Company

Terms of Use

Acceptance of terms and conditions: The terms and conditions are the terms on which Out4dinner offers you access to the Services and the Website. By registering as a member of Out4dinner you accept that you are bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this Website.

Amendment of terms and conditions: These terms and conditions may be by Out4dinner from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you familiarise yourself with the latest terms and conditions. Your continued use of this website represents your agreement to be bound by the Out4dinner terms and conditions as amended.

Terms

Out4dinner has been developed for the purpose of providing restaurants, cafes, eating establishments and the general public the means to display the various establishments above and the ability to search for the said establishments.

Out4dinner provides information about restaurants and the services and products they offer. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Users are encouraged to make their own enquiries by contacting individual restaurants for up to date information. It should be understood that the inclusion of any restaurant or product on this website does not mean that Out4dinner warrants in any way, that the information is correct or that you will be satisfied with the conditions, service or any other expectations that you may have regarding the information on out4dinner.

Out4dinner has no control over the availability of seats, preparation of food, descriptions in menus and wine lists, service provided or the billing policies of restaurants on this site.

Out4dinner reserves the right to add, modify or delete any information at this website at any time.

At your own risk: Listings on out4dinner, made by the public after logging in, are made at your own risk.

Out4dinner takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud, slander or abuse restaurants, cafes, eating establishments, the general public or other users.

Disclaimer

You expressly understand and agree that:

a. Your use of the Services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. Out4dinner disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;

b. Where offerings and member services are made on the website by a member, Out4dinner disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;

c. Out4dinner does not warrant that:

i) the services provided will be uninterrupted, timely, secure, or error free, or
ii) that any information (including feedback) provided on the Website is error-free or reliable;

d. No advice or information that is obtained by you from Out4dinner or anyone else shall create any warranty by Out4dinner that is not expressly stated in the terms and conditions; and

e. Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Out4dinners recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

Force Majeure

Out4dinner has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Out4dinner to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Out4dinner.

Liability

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Out4dinner to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Out4dinner's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, or arising out of any content or item you submit, post, transmit, or make available through the Out4dinner.

Breach

Without limiting any other rights and remedies available to Out4dinner, Out4dinner may limit your activities on the Website, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Out4dinner considers it appropriate.

Becoming a Member

Becoming a Member

Becoming a member is free. You may only register as a member if a legally binding contract can be enforceable against you. For example, you must be 18 years old or if under the age of 18, you must be under the supervision of a guardian who is bound by these terms & conditions. By registering as a member, you warrant that you can form a legally binding contract.

Accurate Information

You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Out4dinner to ensure it is kept current at all times. Out4dinner may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Out4dinners discretion, you may create a business membership in addition to your personal membership.

You may use your Facebook login, or any other login method that is displayed on the website, to become a member of Out4dinner.

Termination of membership

Out4dinner reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Out4dinner may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

Security of your login information

You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

a. not to permit any other person to use your user name or membership; and
b. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

Emails and newsletters

Out4dinner will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Out4dinner products and services to you. Out4dinner may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

General Rules

General

  • All listings or communications made through Out4dinner shall be made in good faith.
  • At this point in time all listings or communications must be in English, as it is currently the only supported language on the website.
  • You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
  • You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
  • You are responsible for any actions taken through your membership.
  • Listing on Out4dinner can be claimed from the person who has done the listing by the owner of the restaurants, cafes, event or eating establishments. The original lister will then no longer have access to the listing.

Feedback

  • Feedback you provide on the website must not contain offensive, defamatory or inappropriate language. Out4dinner reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
  • You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
  • You must not post feedback about yourself or include any contact details or personal information in your feedback.

General Provisions

System Integrity

Out4dinner will uses all reasonable means to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Out4dinner takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Out4dinner assumes no responsibility for the corruption of any data or information held by Out4dinner.

Resolution of disputes

As Out4dinner is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Out4dinner in any dispute or in the resolution of disputes that arise between you and another member.

Reviews

Out4dinner is not responsible for any of the opinions expressed in the reviews. By posting a review on out4dinner you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

Intellectual Property Rights

Out4dinner owns all proprietary and intellectual property rights in the Website (including text, graphics, logos and icons) and the software and other material underlying and forming part of the Services and the Website.

You may not without our prior written permission, in any form or by any means:

a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of Out4dinner; or
b. Use for commercial purposes, copy, or on-sell any information, or items obtained from any part of this Out4dinner.

No Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Entire agreement

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

Privacy

Out4dinner collects personal information about you through your use of the Services and the Website, including:

  • your registration details; and
  • information relating to your use of the Website and the content you access.
  • Please find out more about our privacy policy in the Privacy Policy section posted on this web site.