Terms of Service
Town Around Pty Ltd (ABN 18 622 106 576) a body corporate established under the Corporations Act 2001 (Cth) with registered address at 8A Monterey Street, Nollamara 6061, Western Australia (“Town Around”, “we”, “our”, or “us”) is the provider of online services via our Product which allows customers to sign up and place Orders to reserve table seating at various restaurants for dining services, to place Orders for takeaway food and drinks either by collection at, or delivery by, such restaurants, or to place Orders for transport services or accommodation or accommodation services;
Various Restaurant partners (“Restaurants”) operate restaurants and take away businesses and provide customers with restaurant services, food and drinks, and the ability to place Orders to reserve table seating or obtain takeaway food and drinks by utilising our proprietary technology either through our website www.townaround.com.au, our applications or other platforms, or any other related equipment or software (together the "Product");
Various Transport providers (“Transport Providers”) operate transport services and provide customers with the ability to place Orders to request transport services by utilizing our proprietary technology either through our website www.townaround.com.au, our applications or other platforms, or any other related equipment or software (together the "Product");
Various Accommodation providers (“Accommodation Providers”) provide accommodation and accommodation related services and provide customers with the ability to place Orders to request accommodation by utilizing our proprietary technology either through our website www.townaround.com.au, our applications or other platforms, or any other related equipment or software (together the "Product"); and
Users (“you”) may access the Product by registering an account and thereby communicate Orders to Restaurants, Transport Providers, and Accommodation Providers.
We provide an online web application (the Product) for Restaurants, Transport Providers and Accommodation Providers who have registered and who pay Applicable Rates to Town Around to manage reservations, table inventory, travel and accommodation bookings and customer contact information from a web-enabled device and to provide you with a fast, friendly way to search and reserve restaurant tables, order takeaway food and drinks, and book transport and accommodation from a web-enabled device.
TOWN AROUND DOES NOT ITSELF SELL ANY FOOD OR DRINK PRODUCTS, PROVIDE ANY RESTAURANT DINING SERVICES, TRANSPORT SERVICES OR ACCOMMODATION SERVICES AND IS NOT A PARTY TO ANY TRANSACTION OR ANY AGREEMENT THAT YOU MAY MAKE WITH A RESTAURANT, TRANSPORT PROVIDER OR ACCOMMODATION PROVIDER BY PLACING ORDERS USING TOWN AROUND’S PRODUCT.
By accessing any part of the Product, you indicate that you accept these Terms of Service and any terms imposed by our partners where clearly indicated. If you do not accept these Terms of Service, you should leave the Product or website immediately, and you should cease ordering any products through the Product.
The Parties agree as follows:
1.DEFINITIONS AND INTERPRETATION
In this Agreement, the following expressions have the following meanings when they commence with a capital letter:
1.1.1 Agreement means this agreement, including any Amendments;
1.1.2 Business Day means any day except a Saturday, Sunday or a public holiday in Western Australia;
1.1.3 IPR means all intellectual property rights including:
all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world but excluding moral rights and any similar rights that are by law non-assignable, and IP has a corresponding meaning in relation to intellectual property.
1.1.4 Orders means all customer orders placed via the Product and received by the Restaurant from the Product Owner via the Product or via fax, phone or email;
1.1.5 Service means the platform provided by the Product Owner that allows customers to sign up to certain terms and place Orders to reserve table seating at various restaurants for dining services or to place Orders for takeaway food and drinks either by collection at, or delivery by, such restaurants;
In this Agreement, unless the context otherwise requires:
1.2.1 the singular includes the plural and vice versa;
1.2.2 a reference to anything is a reference to the whole or any part of it and a reference to a group of things or persons is a reference to any one or more of them;
1.2.3 a reference to a gender includes other genders;
1.2.4 a reference to a person includes a Public Authority, a public body and an incorporated or unincorporated association or body of persons;
1.2.5 a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including a person taking by novation) and permitted assigns;
1.2.6 an agreement, representation or warranty on the part of, or in favor of, 2 or more persons binds, or is for the benefit of, them jointly and severally;
1.2.7 a reference to this Agreement or another instrument includes all variations and replacements of either of them despite any change of, or any change in the identity of, a Party;
1.2.8 a reference to a clause, schedule, attachment or appendix is a reference to a clause in, or a schedule, attachment or appendix to, this Agreement;
1.2.9 all the provisions in any schedule, attachment or appendix to this Agreement are incorporated in, and form part of, this Agreement and bind the Parties;
1.2.10 headings are included for convenience and do not affect the interpretation of this Agreement;
1.2.11 a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
1.2.12 no rule of interpretation is to be applied to disadvantage the Product Owner on the basis that it was responsible for preparing this Agreement;
1.2.13 if a word or phrase is defined, other grammatical forms of that word or phrase have a corresponding meaning;
1.2.14 if the word “including” or “includes” is used, the words “without limitation” are taken to immediately follow;
1.2.15 a reference to writing includes all means of representing or reproducing words in visible form including by electronic means such as facsimile transmission;
1.2.16 if a date stipulated for payment or for doing an act is not a Business Day, the payment must be made, or the act must be done, on the next Business Day; and
1.2.17 a reference to a monetary amount means that amount in Australian currency.
2. WEBSITE ACCESS AND TERMS
2.2 By accessing any part of the Product, you indicate that you accept these Terms of Service. If you do not accept these Terms of Service, you should leave the Product or website immediately, and you should cease ordering any products through the Product.
2.3 Some parts of the Product may require you to accept terms and conditions that are imposed upon you by our service partners upon entry to our service partners’ online platforms. You will be required to accept those terms and conditions at the point of acceptance of those terms and conditions where indicated. If you do not wish to accept those terms and conditions, you should not indicate your acceptance by clinking in the relevant box, and you should cease ordering any products or services through the Product.
2.4 We may revise our Terms of Service at any time. You should check our website regularly to review the current Terms of Service because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
2.5 You are responsible for making all arrangements necessary for you to have access to our Product. You are also responsible for ensuring that all persons who access our Product through your Internet connection are aware of these Terms of Service and that they comply with them.
3. About YOU & Ordering alcohol or tobacco
3.1 Capacity and age: By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
3.2 You acknowledge and agree that: it is an offense for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18. In the event that you place an order for alcohol or tobacco products, you will be required by the Restaurant to show identification upon delivery of the Order. For the avoidance of doubt, if your Order includes alcohol or tobacco, the Restaurant is providing you with these and Town Around is not selling alcohol or tobacco to you.
4.MAKING AN ORDER AND HOW IT IS PROCESSED
4.1 Once you select the relevant products or services you wish to order either from the menu of your chosen Restaurant or reserve a table at your chosen Restaurant, or from a service offering from one of the Transport Providers or Accommodation Providers and you provide other required information (the “Order”) you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.
4.2 If a Restaurant, Transport Provider or Accommodation Provider has a minimum order amount in place or any other order restriction, you may not place an order with that provider until the value of your Order exceeds that amount or meets the restriction requirement. Any minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.
4.3 Once you submit your Order and your payment has been authorized, you will not be entitled to change or cancel your Order online (please refer to 4.4 below for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact the Restaurant, Transport Provider or Accommodation Provider (the “Relevant Provider”) directly or our team as described below and we will attempt to contact the Relevant Provider in order to communicate your requests. However, there is no guarantee that we will be able to reach the Relevant Provider or that the Relevant Provider will agree to your requests as they may have already started to process your Order.
4.4 Where any payment you make is not authorised, your Order will not be processed by or communicated to the relevant provider.
4.5 On receipt of your Order, we will begin processing it by sending it to the Relevant Provider and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on the website/Product and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Relevant Provider. Relevant Providers have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Restaurant partners, Transport Providers, and Accommodation Providers to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Relevant Provider rejects your Order. When a Relevant Provider confirms receipt of your Order and expected collection or delivery time (where relevant), we may send you an email with the Order update.
4.6 For Restaurant and takeaway services, estimated times for deliveries and collections are provided by the Restaurants and are only estimates. However, agreed times for table reservations must be strictly adhered to. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times and table reservations will be held for at least 15 minutes if you are late. All food preparation and deliveries are the sole responsibility of the Restaurant accepting the Order. To the extent permitted by law, including the Australian Consumer Law, Town Around accepts no liability associated with food preparation or delivery by the Restaurant accepting the order.
5. PRICE AND PAYMENT
5.1 Prices for individual menu items at Restaurants, transport costs at Transport Providers, or accommodation at Accommodation Providers will be available on the Product. These prices include any applicable taxes but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Relevant Provider (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2 Our Product contains a large number of items and menus and it is possible that some of the items may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the Website.
5.3 Payment for Orders may be made by an accepted credit or debit card either through the Product or at the Relevant Provider at the point of delivery to you.
5.4 If you pay by credit or debit card, you may be required to show the card to the Relevant Provider at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
5.5 If you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Relevant Provider or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the Relevant Provider will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER RELATIONS
6.1 Customer relations is extremely important to us. Subject to clauses 6.5 and 11, our team will try to assist you where possible if you have any problems with your Order. You can contact us by email at email@example.com or by utilising the instant chat function on our website.
6.2 If your Order is taking longer than expected or you have any other problems with your Order, in the first instance you should contact the Relevant Provider directly. Alternatively, you can contact us as described above and one of our team will attempt to contact the Relevant Provider in order to follow up on your query.
6.3 If you wish to change or cancel your Order after it has been submitted and payment has been authorized, you may contact us as described above and we will attempt to contact the Relevant Provider in order to communicate your requests. However, there is no guarantee that we will be able to reach the Relevant Provider or that the Relevant Provider will agree to your requests as they may have already started to process your Order.
6.4 In the event that you would like to express your opinion on the quality of a Relevant Provider, please consider providing feedback in the form of ratings, comments, and reviews on our Product. The reviews are an important part of our quality control process.
6.5 If you are dissatisfied with any service provided by a Relevant Provider and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Relevant Provider directly to lodge your complaint and, where appropriate, follow the Relevant Provider's own complaint procedures. If you are unable to contact the Relevant Provider, or the Relevant Provider refuses to deal with your complaint, you can contact us as described above within 48 hours of placing your Order and we will attempt to contact the Relevant Provider in order to request compensation on your behalf. Please note that we have no control over Relevant Providers and the quality of the individual products or services that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Relevant Provider.
7.1 You are permitted to use our Product and print and download reasonable extracts from our website for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse our Product (including by hacking or "scraping").
7.1.2. Unless otherwise stated, the copyright and any other intellectual property rights in the Product (including our website and material published on it) including without limitation code, photographs and graphical images, are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms of Service, any use of extracts from our Product (including our website) other than in accordance with 7.1 above is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with 7.1 above and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on our Product (including our website) is always acknowledged.
7.1.5. You are not allowed to use any of the materials on our Product (including our website) or the Product itself for commercial purposes without obtaining a licence from us to do so.
7.2 Except as stated in paragraph 7.1, our Product (including our website) may not be used, and no part of our Product (including our website) may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3 Any rights not expressly granted in these Terms of Service are reserved.
8. PRODUCT ACCESS
While we try to ensure that our Product (including our website) is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if it is unavailable at any time or for any period. Access to our Product (including our website) may be suspended temporarily at any time and without notice. The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to our Product (including our website); any transmission is at your own risk.
9.Relevant Provider REVIEWS
9.2 You are prohibited from posting, uploading or transmitting to or from our Product (including our website) any Reviews that: breach any applicable local, national or international laws, is unlawful or fraudulent, amounts to unauthorized advertising, or contains viruses or any other harmful programs.
9.3 In particular (but without limitation), any Reviews that you submit through the Website must not: contain any defamatory, obscene or offensive material; promote violence or discrimination; infringe the intellectual property rights of another person; breach any legal duty owed to a third party (such as a duty of confidence); promote illegal activity or invade another's privacy; give the impression that they originate from us; or be used to impersonate another person or to misrepresent your affiliation with another person.
9.4 The prohibited acts listed above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other material posted, uploaded or transmitted to our Product (including our website) that we determine breaches a prohibition above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, we will not remove or edit reviews where we believe that doing so would be in breach of the Australian Consumer Law.
9.5 The Reviews and other material contained on our Product (including our website) are for information purposes only and do not constitute advice from us. Reviews and material reflect the opinions of customers who have ordered through our Product (including our website) or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6 You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a User including any Relevant Provider or other third party arising out of or in connection with any Reviews or other material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this clause 9.
9.7 You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other material in breach of clause 9 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on our Product (including our website) are provided either for your convenience or as part of utilsing our Product. As indicated in clause 2.3 some parts of the Product may require you to accept terms and conditions that are imposed upon you by our service partners upon entry to our service partners’ online platforms. You will be required to accept those terms and conditions at the point of acceptance of those terms and conditions where indicated. If you do not wish to accept those terms and conditions, you should not indicate your acceptance by clinking in the relevant box, and you should cease ordering any products or services through the Product
If you use other links to third party websites and you leave our Product, you understand that we have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to our Product (including our website), you do so entirely at your own risk.
11.1 We may make changes to the material on our Product (including our website) including prices described on it, or to the Service, at any time without notice.
11.2 Relevant Providers may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Relevant Provider are non-transferrable and are not redeemable for cash.
11.3 Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering. Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the Restaurant.
11.4 The legal contract for the supply and purchase of products or services (including table reservations) is between you and the Relevant Providers that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using our Product (including our website):
11.4.1. We do not give any undertaking that the supply and purchase of products or services ordered from any Relevant Providers through our Product will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.4.2. Estimated times for deliveries and collections are provided by Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
11.4.3. Relevant Providers have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Relevant Providers to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Relevant Provider rejects your Order.
11.4.4. The foregoing disclaimers do not affect your statutory rights against any Relevant Provider.
11.5 We provide you with access to our Product (including our website) and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to our Product (including our website) and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to our Product (including our website) or Service, or be otherwise implied or incorporated into these Terms of Service, by statute, common law or otherwise).
12.1 Nothing in these Terms of Service excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms of Service affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Terms of Service.
12.2 Subject to clause 12.1, and your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our Product (including our website) or the Service (including the use, inability to use or the results of use of our Product or the Service) for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
12.3 Subject to clauses 11, 12.1 and 12.2, and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with our Product (including our website) or the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.
12.4 You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of our Product (including our website) or the Service, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12.5 You agree to indemnify and hold Town Around and all applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms of Service or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
13.1 We may terminate or suspend (at our absolute discretion) your right to use our Product (including our website) or the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used our Product (including our website) or the Service in breach of clause 7.1 (Licence);
13.1.2. you have posted Reviews or other material in breach of clause 9 (Reviews);
13.1.3. you have breached clause 10 (Links to and from other websites); or
13.1.4. you have breached any other material terms of these Terms of Service.
13.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from our website.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Product (including our website) or the Service, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Product (or our website). For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control ("Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.