This document provides the terms under which you use the YumTable service (the Service) and any text, graphics, links or other material entered, uploaded or downloaded or appearing on the Service (the Content). The Service is provided by Madewell Enterprises Pty Ltd ACN 138 512 599 (Madewell). Your access and use of the Service constitutes your agreement to be bound by these Terms of Service.
The Service is designed to be flexible within its designed parameters. The Fair Use Policy forms a part of these Terms of Service.
Your use of the Service is entirely your responsibility. You are solely responsible for any Content you submit, post or allow to be displayed, and for any consequences thereof. Any Content provided by you will be visible to anyone using the Service anywhere in the world. This Content may also be visible through search engines and other sites. We may not monitor or control Content on the Service and we cannot take any responsibility for the Content. Your use of the service is at your own risk.
It is solely your responsibility to ensure that Content you provide does not breach copyright or trademark rights or any applicable law, that it cannot be considered offensive, harmful, inaccurate, deceptive or pornographic, that it does not breach privacy, does not threaten violence, does not impersonate another person or corporate entity or is not unlawful or inappropriate in any other way.
We reserve the right (but do not have an obligation) to refuse or remove Content from the Service, or to cancel your account.
Content that you create remains your property. By posting, displaying, uploading or submitting Content you agree to grant Madewell a worldwide, royalty-free, non-exclusive licence, including but not limited to the right to sub-licence, to display, copy, use, modify, adapt, translate, transmit or distribute such Content as Madewell sees fit.
Use of the Service could be disrupted if a business partner or third party supplier or Madewell system fails. This could result in risks to you, for example an inability to display articles.
Use of the Service is free of charge for patrons wishing to book a restaurant. The Service is provided for a fee to restaurants and similar establishments who are seeking bookings. In this case we charge the listed fee from your points account for relevant actions, for example for providing a booking or hosting a public web page for your business. Where fees are charged, we make available to you a listing of those fees and the reason they were charged. Points accounts must always be maintained with a positive points balance. We will automatically bill you the agreed top-up amount when your points balance falls below the agreed minimum. We reserve the right to claim reimbursement of any costs incurred as a result of actions outside these Terms of Service, for example any fees applicable as a result of excessive or unreasonable use (see the Fair Use Policy), or costs we incur if an attempt to top up your account fails. You are responsible for all taxes applicable to the fees in any applicable jurisdiction. You are also responsible for any costs incurred or associated with connecting to the Service, for example internet service provider costs and telephone call costs.
The following is subject to any non-excludeable statutory rights you may have. The Service is provided to you on an “as is” basis without warranties from Madewell of any kind, either express or implied. Any information provided on a Madewell website, via the Service or by a Madewell employee is provided in good faith, and Madewell accepts no responsibility for the accuracy, completeness or timeliness of the information. Madewell expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Madewell does not represent or warrant that information available through the Service is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Service or any portion thereof. While Madewell attempts to make your access to and use of the Service safe, Madewell does not represent or warrant that any element of the Service is free of viruses or other harmful components.
Madewell reserves the right, without notice and in its sole discretion, without any notice or liability to you, to terminate your use of the Service, or any portion thereof; block or prevent your future access to and use of all or any portion of the Service; change, suspend or discontinue any aspect of the Service; and impose limits on the Service. Any credit balance may be refunded at Madewell’s discretion. Any balance owing becomes payable on termination.
If your account is inactive for at least three months, we may deactivate your account. For restaurants, we will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at the support email address provided. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
You may terminate your use of the Service at any time.
When your use of the Service is terminated, any data we store about you or on your behalf may be deleted. We may also retain an archival copy of some or all of your data after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival information for our internal business purposes.
Your use of the Service constitutes your agreement that you waive and will not assert any claims or allegations of any nature whatsoever against Madewell, or any business partners and all of their directors, agents or staff in any way relating to your use of the Service. This also means that you will not claim or allege an infringement of proprietary rights, any inaccuracy of the Service, or allegations that any person or entity has or should protect you from any claim or allegation arising from your use or other exploitation of the Service. You use the Service at your own risk. Without limitation of the foregoing, Madewell will not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of opportunity, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Service, including without limitation any damages caused by or resulting from your reliance on the Service or information accessible via the Service, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to the Service and all warranties, guarantees, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law. In no event shall the aggregate liability of Madewell, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Service exceed the cumulative sum paid by you for access to or use of the Service during the three months prior to the date of any claim. You shall defend, indemnify and hold harmless Madewell and the other persons referred to before from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Service, including any claims made by any person that any information you have provided to Madewell damages their reputation or defames them or infringes the rights, including the intellectual property rights, of any third party.
The Service is operated by Madewell from its site in Melbourne, Australia. You and Madewell both benefit from establishing a predictable legal environment in regard to the Service. Therefore, you and Madewell explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Service will be governed by the laws of Victoria and the national laws of Australia applicable therein. You consent to the jurisdiction of these laws and to the courts of Victoria.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, this will not affect the validity and enforceability of any remaining provisions. Madewell may assign any or all of its rights under these Terms to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms without the prior written consent of Madewell, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Madewell regarding your use of the Service, and supersede all other Terms or purported agreements. These terms were last updated on 1 September 2010.