1. Intellectual Property
All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on Menulog is owned, controlled or licensed by or to Menulog, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on the Menulog website only for your personal, non-commercial informational purpose. No content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Menulog’s prior written consent.
By submitting content to Menulog (including but not limited to restaurant reviews, ratings and comments) You grant Menulog the ownership to this intellectual property and the right to use it in any manner Menulog chooses, to the maximum extent permitted by law.
2. Review of transmissions
You agree that if You submit ratings, suggestions, comments or questions or post any other information on this site, you grant Menulog, the non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Menulog takes no responsibility and assumes no liability for any content posted or submitted by You or by other users.
You promise to Menulog that any such material provided by You does not breach the intellectual property rights of any person and agree to indemnify Menulog against claims of any kind arising from a breach by You of that promise, including legal fees on the indemnity basis.
3. Limitation of Liability
Under no circumstances will Menulog be liable for any losses or damages whatsoever (including for death, injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information or opinions contained on this website. Menulog excludes all liability (including for negligence) to You or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through the Menulog website.
Any disputes between You and the Venue (for example in relation to, but not limited to, your booking, service, special offers, venue information, food or charges) shall be resolved between You and the Venue. Menulog acts as a database and intermediary service only, and is no way responsible for any claims or complaints arising from the service supplied by Venues, whether such claims are made by You or by third parties.
For products/services involving Venues, the user may be bound by additional terms and conditions imposed by the Venue. Whilst Menulog will do its best to communicate these to You, Menulog is not responsible for any claims or complaints about Venues or the goods and services provided by Venues, nor disputes between You and Venues about the Venue's terms and conditions.
All orders placed via the website are prepared by the venue and delivered by the venue's delivery drivers, drivers arranged by the venue or in some cases by a third party delivery company contracted directly by the venue. The delivery times indicated on the website and in order correspondence are estimate times only based on information supplied to us by the venue.
Menulog reserves the right to process a refund to your credit card if payment is made online to Menulog, provided the refund has been approved by the restaurant. Menulog does not accept any responsibility for any delays in inter bank processing of such refunds.
Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the listed venue. Specials listed on Menulog are subject to change. Venues may alter their specials at any time, including removing or changing the terms of their Loyalty Discount program. Loyalty credits earned from a venue are non transferrable and are not redeemable for cash.
In these Terms of Use the expressions 'Venue' or 'Venues' mean the restaurant or other supplier to which You have been introduced or referred by Menulog using this site.
4. Voucher Terms
If you use voucher at checkout the following terms are applicable:
Vouchers are available only at restaurants that display 'Vouchers Accepted'; vouchers can only be used in conjunction with paying via credit card; voucher must be used before its expiry date; vouchers can only be used in full (ie. no change is given); voucher code to be entered at end of checkout process; final amount owing after voucher applied will be shown at the top of the credit card entry page; certain vouchers are valid for delivery only orders and/or for first time Menulog customers, amongst other restrictions. Specific voucher conditions will always be attached to the voucher when it is sent out. Menulog reserves the right to charge the value of the voucher to your allotted credit card if we determine that the voucher was redeemed contrary to the terms of use.
5. Disclaimer of warranty
Menulog is providing this site and its contents on an “as is” basis and use of this site is at your own risk. All content is believed, in good faith, to be accurate, complete, current and reliable at the date the information was placed on the site.
Menulog, nor any of its respective directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including non-excludable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site.
To the extent permitted by law, Menulog expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
6. Release and Indemnity
You agree to release and indemnify and hold Menulog and (as applicable) affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, arising from or in relation to the service provided by Menulog, including those made by any third party arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.
7. Changes
Menulog may change these Terms of Use at any time without notice and You agree to be bound by such changes. Those changes will be posted on the website.
The laws of the State of New South Wales and the Commonwealth of Australia govern this web site and its use. This website may be accessed throughout Australia and overseas but Menulog makes no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this web site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
