MenuHub Terms and Conditions

Terms Of Use

The purpose of this site is to provide a simple, convenient and cost-effective service to our customers by linking them to restaurants in their area that offer food delivery or collection. The website shows restaurant information such as trading times, reviews and menus. Your use and/or access to this website is subject to your agreement of the Terms of Use (outlined on this page).

This website (the "site") is owned and operated by MenuHub Pty Ltd. Your access to, use of, placing of an order, linking to the site, use of software or downloading software on the site (collectively, your "Access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the site ("Terms of Use"). If you do not agree with the Terms of Use, exit this site.

These Terms of Use apply to the use of this website ("site"), and by accessing this site and/or placing an order you agree to be bound by the terms and conditions set out below. The Terms of Use of this site do not affect your statutory rights as a consumer.

"You" and "Your" means the person using this site to order goods and services and subject to these Terms of Use. "MenuHub", "Menu Hub", "menuhub", "MenuHub Pty Ltd", "We", "Us", "menuhub.com.au" or "Our" means: MenuHub Pty Ltd Registered in Australia. ACN 160141168. ABN 87160141168.

Intellectual Property

We welcome you to access information on this site for your personal, non-commercial use. However you may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this site for anything other than personal, non-commercial use. This includes in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on menuhub.com.au is owned, controlled or licensed by or to menuhub.com.au, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Menuhub.com.au and the MenuHub logo are trade marks of MenuHub Pty Ltd.

Feedback and User Submissions

We do not solicit nor wish to receive any confidential or proprietary information from you. If you do send to us by email or otherwise, any communication or material, or if you submit ratings, suggestions, comments or questions or post any other information on this site, you grant MenuHub non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. MenuHub takes no responsibility and assumes no liability for any content posted or submitted by you. Limited Liability

We attempt to provide the most up to date information available with regard to restaurant lists and pricing however use of this site is at your own risk. The content is provided on an "as-is" and "as available" basis and is believed to be accurate, complete, current and reliable at the date the information was placed on the site and is periodically updated.

Neither MenuHub nor any of its respective directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, timeliness, or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including non-excusable statutory obligations, none of them will be liable or responsible in any way for errors in, or omissions from, the information contained on this site, or that the Site or server that makes it available are free of viruses or other harmful components.

Under no circumstances shall MenuHub or its directors, officers, agents, employees or contractors have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Site.

Indemnity

You agree to indemnify and hold MenuHub and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

Placing Orders

menuhub.com.au endeavors to deal with reputable third parties who provide quality products and services, however we accept no responsibility or liability for the quality or quantity of any goods delivered by or collected from said third parties. It is the responsibility of the customer to thoroughly check the supplied goods before agreeing to receive an order.

All questions regarding goods shown on this site should be directed to the partner restaurant. Any disputes between the restaurant and yourself shall be resolved between you and the restaurant.

After your order is submitted and confirmed, an order number will be displayed on the confirmation screen and we will send the details of this order in an email. If the restaurant is unable to fulfil your order you will receive an email stating that your order has been declined.

Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.

All food preparation and deliveries are the sole responsibility of the restaurant accepting the order. Please be aware that the restaurant will do everything they can to meet the delivery time you specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.

Membership

By joining, members can view their previously used restaurants, rate past orders and may be eligible for discounts. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.

Restaurant Ratings

The ratings contained on this Site are for informational purposes only and do not constitute advice. Nor should you rely on ratings to make (or refrain from making) or take (or refrain from taking) any action. Ratings are the opinions of registered members and any statements, advice or opinions made by such members are those of such members only.

We reserve the right to include or exclude any rating received through this site, and take necessary steps to protect our partner restaurants and customers from any offensive or malicious content including termination of user accounts. Refer to Unauthorised Use section for more details.

Limitations of Use

This site is intended for use by persons located in Australia and we make no representation that any information, materials or functions included in this site are appropriate for use in any other jurisdiction.

By using this Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the site or contacting us.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Third Party Sites

This site may contain links to other websites. Those websites are not under the control of MenuHub nor are we responsible for the practices, content or availability of such websites. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. We provide the links as a convenience only. If you decide to access linked third party websites, you do so at your own risk, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.

You may provide a non-framed link to this Site from any other business or service website but not in any way which gives the impression that we are associated with or have approved such other site, unless expressly agreed to by ourselves in writing.

Unauthorised Use

To use our service you must be over 18 years of age. You may not use the Site for any unlawful or unauthorised purpose, including without limitation: distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.

Interfering with any other persons use or enjoyment of the Site. Damaging, disabling or impairing the operation of this Site or attempting to gain unauthorised access to this Site or to networks connected to it, through hacking, spoofing or other such similar means.

Payment

Once your order has been accepted, this represents an agreement between you (the customer) and the restaurant. The restaurant has sole responsibility for this order. All prices are inclusive of GST and quoted in Australian (AUD) Dollars.

Prices are subject to change without notice and all goods are subject to availability.

Cancellation

You have the right to cancel an order up to the point the order is sent to the restaurant. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

A restaurant may subsequently cancel an order after you have received confirmation. MenuHub and our partner restaurants reserves the right to cancel any order, before or after acceptance, and we will endeavour to notify you immediately of any such cancellation.

Termination

We reserve the right to decline a new registration, terminate your right to link to the site, remove you as a user of this site, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to our partner resttaurants or us we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the site you must cease linking to the site immediately. Any person who holds a suspended or terminated membership must not order from or re-join this site without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Please note that we reserve the right and the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms of Use.

Content Changes

We reserve the right to change these terms and conditions at any time without notice and you agree to be bound by such changes. Those changes shall be posted on the website.

Availability

This site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Restaurant Owners

MenuHub provides an interactive online version of your menu and an order process that will allow you to sell your food and drinks online. The MenuHub Order Process is defined by customers using the online version of your menu hosted on the MenuHub website to generate orders using the MenuHub shopping cart and delivery of the orders to your restaurant via order terminal, phone, email, fax or SMS.

By listing your menu on the MenuHub website you agree; 1) make your best endeavours to accept and fulfill the orders sent to you by MenuHub; 2) pay the commission (as set by MenuHub) per order generated via the MenuHub order process.

Best Price Guaranteed

MenuHub does not markup menus or charge customers any service fees. If you order from us and subsequently find the same item advertised by the restaurant within 24 hours for less, we will credit you the difference plus $5 for that order.

Refund Policy

MenuHub takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Restaurant directly, but, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact MenuHub (1800 018 992) and we will try to assist you. In appropriate cases, if you have already been billed by MenuHub, MenuHub may issue full or partial refunds. Refunds will be processed within 7 days.