Terms & Conditions

 

 

 

Terms & Conditions

 

1. Intellectual Property Rights

1.1 We are the authorised user of all intellectual property rights, including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements), whether registered or unregistered) in everything appearing on or contained within the Website, or accessed as part of its services or facilities, including any information content, any database operated by us, Website designs, text and graphics, software, photos, videos, music, sounds, their selection and arrangement, all software compilations, underlying source code and software, unless otherwise indicated ("Intellectual Property Rights").

1.2 Except as provided in the Terms & Conditions, use of the Website does not grant you any right, title, interest or license to any Intellectual Property Rights you may access on the Website or as part of its services or facilities. You shall not, and shall not attempt to, obtain any title to any such Intellectual Property Rights. All rights are reserved.

1.3 None of the material listed in clause 12.1 may be copied, whether in electronic, hard copy or other format, reproduced, distributed, republished, downloaded, displayed, posted, linked, adapted, translated, bundled, merged, shared, transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, in any way exploited, modified or used for commercial purposes, without our prior written consent.

1.4 You may, however, view the Website and you can print hard copies of material solely for your lawful personal non-commercial use. Any violation of this policy may result in the intellectual property right infringement that may subject you to civil and/or criminal penalties.

1.5 Title, ownership rights and intellectual property rights in and to the content displayed by the Partner Restaurants or any other third parties is the property of the applicable content owner and may be protected by applicable copyright or other law. Subject to the limited rights described in clause 12.4, the Terms & Conditions give you no rights to such content.

 

2. No Warranties

2.1 The Website is provided "as is," and your use thereof is at your own risk. Subject to clause 15.1, we, our officers, directors, employees, agents and assigns, Naked Bookings Pty Ltd (ABN 75 169 881 430) ("Licensor") and its officers, directors, emplooyees, agents and assigns disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of quality, merchantability, fitness for a particular purpose, title and non-infringement.

2.2 We and/or the Licensor do not promise or warrant that the Website will meet your requirements, or the results that may be obtained from search will be reliable, accurate or suit your needs and preferences. We and/or the Licensor do not promise or guarantee that you will be able to access or use the Website or lunchalot.com service at times or locations of your choosing. We and/or the Licensor make no promises as to privacy and security other than as expressly stated in the Privacy Policy. No oral or written information or advice given by a lunchalot.com and/or Licensor representative shall create any contractual promise.

2.3 We and/or the Licensor do not warrant that the Website will be free of faults. However, we will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of the same. In the event of an error or fault, you should report it via the form on the "Contact Us" page (choose the option "Support/Technical". We and/or the Licensor do not warrant that your use of the Website will be uninterrupted. You acknowledge that the access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new services or facilities. We will attempt to restore such access as soon as we reasonably can. We and/or the Licensor assume no responsibility for functionality, which is dependent on your browser or other third party software to operate. We and/or the Licensor do not warrant that any information (or messages) transmitted via the Website, email or SMS will be transmitted accurately, reliably, in a timely manner or at all.

2.4 We and/or the Licensor do not give any warranty that the Website is free from viruses or anything else, which may have a harmful effect on any technology. Although we take reasonable steps to secure the Website, you acknowledge that the Internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Website will be safe from unauthorised access or use.

 

3. Limitation of Liability

3.1 Nothing in the Terms & Conditions shall exclude or limit our liability for: (a) any breach of the statutory consumer guarantees relating to the supply of goods and/or services in Schedule 2 to the Competition and Consumer Act 2010 (Cth); (b) fraud; (c) death or personal injury caused by our breach of any obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); or (d) any other liability which cannot be excluded or limited by applicable law.

3.2 Save as provided in clause 15.1, we and/or the Licensor are not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of direct, indirect, consequential loss, third party loss, loss of reputation, loss of actual or anticipated profits, loss of revenue, loss of opportunity, loss of business, loss of contracts, loss of goodwill, loss of anticipated savings, pure economic loss, any increased operating cost, loss of, damage to or corruption of data, damage to your computer systems) however caused and which is suffered directly or indirectly in connection with your use of the Website.

3.3 We and/or the Licensor will not be liable for failure or delay in fulfilling its obligations under the Terms & Conditions if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside the reasonable control of lunchalot.com.

3.4 The liability of lunchalot.com and/or the Licensor for any claim will (to the extent permitted by law) be limited to: (a) in the case of goods - repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and (b) if the breach relates to services – re-supplying those or equivalent services or paying the cost of having those services re-supplied. Save as provided in clause 15.1, our and/or Licensor's total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.

 

4. Indemnity

You will indemnify us and the Licensor from and against any loss, damage or cost incurred by us and/or the Licensor arising out of your use of the Website or any information accessible over or through the Website, including information obtained from linked websites, your submission or transmission of information or material on or through the Website and/or your breach of the Terms & Conditions or any other applicable laws, regulations and rules. You will also indemnify against any claim, demand, suit, action or legal proceeding brought or threatened against us and/or the Licensor that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, damage of reputation, invasion of privacy, breach of confidence, infringement of copyright or any other intellectual property right).

 

5. General

5.1 Severability: Any provision of the Terms & Conditions which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of the provisions read in full force and effect.

5.2 No waiver: Our failure to enforce any provision of the Terms & Conditions will not be considered a waiver of our right to enforce such provision.

5.3 No partnership/agency: Nothing in the Terms & Conditions shall be construed to create a joint venture, partnership or agency relationship between you and lunchalot.com and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

5.4 Entire Agreement: The Terms & Conditions, including our Privacy Policy, constitutes the entire agreement between you and lunchalot.com in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us.

5.5 Applicable law: The Terms & Conditions are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, and waive any right to claim that those courts are an inconvenient forum.

5.6 Last update: The Terms & Conditions were last updated on 1 July 2017.