End User License Agreement (EULA)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM
1. Parties
This end-user licence agreement (the "Agreement") is a legal agreement between you ("You" or "Your") and REVA Hospitality Holdings Pty Ltd ACN 636 737 874, a company incorporated in Queensland, Australia or one of its subsidiaries (referred to in this Agreement as "Us", "We" or "Our").
2. Definitions
In this Agreement the following definitions apply:
Account: means the personal user account registered to You on the Platform.
ACL: means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Booking: means a reservation or an order or payment for goods or services submitted through the Platform in respect of an Outlet.
Booking Fees: means the fees and charges payable by You to Us in respect of Bookings made under Your Account.
Device: means the device that You use to access the Platform, including but not limited to any tablet, notebook, netbook, laptop, mobile phone, smartphone, or any other device that is capable of accessing the Platform whether or not You actually own the device.
Excluded Loss: means (a) any special, indirect or consequential loss or damage and (b) direct or indirect: loss arising out of a Force Majeure Event, loss of profits or anticipated savings, loss of revenue or income, or loss of or damage to reputation, loss of use or production, loss of business, contracts or opportunities and loss or corruption of any data, database or software.
Force Majeure Event: means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, failure of the Payment Gateway, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars but, for the avoidance of doubt, does not include inability to pay).
Intellectual Property Rights: means all intellectual property rights wherever in the world, whether registrable or un-registrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights, rights in designs and circuit layout rights).
Order Fees: means the fees and charges payable for goods and services provided by an Outlet that are incurred by You in connection with Bookings made under Your Account.
Outlet: means an outlet specified in the Platform as the provider of particular goods or services.
Payment Gateway: means the payment processing platform used by Us from time to time to process payments for Bookings, which is currently Stripe.
Platform: means the platform managed by Us and used by Us to provide the Services, including the application and database software for the Services, the system and server software for the Services, the computer hardware on which that application, database, system and server software is installed and the Payment Gateway (as the context requires).
Services: means such modules as are made available by Us from time to time as a service to enable You to make Bookings via the internet.
Update: means a hotfix, patch or minor version update to any Platform software.
Upgrade: means a major version upgrade of any Platform software.
3. Acceptance of Terms
This Agreement sets out the terms and conditions on which We provide You with use of the Platform.
You accept responsibility in accordance with the terms of this Agreement for use of the Platform whether or not You own the Device You are using to access the Platform.
We reserve the right to vary this Agreement from time to time. We will notify You if We vary any part of this Agreement. Any variations of this Agreement will be posted on this page. Changes to the Agreement will also be notified to You when You next access the Platform. Your continued access to or use of the Platform after such notification confirms Your consent to be bound by this Agreement, as varied. You may be required to agree to the revised terms of this Agreement by clicking on another “Accept” button to continue to use the Platform.
We may apply Updates and Upgrades to the Platform from time to time and without notice. You may (at Our discretion) be required to agree to the terms of this Agreement (as varied from time to time) before You can use any updated version of the Platform.
By making a Booking (whether now or in the future), You agree to be bound by this Agreement including any changes to it in effect at the time of Your Booking.
The terms of Our privacy policy ("Privacy Policy") are accessible at www.revahospitality.com/privacy
By accessing or using the Platform, You consent to Us collecting and using technical information about Your Device and related software.
If You use the Platform, You consent to Us and Our affiliates' and licensees' transmission, collection, maintenance, processing and use of Your location data.
You acknowledge and agree that You must obtain and maintain reliable access to the internet through a device capable of accessing web-based content in order to access or use the Platform.
The Platform may contain links to other websites operated by third parties ("Third Party Sites"). We are not responsible for and do not control, endorse, or approve of the operators of Third Party Sites, or the information, graphics, materials, goods or services offered on those Third Party Sites. Links to Third Party Sites are provided for convenience only. If You access or use the goods or services available at Third Party Sites, You do so solely at Your own risk.
By using the Platform You consent to Us and Our affiliates' and licensees' sending You messages to any email address, phone number or other contact details made available to Us by You through the Platform, including but not limited to messages of a commercial, advertising, marketing or promotional nature. If You no longer want to receive messages from Us, please click the “Unsubscribe” button in the message for email messages and reply “Stop” to the message for text messages via phone. You acknowledge that opting out of Our messages may impact Your use of the Platform.
You must comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform.
The Platform is made available only for Your personal, non-commercial use.
4. Grant and scope of licence
Subject to payment of all Booking Fees due to Us and Your compliance with the terms of this Agreement, We grant You a revocable non-exclusive, non-assignable, non-sublicensable licence to use the Platform for the sole purpose of considering and making Bookings. We reserve all other rights.
5. Platform Access
We do not give any guarantee or representation that the Platform will be available at any time or wholly free from errors, bugs and interruptions.
We may suspend, withdraw or restrict the availability of all or any part of the Platform to You or any other person at any time and without notice.
You are responsible for all activity that occurs under Your Account including by other persons who access the Platform through Your Account and You must ensure that such persons are aware of this Agreement and comply with its terms.
6. Intellectual Property
You acknowledge and agree that the Intellectual Property Rights arising under or in connection with the Platform and relating to the material displayed or referred to on the Platform are owned by Us (or in some cases third parties). Your rights to use the Platform are limited to those expressly granted by this Agreement. No other rights with respect to the Platform or any related Intellectual Property Rights are granted or implied by this Agreement.
Nothing in this Agreement shall operate to assign or transfer any of Our Intellectual Property Rights in the Platform from Us to You.
7. Restrictions
Except as expressly set out in this Agreement or as permitted by any local law, You agree not to:
transfer, rent, lease, sub-license, loan, encumber or assign Your rights under this licence to any other person or entity except with Our prior written consent;
merge, adapt, vary, alter or modify the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;
access or use the Platform for any commercial, business or resale purposes;
access or use the Platform in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, or in any manner inconsistent with this Agreement including by hacking into the Platform or applying malicious code or any viruses, worms, spyware, adware or other harmful data to the Platform;
transmit any material that is untrue, materially inaccurate, misleading, defamatory, offensive, maliciously false, obscene, indecent or otherwise objectionable in connection with Your use of the Platform;
access or use the Platform or the Payment Gateway in a way that could damage, disable, overburden, impair or compromise the Platform, the Payment Gateway or related systems, networks or security or interfere with the access or use of other users or any other person;
collect or harvest any information or data from the Platform or attempt to decipher any transmissions to or from any of the servers running the Platform;
copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Platform or the Payment Gateway except as expressly permitted by applicable laws;
work around any of the technical limitations of the Platform or the Payment Gateway or enable functionality that is disabled or prohibited; or
disassemble, decompile, reverse-engineer, decrypt, attempt to derive object and source code or create derivative works based on the whole or any part of the Platform or the Payment Gateway or attempt to do any such thing except as may be permitted by applicable law.
8. Your Account
You acknowledge and agree that in order to use most aspects of the Platform, You must register and maintain an Account.
You must provide personal information such as Your name, address, mobile phone number, age, email address and valid payment details to register an Account.
You agree to provide accurate, complete and up-to-date Account information and warrant that all information given to Us is true and correct.
Your Account details (including your payment details) will be stored on the Platform and with our secure third-party Payment Gateway.
Without prejudice to any other remedies that may be available to Us at law or in equity, if You fail to provide accurate, complete and up-to-date Account information (including by providing invalid or expired payment information), We may restrict Your use of the Platform and We may terminate this Agreement with You.
You are only permitted to possess one Account.
By making a Booking through the Platform, You warrant that:
You are legally capable of entering into binding contracts;
You have the means to pay for Your Booking; and
You are at least 18 years old (or at least the age of legal majority in your jurisdiction if it is different to 18).
You agree that You are prohibited from making a Booking relating to intoxicating liquor or tobacco unless this is permissible in accordance with the applicable laws of the jurisdiction in which the Outlet is located (“Outlet Jurisdiction”) that relate to the supply of intoxicating liquor or tobacco and You meet the legal age requirements for the purchase of intoxicating liquor or tobacco in the Outlet Jurisdiction.
9. Bookings
To make a Booking through the Platform You will be required to (as applicable):
identify the Outlet at which You would like to place a reservation or an order for goods or services or process a payment for goods or services already ordered;
select the goods or services that You want to order from or pay for at the Outlet;
in respect of an order for goods or services, nominate a preferred time for delivery (being either as soon as possible or an estimated time in the future);
input or update Your preferred payment method from the options available on the Platform via the Payment Gateway;
provide any other details requested and indicated as mandatory;
review the order details and correct any errors; and
submit the order or process the payment by clicking or selecting the button enabling You to submit the Booking.
In respect of an order for goods or services from an Outlet, if You request delivery as soon as possible, the Platform will indicate an estimate of the time the order can be delivered by the Outlet.
Once You have submitted a Booking You will not be entitled to change or cancel it.
We reserve the right to refuse any Booking for any reason.
If Your proposed payment method is determined to be expired, invalid or otherwise not able to be charged, Your Booking will not be processed or communicated to the relevant Outlet.
If Your payment for a Booking is processed successfully, We will send Your Booking to the relevant Outlet and will notify You that Your Booking has been received and is being processed. This does not necessarily mean that the Outlet has accepted Your Booking.
An Outlet may accept or reject any Booking in its absolute discretion without giving reasons.
We will notify You (through messages in the Platform or by email) as soon as reasonably practicable if an Outlet rejects Your Booking.
If an Outlet rejects Your Booking neither the Outlet or Us are required to inform You of the reason and We will request a refund of funds paid in respect of the Booking (excluding Booking Fees) to be processed through the Payment Gateway.
10. No relationship with Outlets
You acknowledge that We do not function as an Outlet or provide the goods and services that may be accessed by making Bookings on the Platform and all such goods and services are provided by independent third party providers who are not employed by Us or any of Our affiliates.
Your legal contract for the supply and purchase of goods or services from an Outlet is between You and the relevant Outlet.
It is the responsibility of an Outlet to provide allergy, dietary and other information relating to their goods or services. If You require any further information You should contact the Outlet directly before making a Booking.
We have no control over the actions or omissions of any Outlet.
We provide the Platform and the Services independently of any agreement You may have with an Outlet.
We expressly disclaim to the maximum extent permitted by law, all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms (express or implied) in relation to the merchantability, fitness for a particular purpose, suitability, availability, quality, timeliness, design, condition, capacity, performance, title, safety and non-infringement of goods or services ordered from any Outlet.
We are in no way liable for any loss or damage (including without limitation in respect of Excluded Loss) arising out of or in any way connected with any aspect of Your interaction with an Outlet including, but not limited to the description, performance or delivery of goods or services of an Outlet that may be offered via the Platform.
We have no responsibility and make no warranty, representation, undertaking or guarantee (express or implied) as to the truth or accuracy of any aspect of any information provided via the Platform by an Outlet to You (including, but not limited to, the ability of an Outlet to supply or provide any goods or services) or provided by You to an Outlet.
You agree that to the maximum extent permitted by law, If You obtain or request goods or services from an Outlet, You do so solely at Your own risk.
11. Price and Payment
You will be charged Order Fees and Booking Fees when you submit a Booking.
The amount of any Order Fees and Booking Fees for a Booking will be included in the total amount payable displayed to You on the Platform, prior to You submitting the Booking.
Upon creation of a Booking, any Order Fees and Booking Fees become immediately due and payable by You to Us.
Any amount payable in respect of Bookings must be paid by You to Us via the Payment Gateway.
You consent to submitting Your payments for all Order Fees and Booking Fees through the Payment Gateway.
Order Fees will be as quoted on the Platform to include any applicable taxes and, unless stated otherwise, to exclude Booking Fees or any gratuities that You may add at Your discretion.
Information on the Platform is believed to be accurate at the time it is provided but may change at any time without notice. On occasion, it is possible that the Platform may display incorrect Order Fees or Booking Fees. If a price is incorrectly stated on the Platform, We will make reasonable efforts to contact You as soon as reasonably possible to resolve the error. Neither We nor the relevant Outlet is under any obligation to ensure that any Booking is provided to You at an incorrect price or to compensate You in respect of an incorrect pricing.
The payment methods available to You for any Booking will be subject to the alternative payment methods offered by the Payment Gateway from time to time.
If You pay by credit or debit card, You may be required to present the card to an authorised representative of the Outlet on request.
You should contact the Outlet directly in relation to any requests for refunds or disputes.
By using the Payment Gateway on the Platform, You agree to comply with the terms and conditions set out by the Payment Gateway.
You must not submit a Booking or use the Payment Gateway in a way that compromises Our ability to fulfil Our obligations in respect of the Payment Gateway.
12. Limitation of liability
Notwithstanding anything else in this Agreement, to the maximum extent permitted by law, We disclaim all liability to You for Excluded Loss in connection with Your access to and use of the Platform.
You agree to fully reimburse Us for all fees, fines, losses, claims, and any other costs we may incur that arise from any material that You publish on the Platform.
To the maximum extent permitted by law, We make no warranty, representation, undertaking or guarantee as to the truth or accuracy of any aspect of any information included on the Platform or provided by an Outlet in connection with a Booking.
To the maximum extent permitted by law, We exclude all liability for any inaccuracies in, or incompleteness of, the information included on the Platform or provided by an Outlet in connection with a Booking or for any loss or damage (including Excluded Loss) to any person which arises under or in connection with any inability to access or use the Platform or any use of or reliance on the information contained on the Platform or provided by an Outlet.
You are solely responsible for losses due to lost or stolen credentials or accounts, compromise of Your username or password, changes to Your Account details, and any other unauthorised use or modification of Your Account.
We are not liable or responsible to You and You waive any right to bring a claim against Us for any loss or damage resulting from credit, fraud, or other legal risks associated with the use of the Platform by You, unless such losses result from Our wilful or intentional actions. You will fully reimburse Us for any loss or damage We incur resulting from credit, fraud, or other legal risks associated with the use of the Platform by You.
You acknowledge and agree that software is never wholly free from defects, errors, bugs and interruptions and We give no warranty or representation that the Platform will be wholly free from defects, errors, bugs and interruptions.
Notwithstanding anything else in this Agreement, Our maximum aggregate liability under or in connection with this Agreement shall not exceed the Booking Fees actually paid by You to Us under this Agreement on the occasion You suffered a loss.
All of the warranties and representations of You and Us in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.
To the maximum extent permitted by law and subject to the other provisions in this Agreement, We exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services or the Platform that are not expressly set out in this Agreement.
Nothing in this Agreement is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of Us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services, if such provisions are applicable.
Nothing in this Agreement will:
limit or exclude Our liability for death or personal injury resulting from negligence;
limit or exclude Our liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law.
13. Indemnity
You shall indemnify and shall keep indemnified Us against any and all claims, liabilities, damages, losses, costs and expenses including legal expenses and amounts suffered or incurred by Us and arising directly or indirectly as a result of or in connection with:
any breach by You (or any other user of Your Account) of the terms of this Agreement;
any act or omission of You in connection with the Platform and/or a Booking;
the goods or services made available to You in connection with the Platform and/or a Booking (including without limitation any death, injury, sickness, loss or damage sustained by You in connection with such goods or services); or
any act or omission of You, which is fraudulent or likely to be considered fraudulent by a reasonable person.
14. Termination
We may terminate this Agreement immediately, or generally cease offering or deny access to the Platform at any time for any reason.
You may terminate this Agreement immediately at any time by closing Your Account in Your Account settings on the Platform and by ceasing to access and use the Platform.
On termination for any reason:
all rights granted to You under this Agreement shall cease;
You must immediately cease all activities authorised by this Agreement, including Your use of the Platform;
we reserve the right (but have no obligation) to delete all of your information and Account data stored on Our servers;
We may cease providing You with access to the Platform;
You are still liable to Us for any Booking Fees or Order Fees incurred by You or through Your use of the Platform prior to termination; and
all other accrued rights survive such termination.
15. Communication
You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You agree that We can provide notices relating to this Agreement through the Platform or by sending notices to the email address connected with Your Account. You also agree that electronic delivery of a written notice has the same legal effect as if We provided you with a physical copy.
If You wish to contact Us in writing, or if any term in this Agreement requires You to give Us written notice, You can send an e-mail to info@revahospitality.com
16. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by any Force Majeure Event.
If a Force Majeure Event takes place that affects the performance of Our obligations under this Agreement:
Our obligations under this Agreement will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; and
We will use reasonable endeavours to find a solution by which Our obligations under this Agreement may be performed despite the Force Majeure Event.
17. Assignment
We may assign, transfer or otherwise deal with Our rights and obligations under this Agreement to any person without Your consent.
You must not assign, transfer or otherwise deal with Your rights or obligations under this Agreement without Our written consent.
18. No waiver
If We fail to insist that You perform any of Your obligations under this Agreement, or if We do not enforce Our rights against You, or if We delay in doing so, this will not be construed as a waiver of Our rights under this Agreement.
If We do waive a breach of any of provision of this Agreement by You, We will only do so in writing, and that waiver shall not be construed as a further or continuing waiver of any later breach of that provision or any breach of any other provision of this Agreement by You.
19. Severability
If a provision of this Agreement is determined by any court or other competent authority to be invalid, unlawful or unenforceable for any reason, the remaining provisions will continue in full force and effect.
If any invalid, unlawful or unenforceable provision of this Agreement would be valid, lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Entire agreement
This Agreement and the documents and policies referred to in it constitute the entire agreement and understanding between You and Us in relation to the subject matter of this Agreement and supersede and replace any previous arrangement, understanding or agreement between You and Us in respect of its subject matter.
21. Governing law
This Agreement, its subject matter and its formation, shall be governed by and construed in accordance with the laws applicable in Queensland, Australia. You agree that the courts of Queensland, Australia will have exclusive jurisdiction to settle any dispute relating to this Agreement including its formation.
