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Restaurant Deals terms of use

This Terms of Use Agreement, along with all other agreements, terms and conditions, policies and procedures incorporated or referenced herein (collectively, the "Agreement") is between , a website under the laws of the Queensland, Australia and you, your heirs, agents, successors and assigns (collectively termed as "You", "Your", “restaurant” or “member restaurant”). This Agreement explains ’s obligations to you and your obligations to in connection with your use of all services offered by on, through or relating to the Site.

To ensure the registration process is complete, you must acknowledge that you have read, understood and agree to be bound by the terms and conditions contained herein along with modifications and additions hereto and any new or additional policies.

You agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your Agent, and transactions entered into by anyone who uses the account you have established with , whether or not the transactions were entered into on your behalf.

makes the website available as an online venue for member restaurants and potential customers to take advantage of all of the services offered by on, through or relating to this website.

Definitions
Member Restaurant – are able to post a restaurant profile, add and manage meals, upload images and graphics of meals, restaurant and logo using the control panel.

Potential Customers – may view the public profile of the restaurant, meals and images.

Account - the Account you open when registering to become a Member and use the Services.

Control Panel –provided by to member restaurants as a feature of the restaurant enabling restaurants to edit restaurant profile, add and manage meals, upload images.

1. ‘I AGREE’ Checkbox
By using the Website and clicking the "I AGREE" checkbox on the Registration form, you acknowledge your acceptance of the terms and conditions of this Agreement. By affirmatively clicking the “I AGREE” checkbox, you are –

(i) Registering as a "Member Restaurant" on
(ii) designating yourself as a Restaurant
(iv) agreeing to the terms and conditions of this Agreement.

If you do not accept this Agreement, you are not authorized to use this Website. If you have any questions about this Agreement, please contact .

2. SYSTEM INTEGRITY
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the Website or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.

3. INFORMATION POSTED ON THE WEB SITE
You are solely responsible for any information that you post on our Website, including but not limited to -
(i) any information or photographic content (collectively, "Multimedia Content")
(ii) any post or listing made in any public message area, using any email feature or using the website’s feedback feature.
You retain ownership of all of any multimedia and personal content, subject to the licenses below.

You hereby assign to your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing products and services. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services to you.

Your information must not:
(a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy;
(b) be defamatory, trade libellous, threatening or harassing; nor
(c) be obscene, indecent or contain pornography.
We do not endorse any information posted by member restaurants and we are not liable for any such information posted on our site, including but not limited to any information posted about you.

We reserve the right to take any action, in our sole discretion, with respect to information posted on our site which we believe is inappropriate, including but not limited to termination of this Agreement. Nonetheless, we cannot, nor do we, control the information provided by you or other member restaurants or customers or other content providers which is made available through the website. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabelled or deceptively labelled. Information on the Web Site is provided "AS IS" and may contain inaccuracies or errors.

The website may contain links to third-party web sites not under the control or operation of . Any links provided, are done so only as a convenience. We do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

4. Acceptance of Terms of Use and Amendments
By entering and using the website you are deemed to have read and accepted these Terms of Use. If you do not accept these Terms of Use or any part of them, you should not use the Website.

5. Accuracy of Content
makes every effort to ensure that the content of the website is accurate and up-to-date, but does not offer any warranties (whether express implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.

may remove material from the website at its own discretion and without giving any notice.

6. Intellectual Property
You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the website content, software and all HTML and other code contained in the website, shall remain at all times vested in and/or its licensors and is protected by copyright and other laws and international treaty provisions. Any other trademark remains the property of its respective owner(s).

Users may not modify or copy, distribute, transmit, display, redistribute, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any material which may be displayed on the website from time to time without first obtaining permission to do so from in writing.

The website and its contents are copyright material and the copyright is owned by unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited.

7. Linking
may from time to time include links on this website to other websites or resources operated by parties other than . These links are provided for the convenience of users and are not responsible for the availability of such external websites or resources, does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the privacy policy (if any) of the operators of the external websites.

You are advised to check the terms and conditions of use and the privacy policies of these external websites before entering or making use of them.

8. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties

9. Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this website is offered on an “as is” and “as available” basis.

takes all reasonable steps to ensure that the website is properly functioning at all times but does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.

By accepting these Terms of Use, you accept that cannot be liable to you for any loss or damage you suffer as a result of visiting this website or making use of the information available on the website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

10. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

11. Disclaimer of warranties.
Your understand and agree that your use of this web site and any services or content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.