Terms of Use

The following website Terms of Use include these Terms and Conditions and the Privacy Policy that applies to this website, which is operated by Restaurant Pty Ltd (ABN 99 999 999 999) and their related bodies corporate (collectively “Restaurant Pty Ltd”) at www.restaurant.com.au  and www.restaurant.com.au (“Website”).

You must ensure that you read, understand, and abide by the Terms and Conditions of this Website. By accessing, viewing, or otherwise using the Website you agree to accept and be bound by these Terms of Use in accordance with the conditions set out below.

We reserve the right to update and/or modify these Terms of Use at any time without notice, and such updates and/or modifications will take effect when they are posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.

User conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

In accessing this Website, you must not:

Interfere with or disrupt the Website or any services, system resources, accounts, servers, or networks linked to or accessible via this Website or linked websites;

Disrupt or interfere with any other user’s enjoyment of this Website or linked websites;

Without our express prior written consent, you may not use any robot, spider, other automatic devices, or manual process to monitor, copy, or extract any web pages on the Website or any of the Content.

Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;

You can’t try to figure out the source code or any other math formula for the software that makes up the infrastructure and processes of the website.

Use the Website to circumvent computer network security, crack passwords or security encryption codes, or transfer or store illegal material, including material deemed threatening or obscene.

Infringe on any third party intellectual property rights (including, without limitation, copyright, trademarks, patents, trade secrets, and confidential information), fraud, child pornography, obscene material trafficking, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, virus transmission, or other harm through the use of the Website.

Attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or

Post or transmit any defamatory, derogatory, or offensive material or publications to or through this website.

As soon as we give you a password to some parts of this website, you are entirely responsible for any use of the website that comes from this access, whether or not it was authorized.

You must comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents, and contractors) harmless from any third-party claim, action, demand, loss, or damages arising out of or relating to your conduct (including sending any defamatory, derogatory, or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your violation of any third-party rights.

Intellectual Property

All materials and information on this Website including without limitation any photographs, logo, design, text, graphics, and trademarks (“Content”) are licensed to or owned by Restaurant Pty Ltd and are protected by copyright, trademark, and other intellectual property laws. Any such Content may be displayed solely for your personal and non-commercial use provided that any copyright notice on such a display or page is not removed. You agree not to alter, modify, add, copy, reproduce, sell, distribute, republish, download, display, post or transmit the Content to any third parties in any form or by any means including but not limited to electronic, mechanical, or otherwise without our express prior written consent.

Aside from the foregoing, and unless expressly stated, Restaurant Pty Ltd does not grant any license or right in, or assign all or part of its intellectual property rights in, the content or applications incorporated into the Website or the Website’s user interface.

Submissions

You acknowledge and agree that any material you send to us on or via the Website or if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title, and interests in and to such contributions to us.

This includes any data, feedback data, questions, ideas, comments, suggestions, or other information (collectively “Feedback“) and will be deemed to be non-confidential and non-proprietary unless it is indicated to be otherwise. We will be entitled to use any such Feedback which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

Third-party websites and links

We may provide links on this Website to the websites operated, controlled, or produced by third parties. Restaurant Pty Ltd does not have control over and does not monitor these third-party websites or their content nor does Restaurant Pty Ltd provide any warranty or take any responsibility whatsoever regarding the accuracy, completeness, or suitability of the third party website, its products, or services. A link to a third-party website does not mean that we endorse the content of that website. Your access to third-party websites will be governed by their own terms of use.

We may receive fees, commissions and/or rebates from third parties for goods and services detailed on the Website or accessible through a hyperlink on Website. You acknowledge and consent to us receiving such amounts.

You may not create a link to this Website from another website or document without our prior written consent.

Privacy

The Restaurant Pty Ltd  Privacy Policy applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed here.

Warranties and disclaimers – Limitation of liability

While Restaurant Pty Ltd makes every effort to prepare and maintain the information on this Website with reasonable care, we do not guarantee the accuracy, reliability, adequacy, completeness, or otherwise of any of the Website Content. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material and information you seek to rely upon. We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruptions to service which prevents you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it.

To the maximum extent permitted by law, we and our related bodies corporate, directors, officers, employees, agents, and contractors exclude all liability arising out of or in connection with the Website Content and the use or performance of the Website to you or any other person for any losses, damages, liabilities, claims, and expenses whatsoever, whether direct, indirect, or consequential, and including loss of business profits, except to the extent that the loss or damage is directly caused by Restaurant Pty Ltd’s fraud or wilful misconduct.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under Australian Consumer Law, our liability under the consumer guarantees that cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election and in our sole discretion):

• Replacing or repairing goods;
• Reimbursing you for repairing or replacing goods;
• Re-supplying services; and
• Reimbursing you for paying someone else to supply services.

The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:

• Constitute an offer or inducement to enter into a legally binding contract; or

• Form part of the terms and conditions for our products and services;

The Content and this Website are provided “as is” and “as available”. Your use of this Website including all Content, data, or software distributed by, downloaded, or accessed from or through this Website is at your own risk.

Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend, or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Service that, by their nature, should survive termination, including, without limitation, ownership provisions, disclaimers, indemnities, and limitations of liability, shall survive termination.

If any parts of these Terms of Use are deemed unlawful, void, or for any reason is unenforceable, then that provision may be severed from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

Waiver

No waiver of our rights under these Terms of Use by us shall be deemed a waiver of any other term or provision, and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Severability

If any parts of these Terms of Use are deemed unlawful, void, or for any reason is unenforceable, then that provision may be severed from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

Confidentiality

We do not guarantee that your use of this Website will be confidential. We are not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website. Any information you provide on this website:

May be used by Restaurant Pty Ltd, its agents, and contractors in relation to the provision of services promoted, explained, or contained on this Website, including the marketing of those services.

May not be secure during its transmission over the Internet. Third parties may be able to intercept transmissions which make when using this Website.

Currency

A reference to “$” or “dollars” throughout this Website is a reference to Australian currency unless stated otherwise.

Applicable law

This Website and the Content are provided for use by Australian residents only. These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. You hereby irrevocably and unconditionally agree to submit to the jurisdiction of the courts of NSW, Australia, and you agree not to fight in them.