Terms & Conditions
By using the OnTheMenu Services (as defined below), which are owned and operated by On The Menu Pty Ltd ("OnTheMenu") and by accessing the OnTheMenu Site located at http://www.OnTheMenu.com.au, and all linked pages owned and operated by OnTheMenu (the "OnTheMenu Site"), you agree to be bound by these Terms and Conditions, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms and Conditions").
OnTheMenu's on-line services ("OnTheMenu Service"), which are available at the OnTheMenu Site will, among other things, help you find and book restaurants by listing dining offers and providing a booking mechanism. OnTheMenu may also help you find other businesses or services of interest to you by listing complimentary or related offers and advertisements. OnTheMenu may post and share User reviews of these restaurants and other businesses or services with OnTheMenu users.
These Terms and Conditions set out the legally binding terms with respect to your use of and our provision of the OnTheMenu Site and OnTheMenu Services. Please read these Terms and Conditions carefully. Your access to or use of the OnTheMenu Service constitutes your acceptance of all the provisions of these Terms and Conditions. If you are unwilling to be bound by these Terms and Conditions, do not continue to access or use the OnTheMenu Service.
"Content" means the information, photographs, graphics, and other material on the Website.
"Installation" means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide the Services.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
"Services" means all or any service provided by us through the Website.
"Website" means our Websites, and includes all web pages controlled by us.
"User" means any person other than you who uses the Services or visits the Website for any purpose.
"we", "us", etc means us. Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods and/or service promoted on the Website. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.
"you" "yours" etc, means you, the party to this agreement, either an individual or a restaurant representative on behalf of your restaurant.
2. Our contract
These terms and conditions regulate the business relationship between you and us. By using our Website, you agree to be bound by them
3. Changes to terms
We may change these terms from time to time. The terms that apply to you are those posted here on our Website on the day you order our services. It may be useful to print a copy now.
If you are between the ages of 13 and 18 you are deemed to be a "Minor." You cannot use the Service, the Website or the Software if you are under the age of 13 unless you provide the Agreement to your parent (or legal guardian) who must read, understand and agree to all of the terms and conditions of the Agreement on your behalf.
If you are a Minor and you have chosen to accept these Terms of Service, you are certifying to us that you have your parent's (or legal guardian's) approval and consent to use the Service, the Software and the Website and you represent to us that you and your parent (or legal guardian) have read, understood and agree to be bound by and comply with the Agreement.
If you are a parent (or legal guardian) registering on behalf of the Minor, you agree to be fully responsible for the Minor, and will be bound by the terms and conditions of the Agreement.
If you are a Minor and your parent (or legal guardian) does not agree to (or will not or cannot comply with) all of the terms and conditions of the Agreement for any reason whatsoever, neither you, nor your parent (or legal guardian) may use the Service, the Software, or the Website in any way.
5. Acceptable use Policy
You agree to comply with these provisions:
5.1 You will not use or allow anyone else to use the Website to post or otherwise publish:
5.1.1. copyright works;
5.1.2. commercial audio, video or music files;
5.1.3. any material which violates the law of any established jurisdiction;
5.1.6. links to any of the material specified in this paragraph;
5.1.7. pornographic material;
5.1.8. any material promoting discrimination or animosity to any person on grounds of gender, race or colour.
5.2. You will not use the Services in a manner, which violates any city, local, state, national or international law or regulation, or which fails to comply with accepted Internet protocol.
5.3. You will not attempt to interfere in any way with our networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system.
5.4. You will immediately notify us, of any security breach or unauthorised use of your account. You will not interfere in any way with another User(s) use of the Services. You will not resell, rent, lease, grant a security interest in, or make commercial use of the Services without our express written consent.
5.5. You agree not to assign, transfer, or authorise any other person to use, your account. If you try to do so, we have the right to terminate your account.
6. Information you give us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
7. System Security
7.1. You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
7.2. You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so.
7.3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
7.4. Examples of violations are:
7.4.1. accessing data unlawfully or without consent;
7.4.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
7.4.3. attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
7.4.4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
7.4.5. taking any action in order to obtain services to which you are not entitled.
8. Content and Intellectual Property Rights
8.1. Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.
8.2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
8.3. You may post into the Services any Content owned by you. You accept all risk and responsibility for determining whether any Content is in the public domain. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Service. You represent and warrant that you are authorized to grant all such rights.
8.4. You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
9. Content Posted By You on the OnTheMenu Sites
9.1. You are solely responsible for any Content and other material that you submit, publish or display on the OnTheMenu Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
9.2. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
9.3. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
9.4. You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by OnTheMenu.
9.5. You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
9.6. You are solely responsible for your ratings and reviews of businesses listed on OnTheMenu.
9.7. OnTheMenu reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
9.8. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
9.9. By posting Posted Content on the OnTheMenu Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, OnTheMenu, its contractors, and the users of the OnTheMenu Site an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that OnTheMenu shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other OnTheMenu users for purposes of constructing or populating a searchable database of business reviews.
9.10. The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the OnTheMenu Site. OnTheMenu reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the OnTheMenu Service and terminating the membership of such violators or blocking your use of the OnTheMenu Service and/or OnTheMenu Site. You may not post Content that:
9.10.1. false or intentionally misleading;
9.10.2. is patently offensive to users of the OnTheMenu Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.10.3. harasses or advocates harassment of another person;
9.10.4. involves the transmission of unsolicited mass mailing or "spamming";
9.10.5. violates the intellectual property or other rights of any person;
9.10.6. promotes illegal activities or conduct that is abusive;
9.10.7. is threatening, obscene, defamatory or libelous;
9.10.8. is pornographic or sexually explicit in nature.
You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of the Website ("Advertisers"). All such contact, including the purchase of goods and services from Advertisers, is between you and the Advertisers and we are not responsible or liable to you in any way in connection with these activities or transactions.
11. Venue Only
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the OnTheMenu Service, such activity is solely between you and the applicable third party. OnTheMenu shall have no liability, obligation or responsibility for any such activity. You hereby release OnTheMenu from all claims arising from such activity.
You agree to indemnify us against any claim or demand, including reasonable lawyer's fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.
14. Interruption to the Service
14.1. If it is necessary for us to interrupt the Services then we may do so without telling you first.
14.2. You acknowledge that the Services may also be interrupted for reasons beyond our control.
14.3. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
15. Our liability
15.1. Your use of the Services is without any warranty or guarantee.
15.2. Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.
15.3. We or our content suppliers may make improvements or changes to the Website, the content, or to any of the products and services described on the Website, at any time and without notice to you.
15.4. You are advised that content may include technical inaccuracies or typographical errors.
15.5. We give no warranty and make no representation, express or implied, as to:
15.5.1. the truth of any information given on the Website by any Associate or third party;
15.5.2. any implied warranty or condition as to merchantability or fitness for a particular purpose;
15.5.3. compliance with any law;
15.5.4. non-infringement of any right.
15.6. Some of the material provided on the Website is Posted (and thereby published) by Users. We are under no obligation to monitor, vet, check or approve any such material however when a negative review is submitted we will, where reasonably possible, refer this to the business or service for resolution and comment before Posting.
We disclaim all responsibility for information published on the Website by any person.
15.7. The Website contains links to other Internet Websites. We have neither power nor control over any such Website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked Website, nor for any loss or damage arising from your use of any such Website.
15.8. In no event shall we or our Advertisers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Website, OnTheMenu Service or the content available from this Website.
15.9. These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
We reserve the right to modify the Services and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.
17.1. You agree to honour all bookings where reasonably possible
17.2. If you cannot honour a booking you agree to cancel the booking giving the maximum notice possible.
18.1. You may terminate this Agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notices to us by post or email. We reserve the right to check the validity of any request to terminate membership.
18.2. We may terminate this Agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.
18.3. If we terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20. Action Limit
You and we agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
21. No duty to monitor
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility through our AUP or otherwise to monitor or police Internet-related activities.
22. No Waiver
No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
23. Relationship of parties
Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee between us.
24. Dispute Resolution
In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
This Contract shall be interpreted according to the Laws of Australia and the parties agree to submit to the exclusive jurisdiction of the Australian courts. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
26. Trade Mark Notice
This site includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word OnTheMenu and the OnTheMenu logo. You may not use these trade marks or the names "OnTheMenu" or "OnTheMenu.com.au ".
27. Google Maps
If you are a restaurant representative you also agree to the Restaurant Terms and Conditions on behalf of your restaurant.