For purpose of this Agreement the terms “we”, “us” or “our”, refer to the Company, Site and App, used interchangeably. When you use the service available on the Site or the App, you consent to our collection, use, and disclosure of information about you as described in this Agreement.
This Agreement is effective from 4/30/2019 and continues until revoked by the Company.
1. YOUR PRIVACY IS IMPORTANT TO US
1.1 Your privacy is important to you and to us. We’ll protect the information you share with us. To protect your privacy, the Site follows different principles in accordance with worldwide practices for customer privacy and data protection.
1.2 We at the Company are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. For purpose of this Policy, Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or home. In general, you can visit the Site’s web pages without telling us who you are or revealing any Personal Information about yourself. If however, Personal Information is revealed to us, we won’t
1‘User’ shall have the same meaning as defined under Section 2 (1) (j) of the Information Technology (Intermediaries Guidelines Rules, 2011). Per the said Rules, user means any person who accesses or avails any computer recourse of intermediary for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the computer recourses of an intermediary.
sell or give away any content of your Personal Information to anyone except people who may be involved in the delivery of Service.
2. information we collect and how we use it
2.1 When you visit the Site or use our Service, we collect and store information about you, your computer or mobile device and your activities. This information may include, but is not limited to:
2.2.1 Your computer’s IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system).
2.2.2 Your mobile device’s unique ID number (when available), your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically).
2.2.3 Your provided full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. You may optionally provide us with this information through third party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
2.2.4 How long you visited our service and which features you used.
2.2.5 We gather information from members and guests who apply for the various Services that our site offers. It includes, but may not be limited to, email address, first name, last name, a user-specified password, e-mail Id, mailing address, zip code and telephone number or fax number. We collect information primarily to ensure that we are able to fulfill your requirements and to deliver personalized experience.
3.1 To register as a member of the Site, you must be of sound mind. By using this Site, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from availing our Services. You also agree to abide by all of the terms and conditions of this Agreement. If at any time the Company is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, the Company reserves the right to forthwith terminate your subscription and / or your right to use the Service, without any refund to you, for any of your unutilized subscription fee, if any.
3.2 User and Service Provider represents that they are not minors (16 or above) and are not persons with any criminal record nor barred by the government from receiving any services under any law in India. User and service provider agree to the following:
• Provide accurate, current, true and complete information about them while registering on our Website or App.
• Maintain and promptly update your profile and registration data to keep it accurate, true, current and complete.
3.3 Under an event of information being found incomplete, false or inaccurate, we reserve the right to delete, terminate or deactivate your account without any notification or intimation and refuse any current or future use of our Website and/or App.
3.4 When you register on our Website and/or App, you will be required to choose a username and a password. You are responsible for maintaining the confidentiality of your password and account information. You must immediately notify us of any unauthorized use of password or account or any other security breach.
3.5 You are liable for maintaining the confidentiality of any login information associated with any account you use to access the Services or resources, and thus you are also responsible for all activities that occur on your account. You will be solely responsible for any consequences, losses, or damages that the Company may directly or indirectly incur or suffer due to any illegal or unauthorized activities conducted by you or person engaged by you.
4. PROPRIETARY RIGHTS AND TRADEMARKS
4.1 The Site contains copyright material, trademark and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. All proprietary material displayed on the Site or provided on demand, is copyrighted as a collective work either owned by the Company or licensed from a third party.
4.2 The Company owns copyright in the selection, coordination, arrangement and enhancement of such proprietary material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
5. DISCLAIMER AND LIABILITY
5.1 User and service provider expressly agree that use of Services is at their sole risk. Neither the Company its affiliates nor any of its respective employees, agents, service providers, third party agents warrant that the Company’s Services will be uninterrupted, faulty or error free. The Company makes no representations about the accuracy of the information contained in the material provided and graphics on this Website for any purpose. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, shall the Company be liable to any party for any direct, indirect, special or other consequential damages for any use of the Services, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Company is expressly advised of the possibility of such damages. The Company is not responsible for any incorrect or inaccurate content provided to the user or service provider whether on the Site or otherwise. The user and service provider must use its discretion before availing Services of the Company.
5.2 User and service providers agree and assure to not hold the Company, its employees, agents, directors, officer bearers, managers, investors, donors, and licensors responsible, for and against all losses, whether financial, intellectual, mental, physical (including misuse of debit / credit card and online banking facilities) or otherwise, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of the Site or Services. Despite regular controls the Company is not liable for any mishap or misuse of financial or personal information of the service provider. We reserve the right to be indemnified for the above mentioned. In such event, user shall provide us with such cooperation as is reasonably requested by us.
5.3 The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and Subscribers or to any other person’s computer related to or resulting and/or in connection with the Company’s service. The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content of study material made available to subscribers.
5.4 The Company does not warrant or guarantee that the information contained on the Site is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omission, whether such errors or omissions result from negligence, accident or any other cause. Before availing Services, user discretion is advised. The Company further assumes no liability for the interpretation and/or use of the information contained on this Site, nor does it offer a warranty of any kind, either expressed or implied. Also, we do not guarantee that the use of our Services, resources and/or information provided on the Site will meet your needs or requirements. We do not also guarantee that the information obtained by using our Services will be accurate.
5.5 The Company makes no commitment to update the information or materials on this Website which, as a result, may be out of date. Neither us, nor our officers, directors, employees, agents or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information provided by us. The Company reserves the right to revise these terms at any time. User is responsible for reviewing this page from time to time to ensure compliance with the then current terms and legal restrictions because they will be binding upon them.
5.6 Force majeure: the Company will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the Company within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
6.1 User and service provider shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Website and all charges related thereto shall be borne by the concerned parties.
6.2 The Company will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by user or service provider as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.
7. Disclaimer of warranty and limitation of liability
7.1 Users expressly agree that use of the Website / App is being used at his / her sole risk. Neither us nor our affiliates, employees, directors, partners, agents, third party content providers or licensors warrant that the Website / App will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website / App, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website / App.
7.2 The Website / App is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
7.3 Notice of liability: despite regular controls we are not liable for any negligence at our hands, should one occur. The said user is himself fully responsible for his / her respective usage.. Please contact us if you notice pages with illegal or immoral content. The legal information in this Agreement also applies to our social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like.
7.4 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that we are not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
7.5 In no event will we or any person or entity involved in creating the Website and Mobile Application be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Website / App. User hereby acknowledges that the provisions of this section shall apply to all content on the Site and our Mobile Application.
7.6 In addition to the terms set forth above neither we nor our affiliates, suppliers or vendors shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the Website / App, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
7.7 This User Agreement template is not legal advice and by using them you agree to this disclaimer. The content of this document is for informational purposes only and does not constitute advertising, a solicitation or legal advice. Its recommended that you should take independent legal advice before publishing this agreement on your site or mobile application. You should read the information with care and modify, delete or add all and any areas as necessary. Use of, access to or transmission of such materials and information or any of the links contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship between us and the user. The information contained is provided only as general information and may or may not reflect the most current legal developments; accordingly, information is not promised or guaranteed to be correct or complete. We expressly disclaim all liability in respect to any actions taken or not taken based on any or all of the contents of this content.
7.8 Disclaimer of Content: Every effort has been made to ensure that the information contained in this Site / App is accurate and true. The content of the Site / App is believed to be correct at the time of compilation. However, the Company makes no representations or warranties about the content and suitability of the information contained herein for any purpose. The Company, its servants, agents and employees disclaim all liability for the accuracy, completeness, or usefulness of any information, apparatus, products or process disclosed and for any error or omission therein.
9.1 You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. Even though the Company does everything in its hand to protect both your information and financial transaction details, the Site is not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on out Site.
10. MEMBER ACCOUNT, PASSWORD, AND SECURITY
10.1 Since the Services require user and service provider to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that user may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using user’s account or password.
11. PAYMENT SECURITY
11.1 The Site has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
11.2 Since this is an intermediary and an ‘information only site’, we do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our website or online payment gateway service providers (“OPGSPs”), listed on the Site, you must ensure that you agree to the terms and conditions of the said OPGSPs agreement. The Company shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.
12.1 All comments, feedback, information or materials submitted to the Company through or in association with our Website shall be considered non-confidential and Company’s property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to the Company of worldwide rights to use, copy, modify, display and distribute the submissions. The Company may use such comments, information or materials in any way it chooses in an unrestricted basis. Users are welcome to provide candid feedback to us.
When you visit our Site, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our Service. Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the Site may not function properly. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various sites so that they can display targeted advertisements.
14. General Provisions and termination
14.1 If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the Site.
14.2 You agree that we may, at our sole discretion, permanently or temporarily suspend or terminate your access to all or parts of the Site and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement, and/or any suspected illegal and/or fraudulent or abusive and/or competitive activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site will immediately cease.
IN WITNESS WHEREOF, all users, visitors and service provide agree that they have read this document and agrees to be bound by them for as long as they continue to either use the Site or avail Services of the Company.
Terms of Service
Town Around Pty Ltd (ABN 18 622 106 576) a body corporate established under the Corporations Act 2001 (Cth) with registered address at 8A Monterey Street, Nollamara 6061, Western Australia (“Town Around”, “we”, “our”, or “us”) is the provider of online services via our Platform which allows customers to sign up and place Orders to reserve table seating at various restaurants for dining services, to place Orders for food or other products, to place Orders for static pricing Product Delivery services or to place Orders for dynamic pricing services such as tradesmen, IT services, graphics services, administrative services, handyman services, cleaning services, removalist services, gardening services and photography services;
Various restaurant partners (“Restaurants”) operate restaurants and take away businesses and provide customers with restaurant services, food and drinks, and the ability to place Orders to reserve table seating or obtain takeaway food and drinks by utilising our proprietary technology either through our website www.townaround.com.au, our applications or other platforms, or any other related equipment or software (together the "Platform");
Various product delivery providers (“Product Delivery Providers”) operate convenience delivery services and provide customers with the ability to place Orders to request Product Delivery services by utilising our proprietary technology either through our website www.townaround.com.au, our applications or other platforms, or any other related equipment or software (together the "Platform");
Various service providers (“Service Providers”) provide IT services, graphics services, administrative services, handyman services, cleaning services, removalist services, gardening services and photography services and related services and provide customers with the ability to place Orders to request such services by utilising our proprietary technology either through our website www.townaround.com.au, our applications or other platforms, or any other related equipment or software (together the "Platform"); and
Customers (“you”) may access the Platform by registering an account and thereby communicate Orders to Restaurants, Product Delivery Providers and Service Providers.
We provide an online web application (the Platform) for Restaurants, Product Delivery Providers and Service Providers who have registered and who pay Applicable Rates to Town Around to manage reservations, table inventory, food and product delivery, service bookings and customer contact information from a web-enabled device and we provide the Platform to you as a fast, friendly way to search and reserve restaurant tables, order takeaway food and drinks, order various convenience products to be delivered and book various trades and other services from a web-enabled device.
TOWN AROUND DOES NOT ITSELF SELL ANY FOOD OR DRINK PRODUCTS, PROVIDE ANY RESTAURANT DINING SERVICES, CONDUCT PRODUCT DELIVERY SERVICES OR OTHER TRADE SERVICES AND IS NOT A PARTY TO ANY TRANSACTION OR ANY AGREEMENT THAT YOU MAY MAKE WITH A RESTAURANT, PRODUCT DELIVERY PROVIDER OR SERVICE PROVIDER BY PLACING ORDERS USING TOWN AROUND’S PLATFORM.
By accessing any part of the Platform, you indicate that you accept these Terms of Service and any terms imposed by our partners where clearly indicated. If you do not accept these Terms of Service, you should leave the Platform or website immediately, and you should cease ordering any products through the Platform.
The Parties agree as follows:
DEFINITIONS AND INTERPRETATION
In this Agreement, the following expressions have the following meanings when they commence with a capital letter:
Agreement means this agreement, including any Amendments and is sometimes referred to as “Terms of Service”;
Business Day means any day except a Saturday, Sunday or a public holiday in Western Australia; and
Orders means all customer orders placed by Customers via the Platform and received by the Restaurants, Product Delivery Providers and Service Providers from the Platform owner via the Platform or via fax, phone or email.
In this Agreement, unless the context otherwise requires:
the singular includes the plural and vice versa;
a reference to any thing is a reference to the whole or any part of it and a reference to a group of things or persons is a reference to any one or more of them;
a reference to a gender includes other genders;
a reference to a person includes a Public Authority, a public body and an incorporated or unincorporated association or body of persons;
a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including a person taking by novation) and permitted assigns;
an agreement, representation or warranty on the part of, or in favour of, 2 or more persons binds, or is for the benefit of, them jointly and severally;
a reference to this Agreement or another instrument includes all variations and replacements of either of them despite any change of, or any change in the identity of, a User;
a reference to a clause, schedule, attachment or appendix is a reference to a clause in, or a schedule, attachment or appendix to, this Agreement;
all the provisions in any schedule, attachment or appendix to this Agreement are incorporated in, and form part of, this Agreement and bind the Users;
headings are included for convenience and do not affect the interpretation of this Agreement;
a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
no rule of interpretation is to be applied to disadvantage the Platform owner on the basis that it was responsible for preparing this Agreement;
if a word or phrase is defined, other grammatical forms of that word or phrase have a corresponding meaning;
if the word “including” or “includes” is used, the words “without limitation” are taken to immediately follow;
a reference to writing includes all means of representing or reproducing words in visible form including by electronic means such as facsimile transmission;
if a date stipulated for payment or for doing an act is not a Business Day, the payment must be made, or the act must be done, on the next Business Day; and
a reference to a monetary amount means that amount in Australian currency.
WEBSITE ACCESS AND TERMS
By accessing any part of the Platform, you indicate that you accept these Terms of Service. If you do not accept these Terms of Service, you should leave the Platform or website immediately, and you should cease ordering any products through the Platform.
Some parts of the Platform may require you to accept terms and conditions that are imposed upon you by our service partners upon entry to our service partners’ online platforms. You will be required to accept those terms and conditions at the point of acceptance of those terms and conditions where indicated. If you do not wish to accept those terms and conditions, you should not indicate your acceptance by clinking in the relevant box, and you should cease ordering any products or services through the Platform.
We may revise our Terms of Service at any time. You should check our website regularly to review the current Terms of Service, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
You are responsible for making all arrangements necessary for you to have access to our Platform. You are also responsible for ensuring that all persons who access our Platform through your Internet connection are aware of these Terms of Service and that they comply with them.
ABOUT YOU & ORDERING ALCOHOL OR TOBACCO
Capacity and age: By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18. In the event that you place an order for alcohol or tobacco products, you will be required by the Restaurant or Product Delivery Provider to show identification upon delivery of the Order. For the avoidance of doubt, if your Order includes alcohol or tobacco, the Restaurant or Product Delivery Provider is providing you with these and Town Around is not selling alcohol or tobacco to you.
MAKING AN ORDER AND HOW IT IS PROCESSED
Once you select the relevant products or services you wish to order either from the menu of your chosen Restaurant or reserve a table at your chosen Restaurant, or from a product or service offering from one of the Product Delivery Providers or Service Providers and you provide other required information (the “Order”) you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.
If a Restaurant, Product Delivery Provider or Service Provider has a minimum order amount in place or any other order restriction, you may not place an order with that provider until the value of your Order exceeds that amount or meets the restriction requirement. Any minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.
Once you submit your Order and your payment has been authorised, you will not be entitled to change or cancel your Order online. If you wish to change or cancel your Order, you may contact the Restaurant, Product Delivery Provider or Service Provider (the “Relevant Provider”) directly or our team as described below and we will attempt to contact the Relevant Provider in order to communicate your requests. However, there is no guarantee that we will be able to reach the Relevant Provider or that the Relevant Provider will agree to your requests as they may have already started to process your Order.
Where any payment you make is not authorised, your Order will not be processed by or communicated to the relevant provider.
On receipt of your Order, we will begin processing it by sending it to the Relevant Provider and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on the website/Platform and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Relevant Provider. Relevant Providers have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Restaurant partners, Product Delivery Providers and Service Providers to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Relevant Provider rejects your Order. When a Relevant Provider confirms receipt of your Order and expected collection or delivery time (where relevant), we may send you an email with the Order update.
For Restaurants and Product Delivery Providers, estimated times for deliveries and collections are provided by the Restaurants and Product Delivery Providers and are only estimates. However, agreed times for table reservations must be strictly adhered to. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times and table reservations will be held for at least 15 minutes if you are late. All food preparation and deliveries are the sole responsibility of the Restaurant or Product Delivery Providers accepting the Order. To the extent permitted by law, including the Australian Consumer Law, Town Around accepts no liability associated with the quality, fitness for purpose or merchantability of goods and services provided by Relevant Providers who have accepted Orders.
PRICE AND PAYMENT
Prices for individual menu items at Restaurants, convenience products and Product Delivery costs from Product Delivery Providers, or any static pricing provided by Service Providers will be available on the Platform. These prices include any applicable taxes but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Relevant Provider (if you pay for your Order online). These will be added to the total amount due where applicable.
Our Platform contains a large number of items and menus and it is possible that some of the items and services may include incorrect prices. The products and services will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the Website.
Payment for Orders may be made by an accepted credit or debit card either through the Platform or at the Relevant Provider at the point of delivery to you.
If you pay by credit or debit card, you may be required to show the card to the Relevant Provider at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
If you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Relevant Provider or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 Business Days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the Relevant Provider will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
Customer relations is extremely important to us. Subject to clauses 6.5 and 11, our team will try to assist you where possible if you have any problems with your Order. You can contact us by email at email@example.com or by utilising the instant chat function on our website.
If your Order is taking longer than expected or you have any other problems with your Order, in the first instance you should contact the Relevant Provider directly. Alternatively, you can contact us as described above and one of our team will attempt to contact the Relevant Provider in order to follow up on your query.
If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact us as described above and we will attempt to contact the Relevant Provider in order to communicate your requests. However, there is no guarantee that we will be able to reach the Relevant Provider or that the Relevant Provider will agree to your requests as they may have already started to process your Order.
In the event that you would like to express your opinion on the quality of a Relevant Provider, please consider providing feedback in the form of ratings, comments and reviews on our Platform. The reviews are an important part of our quality control process.
If you are dissatisfied with any service provided by a Relevant Provider and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Relevant Provider directly to lodge your complaint and, where appropriate, follow the Relevant Provider's own complaint procedures. If you are unable to contact the Relevant Provider, or the Relevant Provider refuses to deal with your complaint, you can contact us as described above within 48 hours of placing your Order and we will attempt to contact the Relevant Provider in order to request compensation on your behalf. Please note that we have no control over Relevant Providers and the quality of the individual products or services that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Relevant Provider.
You are permitted to use our Platform and print and download reasonable extracts from our website for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse our Platform (including by hacking or "scraping").
7.1.2. Unless otherwise stated, the copyright and any other intellectual property rights in the Platform (including our website and material published on it) including without limitation code, photographs and graphical images, are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms of Service, any use of extracts from our Platform (including our website) other than in accordance with this clause 7 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with this clause 7 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on our Platform (including our website) is always acknowledged.
7.1.5. You are not allowed to use any of the materials on our Platform (including our website) or the Platform itself for commercial purposes without obtaining a licence from us to do so.
Except as stated in this clause 7, our Platform (including our website) may not be used, and no part of our Platform (including our website) may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
Any rights not expressly granted in these Terms of Service are reserved.
While we try to ensure that our Platform (including our website) is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if it is unavailable at any time or for any period. Access to our Platform (including our website) may be suspended temporarily at any time and without notice. The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to our Platform (including our website); any transmission is at your own risk.
RELEVANT PROVIDER REVIEWS
You are prohibited from posting, uploading or transmitting to or from our Platform (including our website) any Reviews that: breach any applicable local, national or international laws, is unlawful or fraudulent, amounts to unauthorised advertising, or contains viruses or any other harmful programs.
In particular (but without limitation), any Reviews that you submit through the Website must not: contain any defamatory, obscene or offensive material; promote violence or discrimination; infringe the intellectual property rights of another person; breach any legal duty owed to a third party (such as a duty of confidence); promote illegal activity or invade another's privacy; give the impression that they originate from us; or be used to impersonate another person or to misrepresent your affiliation with another person.
The prohibited acts listed above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other material posted, uploaded or transmitted to our Platform (including our website) that we determine breaches a prohibition above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, we will not remove or edit reviews where we believe that doing so would be in breach of the Australian Consumer Law.
The Reviews and other material contained on our Platform (including our website) are for information purposes only and do not constitute advice from us. Reviews and material reflect the opinions of customers who have ordered through our Platform (including our website) or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a User including any Relevant Provider or other third party arising out of or in connection with any Reviews or other material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this clause 9.
You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other material in breach of clause 9 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on our Platform (including our website) are provided either for your convenience or as part of utilsing our Platform. As indicated at clause 2.3 some parts of the Platform may require you to accept terms and conditions that are imposed upon you by our service partners upon entry to our service partners’ online platforms. You will be required to accept those terms and conditions at the point of acceptance of those terms and conditions where indicated. If you do not wish to accept those terms and conditions, you should not indicate your acceptance by clinking in the relevant box, and you should cease ordering any products or services through the Platform.
If you use other links to third party websites and you leave our Platform, you understand that we have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to our Platform (including our website), you do so entirely at your own risk.
We may make changes to the material on our Platform (including our website) including prices described on it, or to the Service, at any time without notice.
Relevant Providers may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Relevant Provider are non-transferrable and are not redeemable for cash.
Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering. Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the Restaurant.
The legal contract for the supply and purchase of products or services (including table reservations) is between you and the Relevant Providers that you place your Order with. We have no control over the actions or omissions of any Relevant Provider. Without limiting the generality of the foregoing, you acknowledge and accept the following by using our Platform (including our website):
11.4.1. We do not give any undertaking that the supply and purchase of products or services ordered from any Relevant Providers through our Platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.4.2. Estimated times for deliveries and collections are provided by Relevant Providers and are only estimates. Neither we nor the Relevant Providers guarantee that Orders will be delivered or will be available for collection within the estimated times.
11.4.3. Relevant Providers have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Relevant Providers to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Relevant Provider rejects your Order.
11.4.4. The foregoing disclaimers do not affect your statutory rights against any Relevant Provider.
We provide you with access to our Platform (including our website) and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to our Platform (including our website) and our service in providing and maintaining our Platform.
Nothing in these Terms of Service excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms of Service affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Terms of Service.
Subject to clause 12.1, and your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our Platform (including our website) or our service in providing and maintaining our Platform (including the use, inability to use or the results of use of our Platform) for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; consequential loss of any kind; loss of goodwill; or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
Subject to clauses 11, 12.1 and 12.2, and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with our Platform (including our website) or our service in providing and maintaining our Platform, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.
You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of our Platform (including our website) or our service in providing and maintaining our Platform, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
You agree to indemnify and hold Town Around and all applicable affiliates, officers, directors, agents, and employees of Town Around, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms of Service or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
We may terminate or suspend (at our absolute discretion) your right to use our Platform (including our website) or our service in providing and maintaining our Platform immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used our Platform (including our website) in breach of clause 7.1 (Licence);
13.1.2. you have posted Reviews or other material in breach of clause 9 (Reviews);
13.1.3. you have breached clause 10 (Links to and from other websites); or
13.1.4. you have breached any other material terms of these Terms of Service.
Upon termination or suspension you must immediately destroy any downloaded or printed extracts from our website.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Platform (including our website) or our service