Venue

These Venue Terms and Conditions (Venue Terms) set out the basis on which participating venues (You) may promote and sell goods and services to patrons using the TableTime platform, comprising both the website www.tabletime.com.au and associated software applications (TableTime), as provided by TableTime Pty Ltd ACN 621 209 925 (Us, We).

  1. Acceptance
    1. These Venue Terms form the basis of the legally binding agreement between You and Us regarding your use of TableTime.
    2. You acknowledge and agree to be bound by these Venue Terms where You:
      1. communicate to Us either verbally or in writing your acceptance of the Venue Terms;
      2. create an account to enable You to utilise TableTime; or
      3. otherwise commence using TableTime for the purposes of advertising, promoting or providing your goods and services to customers
    3. You must only use TableTime in accordance with the provisions of these Venue Terms and Conditions.
  2. Terms

    Your agreement with Us commences upon your acceptance of these Venue Terms and will expire on the date our agreement is terminated in accordance with clause 12.

  3. Use of TableTime
    1. You must actively use TableTime to promote and advertise the goods and services that are available for purchase from your venue by customers.
    2. You must make your goods and services available on TableTime each trading day and during Your usual trading hours.
    3. Where a customer has purchased goods or services from You using TableTime, payment must be made by the customer using TableTime at the time of placing their order.
    4. You are responsible for determining whether you will deliver goods and services that have been purchased directly to your customers, or whether you will require your customers to collect or redeem goods and services from a designated point.
    5. Where You require customers to collect or redeem goods or services, You must include sufficient information in your offering made through TableTime to enable customers to effectively collect or redeem their purchased goods or services.
    6. We have obligations through Our third-party service providers to undertake Know Your Customer or “KYC” security checks of Venues. Where We are required to undertake KYC security checks:
      1. You must provide Us with all documentation that we require in order to undertake the KYC security check; and
      2. We will limit the value of transactions that You are able to undertake with customers using TableTime to an aggregate amount of $5,000 (Pre-KYC Settlement Proceeds) until such time as you have passed the KYC security check
    7. In the event that You:
      1. have not provided us with the documentation that we require within a reasonable time and sufficient to allows us to undertake and finalise the KYC security checks within thirty (30) days; or
      2. fail the KYC security check, then You acknowledge and agree that:
      3. We are entitled to terminate, without any liability to You, our agreement on the basis of these Venue Terms and to terminate your access to and use of TableTime; and
      4. You forfeit your right to and agree that we will retain any Pre-KYC Settlement Proceeds for transactions that You have entered into with customers and that have been received by Us.
    8. You specifically acknowledge and agree that in the context of clause 3(g):
      1. We will not be liable to pay to You any amount of the Pre-KYC Settlement Proceeds; and
      2. We will not otherwise be required to indemnify, reimburse or make any payment to You in respect of any loss, damage, expense or cost that You suffer or incur as a result of Us terminating this Agreement or Your access to TableTime, or as a result of Us not paying to You the Pre-KYC Settlement Proceeds.
  4. Content
    1. You are responsible for all content and materials that You upload to TableTime or that You request Us to upload to TableTime on your behalf, regarding the goods and services that You provide, including but not limited to:
      1. pricing information;
      2. goods and services delivery information, including estimated delivery time frames;
      3. menu information;
      4. refund information;
      5. ensuring all material terms associated with the provision of the goods and services You offer to customers are included in the content and materials uploaded to TableTime;
      6. customer feedback and complaint processes; and
      7. compliance with all relevant laws, regulations and codes.
    2. Where you have uploaded pricing information, such pricing information must be inclusive of any sales or value added tax (including Goods and Services Tax) that you are, or that you become, liable to pay. The amounts that we collect from customers and subsequently remit to you in accordance with clause 6.1 will be inclusive of all such amounts and in no circumstances will we be liable to pay to you any additional amount on account of any sales or value added tax (including Goods and Services Tax).
    3. We will not monitor the content that you upload to TableTime to ensure You have satisfied your legal compliance or regulatory obligations, or to ensure that you have not breached the rights of any third party, and You acknowledge that we have no obligation or responsibility to do so
  5. Refunds
    1. We are not responsible for receiving or managing refund requests from patrons that use TableTime to purchase goods and services that You offer through TableTime. The content and materials that You upload to TableTime should make it clear to customers that refund requests are to be made to you directly.
    2. You acknowledge that in the event You choose to provide a customer with a refund, the Fees and Charges associated with the order placed by your customer using TableTime will remain payable by You to Us.
  6. Fees and Charges
    6.1 Services
      1. In consideration of Us providing you with access and a licence to use TableTime You agree to pay to Us the Fees and Charges as set out in Schedule 1 – Fees and Charges.
      2. Fees and Charges are payable per customer order made through TableTime. Accordingly, the amount of Fees and Charges You must pay to Us will be dependent upon the number of orders placed by your customers.
      3. Subject to clause 3(g), all funds received for purchases made by customers through TableTime (Funds) will be paid directly into a holding account controlled by Us. The Funds will be distributed to your nominated bank account on a once daily basis (excluding weekends and public or banking holidays) less any Fees and Charges (as that term is defined in clause 6) that we are entitled to retain in accordance with these Venue Terms.
      4. In the event of a customer payment for an order being dishonoured, or a chargeback event occurring from a customer’s bank due to the customer disputing a credit card charge for the payment of an order through TableTime, if the Funds for that order have been distributed to your nominated account, We will notify You of the dishonoured payment or chargeback and, at our election:
        1. provide you with an invoice for payment of the relevant amount of Funds;
        2. deduct the relevant amount of Funds for the dishonoured payment from the next distribution of Funds to You;
        3. where You have provided us your bank account details for the deposit of Funds, direct debit the relevant amount of Funds from your nominated bank account; or
        4. where You have provided us with a credit card or multiple credit cards, charge the relevant amount of Funds to any of those credit cards.
    6.2 Additional Services
    1. You may at any time, including at the time of adopting TableTime, request that TableTime provide additional support services (Additional Services).
    2. Where you have requested that TableTime provide Additional Services, TableTime will provide you with a written Proposal with regard to the provision of such Additional Services.
    3. The written Proposal may take the form of a letter, electronic mail or other form of written correspondence between the parties and may consist of one or more documents.
    4. You accept any Proposal provided by TableTime by:
      1. communicating to TableTime your acceptance, either verbally or in writing; or
      2. providing TableTime with instructions regarding the Proposal after receiving the written Proposal.
    5. The fees for any Additional Services and payment terms for those fees will be specified in the Proposal.
    6. Where you have provided TableTime with a credit card or multiple credit cards, TableTime reserves the right to charge the relevant amount of fees for Additional Services to any of those credit cards.
    7. For the avoidance of doubt, TableTime is under no obligation to provide Additional Services.
  7. Intellectual Property Rights and Confidential Information
    7.1 Intellectual Property Rights
    1. Upon your acceptance of these Venue Terms we grant to you:
      1. a non-exclusive, non-transferable, revocable license to use TableTime in accordance with these Venue Terms;
      2. revocable license to use the “TableTime” trade mark for the purposes of identifying and promoting that You utilise TableTime in your venue.
    2. You grant us, a perpetual, irrevocable, world-wide, royalty free, non-exclusive licence (including the right to novate or assign the licence, and to sub-licence) to use, reproduce, adapt, modify and communicate all content and material you upload to TableTime or otherwise provide to us, for any purpose relating to the use of TableTime and incorporating such material into our own advertising, promotional and marketing campaigns
    3. Nothing in these Venue Terms is to be construed as an assignment or transfer of any ownership rights in the intellectual property rights in TableTime, or any other content and materials belonging to Us prior to your acceptance of these Venue Terms.
    4. You must not upload content and materials to TableTime unless You own all intellectual property rights in such content and materials, or are using such content and materials under the licence or authority of the owner of the intellectual property rights in such materials.
    7.2 Confidentiality
    1. For the purposes of these Venue Terms “Confidential Information” means any information in whatever form (including verbal, or recorded on paper or by electronic means) relating to these Venue Terms or the subject matter of these Venue Terms, including but not limited to all, operational and technical information, ideas, methods of operation, concepts, know how, processes and knowledge, but does not include information that is or becomes known or generally available to the public, except if this happens because of a breach of any obligation of confidence (in which case it remains confidential).
    2. Where We have provided You with Confidential Information, You must not, without our express written authority, disclose such Confidential Information to any third party.
    3. In view of the functionality and purpose of TableTime, the content and materials that You provide to Us should not constitute Confidential Information. However, where You have provided us with Confidential Information in the form of content and materials, and have expressly indicated that the content and materials You have provided constitute Confidential Information, We will not disclose such Confidential Information to any third party without your authority to do so.
  8. Privacy
    1. In order to allow You to use TableTime and establish You as a venue on the TableTime platform, We may be required to collect certain personal information from You or employees of your business.
    2. The nature of the personal information that We collect, and information regarding the manner in which We may use and disclose such personal information, is set out in our Privacy Policy.
    3. All personal information that We collect and use is dealt with in accordance with the TableTime Privacy Policy and the Privacy Act 1998 (Cth).
  9. Venue Warranties and Indemnity
    9.1 Warranties

    You hereby warrant to Us that:

    1. by uploading content and materials to TableTime you will not breach the rights of any third party;
    2. where a third party has intellectual property rights in content and materials You have uploaded to TableTime, You have the required authority and consent to grant us a license to use such content and materials in the manner contemplated by these Venue Terms;
    3. You will not upload content and material to TableTime that is misleading, deceptive or false with regard to the nature and quality of the goods and services that You are offering through TableTime, or as to the origin of those goods and services;
    4. You will not upload any content to TableTime that is obscene, indecent or offensive in nature;
    5. You will not copy or otherwise make use of content and materials uploaded to TableTime by other users of the platform, unless you have first obtained the express written consent of that party to do so;
    6. all permits, licences or authorities that You require in order to operate your business or advertise, promote and sell the goods and services that You will be offering using TableTime have been obtained;
    7. where We have provided You with an account and password to enable You to access TableTime, You will not disclose your account details or password to any person;
    8. You will not make any representation in any form that the goods and services that You provide have the sponsorship, approval or endorsement of Us, or that you are affiliated with us (other than by virtue of your use of TableTime);
    9. in the event of a credit card chargeback event as contemplated by clause 6.1(d), You will within five (5) days of our request provide us with all reasonable documentation that we require in order to resolve the disputed charge with the customer;
    10. You will not breach any laws, regulations, codes or applicable rules (whether statutory or at common law) in your use of TableTime; and
    11. You have the authority and capacity to enter into this agreement with Us and to be bound by your obligations under these Venue Terms.
    9.2 Indemnity
    1. For the purposes of this clause 9.2 the term “Loss” includes any damage, loss, cost, liability or expense of any kind and however arising (including as a result of any demand, claim, action, dispute or proceeding) including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable.
    2. You hereby indemnify and keep Us indemnified against any Loss that may be incurred or suffered by Us arising from or in connection with:
      1. any breach or default by You of these Venue Terms (including any breach of warranty);
      2. a negligent act or omission by You or by a party You are responsible for;
      3. your failure to comply with any applicable law, regulation, code or rule;
      4. your failure to comply with your contractual obligations to any third party insofar as such obligations arise or relate to the use by You, or by a party You are responsible for, of TableTime;
      5. the failure of a party You are responsible for in complying with any law, regulation or rule; and
      6. any demand, claim, action, dispute or proceeding made or brought against Us as a result of an act or omission by You or resulting in any way from the upload of content and materials to TableTime by You.
    3. The indemnity that You are providing under clause 9.2 will be reduced proportionately to the extent that We have contributed to any Loss suffered or incurred by Us through our own negligent act or omission
  10. Venue Acknowledgements
    1. You acknowledge and agree that:
      1. computer and software services are not fault free and occasional periods of downtime may occur with regard to TableTime;
      2. We have not made any representations or warranties that TableTime will be error free, free of viruses or available without interruption;
      3. Where We have agreed to provide Additional Services, We make no warranty, representation or assurance that the Additional Services that we provide on your behalf will result in a particular outcome, including but not limited to an increase in patronage in your venue, an increase in orders that you receive through TableTime, or an increase in revenue, profits or sales;
      4. We may publish Your details on our website or any other advertising medium for the purpose of representing that You are utilising, or have previously utilised TableTime;
      5. We are not responsible for any customer payment that is dishonoured after an order has been processed and accordingly You release us from any liability to pay to You any dishonoured amount;
      6. Your goods and services are not endorsed by Us and that We do not make any warranties or bear any responsibility with regard to your goods and services;
      7. If the goods and services You are offering, or the content and materials you upload to TableTime, are in breach of the law, any regulation, code or licence (including but not limited to a liquor licence) this will constitute a breach of your obligations under these Venue Terms;
      8. If We think it is reasonable to do so, We may immediately suspend your access to TableTime, remove or amend any content or material you have uploaded to TableTime, or take any other steps We deem reasonably necessary or appropriate to protect our interests or those of third parties;
      9. We will not be responsible for any loss, damage or expense You may suffer or incur, whether direct or consequential, arising from or relating to the exercise of our right to suspend or terminate your access to TableTime in accordance with clause 10(d); and
      10. You acknowledge and agree that We may at our discretion undertake various identity checks (for example Know Your Customer or “KYC” checks) on You utilising different providers for the purposes of obtaining your credit report, credit score and any other information that is relevant to our engagement with You.
    2. You acknowledge and agree that we may utilize any security measures, whether technological or otherwise, that we consider appropriate in order to ensure the TableTime platform remains secure and that You are not breaching any laws in your use of Table Time.
    3. We reserve the right to cancel your account immediately and without notice where you fail, or we suspect that You are likely to fail, any credit or security checks as contemplated by clauses 10(a)(x) and 10(b), or we consider You are otherwise a risk or likely to be a risk to the security of TableTime.
  11. TableTime Warranties and Limitations of Liability
    1. If We have agreed to provide Additional Services, we will provide the Additional Services in accordance with the terms of this Agreement, the Proposal and in a professional manner with due care, skill and diligence.
    2. Unless otherwise required by law, our maximum liability for any breach of these Venue Terms in contract or tort (including negligence) is limited at our option to:
      1. the resupply to you of TableTime and no cost to You;
      2. the amount paid to us by You pursuant to these Venue Terms in the six (6) month period directly preceding the liability event.
    3. Unless otherwise required by law, our maximum liability in respect of any Additional Services that we provide to you is limited at our option to:
      1. the resupply to you of the Additional Services at no cost to You;
      2. the amount paid to us by You for the delivery of the Additional Services.
    4. To the maximum extent permitted by law, we will not be liable for any loss of profit, loss of goodwill, loss of opportunity or any special, punitive, indirect or consequential loss or damage incurred by you or by any other person whether directly or indirectly related to these Venue Terms.
    5. We are not liable for any loss or damage caused to you by reason of any delay, lack of supply, industrial action, fire, riot, war, embargo, civil commotion, act of God or any other event which is beyond our control.
  12. Termination
    1. Either party may terminate this agreement at any time upon the provision of seven (7) day’s written notice to the other party of its intention to terminate.
    2. Upon termination:
      1. You must pay to us:
        1. all outstanding Fees and Charges;
        2. any outstanding dishonoured customer payment or chargeback;
        3. any other outstanding amount duly owing to Us in accordance with these Venue Terms.
      2. We will:
        1. transfer to your nominated account all outstanding Funds to which you are entitled (less any Fees and Charges, dishonoured customer payments or chargeback amount) in accordance with these Venue terms;
        2. terminate your access to TableTime; and
        3. at our discretion remove or delete the content and materials that You have uploaded to TableTime.
    3. If you hold in your possession or control any Confidential Information belonging to Us, upon our request You must within seven (7) days return or destroy such Confidential Information and provide Us with evidence of the destruction of such Confidential Information.
  13. General
    1. We may amend these Venue Terms at any time. Where we are required to amend the Venue Terms, we will provide you with prior notice of such amendment. If you continue to use TableTime following our amendment to the Venue Terms, you will be deemed as having accepted the amendment and having agreed to be bound by such amendment.
    2. Neither party will be liable for any delay or failure to perform its obligations pursuant to these Venue Terms if such delay is due to a cause beyond the reasonable control of a party and which that party is unable to overcome by the exercise of reasonable diligence and at a reasonable cost.
    3. We may, upon notice in writing to You, assign or otherwise transfer the benefit of all or any part of these Venue Terms to any other person or entity. You must not assign, novate or otherwise transfer any rights, benefits or liabilities relating to these Venue Terms without our prior written consent.
    4. These Venue Terms are governed by the law in force in the State of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to these Venue Terms.
    5. Clauses 7.1(b), 7.2(b), 9.2, 10(c), 12 and this clause 13(e) are intended to survive termination of these Venue Terms.
    6. Any provision of these Venue Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Venue Terms which shall remain in force.

 

Schedule 1         Fees &Charges

The following Fees and Charges will be charged to Venues utilising TableTime.

User User Fee
Venue NIL.

Patron

These Patron Terms and Conditions (Patron Terms) set out the basis on which participating patrons (You) may access and use the TableTime platform, comprising both the website www.tabletime.com.au and associated software applications (TableTime), as provided by TableTime Pty Ltd ACN 621 209 925 (Us, We), to order and pay for goods and services (Products) from participating venues (Venues).

Acceptance

These Patron Terms form the basis of the legally binding agreement between You and Us regarding your use of TableTime.
You acknowledge and agree to be bound by these Patron Terms where You:

  1. communicate to Us either verbally or in writing your acceptance of the Patron Terms;
  2. create an account to enable You to utilise TableTime;
  3. commence using the TableTime software application;

otherwise commence using TableTime for the purposes of ordering and purchasing Products from Venues.

You must only use TableTime in accordance with the provisions of these Patron Terms and Conditions.

Term

Your agreement with Us commences upon your acceptance of these Patron Terms and will expire on the date our agreement is terminated in accordance with clause 13(a).

Licence

Subject to your compliance with these Patron Terms We grant to You a non-exclusive, non-transferable and revocable licence to:

  • access and use TableTime for the purposes of ordering and purchasing Products from Venues; and
  • access and use any content, information and related materials that may be available through TableTime for the purposes of ordering and purchasing Products from Venues.

The licence provided in clause 3(a) is limited to your personal, non-commercial use of TableTime and its related content, information and materials.

Nature of Agreement

All Products being advertised and sold through TableTime are being advertised and provided to You directly by the relevant Venue from which you have ordered the Products.

You acknowledge that TableTime is an ordering and payment processing platform only. We do not provide Products and are not a producer, supplier or reseller of Products.

Any contract for the supply of Products is strictly between You and the relevant Venue from which You have purchased Products.

All orders for Products that you place with Venues are dependent on and subject to the availability of the Venue and its ability to fulfill your order.

Use of TableTime

You must only use TableTime in accordance with these Patron Terms.

In order to use TableTime We will provide you with functionality to create an account. You must not disclosure your account details, including any passwords or access codes, to any other person.

If You believe someone has access to your account, You must notify Us immediately and change your password or access code (as the case may be). Failure to do so may result in You incurring charges for orders that are processed using your account.

In order to utilise TableTime and to place an order with a Venue for Products, we will require You to provide details of a credit card that will be linked to your account and charged automatically upon the processing of an order made by You with a Venue.

We will communicate with You using a number of mediums including by email, SMS text message to the mobile telephone number that you have provided (if any) and directly via TableTime, and You authorise us to do so.

When making an order through TableTime it is your responsibility to provide all information that may be requested by a Venue to enable it to fulfill your order and provide you with its Products.

You acknowledge that it is your responsibility to be present at the premises of a Venue when placing an order so that the Venue is able to provide you with the Products the subject of your order.

If You are not present at the premises of a Venue at the time an order is ready, the Venue may at its discretion determine that You have forfeited your order and that You are not entitled to a refund of any payment made for the order.

Fulfilment and delivery times for orders that You have placed will be subject to and controlled by the Venue with which You have placed an order. We do not monitor whether an order has been properly fulfilled or delivered by a Venue and any complaints regarding an order or the Products the subject of an order must be made directly to the relevant Venue.

You must not place orders for alcoholic beverages using TableTime if You are under the age of eighteen (18), if you are intoxicated or if You are otherwise prohibited from ordering or consuming alcoholic beverages by any
applicable law.

Venues have the complete discretion to determine whether or not to provide you with a Product the subject of your order. We do not accept responsibility for, and You release and hold us harmless from, any loss, damage or expense You may suffer as a result of a Venue refusing to fulfil your order, whether partially or in full.

You must comply with all applicable laws, regulations, codes and licensing requirements in your use of TableTime.

Content

TableTime allows Venues to upload content and materials including (but not limited to):

  • product information and descriptions,
  • pricing information;
  • menu information;
  • delivery information;
  • Venue information;
  • Venue refund policies; and
  • related advertising and promotional material.
(Third Party Content)

We do not monitor Third Party Content and You acknowledge that We make no representations or warranties regarding the nature, accuracy or completeness of Third Party Content.

We may provide links to third party websites accessible through TableTime. Such third party websites are not under our control and We cannot accept responsibility or liability in respect of the content made available through third party websites.

Fees

You are required to pay for any order made to a Venue for the supply of Products at the time We process your order.

We will charge You for an order of Products in accordance with the prices for Products as notified to Us by the relevant Venue. You acknowledge and agree that We are not responsible for any discrepancy in the pricing of Products advertised, whether through TableTime, at a particular premises, in promotional or marketing material or elsewhere.

In addition to charging You for the price of Products that You order through TableTime, We will also charge You a service fee, as set out in Schedule 1 of these Patron Terms.

Once You have placed an order for Products and We have processed that order, your order cannot be cancelled or changed through TableTime.

If You wish to cancel or change your order You must contact the relevant Venue directly. The Venue may at its discretion allow You to cancel or change your order. However, We do not have any control over this process and accordingly offer no guarantee that a Venue will comply with your requests.

We reserve the right to include as additional charges on your order any third party payment processing costs associated with your method of payment.

We do not accept responsibility for any additional charges that a Venue may render at the time of collection or redemption of your Products from the Venue.

In the event that You wish to dispute a charge that has been rendered against You for an order that You have placed with a Venue, You must contact Us via email at support@tabletime.com.au and particularize in writing the nature of your complaint. We will then deal with the Venue directly with a view to resolving your dispute and will notify You within a reasonable time of the outcome of such dealings.

Refunds

You acknowledge that We are not responsible for receiving or managing refund requests regarding orders that You have placed with Venues through TableTime.

Venues are responsible for determining their own refund policies and any request for a refund must be made directly to the relevant Venue.

You acknowledge and accept that We do not provide any refunds for any amounts paid for an order through TableTime, including any service fee that We may have charged for the processing of your order and your payment.

You acknowledge and agree that You will not be entitled to a refund of any amount paid for an order of Products, including any service fees that We have charged, where:

  • a Venue refuses to fulfil your order due to its liquor licensing requirements;
  • a Venue deems that You have forfeited your order due to a failure by You to comply with any directions provided by the Venue, whether through its content on TableTime or in person at the Venue;
  • a Venue refuses to fulfil your order due to a law or regulation that operates to prohibit the Venue from fulfilling your order.
Intellectual Property Rights and Confidential Information

Intellectual Property Rights

  1. You must not without our express written authority engage in the use, copying, reproduction, display modification or distribution of any of the content available through TableTime including any text, software, scripts, flash files, graphics, photos, sounds, music, videos, business names, company names and logos.
  2. You must not utilise any tool, program, script or application for the purpose of scraping, indexing, surveying or otherwise data mining any portion of TableTime.
  3. You must not attempt to gain unauthorised access to or impair any aspect of TableTime, or otherwise undertake or engage in actions that impede the operation or functionality of TableTime.
  4. Nothing in these Patron Terms is to be construed as an assignment or transfer to You of any ownership rights in the intellectual property rights in TableTime, or any other content and materials belonging to Us.
  5. We may provide You with the ability to upload content to TableTime. Where You have uploaded content to TableTime You grant us, a perpetual, irrevocable, world- wide, royalty free, non-exclusive licence (including the right to novate or assign the licence, and to sub-licence) to use, reproduce, adapt, modify and communicate all content and material uploaded by You or otherwise provided to Us, for any purpose relating to the use of TableTime, as well as incorporating such material into our own advertising, promotional and marketing campaigns.

Privacy

In order to allow You to use TableTime and establish You as a patron on the TableTime platform, as well as provide you with all of the benefits available through TableTime, We may be required to collect certain personal information from You.

The nature of the personal information that We collect, and information regarding the manner in which We may use and disclose such personal information, is set out in our Privacy Policy.

All personal information that We collect and use is dealt with in accordance with the TableTime Privacy Policy and the Privacy Act 1998 (Cth).

Patron Warranties and Indemnity

Warranties

You hereby warrant to Us that:

  1. you will not breach the rights of any third party in your use of TableTime;
  2. where a third party has intellectual property rights in content and materials You have uploaded to TableTime, You have the required authority and consent to grant us a license to use such content and materials in the manner contemplated by these Patron Terms;
  3. You will not upload content and material to TableTime that is misleading, deceptive or false, obscene, indecent or offensive in nature;
  4. You will not breach any laws, regulations, codes or applicable rules (whether statutory or at common law) in your use of TableTime;
  5. You will not use TableTime in a manner that is contrary to any law, regulation or code; and
  6. You have the authority and capacity to enter into this agreement with Us and to be bound by your obligations under these Patron Terms.

Privacy

In order to allow You to use TableTime and establish You as a patron on the TableTime platform, as well as provide you with all of the benefits available through TableTime, We may be required to collect certain personal information from You.

The nature of the personal information that We collect, and information regarding the manner in which We may use and disclose such personal information, is set out in our Privacy Policy.

All personal information that We collect and use is dealt with in accordance with the TableTime Privacy Policy and the Privacy Act 1998 (Cth).

Indemnity

  1. For the purposes of this clause 11.2 the term “Loss” includes any damage, loss, cost, liability or expense of any kind and however arising (including as a result of any demand, claim, action, dispute or proceeding) including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable.
  2. You hereby indemnify and keep Us indemnified against any Loss that may be incurred or suffered by Us arising from or in connection with:
    1. any breach or default by You of these Patron Terms (including any breach of warranty);
    2. a negligent act or omission by You;
    3. your failure to comply with any applicable law, regulation, code or rule;
    4. your failure to comply with your contractual obligations to any third party insofar as such obligations arise or relate to the use by You, or by a party You are responsible for, of TableTime; and
    5. any demand, claim, action, dispute or proceeding made or brought against Us as a result of an act or omission by You or resulting in any way from the upload of content and materials to TableTime by You.
  3. The indemnity that You are providing under clause 11.2 will be reduced proportionately to the extent that We have contributed to any Loss suffered or incurred by Us through our own negligent act or omission.
  4. This clause 11.2 survives the termination of the agreement between Us and You on the basis of these Patron Terms.

Patron Acknowledgements

You acknowledge and agree that:

  • computer and software services are not fault free and occasional periods of downtime may occur with regard to TableTime;
  • We have not made any representations or warranties that TableTime will be error free, free of viruses or available without interruption;
  • We will automatically charge your nominated credit card at the time We process an order by You through TableTime;
  • if a payment You have made through TableTime is declined, your order with a Venue will not be fulfilled;
  • We do not endorse, make any warranties or bear any responsibility with regard to:
    • Third Party Content;
    • Venue Products;
    • the fulfilment of orders that You have placed with Venues through TableTime;
    • processing any refund request, regardless of the basis on which You are requesting the refund; and
    • the nature or attributes of any Venue. The breach by You of any applicable law, code or regulation in your use of TableTime will constitute a breach of your obligations under these Patron Terms;
    • We may at our discretion undertake various identity checks (for example Know Your Customer or “KYC” checks) or utilize other security measures in order to ensure the TableTime platform remains secure and that You are not breaching any laws in your use of Table Time. We reserve the right to cancel your account immediately and without notice where you fail, or we suspect that You are likely to fail, any such checks, or You are otherwise a risk or likely to be a risk to the security of TableTime.
    • If We think it is reasonable to do so, We may immediately suspend your access to TableTime, remove or amend any content or material you have uploaded to TableTime, or take any other steps We deem reasonably necessary or appropriate to protect our interests or those of third parties; and
    • We will not be responsible for any loss, damage or expense You may suffer or incur, whether direct or consequential, arising from or relating to the exercise of our right to suspend or terminate your access to TableTime in accordance with clause 12(f).

TableTime Warranties and Limitations of Liability

Unless otherwise required by law, our liability for any breach of these Patron Terms in contract or tort (including negligence) is limited at our option to:

  • the resupply to you of TableTime and no cost to You;
  • a monetary amount equivalent to the cost of resupplying TableTime to You; or
  • the amount paid by You to Us for the supply of our services to You, being the processing of a particular order placed by You through TableTime.

To the maximum extent permitted by law, we will not be liable for any loss of profit, loss of goodwill, loss of opportunity or any special, punitive, indirect or consequential loss or damage incurred by You or by any other person whether directly or indirectly related to these Patron Terms.

We are not liable for any loss or damage caused to You by reason of any delay, lack of supply, industrial action, fire, riot, war, embargo, civil commotion, act of God or any other event which is beyond our control.

We do not make any representations or warranties regarding the quality, nature, availability or preparation of Products.

We do not make any representations or warranties that Products will be safe, of an acceptable standard or fit for consumption.

In consideration of the licence granted to You to use TableTime, you hold harmless and release Us from and against all liability howsoever suffered or incurred by You resulting from or related to the matters contemplated in clause 13(d)and 13(e).

Termination

You may terminate this agreement at any time by:

  • deleting your TableTime account details and ceasing using TableTime in any capacity;
  • requesting through the following email account < support@tabletime.com.au > that We delete your account and that We terminate your access to TableTime.

We may terminate this agreement with You at any time by:

  • terminating your access to TableTime;
  • deleting your TableTime account; or
  • by notification to you in writing, whether through TableTime, by SMS text message notification or by email.

Upon termination You must pay to Us all outstanding fees and dishonoured payments (if any) rightfully owing to us in accordance with clause 7 of these Patron Terms.

General

We may amend these Patron Terms at any time. Where We are required to amend the Patron Terms, We will provide You with prior notice of such amendment. If You continue to use TableTime following our amendment to the Patron Terms, You will be deemed as having accepted the amendment and having agreed to be bound by such amendment.

Neither party will be liable for any delay or failure to perform its obligations pursuant to these Patron Terms if such delay is due to a cause beyond the reasonable control of a party and which that party is unable to overcome by the exercise of reasonable diligence and at a reasonable cost.

We may, upon notice in writing to You, assign or otherwise transfer the benefit of all or any part of these Patron Terms to any other person or entity. You must not assign, novate or otherwise transfer any rights, benefits or liabilities relating to these Patron Terms without our prior written consent.

These Patron Terms are governed by the law in force in the State of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to these Patron Terms.

Any provision of these Patron Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Patron Terms which shall remain in force.

Fees

The following Fees are the current charges that will be rendered by TableTime to Patrons for use of TableTime.

User Fee
Patrons

2.95% on the total value of the patrons'; order on all orders. This convenience fee is payable per order and includes:

  1. Bank credit card merchant service fees
  2. Bank gateway transaction fees
  3. TableTime’s convenience service fees

Promotions

These Venue Terms and Conditions (Venue Terms) set out the basis on which These Promotional Terms and Conditions (Promotional Terms) set out the basis on which TableTime Pty Ltd ACN 621 209 925 (TableTime) will conduct promotional and marketing campaigns from time to time, whether through its website (www.tabletime.com.au) or software application (TableTime Application).

  1. Table Time
    1. These Promotional Terms form the basis on which you are entitled to participate in promotional and marketing campaigns (Promotions) that are run by TableTime.
    2. Promotions may take various forms including, for example, specials or discounts offered by TableTime on goods available through the TableTime Platform, vouchers or reward cards, or other prizes offered to patrons or venues using the TableTime Platform.
  2. Acceptance and Variation
    1. By entering into or participating in a Promotion you are agreeing to be bound by these Promotional Terms.
    2. These Promotional Terms are to be read in addition to the TableTime Venue Terms and TableTime Patron Terms. To the extent of any inconsistency with these Promotional Terms, the TableTime Venue Terms or TableTime Patron Terms (as the case may be) will prevail.
    3. TableTime reserves the right to withdraw or amend the terms of any Promotion at any time where, in the discretion of TableTime, it is reasonable or necessary to do so. This may include, for example, where a Promotion is affected by circumstances out of the control of TableTime.
  3. The Promotion
    3.1 Eligibility
      1. Unless otherwise stated by TableTime in a particular Promotion, in order to participate in a Promotion you must be an active user of TableTime, whether as a patron or venue (as defined in the Patron Terms and Venue Terms).
      2. In order to participate in a Promotion you must be considered legally an adult in your jurisdiction or territory.
      3. The general eligibility and specific participation terms of each Promotion will vary and TableTime will detail those terms in the Schedule to these Promotional Terms. TableTime may also, at its discretion, advertise any general terms on its website, through the TableTime Application or in its marketing correspondence to you. The general terms may include information such as:
        1. conditions of entry of a Promotion;
        2. eligibility to receive benefits as part of a Promotion;
        3. the duration of a Promotion, including start and finish dates;
        4. the special, discount, voucher, reward or other benefit or prize that participants in the Promotion may receive; and
        5. other general terms or requirements regarding the conducting of the Promotion.
      4. General terms of the nature referred to in 3.1(c) are subject to change:
        1. where circumstances arise that are out of the control of TableTime that affect the Promotion;
        2. where required by a law or regulation; or
        3. where TableTime otherwise considers it reasonable to do so.
      5. To the extent of any inconsistency, these Promotional Terms will prevail over any general terms as referred to in 3.1(c).
      6. The eligibility of a patron or venue to participate in a Promotion will be determined at the sole discretion of TableTime.
      7. TableTime does not warrant or guarantee that it will take into account any particular criteria when determining the eligibility of a venue or patron to participate in a Promotion.
      8. The outcome of all Promotions, including winners or participants that will receive a benefit or prize as part of a Promotion, will be determined at the sole discretion of TableTime.
    3.2 Territories
    1. Promotions will be run by TableTime in various jurisdictions and territories throughout the world.
    2. Certain promotions may be limited to patrons and venues that are located in specific countries.
    3. TableTime makes no guarantee or warranty that any Promotion that it runs will be available in multiple jurisdictions or territories, or in a particular jurisdiction or territory.
    4. You acknowledge and agree that as a patron or venue it is your responsibility to ensure that you comply with all laws and regulations in participating in a Promotion.
    5. TableTime will not be liable for any loss, damage, expense, cost or liability of whatsoever nature that you may suffer or incur as a result of your participation in a Promotion.
    6. You accept any Proposal provided by TableTime by:
      1. communicating to TableTime your acceptance, either verbally or in writing; or
      2. providing TableTime with instructions regarding the Proposal after receiving the written Proposal.
    7. The fees for any Additional Services and payment terms for those fees will be specified in the Proposal.
    8. Where you have provided TableTime with a credit card or multiple credit cards, TableTime reserves the right to charge the relevant amount of fees for Additional Services to any of those credit cards.
    9. For the avoidance of doubt, TableTime is under no obligation to provide Additional Services.
  4. Partners
    1. TableTime may from time to time run Promotions in conjunction with third party providers of goods and services.
    2. To the extent that a Promotion involves the provision of goods and services by a third party, TableTime makes no warranty, representation or guarantee regarding the nature or quality of those goods and services.
    3. To the extent adverting and promotional material is provided by a third party as part of a particular promotion, TableTime makes no warranty, representation or guarantee regarding the content of those third party advertisements and promotions.
    4. You hereby release us all liability for any loss, cost, damage, expense or other detriment that you may suffer or incur as a result of any third party content or services.
    5. The release provided in clause 4(d) will be reduced proportionately to the extent that TableTime has contributed to the loss, cost, damage, expense.
  5. Outstanding Fees
    1. In the event that you participate in a Promotion, or receive a benefit as a consequence of participating in a Promotion, and at the time of participating or being awarded a benefit (of whatsoever nature) you owe to us any fees (howsoever arising), you acknowledge:
      1. we have the right to disqualify or exclude your from the Promotion; and
      2. we have the right to rescind or withdraw any benefit (of whatsoever nature) that you receive from the Promotion.
      3. You acknowledge and agree that, unless we have specifically agreed in writing, you are not entitled to apply a benefit that you receive from a Promotion to repay or set-off any fees that are owing to us.
  6. Nominated Accounts
    1. Participants in Promotions will receive the benefits from their Promotions to the accounts that have created on the TableTime application.
    2. To the extent that a benefit from a Promotion involves a cash refund, the cash refund will be paid into the bank account of the participant linked to that participant’s account.
    3. All benefits from a Promotion will be awarded to selected participants within a reasonable period of the conclusion of a Promotion.
    4. Benefits from Promotions are non-transferrable.
  7. Privacy
    1. In order to participate in a Promotion you may be required to provide certain personal information.
      The nature of the personal information that we collect and information regarding the manner in which we use and disclose such personal information, is set out in our Privacy Policy here. https://tabletime.com.au/privacy-policy/
    2. All personal information that We collect and use is dealt with in accordance with the TableTime Privacy Policy and the Privacy Act 1998 (Cth).
  8. Indemnity
    1. For the purposes of this clause 8 the term “Loss” includes any damage, loss, cost, liability or expense of any kind and however arising (including as a result of any demand, claim, action, dispute or proceeding) including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable.
    2. You hereby indemnify and keep us indemnified against any Loss that may be incurred or suffered by us arising from or in connection with:
      1. any breach or default by you of these Promotional Terms (including any breach of warranty);
      2. a negligent act or omission by you; and
      3. your failure to comply with any applicable law, regulation, code or rule;
    3. The indemnity that You are providing under clause 8 will be reduced proportionately to the extent that we have contributed to any Loss suffered or incurred by us through our own negligent act or omission.
    4. This clause 8 survives the termination of the agreement between us and you on the basis of these Terms.
  9. General
    1. Jurisdiction
      1. Our agreement on these Terms is governed by the law in force in the State of Queensland, Australia.
      2. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
    2.  Severability

Any provision of the Terms and Conditions that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms and Conditions which shall remain in force.

Schedule               1

There are no current promotions