Welcome to the Dining Tas website located at diningtas.com.au and related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, the Dining Tas website and mobile properties shall hereinafter be referred to herein as “website”). The Services are offered to you conditioned upon your acceptance of the terms, conditions and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorised to use the Services. If you have a Dining Tas account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services.

Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “Dining Tas” refer to Dining Tas, located in Tasmania. (“Dining Tas”). “Services” as defined above refers to those provided by Dining Tas. 

The term “you” refers to the individual, company, business organisation or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit.”

The Services are provided solely to:

1. Assist customers in gathering hospitality & tourism information, posting Content and searching for reservations; and
2. Assist tourism and hospitality businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through Dining Tas.

We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our website. Be sure to return to this page periodically to review the most current version of this Agreement.

USE OF THE SERVICES

As a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to Dining Tas is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 15 years of age or older in order to register for an account, use the Services and contribute to our website, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our website in accordance with all terms and conditions herein. Dining Tas do not knowingly collect the information of anyone under the age of 15. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with Dining Tas. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of the Dining Tas. To request permission, please direct your request to:

diningtas@gmail.com

In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.  

If you are creating a Dining Tas account for commercial purposes and are accepting this Agreement on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative”.

Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Dining Tas provide details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the Dining Tas are in no way responsible or liable for any such third party sites or apps.

Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that Dining Tas may place advertising and promotions on the Services alongside, near, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.

ADDITIONAL PRODUCTS

Dining Tas may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the Dining Tas have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.

PROHIBITED ACTIVITIES

The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Dining Tas. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:

• (i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by Dining Tas;
• (ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
• (iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
• (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• (v) deep-link to any portion of the Services for any purpose without our express written permission;
• (vi) “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation;
• (vii) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by Dining Tas in connection with the Services;
• (viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
• (ix) download any Content unless it’s expressly made available for download by Dining Tas.

• PRIVACY POLICY AND DISCLOSURES

  Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

• REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT

  We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, posting via Dining Tas, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your Dining Tas account by virtue of any Dining Tas product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant Dining Tas a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised; (b) make your Content available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that Dining Tas may choose to provide attribution of your Content at our discretion. You further grant the Dining Tas the right to pursue at law any person or entity that violates your or Dining Tas’ rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licences, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Dining Tas to publish and otherwise use) your Content as authorised under this Agreement.

  If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by Dining Tas or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release Dining Tas and their licensees, successors and assigns, from any claims that you could otherwise assert against Dining Tas by virtue of any such moral rights.

  Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.

  The Services may contain discussion forums, bulletin boards, review services, tourism feeds or other forums in which you may post your Content, such as reviews of hospitality experiences, messages, materials or other items (“Interactive Areas”). If Dining Tas provides such Interactive Areas on the website, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Dining Tas does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area.  To the extent that any entity that is one of Dining Tas provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that Dining Tas do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging.  In particular, Dining Tas does not edit or control users’ Content that appears on the website.  Dining Tas nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of Dining Tas and/or other users of the Services. Should you disagree with the removal of your Content from the website, you may contact Dining Tas using the Help Center to make your objections.  By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Dining Tas’s published guidelines, as are in force at the time of submission and made available to you by Dining Tas.  You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:

  1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the Australian Securities Commission. 
  4. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
  5. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  6. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
  7. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Dining Tas;
  8. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers.  Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
  9. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  10. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
  11. Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  12. In the sole judgment of Dining Tas, (a) violates the previous subsections herein, (b) violates Dining Tas’ related guidelines as made available to you by Dining Tas, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose any of Dining Tas or their users to any harm or liability of any type.

   

• Dining Tas take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are Dining Tas liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Dining Tas is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the website or any other forum. Although Dining Tas has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Dining Tas reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.

  Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.

• INDEMNIFICATION

  You agree to defend and indemnify Dining Tas and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • (i) your breach of this Agreement or the documents referenced herein;
  • (ii) your violation of any law or the rights of a third party; or
  • (iii) your use of the Services, including Dining Tas’ website.

  • SERVICE HELP

    For answers to your questions or ways to contact us, visit our Help Centre. Or, you can write to us at:

    Dining Tas                   365 Park Street,    New Town,  Tasmania,  7008

    Please note that Dining Tas does not accept legal notices or service of legal process by any means other than hard copy post delivered to the address immediately above.  

    ©2023 Dining Tas. All rights reserved.                                

    Last updated                 25 March, 2023.