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menufeast.com
( the "Website” ) is an online directory for Australian Restaurants
provided by Menufeast Pty Limited (A.B.N. 64 120 005 996) ( the
"Company” ). By using this website, you are agreeing to comply with and
be bound by the terms, conditions and notices relating to its use.
Use of the Website
1.
As a condition of your use of this Website, you represent and warrant
to the Company that you will not use this Website for any purpose that
is unlawful or prohibited by these terms, conditions, and notices.
2.
This Website contains one or more of the following services: bulletin
boards, chat areas, news groups, forums, communities and/or other
message or communication facilities. You agree to use such services only
to send and receive messages and material that are proper and related
to the particular service, area, group, forum, community or other
message or communication facility. In addition to any other terms or
conditions of use of any bulletin board services, chat areas, news
groups, forums, communities and/or other message or communication
facilities, you agree that when using one, you will not:
a)
Publish, post, upload, distribute or disseminate any inappropriate,
profane, derogatory, defamatory, infringing, improper, obscene, indecent
or unlawful topic, name, material or information.
b) Upload
files that contain software or other material protected by intellectual
property laws or by rights of privacy of publicity unless you own or
control such rights or have received all necessary consents.
c)
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer.
d) Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
e) Falsify or delete any author attributions, legal or
other proper notices, proprietary designations, labels of the origin,
source of software or other material contained in a file that is
uploaded.
f) Restrict or inhibit any other user from using and
enjoying any of the bulletin board services, chat areas, news groups,
forums, communities and/or other message or communication facilities.
3.
The Company has no obligation to monitor the bulletin board services,
chat areas, news groups, forums, communities and/or other message or
communication facilities. However, the Company reserves the right at all
times to disclose any information deemed by the Company necessary to
satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part.
4. You acknowledge that
communications to or with bulletin board services, chat areas, news
groups, forums, communities and/or other message or communication
facilities are not private communications, therefore others may read
your communications without your knowledge. You should always use
caution when providing any personal information about yourself. The
Company does not control or endorse the content, messages or information
found in any bulletin board services, chat areas, news groups, forums,
communities and/or other message or communication facilities and,
specifically disclaims any liability with regard to same and any actions
resulting from your participation. To the extent that there are
moderators, forum managers or hosts, none are authorized Company
spokespersons, and their views do not necessarily reflect those of the
Company.
5. You are responsible for the rating, review, comment,
or information that you submit to the Website. You accept that we may at
our discretion remove, withhold, edit, rephrase, and monitor your
reviews, comments and materials before posting them on the Website. Once
you have submitted or posted your content, you grant the Company and
its affiliates a royalty-free, perpetual, irrevocable and full right to
use, reproduce, modify, adapt, publish, translate and create derivatives
works from, distribute and display such content worldwide by whatsoever
means.
Content on the Website
6.
Whilst all care has been taken, the information, products, and services
included on this Website may include inaccuracies or typographical
errors. Changes are periodically added to the information herein. The
Company may make improvements and/or changes in this Website at any
time. Advice received via the Website should not be relied upon for
personal, legal or financial decisions and you should consult an
appropriate professional for specific advice tailored to your situation.
7.
The Company makes no representations about the suitability,
reliability, timeliness, and accuracy of the information, products, and
services contained on this Website for any purpose. All such
information, products, and services are provided "as is" without
warranty of any kind.
8. The Company hereby disclaims all
warranties and conditions with regard to the information, products, and
services contained on this Website, including all implied warranties and
conditions of merchantability, fitness for a particular purpose, title
and non-infringement.
9. In no event shall The Company be liable
for any direct, indirect, punitive, incidental, special, consequential
damages or any damages whatsoever including, without limitation, damages
for loss of use, data or profits, arising out of or in any way
connected with the use or performance of this Website, with the delay or
inability to use this Website, with the provision of or failure to
provide services, or for any information, software, products, services
and related graphics obtained through the Website, or otherwise arising
out of the use of this Website, whether based on contract, tort, strict
liability or otherwise, even if the Company has been advised of the
possibility of damages.
10. Due to the fact that certain
jurisdictions do not permit or recognize an exclusion or limitation of
liability for consequential or incidental damages, the above limitation
may not apply to you. If you are dissatisfied with any portion of this
Website, or with any of these terms of use, your sole and exclusive
remedy is to discontinue using this Website.
Access to the Website
11.
The Company reserves the right in its sole discretion to deny any user
access to this Website, any interactive service herein, or any portion
of this Website without notice, and the right to change the terms,
conditions, and notices under which this Website is offered.
Limited Liability
12.
This agreement is governed by the laws of the State of New South Wales,
Australia. You hereby consent to the exclusive jurisdiction and venue
of courts in New South Wales, Australia in all disputes arising out of
or relating to the use of this Website. Use of this Website is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and the Company as
a result of this agreement or use of this Website. The performance of
this agreement by the Company is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of its
right to comply with governmental, court and law enforcement requests
or requirements relating to your use of this Website or information
provided to or gathered with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect.
13. This agreement constitutes the entire agreement
between the user and the Company with respect to this Website and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written with respect to this Website. A
printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. Fictitious names of companies,
products, people, characters and/or data mentioned herein are not
intended to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved.
14. Menufeast Pty Limited is located at Crows Nest, NSW, Australia.
15.
The content of the Website is protected by international copyright
laws. If you wish to copy, redistribute or enquire about any of the
information provided within this site please contact the Company.
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