Our terms of use

Below are our terms of use. Our terms are the basis upon which we provide services through our website application and related software (website). Our terms are designed to ensure that you understand your rights and obligations when you access, navigate and/or use our website located at www.linkpos.com.au.

You will be considered a customer of ours, if you access, view or use our website application and/or our services. In these terms, we will refer to the user, as you and/or customer.

By using our website, you agree to follow all of our terms of use. Also, by using our website, you warrant that:

· you are at least 18 years old;

· you are legally capable of entering into a binding contract with us; and

· all information you provide to us is truthful, accurate and complete.

About us

1.1 Link Group Pty Ltd (ABN 81 615 082 534) offers customers an interactive mobile menu containing food, beverage and merchandise products from third party restaurants and other venues (venues).

1.2 By using our QR code or tapping the NFC chip located at participating venues or by visiting the links located on a venue’s website, a customer will be directed to our website where they can access details of the products available at the venue.

1.3 On our website, the customer will be able to buy products, by placing orders from the menu and selecting a payment method. The venue is the provider of the menu items ordered on our website and any dispute about products or services you order is between you and the venue.

Use of services & website

2.1 To allow you to access, use and navigate our website, we will provide you with a limited, non-exclusive, non-assignable, non-transferable licence to access and use the website solely for your own personal, non-commercial purposes. However, the licence we grant you is subject to you following these terms and following the law, at all times. If you do not follow these terms and/or the law, then we will have a right to end your licence, immediately.

2.2 To use our website, you understand that you may be required to provide us with information that may personally identify you and you acknowledge that we may collect details of your physical location. All information we collect from you regarding your location will be dealt with in accordance with our privacy policy. By agreeing to these terms, you will also be considered to have agreed to the terms of our privacy policy, available at ….

2.3 You may be able to us some areas of our website without registering your details with us. However, if you wish to have an account with us, then you must be at least 18 years of age and you must not have previously been barred from obtaining an account with us. Account registration requires you to submit to us your full legal name and mobile telephone number. All personal information you provide through our website will be collected, handled and used in accordance with our privacy policy. To set up an account with us, you will also be required to provide at least one valid payment method which we support. You agree to keep your account details accurate and complete. You will not be able to use our website if you have an invalid or expired payment method on file or are in arrears with your payment for any of our services. You are responsible for any activity that occurs through your account and you will not sell, transfer, license or assign your account to anyone else. You agree that you will not create an account for another person and will not possess more than one account, unless we allow you. If you have an account with us, we may share your username with other users of the website who are or appear to be at the same table as you at a venue.

2.4 We may use the details of your mobile or other electronic device, to send you text, electronic and/or other messages to provide you with details of your order. By inputting your details on our website, you will be taken to agree and consent to us sending you electronic messages to your electronic devices. We will only send you messages related to your order and, if you opt in, we may send you direct marketing communications and information about services that we consider may be of interest to you, in the future. At any time, you will be offered the choice to unsubscribe from receiving direct marketing communications and information.

2.5 You will only be entitled to any order you have placed on our website, after you have paid, in full, for your order on our website, using any of the payment methods which we offer to customers. If you do not pay for your order in full and/or you have selected a method of payment, which fails for any reason, then you will not receive the order you placed on our website.

2.6 If you wish to buy any products available on our website (for example, alcoholic beverages), the sale of which may be limited by age and/or other requirements, then you agree that you meet all legal requirements for the purchase of the product. You are warranting to us that you meet all legal requirements to place any orders for products which may have restrictions or limits placed on sale.

2.7 By agreeing to these terms, you will be taken to understand that it is the responsibility of the venue to follow all legal requirements in relation to the consumption of restricted goods (for example, the serving of alcohol), ensuring the venue holds all required licences (for example, liquor licences) and ensuring that the person who consumes the product meets all legal conditions for its consumption. You agree and understand, that we are not responsible for the illegal consumption of products and/or the supply of any products contrary to law.

2.8 We do not provide any warranty or guarantee to you that products will be delivered or available for collection from the venue within a given time period or that the products will be of a particular quality. Product quality and delivery time frames will vary depending on availability and other factors, within or beyond the control of Link and/or the venue.

2.9 We offer no warranty or guarantee that any of the information shown on our website including all details, photographs, ingredients and/or explanations of a product or the menu for a venue are correct or accurate and we are not responsible or liable in any way, for any inaccuracies or misrepresentations for products available online.

2.10 We act only as an intermediary between a customer and the venue. We are a payment collecting agent. We are not responsible or liable in any way if a venue does not stock or make the products available or refuses to accept your order We are also not responsible or liable, if it turns out that a product is not consistent with the description provided and/or there is limited stock of a product.

3 Orders & payment

3.1 We will not place an order with a venue, until your payment has been authorized and your order paid for in full. All payments (including any additional charges and tips) you pay are final and non-refundable, unless we determine otherwise. Once you have placed an order on our website, you cannot cancel the order. You must pay for all menu items you order on our website, even if you leave the venue before you receive the order or even if the order does not arrive.

3.2 You agree to pay for any product you order from a venue according to these payment terms and that you will pay the full price for the product, shown on our website. If you do not pay the full price for the product, then you will not be entitled to the product (in part or in full).

3.3 We warrant and guarantee to you that we have been given the right, by the venue, to collect payments for products that you order using our website. Once you have paid for a product, in full, using our website, you will not be required to pay the venue anything for the product you have ordered on our website.

3.4 All prices which appear on our website are inclusive of all applicable taxes, where required by law. All prices shown on our website are displayed as inclusive of the goods and services tax and/or any other applicable value added or similar taxes.

3.5 You acknowledge that the price or availability of a product as shown on our website may not match the price of the product, as advertised at the venue. Prices may differ from user to user (for example, where one user receives a venue loyalty discount) and may be time based (for example, during “happy hour”). By using our website, you accept that such differences in pricing may exist, and acknowledge and agree that no compensation or refund will be offered to you for any such price differences.

3.6 You acknowledge that we use third party payment processors including, without limitation, Stripe, Braintree, Square, Paypal, Hyperwallet, Apple Pay and Google Pay. In addition to the price of a product, you may be required to pay additional fees and charges which the processors impose for the processing of a payment.

3.7 When you pay for products using your credit card and/or a third party payment processor, the processing of your payment will also be covered by the terms, conditions and privacy policies of those entities, in addition to our terms. It should be possible for you to access the terms and conditions and privacy policies on the websites of those entities. We will not be responsible or liable in any way for any errors or malfunctions resulting from your use of a credit card and/or payment processor.

3.8 By using our website, you are guaranteeing to us that you are the permitted user of any payment method that you use and you acknowledge that we are not responsible or liable for any illegal or unauthorised use of any payment method.

3.9 A venue may reject or refuse an order placed by a customer, at its discretion. If a venue cancels or rejects your order, then you will receive a refund in accordance with the venue’s refund policy, but not otherwise.

3.10 We use …. payment services to deliver payments to you. Such payment services are subject to the … Terms of Service and the … Privacy Policy.

4 Venue promotional codes

4.1 A venue may provide you with promotional codes offering discounts, bonus offers or other incentives for you to use on our website. We agree to allow you to use valid venue promotional codes on the terms and conditions of the venue and also the following conditions:

(a) venue promotional codes cannot be redeemed for cash, can only be used on one transaction and must be used before their end date; and

(b) we and the venue will retain the right to cancel, withhold use, suspend or vary the terms of use of venue promotional codes and any discount or benefit associated with the code, at any time, at our discretion.

5 Access & content

5.1 We will make all efforts to ensure that the information on the menus of venues and products available on our website are correct and accurate. However, we do not guarantee that any of the information on our website will be complete, adequate, error-free and/or up to date.

5.2 You acknowledge and accept that our website may, from time to time, contain inaccurate details, technical inaccuracies and typographical errors. You acknowledge and accept that our services and our website, may change at any time without notice to you and that the content of our website may not necessarily be accurate and/or up to date at the time you view it.

5.3 You should contact us directly if you are unsure whether any material or information on our website that you seek to rely on is accurate and current. We disclaim all responsibility and liability for any direct or indirect loss or damage arising from your use or reliance on our services and/or our website to the full extent allowed by law.

5.4 Unless we allow you to do so, you agree not to attempt to change, add to, remove, deface, hack or otherwise interfere with the services and/or the website or any material or content displayed on the services or the website.

5.5 You warrant and agree that you will not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice.

5.6 We do not warrant or guarantee that your access to our website and/or our services will be uninterrupted or that services and/or our website will be free from viruses or any other malware which may damage any of your electronic devices and/or data as a result of using or accessing the services or the website.

5.7 You agree that we may carry out maintenance of our website at any time and that this maintenance may interrupt your access to our website.

5.8 We may end your access to our website at our sole discretion if we believe you have not been following these terms. If we believe that you have not been following these terms, then we will inform you of the breach and ways in which you can remedy it.

6 Intellectual property rights

6.1 All intellectual property rights (including, without limitation, brand names, logos, layouts, trademarks, service marks, trade names, designs, copyright and/or domain names) are reserved and are exclusively owned by us and/or the venues whose products are shown on our website. You are not allowed to use our or the venue’s intellectual property for any commercial purpose without first obtaining our written permission.

6.2 You agree not to copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast and/or circulate any of our intellectual property for any commercial purpose to any third party in whole or in part without first obtaining our permission.

6.3 You cannot use any of the intellectual property on our website in a manner which is likely to cause confusion or mislead customers without first obtaining our written permission of and/or the permission of the venues.

6.4 You acknowledge that if you do copy, imitate, reproduce, screen shot, post, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property, we will suffer loss and damage and you agree to indemnify us for any such loss and damage.

6.5 We do not grant any licence or right in or assign all or part of the rights in our intellectual property to you.

6.6 Our website may contain links to other websites operated, controlled or produced by third parties including our partners. We do not not control, endorse, sponsor or approve of any third party website or its content and does not provide any warranty or accept any responsibility whatsoever for your access and use of third party websites. We recommend that you check the privacy policy and terms and conditions of all websites before using those websites.

6.7 You warrant that you will not infringe our intellectual property rights or those of any third party by using our website.

7 Exclusion of liability

7.1 We exclude all liability to you, to the maximum extent allowed by law. This includes any liability relating in any way to any material and/or the use of our website or the availability of our website or any of its content. We disclaim responsibility for loss or damage of any kind arising out of or in connection with our website content and your use or performance of the website and services to the maximum extent allowed by law. Our exclusion of liability includes, without limitation, any loss or damage resulting from:

(a) the quality of the food, beverage or service provided by a venue;

(b) consumption of alcohol by minors;

(c) your consumption of any product that may result in an allergic reaction or other illness;

(d) any failure of the venue to meet your dietary requirements, even where you have advised the venue, on our website or otherwise, of those requirements;

(e) any injury you suffer at the venue; and/or

(f) any representation of the ingredients of a product.

7.2 You agree that your use of our website is at your own risk and you accept and agree that you will not hold us liable for any loss or damage that you or any third party may suffer as a result of your use of our website, and that you will indemnify us for any such loss or damage we may suffer as a result of claims brought against us by any party as a result of your use of our website.

7.3 The products and services we provide to you may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms of use modify or exclude Australian Consumer Law and other laws which cannot be modified or excluded.

7.4 We assume no responsibility and should not be liable for any damage to or viruses that may infect your electronic devices or other property on account of your access to, use of our website or your downloading of information from our website.

7.5 On occasion, our website may be temporarily unavailable for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. We are not responsible for any technical malfunctions and/or other problems related to or resulting from using our website and/or materials in connection with our website and/or in connection with any products or services offered on our website. We are not liable for any loss or damage you suffer as a result of the provision, or lack thereof, of products and/or services by a venue. We may discontinue or alter the products and services we offer, remove content from our website or limit our website’s availability, without notice.

7.6 To the maximum extent allowed by law, in all instances involving liability, you agree that our aggregate liability shall not exceed the total price of your order.

8 Indemnification

8.1 To the maximum extent allowed by law, you agree to release us from all liability and obligations whatsoever in connection with or arising from your use of our website. You agree to defend, indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses or expenses, including, without limitation, legal fees and costs and expenses, arising out of or in any way connected with:

(a) your access to or use of our website;

(b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these terms;

(c) infringement or misappropriation of any of our intellectual property or other rights of our or third parties by you; or

(d) any negligence or wilful misconduct by you.

9 Severability

9.1 If any term of these terms of use is unlawful or unenforceable, then it will not apply to you. The rest of these terms of use will continue to apply to you.

9.2 If the law requires us to include any extra terms in these terms of use, then those extra terms will be taken to be included in our terms of use from the date the law first requires those terms to be included.

10 Assignment

10.1 We are allowed to assign, transfer and/or subcontract our rights and/or obligations under these terms without any notification and/or obtaining your consent.

10.2 You are not allowed to assign, transfer and/or subcontract any of your rights and/or obligations under these terms of use.

11 Breach of terms

11.1 You agree that we are not responsible for any loss or damage you suffer or costs you have to pay because you have not followed our terms of use.

11.2 You agree to pay us for all costs we have to pay if you do not follow these terms of use.

11.3 You may be banned from buying our products and/or using our website, if you do not follow these terms of use.

12 International use

12.1 If you are using our website from a country other than Australia, you are responsible for following that country’s laws relating to the access and use of our website.

12.2 Some of our terms of use may not apply to you in certain countries. If this is the case, then those terms will be ignored in that country. However, all other terms will still apply to you.

13 Privacy policy

13.1 In our dealings with you, we will follow the terms of our privacy policy. By using our website or otherwise dealing with us, you will be taken to agree to our terms of use and privacy policy located at https://www.linkpos.com.au/privacy-policy.

13.2 If you do not agree to our privacy policy, then you must stop using our website.

14 Changing terms of use

14.1 We have the right to vary our terms of use, as we wish. Our terms of use may change, at any time and/or from time to time, to ensure that we meet our legal obligations or otherwise.

14.2 You are responsible for monitoring this page of our website to make yourself aware of any changes to our terms. We may, but are not required to, inform you of our changed terms of use by email.

14.3 You agree to be bound by our new terms of use immediately, upon these being updated on our website.

14.4 Your use of our website, products and/or services indicate your agreement to any new terms of use, posted on our website from time to time.

15 Entire agreement

15.1 Subject to any contract we may have with you which states something different, you agree that these terms of use and our privacy policy include everything that applies to the relationship between you and us. No other warranties, brochures, promotional and/or other material form part of the arrangement between you and us.

15.2 If the law provides us with greater protection from liability than these terms of use, then we will be given the benefit of the greater protection offered by law.

16 Uncontrollable events

16.1 You agree that we are not responsible for not performing our obligations or any delays in performing our obligations due to reasons out of our control including, without limitation, riots, terrorism, pandemics, lockdowns and/or natural disasters.

17 Dispute resolution

17.1 We may, at any time, take legal action against you for any unauthorized, illegal or inappropriate use of our website.

17.2 If a dispute between you and us arises, you agree to use your best efforts to resolve that dispute with us without resorting to Court or Tribunal action of any sort.

17.3 If the dispute cannot be resolved within 10 business days of us trying to solve the issue with you, a mediator may be appointed to resolve the dispute. Mediation will be conducted by an independent mediator appointed by us and you agreeing or, if no agreement is reached within 5 business days, a person appointed by the President of the Institute of Arbitrators and Mediators, Australia. You will be solely responsible for all of the costs of mediation.

18 Governing law & jurisdiction

18.1 These terms of use are governed by the laws of the State of New South Wales, Australia.

18.2 You agree to be bound by the Courts and Tribunals of the State of New South Wales, Australia.

19 Enquiries

19.1 All enquiries may be directed to …

Our privacy policy

Below is our privacy policy. We respect and value your privacy. We are committed to protecting your personal data and information. Our privacy policy below, sets out how we collect and use personal information, your rights to the information and the legal bases upon which we rely on to process and/or use your personal information.

We follow the Privacy Act 1988 (Cth) (Act) and the Australian Privacy Principles in protecting the personal information we hold.

From time to time, we will review and update our privacy policy. We will take into account new or amended laws, new technology and/or changes to our operations. All personal information we hold will be dealt with in accordance with our most recent policy and we will give you notice of our revised policy by posting it to on our website.

1 What is personal information?

1.1 Personal information covers any information about a living person from which they can be identified. Anonymous data, which is information from which a person’s identity has been removed, is not personal information. Personal information may include, without limitation, your name, age, gender, postcode and contact details (including telephone number and email address) and possibly financial information, including your credit card or direct debit account information.

2 Obtaining consent

2.1 Your consent to our privacy policy is the legal basis upon which we can collect, use, store, process and disclose your personal information. You accept and acknowledge that by using our website, platforms, applications, products or services, you are consenting to providing us with your personal information and agree to your personal information being collected, used, stored, processed and disclosed in accordance with our privacy policy. If we rely on your consent as the legal basis for processing your personal information, you will be able withdraw your consent, at any time.

2.2 If you do not wish to provide us with your personal information, then you do not need to do so. However, if you do not provide us with your personal information, we may not be able to provide you with access to our website, either to the same standard as if you had provided the required personal information, or at all.

2.3 By using our website and providing us with your personal information, you will be taken to consent to our collection and use of your information on the terms of this policy.

3 Types of personal information collected

3.1 We may collect personal information from you in the course of our business, including when you order products from venues, through your use of our website, when you contact or request anything from us or as a result of your relationship with our staff, our suppliers and/or other customers.

3.2 We may process any of the following data from you, among others:

· contact information, including your name, your title, your address, email address and phone number(s);

· identification and background information provided by you or collected as part of our business acceptance processes, this may include your full name, photographic identification and gender;

· usage data including information about how you use our website;

· financial information, such as bank account and payment card details;

· marketing and communications data including your preferences in receiving marketing from us and our third parties and your communication preferences;

· technical information, such as information collected from your visits to our website (for example, internet protocol address, your login data, browser type and location); and/or

· personal information provided to us by or on behalf of our customers or generated by us in the course of supplying products or services to them.

4 Collection and use of personal information

4.1 We collect your personal information directly from you unless it is unreasonable or impractical to do so. Some of the ways we do this, include the following:

· when you validate your phone number upon registering as a user of our website;

· by your access and use of our website;

· when someone else has provided us with your information; and

· during any discussions between you and us by telephone or email (if any).

4.2 On occasion, we may also collect your personal information from a third party such as an integration partner of ours. If you provide your personal information to a third party, you will be viewed as having allowed that third party to provide us with your personal information.

4.3 If you use our website for someone else, you warrant that you have obtained that person’s permission to provide their personal information and their consent for us to collect, store, use, process and disclose their personal information consistently with this privacy policy. You should let us know at your earliest if you realize that your personal information has been provided to us by a third party without your permission or if you did not obtain consent before providing another person’s personal information to us.

4.4 By using our website and providing us with your personal information, you agree to us disclosing some of your information to third parties in accordance with this privacy policy. This includes disclosing your personal information to the venue that you transact with. Your personal information (but not your credit/debit card information) will be provided to the venue through our admin login. We will require the venue to use your personal information consistently with the Spam Act 2003 (Cth).

4.5 We will not share your personal information with other venues, in our network, unless the venue is part of a larger related party group, in which case we may share your personal information with that group only.

4.6 Also, we will not share your credit/debit card information with the venue. Your credit/debit card information is stored as a secure customer token on our database and this token can only be charged by our website. We will provide the venue with your credit/debit card information only if this is required for the purpose of processing a refund to you.

4.7 We may provide your personal information to third parties we engage to perform functions on our behalf, such as processing credit card information, as well as third parties authorised by you to receive information which we hold.

4.8 We may collect and disclose personal information to the venue and other third parties, but only in accordance with the purposes in this privacy policy. The purposes for which we are allowed to collect and disclose personal information include, without limitation, the following:

· efficient communications between you, us and the venue;

· secure storage and management of your files to allow us to provide you access to our website;

· where you have consented to the use or disclosure;

· where we reasonably believe that the use or disclosure is required to lower or prevent a serious, immediate threat to a person’s health or safety or the public’s health or safety;

· where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a required part of our investigation or in reporting the matter to the relevant authorities;

· where such use or disclosure is required under or authorised by law (for example, COVID19 regulations or to comply with a warrant or Court or Tribunal order;

· where we reasonably believe that use or disclosure is necessary for the prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, or conduct of, proceedings before any court or tribunal (or the implementation of orders of a Court or Tribunal or on behalf of an enforcement body);

· to develop and improve our (and our related entities’) business, products and services;

· to facilitate your participation in loyalty programs;

· for research and analysis in relation to our business and services;

· for our internal accounting and administration; and

· to facilitate any authorised payments through the payment gateway Stripe.

4.9 The primary purpose for which we collect information about you is to enable us to perform our business activities and functions and to provide you with the best customer experience we can offer.

4.10 We usually collect personal information as part of providing you with access to our website, for the venue to contact you about your order, informing you about them and/or meeting our contractual and/or other legal obligations.

4.11 We may use your personal information to inform you about promotions we are running and/or other marketing activities and to provide you with information on our activities that may be of interest to you only where you have given us permission to do so. You can unsubscribe from receiving any of our electronic marketing or promotional communications by following the unsubscribe button in the communication.

4.12 We will not share, sell, rent or disclose any of your personal information, except in accordance with our privacy policy.

4.13 We may disclose your personal information to:

· our employees, contractors, licensees or external service providers for the operation of our website or our business, meeting your requests, including without limitation IT systems administrators or payment processors;

· specific third parties permitted by you to receive information we hold (for example, a venue that you have opted in to receive marketing information from);

· the police, any relevant authority or enforcement body, or your internet service provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary; or

· as otherwise required or permitted by any law (including the Act).

5 Personal information cannot be collected

5.1 If possible, such as when you are viewing the menu of one of the venue’s on our website, without ordering anything, you may choose not to identify yourself.

5.2 In certain cases, if you do not provide us with any personal information as detailed in this policy, we may not be able to provide you with access to our website, either to the same standard as if you had provided the required personal information, or at all.

5.3 You acknowledge and agree that we are not responsible in any way to you, for our failure to allow you to use our website, where you do not provide us with your personal information.

6 Use of financial information

6.1 If you use our website to buy products or to make other financial transactions (such as payment of invoices through our website for products or services you bought from a third party user or a venue), we may collect information about the purchase or transaction. This includes payment information, such as your credit card or debit card number (stored as a secure token), billing details and other account and contact information.

6.2 We will only collect your financial information with your prior permission and knowledge. You can access and browse our website without disclosing any of your financial information to us.

6.3 We only use your financial information to process payments for products or services you order or buy on our website. We only use and retain your financial information to complete payments you initiate, any financial information that is collected is solely for the purpose of transaction approval and the transfer of funds.

6.4 We provide data encryption throughout the payment process and only share your financial information with your credit card provider, third party payment processor or financial institution to process payments. We will treat the financial information in strict confidence and hold it on secured servers in controlled facilities.

6.5 We store your financial information against your verified phone number after the transaction is complete for your convenience, so you do not have to type in your credit card each time you use our website. If you would like your financial information to be removed from our website, then all you need to do so is contact us for your user account and/or card details to be removed from your database and we will do this immediately.

6.6 We may use third party agents to manage our online payment processing. These agents are not allowed to store, retain, or use your financial information or other personally identifiable information, except for the sole purpose of payment processing on our behalf. Any third party agent we use will not be allowed to use your financial information in any way other than to process payments and will be required to keep any financial information they use or collect strictly confidential.

7 Direct marketing materials

7.1 We may send you direct marketing material about our website and venues, which we consider may be of interest to you. These communications may be sent in various forms, including mail, text messages or emails, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you note a preference for a particular method of communication, we will aim to use that method whenever possible.

7.2 In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (see section 16 below) or by using the opt-out facilities included in the communication (for example, an unsubscribe button). We will then ensure that your name is removed from our mailing list.

7.3 We will not share any of your personal information with anyone else (aside from the venue) for the purposes of direct marketing, unless you expressly allow us to do so.

7.4 Even if you unsubscribe from receiving marketing communications from us, you agree that we may still send you information relevant to the supply of any services arranged by us or goods or services you bought on our website.

7.5 If you receive communications from us that you believe have been sent to you other than in accordance with our privacy policy, or in breach of any law, please contact us using the details in section 16 below.

8 Third party hosting

8.1 We host our website with a third party service provider.

8.2 For you to be able to access our website, at times, we may allow access to your personal information to third party providers.

8.3 We make no representations or warranties about the privacy practices of any third party service providers and we are not responsible in any way for the privacy policies or the content of any third party service provider.

9 Overseas disclosure of information

9.1 We will not disclose your personal information to any person or entity outside of Australia. If we need to change the location for the storage of your personal information, then we will let you know before any overseas disclosure and will provide you with the details of the storage.

9.2 If we need to disclose your personal information to anyone overseas, then we will take reasonable steps to ensure that the overseas recipients of your personal information do not breach Australian law in relation to the handling of your personal information.

10 Accessing & correcting personal information

10.1 You can ask us for access to any personal information we have about you, at any time, by contacting us at …

10.2 If we have information that you are entitled to access, we will try to provide you with a suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge you for your request and will not charge you for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity. There may be some cases where we cannot give you access to the personal information we have. For example, we may need to deny you access if giving you access would breach someone else’s privacy or if it would result in a breach of confidentiality. If that happens, we will provide you with written reasons for any refusal.

10.3 If you think that we have personal information about you which is incorrect, incomplete or inaccurate, then you may ask us to change it. We will consider if the information needs to be changed and if we believe it does, then we will change it for you. If we believe the information does not need to be changed, then we will note on the personal information that you do not agree with the information.

10.4 At all times, you should keep us up to date with your current information, so that we may offer you the best possible experience on our website. If you do not provide us with your most up to date information, then you may miss out on important information about our website and the services we offer. We may also choose not to offer you services.

11 Security of personal information

11.1 We are committed to ensuring that your personal information is secure. To prevent illegal access or disclosure, we have implemented appropriate technical, physical and other processes and procedures to safeguard and protect your personal data. We monitor our systems for potential issues and attacks and we carry out penetration testing to identify measures to strengthen security.

11.2 In addition, we limit access to your personal data to only those persons in our business who need to know the information. Also, they will only process your personal information in accordance with our instructions and they are under a duty of confidentiality.

11.3 We have procedures in place to identify and respond to data security breaches. We will notify you and any data protection authority of a breach, if we legally need to do so.

11.4 We will take all steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of credit card transactions.

11.5 If you believe there has been any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.

11.6 If we suspect any misuse or loss of, or unauthorised access to, your personal information we may let you know of our suspicion and take appropriate steps to limit any further access to, or distribution of, your personal information. If we consider that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action in accordance with Australia’s privacy laws.

11.7 If we receive unsolicited personal information that we are not allowed to collect under our privacy policy, or in accordance with law, then we will destroy or de-identify the unsolicited personal information as soon as practicable if it is lawful and reasonable to do so. We will destroy or de-identify your personal information if we no longer require it to deliver our services as soon as practicable if it is lawful and reasonable to do so.

12 Use of cookies

12.1 When you use our website, we or our service providers may obtain information using technologies such as cookies, tags, web beacons and navigational data collection (for example, log files, server logs and clickstream data) to better understand your user experience. For example, we or our service providers may collect information like the date, time and duration of visits and which webpages you have accessed.

12.2 When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer or mobile device. The sending of a cookie will enable us to recognise your computer or device and recognise you each time you visit our website, without asking you for a new log-in. The use of cookies also helps us keep track of products or services you view, so that we can send you news about those products or services.

12.3 We may also use cookies to assess traffic patterns, examine which areas of our website you have been visited and to consider transaction patterns in the aggregate. We use the details we obtain into our users’ habits in order to improve the provision of services online. If you do not wish to send cookies, you can set your internet browser so that it does not accept them.

12.4 We may also log IP addresses (the electronic addresses of computers connected to the internet) to examine trends, administer our website, track user movements and obtain details on the demographic of the users of our website. This information will usually not be linked to your identity, except if it is accessed through links in our emails or if you have identified yourself. We may also collect anonymous data (which is not personal information) relating to your activity on our website (including IP addresses) via cookies. We will generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our services. If this information is not personal information as it does not identify you or anyone else, the Australian Privacy Principles will not apply and we may use the information for any purpose and by any means whatsoever.

13 Contact tracing use

13.1 We will store guest register data for contact tracing purposes for the maximum period required under Australian law or public health orders. We store these details in a separate database table to our transactional user data. After the maximum period for the storage of such information has ended, the data will be deleted from the database.

13.2 We share our guest register data securely with the venue using the admin panel on our website in order for the venue to check whether each table has registered.

13.3 We may provide the information we obtain to any arm of the Australian Government using a manual file transferor by API integration to support broader contact tracing initiatives.

14 Children’s privacy

14.1 We will not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and are aware that you child has provided us with personal information, please contact us. If we become aware that we have collected personal information from a child without obtaining their parental consent, we will immediately take steps to remove the information from our servers and systems.

15 Complaints about privacy breaches

15.1 If you believe that we have breached your privacy or you have any queries or concerns about our privacy policy, then you can email us on …. In your email, please provide us with details of your concern and how we can address it.

15.2 We are genuinely committed to the rules and purposes of our privacy policy and the Australia’s privacy laws. We will aim to handle all your requests and complaints confidentially. One of our representatives will contact you within a reasonable time of you contacting us to discuss your concerns and outline options for resolving your concerns. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

15.3 If you are not happy with the outcome of our complaint resolution, then you may contact:

Office of the Australian Information Commissioner (OAIC)
GPO Box 5218, Sydney, NSW 2001

16 Contacting us

16.1 To contact us about our privacy policy, your personal information, concerns or complaints, email us at … or alternatively, write to …. At all times, our most recent privacy policy will be available on our website. You may also be able to obtain previous versions of our privacy policy by contacting us.