’, 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 & 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 Pok Pok Docklands’.
ABILITY TO ACCEPT TERMS & CONDITIONS OF USE
You affirm that you are either more than 18 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 & Conditions of Use, and to abide by and comply with these Terms & Conditions of Use.