By using the myTaste Site and services (as defined within these Terms of Service) and by accessing the myTaste Site located at
www.mytaste.com.au, and all linked pages owned and operated by myTaste,
you agree to be bound by these Terms of Service.
myTaste.com.au provides a forum which can help you
- find businesses/services you are looking for by allowing you to get
reviews from other myTaste users,
- post and share your own reviews with myTaste users, and
- view third party postings/reviews regarding similar
businesses/services
- opt in to receive information from Restaurants
myTaste.com.au provides Business Owners with the ability to
- claim their page
- add and alter information to their page
- invite customers to receive information about their Business in a
monthly bulletin
Please read these Terms of Service carefully. Your access to or use of
the myTaste website constitutes your acceptance of all the provisions
of these Terms of Service. If you are unwilling to be bound by these
Terms of Service then do not access or use the myTaste website.
1. Approved Users
By using the myTaste Site you represent and warrant that you have the
right, authority, and capacity to enter into these Terms of Service and
to abide by all of the Terms of Service set forth herein.
You must be 18 years old or older to be eligible to post reviews on
myTaste. Your profile
may be deleted and your Membership may be terminated without warning,
if we believe that you are under 18 years of age.
2. Changes to the Agreement .
You agree that these Terms of Service may be modified by myTaste at any
time without prior notice, and such modifications will be effective
upon myTaste posting the new Terms of Service. You agree to review the
Terms of Service periodically so that you are aware of any
modifications. Your continued use of the myTaste website after any
modifications indicates your acceptance of the modified terms and
conditions.
3. Registration and Security.
In order to use or access some of the myTaste Services, you may be
required to register with myTaste and to select a password. This
will require you to provide an email address you own and use.
If you register, you agree to provide myTaste with accurate, complete,
and updated registration information. Failure to do so shall constitute
a breach of these Terms of Service, which may result in immediate
termination of your account. You may not enter, select or use a false
name or an email address owned or controlled by another person with the
intent to impersonate that person. myTaste reserves the right to refuse
registration of, or cancel a User ID at its discretion. You shall be
responsible for maintaining the confidentiality of your password and
are fully responsible for all activities that occur under your User ID
and password.
4. Limitation of Liability and Disclaimer of Warranties
We exclude all
representations or warranties of any kind whether express, implied,
statutory or otherwise, relating to the myTaste Site or your use of the
website, its contents, information or service.
You acknowledge that myTaste does not control the Content posted by
third parties via the website, including the content of any messages or
reviews, and does not guarantee the accuracy, integrity or quality of
such Content. You acknowledge that by using the myTaste Service you may be exposed to
Content that is offensive, indecent, or objectionable. Under no
circumstances will myTaste be liable in any way for any Content,
including any errors or omissions in any Content, any loss or damage of
any kind incurred as a result of your use of any Content. You agree
that you must evaluate and bear all risks associated with the use of
any Content, including any reliance on the Content, integrity, and
accuracy of such Content. You agree to waive all liability including
negligence to you or anyone else in respect of any loss or damage (be
it direct, indirect, punitive, consequential loss or damage such as
loss of revenue, loss of reputation, unavailability of systems,
inaccuracy of information or loss of data) arising from any use of the Content on the myTaste website
(including, but not limited to third party content) for any reason
whatsoever.
myTaste provides all services that are a part of the myTaste website on
an "as is" basis, including, but not limited to the booking system, the
review system, the search system, the bulletin system, the sponsored
result system. You acknowledge that because of the nature of IT systems, some systems
may fail from time to time and you agree to waive all liability
including negligence to you or anyone else in respect of any loss or
damage (be it direct, indirect, punitive, consequential loss or damage
such as loss of revenue, loss of reputation, unavailability of systems,
inaccuracy of information or loss of data) arising from any use of the
myTaste website.
5. Posting Content
You are solely responsible for any Content and other material that you
submit, publish or display on the myTaste Site or transmit to other
members and/or other website users.
-
You accept all legal responsibility for your reviews. Should you post
any Content that is Slanderous or Defamatory you will accept all legal
responsibility. You will be responsible for the defending of any
actions brought against you, whether or not those actions are
successfully defended or not. You indemnify myTaste against any
charges, costs, expenses, claims, proceedings or actions relating to
the publication of your Content.
- myTaste reserves the right, but has no obligation, to delete or edit
content
-
You will allow myTaste to monitor disputes between you and any entity
which you have reviewed.
-
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary
rights.
-
You may not provide any Content that is unlawful or that promotes or
encourages illegal activity.
-
You may not submit any Content or material that infringes,
misappropriates or violates the intellectual property, publicity,
privacy or other rights of any party.
-
You may not provide any Content that falsely express or imply that
such Content or material is sponsored or endorsed by myTaste.
-
You agree that you will only provide Content that you believe to be
true and you will not purposely provide false or misleading information.
-
By posting Content on myTaste, you agree to and hereby grant myTaste
an irrevocable, perpetual, royalty-free, fully sub-licensable, fully
paid up, worldwide license to use, copy, publicly perform, digitally
perform, publicly display, and distribute such Content and to prepare
derivative works of, or incorporate into other works such Content.
- The following is a partial list of the kind of Content and
communications that are illegal or prohibited on/through the myTaste
Site. myTaste reserves the right to investigate and take appropriate
legal action in its sole discretion against anyone who violates this
provision. You may not post Content that:
-
is false or intentionally misleading;
- is patently offensive to users of the myTaste Site, such as Content
or messages that promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
-
harasses or advocates harassment of another person or business;
-
involves the transmission of unsolicited mass mailing or "spamming";
-
violates the intellectual property or other rights of any person;
-
promotes illegal activities or conduct that is abusive;
-
is threatening, obscene, defamatory or slanderous;
-
is pornographic or sexually explicit in nature
6. Business Owners
Owners of the businesses may claim their business's page on the myTaste
site by filling in the application shown on the business's page. This
allows
-
editing of the some (but not all) of the content on the page
including information, menus, hours etc
-
the adding of customers to their VIP list,
-
communication with myTaste users through a monthly bulletin
- Business
Owners are deemed to have agreed to all of the Terms of Service herein
if the Business Owner has claimed the business's page or if the
owners of the business have registered as an individual user of
the myTaste site, or the Business has made use of any myTaste reviews for promotional
purposes.
As a Business Owner, you -
-
represent and warrant that you have the right, authority, and
capacity to claim the business's page;
- acknowledge that the Content on the myTaste site about the business
is not generated, endorsed, approved or controlled by myTaste, and that
Content is not necessarily reviewed by myTaste prior to posting and
does not necessarily reflect the opinions myTaste, nor does myTaste
have the obligation to remove any Content posted about the business;
- indemnify myTaste from and against all damages, costs, actions,
claims, liabilities and demands resulting from Content posted by Users
of the myTaste site, including content of a defamatory or slanderous
nature towards you or anyone else in respect of any loss of reputation,
loss of profits or potential profits;
- indemnify myTaste from and against all damages, costs, actions,
claims, liabilities and demands resulting from the use of the site
including change or failure of IT systems;
Business Owners may apply to myTaste for the full contact details of
any person has reviewed their business by emailing info@mytaste.com.au
7. Communication with other members
If you enter into correspondence or engage in commercial transactions
with third parties in connection with your use of the myTaste Site,
such activity is solely between you and the applicable third party.
myTaste shall have no liability, obligation or responsibility for any
such activity. You hereby release myTaste from all claims arising from
such activity.
8. Consent to Forward Your Personal Details
myTaste may provide the full contact details to any business that you have reviewed.
9. Links to Third Parties Sites
The myTaste Site may provide links to other sites or other businesses.
This does not constitute any endorsement by us to those third parties
products or services.
10. Miscellaneous.
If there is any dispute involving the myTaste Site, you agree that
1.
If the dispute is between a Business and a User that has posted Content
about the Business, then myTaste will be excluded from involvement due
to the Indemnity and Content Control Clauses of these Terms of Service.
2. Before you commence litigation you will attend mediation at the
Australian Commercial Disputes Centre ("ACDC") to have the dispute
resolved by mediation in accordance with the ACDC Mediation Guidelines
which are deemed to form part of this Agreement;
3. Any disputes will
be governed by the laws of the State of New South Wales,
Australia.