Terms of Service

These Terms govern your use of divergentkitchen.com.au, our online ordering service, our reservation service, our gift card service, and our restaurants operated under the Divergent Kitchen brand by [to be confirmed by the venue] ([to be confirmed by the venue]) ("we", "us", "our").

By using this site or placing an order, you agree to these Terms. If you do not agree, please do not use the site or order from us.

1. Who we are

[to be confirmed by the venue] is an Australian company registered in Victoria. Our registered office is Level 1, 120 Gertrude St, Fitzroy VIC 3065.

2. The service

We sell food and beverages prepared in our restaurants for pickup, delivery, and dine-in, and we accept reservations. We may sell gift cards, catering services, and related products and services.

3. Orders

• All orders are subject to acceptance by us. We may decline an order in our discretion (for example, if the kitchen is at capacity, the delivery zone is unavailable, or the order appears fraudulent).
• Once we accept your order, a contract is formed and payment is taken.
• Pricing displayed on the site is GST-inclusive. Surcharges (weekends 10%, public holidays 15%) are itemised at checkout.
• Pickup orders may be edited within 2 minutes of placement; after that, please call the branch.
• If a dish is unavailable after we accept your order, we will offer a substitute or a refund.

4. Australian Consumer Law guarantees

Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to:

• A replacement or refund for a major failure.
• Reasonable compensation for any other reasonably foreseeable loss or damage.
• Repair or replacement if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms limits these consumer guarantees.

5. Reservations

• Bookings can be made up to two weeks in advance.
• Cancel up to 4 hours before the booking at no charge. After that, $25 per person applies, charged to the card on file.
• For parties of 8 or more, please email events@divergentkitchen.com.au.

6. Gift cards

• Gift cards are valid for 3 years from the date of purchase, as required under the Treasury Laws Amendment (Gift Cards) Act 2018.
• Gift cards are not redeemable for cash.
• Lost or stolen gift cards may be replaced if proof of purchase is available.
• Refunds within 14 days of purchase, if unused.

7. Payments

• We accept Mastercard, Visa, American Express, Apple Pay, and Google Pay.
• Payments are processed by Stripe Payments Australia Pty Ltd.
• All prices are in Australian Dollars (AUD), GST-inclusive.
• We never see or store your full card details.

8. Delivery

• We deliver within 6km of each branch, subject to availability and our zone map.
• Riders are our employees, paid hourly, not by the drop.
• If food arrives cold or otherwise unacceptable, contact us within 30 minutes and we will remake or refund.

9. AI features

We provide an AI-powered "menu concierge" to help you choose what to order. Conversations are deleted after 7 days. The concierge cannot place an order without your explicit confirmation. We do not store conversation content beyond the 7-day window and we do not link conversations to your account or to advertising.

10. Intellectual property

The site, the brand "Divergent Kitchen", our recipes, photography, copy, and design are owned by us. You may not copy, modify, or commercially exploit any part of the site without our written consent. Personal, non-commercial use is fine.

11. Acceptable use

You agree not to:

• Misuse the site (e.g. introduce viruses, attempt unauthorised access);
• Place fraudulent orders;
• Resell our products without our written consent;
• Abuse staff, riders, or fellow guests.

12. Liability

To the maximum extent permitted by law, our liability for any breach of these Terms or any loss arising from your use of the site or our services is limited to:

• For goods, replacement of the goods or the cost of replacement;
• For services, re-supply of the services or payment of the cost of re-supply.

Nothing in this clause limits your statutory rights under the Australian Consumer Law.

13. Privacy

How we handle your personal information is described in our Privacy Policy.

14. Changes to these Terms

We may update these Terms from time to time. The "last updated" date at the top reflects the latest version. Material changes will be communicated by email to account holders.

15. Governing law

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

16. Contact

[to be confirmed by the venue] Level 1, 120 Gertrude St, Fitzroy VIC 3065 hello@divergentkitchen.com.au (03) 000 0000