Terms & Conditions

Our Website

The SLIM’S QUALITY BURGER website located at http://www.slimsqualityburger.com (the “Website”) is owned, controlled and operated by MBSN Pty Ltd (ABN 18 638 843 277) of Level 5, 85 Macquarie Street, Hobart TAS 7000 as defined in section 50 of the Corporations Act 2001 (Cth) (“we”, “our”, “us” or “Slim’s Quality Burger”).

By using this Website, you agree to comply with and be legally bound by the terms and conditions of use set out below (“Terms of Use”). We may change these Terms of Use at our discretion and without notice. By continuing to use this Website you accept, and agree to abide by, those amended Terms of Use.

The Purpose of Our Website

The purpose of this Website is to provide information to you about Slim’s Quality Burger including its goods, services, store locations, menu, promotions and other information.

Relying on our Website

The Website has been created to provide general information to users. Whilst we will make every effort to provide you with up-to-date information, we do not guarantee the accuracy, completeness, reliability or timeliness of the Website. You acknowledge and agree that your use of the Website is on an “AS-IS” basis. Slim’s Quality Burger reserves the right to perform maintenance of the Website without notice to you.

Our Intellectual Property Rights

Unless otherwise indicated, we own all rights, title and interest in the copyright and other intellectual property rights contained in the Website, in the structure of the Website as well as its look and feel (collectively the “Intellectual Property Rights”). All components of the Website including text, graphics, photographs, font, logos, videos, menus, domain names, service marks, trade marks, information, designs, source code and data (“Content”) have been specifically created by and/or for Slim’s Quality Burger and as such are the exclusive property of Slim’s Quality Burger.

You may browse the Content for personal use and non-commercial use only. You must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of this Website or the Content for any other purpose.

All trade marks appearing on this Website are the exclusive property of Slim’s Quality Burger and are formally registered in various territories including Australia.

Third party links

This Website may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.

Prohibited Acts

You must not access or use the Website (a) in a way that violates these Terms of Use; (b) for unlawful activities or purposes; (c) in a way that is fraudulent, defamatory, inaccurate, false, misleading or deceptive; (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws); (e) in a way that infringes the rights (including the Intellectual Property Rights, as defined below) of any other person OR (f) via the use of automated scripts or ‘bots’.

Liability

Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and to the full extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content.

You agree that are on notice of our disclaimer of warranties and limitation of liability set out above and agree to these disclaimers and limitations as a condition of using the Website.

Indemnity

You indemnify us against any loss or damage we suffer (including any claim made by a third party) arising from or in connection with your breach of these terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of any third party.

You further agree to indemnity and hold Slim’s Quality Burger harmless from any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against Slim’s Quality Burger by you or any third party due to or arising out of, or in any way connected to your access and/or use of the Website.

Your use of the Website may involve submitting your personal information via a form, registration process or other communication. Where applicable, we will collect your Personal Information subject to our Privacy Policy (link), governed by the Australian Privacy Principles. By using the Website, you hereby agree to the terms of this Privacy Policy. If you do not agree to the terms of the Privacy Policy, you should immediately cease to use the Website.

Governing law

These Terms of Use are to be governed by and construed in accordance with the laws of the State of New South Wales, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions.

Slim’s Quality Bucks Instagram Competition

TERMS & CONDITIONS

1. Information on how to enter the Competition and the entry registration process forms part of these terms and conditions of entry and is the property of the Promoter. Entry into the Competition is deemed acceptance of these terms and conditions.

2. The name of the Competition is the “Slim’s Quality Bucks Instagram Competition”.

3. The Promoter of the Competition is MBSN Pty Ltd (ABN 18 638 843 277) of Level 5, 85 Macquarie Street, Hobart TAS 7000 (“the Promoter”).

4. To enter the Competition, entrants at the time of entering must be over the age of 18, legal residents of Australia and have a valid and operating Instagram account, a valid and operating email account, and a valid and operating Slim’s Quality Burger loyalty program account. Employees and their immediate families of the Promoter and its related entities and agencies connected with the Competition are not eligible to enter.

5. The Competition will commence on Wednesday 12 October 2022 and entries will close at midnight on Tuesday 18 October 2022 (“the Competition Period”). All times in these terms and conditions are expressed as the local time in Sydney, New South Wales, Australia.

6. To enter the Competition, an entrant must follow the Slim’s Quality Burger Instagram account (www.instagram.com/slimsqualityburger) with a valid and operating Instagram account, like the Competition post, and comment in the Competition post by tagging another a valid and operating Instagram account and answering the game of skill question (“Competition Post”).

A Competition Post is a post made by the Slim’s Quality Burger Instagram account during the Competition Period relating to the Competition.

7. Entrants are permitted to submit unlimited entries during the Competition Period.

Entrants must ensure their privacy settings on their Instagram accounts are set to “public” so that the Promoter can validate the operating Instagram account.

8. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. All inaccurate and/or incomplete entries will be deemed invalid.

9. This Competition is a game of skill, chance plays no part in determining the winner and each valid entry will be selected through a committee made up of Promoter employees.

10. A random draw will be held at Thursday 20 October 2022 at the Promoter’s creative offices at 114 Brougham Street, Potts Point NSW 2011. One (1) entrant will be chosen to receive a 500 Slim’s Quality Bucks (“Prize”).

11. One (1) Prize will be awarded in total. The total prize pool is valued at up to $500. The Prize is not transferable and cannot be redeemed for cash. Prize must be taken as described and no compensation will be payable if the winner is unable to use the Prize as described. There is a limit of one (1) Prize per entrant.

12. The winners will be notified via Instagram direct message by close of business within two days after the draw and maybe announced via the Slim’s Quality Burger Instagram Account and/or the Slim’s Quality Burger Facebook Account. In the event that for any reason whatsoever a winner does not respond to the Prize notification within three (3) months, then the Prize will be forfeited by the winner. The unclaimed Prize may then be redrawn by Promoter selection after three months and one day after initial contact with an initial winner at the same time and place as the initial draw and any subsequent winner will be notified via email and maybe announced via the Slim’s Quality Burger Instagram Account and/or the Slim’s Quality Burger Facebook Account. Each winner will be required to provide a valid and operating Slim’s Quality Burger loyalty program account for the Promoter to send the Prize.

13. All entries become the property of the Promoter. Each entrant warrants that he/she/they has the right to transfer these rights to the Promoter, and that each submitted entry does not infringe the rights of any third party.

14. Each entrant warrants and represents that his/her/their entry to the Competition:

a. is comprised of the entrant’s sole and original work and that any consents or approvals required from any third party in respect of the entry have been obtained;

b. does not contain any computer viruses or any other harmful code of any kind;

c. does not infringe the intellectual property or other rights of any entity and that use of the entry by the Promoter as contemplated by these terms and conditions will not infringe the intellectual property or other rights of any entity; and

d. does not contain or link to any material which may in any way bring the Promoter or its related entities into disrepute, including any content which is sexually explicit or indecent, depicts dangerous or illegal acts, contains confidential information or personal information belonging to others or any content of any kind whatsoever which is unlawful, harmful, threatening, harassing, defamatory, misleading or otherwise objectionable.

15. Each entrant licenses and grants the Promoter, its related entities and affiliates a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display any entries (or part thereof), without any notice, for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants further agree not to assert any moral rights in relation

to such use and warrant that they have the full authority to grant these rights. The Promoter is not responsible for any error, deletion, defect, delay, unauthorised access to, or alteration or non-receipt of an entrant’s communications or entries.

16. The Promoter’s decision in relation to any aspect of these terms and conditions and the Competition is final and binding on every person who enters. No correspondence will be entered into.

17. Each entrant warrants that he/she/they have the consent of any recognisable person displayed in an entry and that such person accepts that the entry will be treated in accordance with these terms and conditions.

18. The Promoter reserves the right to request winners to provide proof of identity, proof of age, proof of residency at the nominated Prize delivery address and/or proof of entry in order to claim a Prize. Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will be disqualified and will forfeit the Prize in whole and no substitute will be offered.

19. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions of entry or who has, in the opinion of Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

20. Once Prizes have left the Promoter’s or its agent’s premises, no responsibility is accepted for Prizes damaged, delayed or lost in transit. All prices stated are in Australian dollars and include GST.

21. Should an entrant’s contact details change during the Competition, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

22. The: (a) Promoter, the Promoter’s related entities and all agencies associated with the Competition; and (b) the employees, agents, directors and contractors, of all entities referred to in paragraph (a) above, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Competition or the acceptance or use of a Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia. Without limitation on the foregoing, the Promoter is not responsible or liable for any costs, loss or damage arising out of any incorrect or inaccurate information, or information provided by the entrant, any variation in Prize value to that stated in these terms and conditions, any tax liability incurred by a winner or entrant, any costs whatsoever associated with use of the Prize or for any technical error, or any combination thereof that may occur in the course of the administration of the Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

23. If for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any written direction given under applicable regulation and, where necessary, with the approval of any relevant authority.

24. In the event that the Prize is unavailable despite the Promoter’s reasonable endeavours to procure it, the Promoter reserves the right to substitute a different prize of equal or greater value.

25. Any costs associated with entering the Competition and using the Prize are the responsibility of the entrant.

26. Collection, use and disclosure of information: The Promoter (“we”, “us”) collects the information that the entrant (“you”) choose to provide to us for the purpose of conducting this Competition (which may include disclosure to third parties for the purpose of processing and conducting the Competition). For websites you visit in connection with us, the collection, use and management of your personal information while visiting the websites may be governed by additional privacy policies and terms and conditions. You should consult the website and its host for more details. If you have any questions in relation to privacy, or to access, update and/or change your personal information or to obtain a copy of the Promoter’s privacy policy, please contact us at the address given below or by emailing XXX during business hours.

27. Prizes and participation in the Competition are subject to any conditions imposed by the supplier or organiser of the Prizes, as applicable, including but not limited to any conditions stipulated by a supplier of a voucher. Without limiting any other clause in these terms and conditions, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of the Prize and will not accept responsibility for the quality or fitness for any purpose of any element of the Prize, or the failure of any element of the Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter is the minimum allowable by law.

28. Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by or associated with any other social media platform whatsoever including but not limited to Instagram. Any information provided as part of the Competition is provided to the Promoter and not to the relevant social media platform. Entry into the Competition is deemed acceptance of the terms and conditions of any relevant social media platform. Entrants completely release any

relevant social media platform including but not limited to Instagram from any and all liability in connection with this Competition.

29. Each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Competition has given their implied or express consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this Competition.

30. The Competition is governed exclusively by the laws of Australia.

31. Without limiting any other clause of these terms and conditions, the Promoter may at its discretion amend any aspect of the Competition or of these terms and conditions, subject to applicable laws and subject to the approval of the relevant authorities, if required. All decisions by the Promoter are final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.