Terms of Use
Last updated: 21st February 2012
The Terms of Use govern your use of the InsideEats website (“Site”), the materials and information contained therein and related services made available to you via this Site. By visiting or using the Site, you agree to be bound by these Terms of Use, as well as the other policies posted on the Site. “InsideEats” or “we” may from time to time change this Site (including these Terms of Use). Please read these Terms of Use carefully before using this site and re-read before subsequent use. If you do not agree to any change(s) to the Terms of Use, you must immediately stop using this Site. Any changes made after you have made a reservation with InsideEats will not affect that reservation, unless we are required to make the change by law.
1. WEBSITE CONTENT
The Website, including without limitation the text, graphics, photographs, software, video and audio content that appear on the Website (the "Website Content"), is owned by or licensed to InsideEats, operating under ABN 31 806 917 989. The Website Content is subject to copyright and other intellectual property rights under Australian laws, foreign laws and international conventions. Users may not re-post, republish, reproduce or copy the Website Content to other web sites, or otherwise, without the prior written consent of InsideEats. Users cannot sell, or distribute, Website Content to third parties, prepare derivative works of or otherwise exploit Website Content without the prior written permission of InsideEats. All of the InsideEats trademarks, service marks and logos are owned by or licensed to InsideEats and may not be used for any purpose without the prior written consent of InsideEats, such consent shall be given in the sole discretion of InsideEats.
2. PERMITTED USES
The Website is designed to offer its users exclusive deals with restaurants. You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any InsideEats server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorised access to any portion of the Website, other accounts, computer systems, or networks connected to any InsideEats server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Website. You will not link to any part of the Website if such activity is illegal, will cause damage to, or will otherwise harm InsideEats or any other party. Moreover, InsideEats reserves the right in its sole discretion to disable or otherwise terminate your use of the Website, or any links you make to the Website, or request you to do the same. InsideEats reserves all of its rights in the Website not expressly granted to you by these Terms of Use.
InsideEats may terminate your use of the website and prohibit you from making further reservations if you take actions that significantly impact the business operations of our partners. Such actions include but are not limited to: changing the time or date of a reservation on more than two occasions per calendar year; contacting our restaurant partners directly to make a reservation and requesting a discount; arriving at a restaurant at a time or with a party size other than that specified in your reservation confirmation and requesting a discount; failing to cancel a reservation which you do not plan to attend ("no-show") on more than two occasions per calendar year; committing fraud of any kind with regards to your obligation to pay the restaurant in full for services rendered.
3. USER ACCOUNTS
If you create a user account for the Website, you agree to complete the registration process by providing current, complete, and accurate information as required by InsideEats. You are responsible for all activities that occur under your account. You agree to notify InsideEats immediately of any unauthorised use of your account or any other breach of security. InsideEats will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by InsideEats or another party due to someone else using your account. You may not use anyone else's account at any time.
4. PRIVACY
These Terms of Use incorporate the entirety of the InsideEats Privacy Policy posted on this Website and available at Privacy Policy.
5. COPYRIGHT INFRINGEMENT
InsideEats respects the intellectual property of others. If you believe in good faith that any Website Content, or other matter posted on the Website infringes the copyright in a work you own, please contact us immediately.
6. LINKS TO OTHER WEBSITES
The Website may contain advertisements and/or links to other sites ("Third Party Websites"). These links are provided solely for the convenience of the users. InsideEats does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Website or any products or services advertised on Third Party Websites. If you decide to leave the Website and navigate to Third Party Websites, or install any applications, software or download content from any such websites, you do so at your own risk. Once you access a Third Party Website through a link on the Website, you may no longer be protected by these Terms of Use and you may be subject to the terms of use and other conditions of such Third Party Website. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Website, or relating to any applications you use or install from such Third Party Websites. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. InsideEats bears no responsibility for any action associated with any Third Party Website. Moreover, InsideEats does not imply an affiliation with any Third Party Website.
7. LIMITATION OF LIABILITY
You agree InsideEats will not be held liable for any loss or damage incurred as a result of use of the Services. You understand InsideEats is not the seller of the goods or services advertised on the Website. InsideEats is a service provider and transaction handler for third party merchants ("Merchants"). InsideEats is not the agent of any Merchant and takes no responsibility for the services or products for which Merchants provide. InsideEats 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) on any particular device or communications service. InsideEats has no obligation to provide you with notice of any such changes, and InsideEats is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website.
8. REFUNDS/ACCOUNT CREDITS
All refunds on InsideEats are conducted using the same method of payment which the original transaction was made in. Refunds are usually processed within 48 hours. Account credits are not transferrable or exchangeable. If you choose to close your account, your account credits will expire and cannot be reinstated. InsideEats reserves the right to modify the account credit system at any time and without notice.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless InsideEats from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Website. InsideEats reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with InsideEats in asserting any available defences.
10. MODIFICATIONS
InsideEats may, at any time and in its sole discretion, revise, replace, update or otherwise modify these Terms of Use. Such modifications will be effective upon posting to the Website. You agree to be bound by any modification of these Terms of Use when you use the Website, effective after their posting to the Website. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes. Please check this page periodically for changes to the Terms of Use. Your use of the Website following the posting of an updated Terms of Use constitutes acceptance of the last updated Terms of Use. You can determine if the Terms of Use have been revised since your last visit by referring to the "Last Updated" date listed at the top of this page.
11. LAW AND JURISDICTION
The Website is controlled and operated by InsideEats from New South Wales (“NSW”), Australia, regardless of where its servers may be located from time to time. You agree that any dispute relating to or arising under the Terms of Use or arising out of or related to your use of the Website shall be resolved exclusively by NSW, Australia or federal courts in Australia, applying NSW law, regardless of any principles of conflicts of law. By your use of this Website, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes. Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in Australia, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause. If you have any questions about these Terms of Use, please contact us via our Contact Us page.
