Terms & Conditions

 

 

 

Lunchalot Club Pty Ltd

 

Terms & Conditions

 

The website www.lunchalot.com, including its services and facilities (the "Website") is operated by Lunchalot Club Pty Ltd ACN 154 977 885 (referred to as "lunchalot.com", "we" or "us" or "our" in this document) under licence. The terms & conditions that appear below (the "Terms & Conditions") are a legally binding document, setting out the terms of your use of the Website ("you", “your”, "Member", "Partner Restaurant", "user"), as well as the terms of maintaining your membership/account with lunchalot.com. Any use by you of the Website is conditional upon your acceptance of the Terms & Conditions, including our Privacy Policy, which is incorporated into and forms part of the Terms & Conditions.

 

IF YOU DO NOT ACCEPT THE TERMS & CONDITIONS PLEASE LEAVE THE WEBSITE NOW.

 

We reserve the right to amend the Terms & Conditions from time to time without notice and at our discretion. It is your responsibility to periodically review this page for updates to the Terms & Conditions, which shall come into effect once posted. The date of the last update is displayed in clause 17.6. If you do not agree with such changes to the Terms & Conditions, you must terminate your lunchalot.com membership/account by writing to us on: contact@lunchalot.com. Your continued use of the Website will be deemed acceptance of the Terms & Conditions, including our Privacy Policy.

 

1. The Offer

1.1 We provide an online promotional platform for restaurants and cafés ("Partner Restaurants") to offer lunchalot.com members ("Members") and their accompanying guests on a "last minute" basis and based on availability: (a) a 50% discount off the regular menu prices on all food excluding beverages (the "Main Offer"; and / or (b) a 25% discount off regular menu prices on all food and beverages during the defined peak times (the "Peak-Time Offer") when booking with lunchalot.com. Partner Restaurants set the times they wish their tables on Main Offer or Peak-Time Offer ("tables") to appear on the Website, the times available for booking, the number of available tables and the minimum and maximum number of guests per table they wish to accept. All tables advertised on the Website are available for booking by Members only. The terms of the Main Offer or Peak-Time Offer cannot be varied or modified.

1.2 We administer a membership program where a Member for a fee or on a free trial basis can book advertised tables in real time via the Website. A Partner Restaurant gets notified of the booking by lunchalot.com. Members can search by postcode or by suburb. The results displayed include the surrounding suburbs within a defined range. Members can sort their results by time, cuisine, price guide, minimum and maximum number of guests per table. 

1.3 We cannot control how many table listings are made by Partner Restaurants via the Website and when such table listings are posted or advertised. We do not warrant the availability of tables in your locality or at your preferred time, or that such table listings will be suitable for you. Occasionally you will not be able to find a Partner Restaurant that will suit your needs or preferences, especially at peak times, or to book your preferred table before someone else does. New tables appear on the Website as soon as posted by a restaurant, and disappear from the Website as soon as a table is booked or a relevant time slot expires.   

1.4 For the purposes of the Main Offer and Peak-Time Offer, "beverages" shall include but not limited to alcoholic and non-alcoholic beverages, hot and cold drinks, BYO/corkage fees and charges. Pricing for food and beverages are as per the Partner Restaurant's regular menu. It is at the discretion of the Partner Restaurant to determine whether the Main Offer or the Peak-Time Offer discount can be combined with any other specials, promotions, vouchers, third party certificates or coupons. Any surcharges or the like, including but not limited to public holiday surcharges or weekend surcharges, if applicable, will be charged as per normal on top of the final bill/invoice.

1.5 Discount on Redemption: Discount on redemption is available on select restaurants only. These are symbolised with a purple star next to the restaurant’s name on the search page. The available discounts on redemption are: 25% off the bill or 50% off food, as indicated on the listing. The discount needs to be claimed and will be paid by lunchalot.com on the first $100 spent in one transaction. Example: if a food bill comes to $110, on the 50% off food booking lunchalot.com will pay $50 and on the 25% off the bill booking lunchalot.com will pay $25. The discount on redemption is only available to lunchalot.com paying members who made a valid booking request for a respective restaurant through the lunchalot.com website and received a booking confirmation email from lunchalot.com. A booking request can only be made during business hours: Mon-Fri 9.00am – 5.00pm. To claim the discount, a member must scan and email their receipt to admin@lunchalot.com and confirm that the refund should be paid to the same credit card, which was used to pay for your membership subscription. If the amount claimable exceeds the amount paid to lunchalot.com to date, the redemption discount will be paid by a cheque. To be eligible for redemption, the receipt must be received by lunchalot.com within 7 days from the date of booking. The total number of redemptions per week is strictly limited. Lunchalot reserves the right to decline a booking request for any reason whatsoever. No amendments are possible after confirmation of a booking, unless agreed with lunchalot.com. This offer is not transferable or exchangeable. Only the member who made the booking is eligible for the offer.

1.6 The price guide displayed on the Website is based on the following criteria, though please note, this is a rough guide:

$ = quick service / high table turnover / low-price menus

$$ = mid-range segment / quality food / average-price menus

$$$ = fine-dining / high-quality food / high-price menus

1.7 The distance to the Partner Restaurant as it appears on the Website is only an approximation, as it is calculated from the centre of the search criteria (postcode or suburb) and not your exact location within that postcode or suburb. You need to use your own navigation tools to determine the exact distance between your location and the Partner Restaurant's location.  

 

2. Membership

2.1 In order to have access to all operative parts of the Website, to purchase a lunchalot.com membership or have a free trial, to utilise booking credits or book available tables posted by our Partner Restaurants, you must first create an account on the Website. When creating an account, you will be asked to provide your name, a valid email address, a valid mobile number, your postcode and password. You must keep your password confidential and log out off your account each time you finish your session. You agree that any person to whom your username or password is disclosed or made available or any person who obtained access to your profile otherwise is authorised to act as your agent for the purposes of using and/or transacting via the Website. If you forget your password, it can be recovered by clicking on the "Forgotten Password" link on the log-in page of the Website. An email containing your password will be sent to your email address.

2.2 By creating an account, you consent to receiving email and/or SMS communications as stated in our Privacy Policy.  Your user account can also be used to view your past purchases and modify your account information and preferences.

2.3 We reserve the right to refuse registration of an account (or to close an existing account) where a user has opened, or is attempting to open, an account in a fraudulent or illegal manner or otherwise contrary to the Terms & Conditions. You are solely responsible for the activity that occurs in your account and for keeping your account details secure and up to date.

2.4 You warrant that all information provided on registration and contained as part of your account during the course of your membership is true, complete and accurate. You must keep this information current by updating the details in your account.

2.5 Partner Restaurants may have their own applicable terms and conditions in relation to supply of goods and services, and you agree to abide by those terms and conditions. It is your responsibility to ensure that any goods or services available through the Website meet your specific requirements.

 

3. Membership Fees

3.1 When you join lunchalot.com, you will be charged on your nominated credit card a one-off administration fee in the amount published on the joining page to process your enrolment as a Member and enable your access to the Member area of the Website ("Administration Fee"), unless expressly provided otherwise.

3.2 You will also be charged on your nominated credit card your membership fees ("Membership Fees") in the amount specified on the Membership Options and Payment pages. If you are a monthly or quarterly member, the month or quarter are calculated from the date when you joined. Example: if you join on May 15th and you are a quarterly member, your membership renewal date will be August 15th; or if you are a monthly member and join on January 31st, your membership renewal date will be February 28th or February 29th in the event that it is a leap year. If you join on a free trial basis, you will not be charged any fees on your credit card during the free trial period, even if the credit card has been requested at registration. Your ongoing Membership Fees will be billed monthly or yearly (depending on your type of membership) and debited from your nominated credit card at the start of each new billing period until your membership is cancelled or terminated.

3.3 You can only purchase your membership via the Website. Our SSL security system ensures your credit card details are safe and secure.

3.4 Membership Fees are as published on the Membership Options page.

3.5 If your Membership Fees have been discounted or waived as part of a promotional offer or otherwise, you will automatically revert to published fees once the promotion period has ended.

3.6 All amounts listed on the Website are in Australian Dollars (AUD) and include GST.

3.7 You must keep your credit card details current. If your payment fails at any time and you do not provide an alternative credit card details when requested, you may no longer be able to access or use the Website, and you may have to pay the Administration Fee again to re-join the program.

 

4. Booking Credits

4.1 Booking credits are valid for one month from the date you joined lunchalot.com (no unused booking credits in a given month will roll over to the following month). You will not get a credit or refund for any unused or expired booking credits. Booking credits are non-transferable. 

4.2 By making a booking via lunchalot.com, you agree to have one booking credit debited from your account. When a successful booking has been made, a notification by SMS or email (depending on your selected preference) will be sent to you as confirmation of your booking. In the event you have not received your booking confirmation for any reason (including, without limitation, due to an email being blocked by a firewall or filter, or where you have registered an incorrect email address or mobile number), you will be able to access the details of your booking in your account section on the Website. It is your responsibility to ensure you have your booking confirmation with you in the event the Partner Restaurant requests to see it.

4.3 If your payment fails, booking credits will not be added to your account and an email will be sent asking you to re-supply your payment details.

4.4 If you have been debited a booking credit but were unable to use it because the relevant Partner Restaurant has gone out of business, has unreasonably refused to honour your booking or has failed to provide the goods or services as advertised on the Website, you must notify us by completing the form on the "Contact Us" page (choose the option "Billing"), and where appropriate we will restore your booking credit.

 

5. Cancellation of Membership and Refunds

5.1 As a consumer, nothing in the Terms and Conditions affects your non-excludable statutory rights. 

5.2 You may cancel your membership at any time using the "Cancel Membership" tab on your "Account Summary" page. If you cancel your membership on your "Account Summary" page, your credit card will no longer be debited and your membership will cease at the end of the month, quarter or year (whichever is relevant), and up until which time you may still use your remaining booking credits. You will not be refunded for any unused booking credits. At the end of the month, quarter or year (whichever is relevant) your account will be de-activated. If you decide to re-join the program in the future, you may have to pay the Administration Fee. No refund of your Administration or Membership fees is available, except as required by law.

5.3 Cancellation of a trial membership during the trial period: You may cancel your membership at any time using the "Cancel Membership" tab on your "Account Summary" page. If you cancel your membership on your "Account Summary" page, your membership will cease straight away. You will not be able to re-join on a free trial and you may have to pay the Administration Fee if you choose to join lunchalot.com in the future.

 

6. Upgrading Membership

6.1 If you choose to upgrade or downgrade your membership level, you may do so from your "Account Summary" page. If you upgrade your membership the change will become immediately effective once you accept your new membership details by clicking on the "Confirm" tab. A new billing cycle will start from the date of upgrade and your new Membership Fees will be charged to the credit card that you provided. 

6.2 If you run out of credits in any particular month, you will be entitled to purchase packs of booking credits. A charge will become immediately effective once you accept this offer by clicking on the “Purchase” tab. These booking credits must be used by your monthly renewal date. You will not get a credit or refund for any unused or expired booking credits. 

 

7. Fair Play

7.1 The lunchalot.com program has been designed to be transparent so that all parties can see what everyone takes away from the arrangement. It has been designed to offer real benefits to both Members and Partner Restaurants. In order for the program to efficiently operate for the benefit of all parties, there is an obligation on everyone to play fair.

7.2 The Partner Restaurants are expected to treat Members in exactly the same way as they would their regular guests who pay full price for their meals. The quantity and quality of food and service is expected to be exactly the same.

7.3 Likewise there is an obligation on the Members to treat Partner Restaurants and the program itself with courtesy and respect. Specifically, we encourage you to:

(a) notify the Partner Restaurant if you are not going to be able to honour your booking and give as much notice as possible if this is the case;

(b) reward good service by leaving a gratuity. While it is up to you how much you leave, we would encourage you to leave no less than 10% of what the bill would normally be without the lunchalot.com discount;

(c) have a good time and while appreciating the Main Offer, enjoy beverages with your meal as the Partner Restaurants will be relying on beverage revenue in order to make participation in the program worthwhile (and therefore continue to offer the exceptional deal to Members).

7.4 We reserve the right to restrict, suspend or terminate membership of any Member who shows lack of respect to Partner Restaurants or abuses the program. While we are reluctant to exercise this right, we will do so if required, in order to look after the interests of the other respectful Members and Partner Restaurants alike. 

 

8. Partner Restaurants

8.1 By registering or using an account you warrant that: (a) a business you are signing up or transacting for is a restaurant or café duly registered and trading in Australia; (b) you are properly authorised to act on behalf of this business in accepting the Terms & Conditions and/or using the lunchalot.com service.

8.2 You fully understand that when a Member books a table advertised by you, you create a legally binding contract with that Member. You are responsible for ensuring that you comply with your obligations to that Member. If you do not, you may be liable to him or her. You must ensure that you are aware of any laws relevant to you in any uses of lunchalot.com service or the Website. If a Member breaches any obligation to you, it is you, and not lunchalot.com, that are responsible for enforcing any rights that you may have.

8.3 By promoting your tables through lunchalot.com, you warrant that you fully understand the terms of the Main Offer and Peak-Time Offer and agree to fully abide by such terms in all your dealings with Members. You may not refuse to accept a booking made by any Member for any reason whatsoever, unless: (a) a Member is more than 10 minutes late; (b) a Member's booking is used by someone else; (c) a Member cannot verify his or her booking if requested by you; (d) the minimum or maximum number of guests requirement as advertised by you is not satisfied by a Member; (e) a Member or anyone else in his or her company acts in a manner offensive to your staff, customers or detrimental to the reputation of your establishment.

8.4 Once registered with lunchalot.com, it is your responsibility to administer your part of the program, including but not limited to setting up your table schedule, receiving and recording bookings made and notified to you by lunchalot.com, keeping your restaurant and business details up to date on the Website, instructing your stuff regarding your obligations with regard to Members. If your business has ceased trading, it is your responsibility to immediately remove all tables advertised from the Website and notify us via contact@lunchalot.com, so that we can de-activate your account.

8.5 By fully or partially registering your restaurant, or by authorising the lunchalot.com staff to register your restaurant, you grant to lunchalot.com a non-exclusive licence to use your photo images supplied by you or featured on your own website(s), as well as your business logo, for the purpose of promoting your restaurant by lunchalot.com. You must contact lunchalot.com if you do not wish us to use any of the above or would like us to substitute your existing artwork with any other artwork. 

 

9. Restriction, Suspension and Termination of Membership/Account

9.1 We reserve the right, in our sole discretion, at any time without any notice or liability to restrict, suspend or terminate your membership or account and/or use of the Website, and to block or prevent future access to the Website, if you commit any breach of the Terms & Conditions, or we suspect, on reasonable grounds, that you are in breach of the Terms & Conditions or your actions have caused and may cause damage to lunchalot.com, its Members or Partner Restaurants.

9.2 If we so terminate your membership or account, the value of any remaining booking credits for the month will be refunded to your nominated credit card or set-off against the loss caused to lunchalot.com by your breach, at our discretion. If we restrict or suspend your membership or account, we may refuse to restore your membership or account, or the use of the Website until we are satisfied that there will be no further breach of the provisions of the Terms & Conditions.

9.3 Our right to restrict, suspend or terminate your account shall not prejudice any other rights or remedies we may have in respect of any breach, or any rights, obligations or liabilities accrued prior to restriction, suspension or termination.

 

10. Equipment

To use the Website, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any costs associated with accessing or using the Website, including but not limited to telephone costs, mobile phone costs, telecommunications costs, email or Internet costs or other costs that you may incur, or any damages to your equipment resulting from the use of the Website. 

 

11. Fair & Responsible Use

11.1 To access or use the Website, you must be at least 18 years of age. By registering with lunchalot.com you warrant that you are eighteen (18) years of age or above. The Website is directed solely at those who access and use the Website from Australia. You may use the Website for lawful purposes only. It is solely your responsibility to ensure that content you provide, post or transmit through the Website does not violate or infringe in any way upon the rights of others.

11.2 The following uses of the Website are expressly prohibited:

(a)     resale, distribution or transfer of any booking credits or services provided by us, our suppliers, contractors or our licensees without our prior written consent;

(b)     entering into fraudulent interactions or transactions with us, Members or Partner Restaurants, or impersonating any person or entity or using a false name that you are not authorised to use or making fraudulent offers to sell or buy products, items or services;

(c)     furnishing false data including false names, addresses and contact details, fraudulent use of credit/debit card numbers;

(d)     using the Website for any improper, unlawful or immoral purpose, causing any nuisance by your use of the services or causing the operation of the services to be jeopardised or impaired;

(e)     using the Website to create, host or transmit any defamatory, offensive, invasive of privacy or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex;

(f)      using the Website to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;

(g)     using the Website to create, host or transmit material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party;

(h)     using the Website to create, host or transmit material which is inaccurate, misleading or deceptive;

(i)       using the Website to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party's security measures, computer software, hardware, electronic communication system, or telecommunications systems;

(j)       sending any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or data;

(k)     accessing the Website in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;

(l)       executing any form of network monitoring which will intercept data not intended for you;

(m)   using the services to create, host or transmit unsolicited advertising material to other users, sending unsolicited mail messages, "junk mail" or bulk mail messages, creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings, sending malicious email, including flooding a user or the Website with very large or numerous emails;

(n)     unauthorised use, or forging, of mail header information;

(o)     using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;

(p)     using the Website to advertise or perform any commercial, non-commercial, religious or political solicitation, including, but not limited to, the solicitation of users of the Website to become users of other online or offline services directly or indirectly competitive or potentially competitive with lunchalot.com;

(q)     using the Website for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally;

(r)      engaging in any unlawful activity in connection with the use of the Website, or in any conduct which restricts or inhibits any other user from properly accessing or using the Website.

11.3 The above list is not meant to be an exclusive list of misuses of the Website that may result in the restriction, suspension or termination of your access to or use of the Website. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of the Terms & Conditions.

 

12. Intellectual Property Rights

12.1 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").

12.2 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.

12.3 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.

12.4 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.

12.5 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.

 

13. Third Party Goods and Services

13.1 lunchalot.com is not involved in the actual transaction between Members and Partner Restaurants and has no control over the compliance by any Partner Restaurant with the terms of the Main or Peak-Time Offer, quality of service or food, the truth or accuracy of listings, the ability of Partner Restaurants to accept your booking or deliver the service as advertised. We cannot ensure and do not guarantee that a Partner Restaurant will act lawfully in using the Website. If a Partner Restaurant breaches any obligation to you, it is you and not lunchalot.com that are responsible for enforcing any rights that you may have.

13.2 lunchalot.com is a distributor of content supplied by Partner Restaurants and other third parties. Any opinions, advice, statements, offers, or other information or content expressed or made available by Partner Restaurants or other third parties are those of the respective author(s) and not of lunchalot.com. We cannot guarantee the accuracy, completeness, or usefulness of any such content, nor its merchantability or fitness for any particular purpose.

13.3 lunchalot.com may contain links to third party websites maintained by other content providers. These links are provided solely as a convenience to you. We don't have control over such websites and cannot censor or edit their content. Therefore, we cannot and do not assume responsibility for such content, privacy policies, or practices of such websites or the companies that own them. We hereby expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites.

 

14. No Warranties

14.1 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.

14.2 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.

14.3 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.

14.4 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.

 

15. Limitation of Liability

15.1 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.

15.2 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.

15.3 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.

15.4 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.

 

16. 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).

 

17. General

17.1 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.

17.2 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.

17.3 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.

17.4 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.

17.5 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.

17.6 Last update: The Terms & Conditions were last updated on 25 August 2014.