Terms and Conditions

Last updated: July 23rd, 2012

This site is owned and operated by Restaurant.com.au Pty Ltd ("Restaurant.com.au") CAN 156 189 169. By accessing the Restaurant.com.au Website (“Website”), you agree to abide 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").

Permitted Website Use

The Website is designed to offer users a discount of 30% at participating restaurants on payment of a booking fee ("Booking Fee").

This Website is only intended for Australian residents aged 18 years or over. By using this Website, creating an account, making a purchase or booking a table on this Website, you warrant that you are legally capable of entering into a binding contract, are at least 18 years old (or are supervised by an adult), are resident in Australia, and are accessing the Restaurant.com.au site from Australia.

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Restaurant.com.au Website.

Member Account

To become a member of Restaurant.com.au, you will create a password-protected account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all conduct carried out under this account. Restaurant.com.au is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Any unauthorised use of your account should be reported as soon as you become aware of the breach. Restaurant.com.au will not be liable for any loss that you may incur as a result of someone else using your account, whether with or without your knowledge. You must not use anyone else's account at any time.

Account Cancellation and Closure
You may cancel your membership at any time by clicking on the CANCEL button on the Account Details page. If you choose to close your account, any remaining Booking Credits will be forfeited and automatically become void.

Restaurant.com.au reserves the right to cancel your account and/or your access to the member-only areas of the Website at any time, for any breach of these Terms and Conditions, whether by you or any other person accessing your account.

You will be notified via the Website (when you attempt to access your account) or via email (to the email address specified on your user account registration) if your account is cancelled. Should you disagree with this decision, you may contact us and request Restaurant.com.au to review the decision. In the event that your account is cancelled by Restaurant.com.au and you have unused Booking Credits, the remaining Booking Credits will be refunded.

Privacy

The Restaurant.com.au Privacy Policy is available on this Website and applies to the collection, use, disclosure and other processing of personal information by Restaurant.com.au. These Terms and Conditions incorporate the entirety of the Restaurant.com.au Privacy Policy. You consent to any personal information Restaurant.com.au may obtain about you (either via the Website, or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.

Booking Payments and Booking Credits

Booking Payments

You can pay for Restaurant bookings either:

  • By paying the Booking Fee specified on the Website by credit card via a secure payment gateway (SecurePay); or
  • By pre-purchasing Booking Credits at a discounted rate, which can then be redeemed when making a booking on the Website.

Only VISA or MasterCard is accepted for payment. Upon submission of credit card information, you warrant that the cardholder and billing information provided is accurate and that you authorise Restaurant.com.au to charge the supplied credit card for the total amount of the purchase.

Booking Credits

Booking Credits can be purchased from the Buy Credit page in the members-only area of the Website. Booking Credits are purchased in bulk, and reduce the cost of Booking Fees on a per-booking basis.

Booking Credits can also be earned through referring friends. A Booking Credit is earned for each invited friend that registers and makes a booking through Restaurant.com.au.

Booking Credits will generally not be refunded unless it is required to do so by law or as otherwise determined by Restaurant.com.au in exceptional circumstances.

Booking Credits are not transferrable and cannot be redeemed for cash.

GST

  1. If we are liable by law for any GST on any Primary Payment, You must pay to us the amount of the GST.
  2. You must pay to us an amount in respect of any GST that You are required to pay under this Agreement as You are required to pay for the Primary Payment to which the amount in respect of GST relates:
    1. At the same time; and
    2. In the same manner.
  3. We must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
  4. If we refund to You any amount under this Agreement, we must also refund You an amount in respect of any GST that You paid in respect of that amount.

Cancellations, Refunds and Amendments

You may cancel a Restaurant booking up until two (2) hours prior to the start time of the actual Booking. After this time, cancellations must be made directly with the Restaurant. Late cancellations will not be eligible for a refund.
Eligible booking cancellations will be refunded to your account in the form of a Booking Credit.

In the event that a payment is rejected, cancelled, reversed, or not completed for any reason, Restaurant.com.au may cancel your booking. In this case, Restaurant.com.au will notify you by email or telephone.

The 30% off offer is only valid for the time, date and number of diners of specified on the booking. If you are late for, or if the party size differs from the confirmed reservation through Restaurant.com.au, the Restaurant’s normal business rules apply.  The customer accepts that changes of this nature, within two hours of the booking time, are subject to availability, and it will be at the discretion of the Restaurant whether they accommodate your party at the 30% reduction.  In the event of a customer not showing up for a booking, the Restaurant’s normal business policies will apply, and the customer’s booking fee will be forfeited.  Restaurant.com.au retains the right to unsubscribe members at any time.

Website Content

All content on the Restaurant.com.au Website, including, but not limited to, text, graphics, photographs, video and audio content, trade marks, designs, layout, etc, is owned by or licensed to Restaurant.com.au, and is subject to copyright and other intellectual property rights under Australian and foreign laws, as well as international conventions.

Restaurant.com.au makes every effort to contact the copyright holders of photographs, illustrations, images and content. If a work in copyright has been inadvertently included, Restaurant.com.au apologises to those concerned. Should the copyright holder prefer that the work not be made available on the website please contact Restaurant.com.au in writing and the website will be amended.

This website may display photographs and images that are posed by models and in no way does Restaurant.com.au or its affiliates suggest that the people potrayed in those images are linked to any product or service advertised on the website.
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 Restaurant.com.au Website content, in whole or in part, except as is expressly permitted in these Terms and Conditions.

You may download or copy Website 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, other than a copy of each booking confirmation, booking cancellation or other relevant communications issued to you.

Restaurant.com.au has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Website or any part thereof. Restaurant.com.au has no obligation to provide you with notice of any such changes, and is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website.

Links to Third Party Content

This site contains links to third party sites. Restaurant.com.au is not responsible for the condition or the content of those sites. The link(s) are provided solely for your convenience and do not indicate, expressly or through implication, any endorsement of the site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Restaurant.com.au does not represent that the content or services available from third party sites are appropriate or available for use in all parts of Australia. If you access other content or services from third party sites, Restaurant.com.au is not responsible for your compliance with local laws or other applicable laws.

Limitation and Liability

Restaurant.com.au has taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Restaurant.com.au Website, that information is provided in good faith and on an “as is” and “as available” basis, and that no representation or warranty of any kind is made, whether expressed or implied, as to the reliability of the information.

Restaurant.com.au does guarantee that the Website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.

You must take your own precautions to ensure that the method you use to access the Restaurant.com.au Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your computer system or any other computer system. Restaurant.com.au does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use this Website or any linked website, nor does Restaurant.com.au accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

You understand that Restaurant.com.au provides a booking service for participating Restaurants and is not the agent of any participating Restaurant. Restaurant.com.au takes no responsibility for the services or products that a Restaurant provides.

In the event that a Restaurant fails to honour their obligation, Restaurant.com.au will credit the customer to the maximum value of the Booking Fee paid by the customer.

Jurisdiction

These Terms and Conditions 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.

Acknowledgement & Agreement

You acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them.

Restaurant.com.au reserves the right to add to, delete, or change the Terms and Conditions without notice, at any time, at its sole discretion. As such, you should check these Terms and Conditions from time to time for such changes. If you have questions or concerns relating to the Website or these Terms and Conditions, please Contact Us.