Restaurant Hub Terms & Conditions
User Terms & Conditions
Restaurant Hub is brought to you by Restaurant Hub Limited (together with its related companies “we” and “us”). These terms and conditions set out below (“Terms”) apply to your use of the Restaurant Hub website and the services we provide. By using this website (including by making a booking or setting up an account), you confirm that you agree to these Terms, and to any amendments we make from time to time. Please read them carefully. If you do not accept the Terms you must immediately stop using the website and services.
We may need to update these Terms from time to time to reflect changes in law or the services that we provide. You are encouraged to regularly check these Terms for any updates. If we make any material changes that may affect you, we will try to notify you by email or by means of a notice on this site prior to the change becoming effective. If you do not agree to those changes you can terminate your Restaurant Hub account at any time.
Disclaimer and disclosure
This website has been developed in an effort to provide users with the ability to make bookings and orders at participating restaurants, and to help keep you informed about restaurant and industry news. However, in presenting you with this information and assisting with reservations, Restaurant Hub is proving a booking and sales platform only and Restaurants are alone responsible for their interactions with you.
While every effort will be made to ensure the advertisements and information contained within our websites is accurate and up to date, we make no warranty as to the accuracy, completeness, or usefulness of the information, nor do we assume any legal liability or responsibility for this.
Making a Booking or Order
We provide users with the ability to make bookings at participating restaurants by directly synchronising with the Restaurant’s table reservation system hosted on a booking platform. Once a booking has been confirmed, you will receive a booking confirmation email from the booking platform.
We may also provide users with the ability to purchase discounted dining deals or tickets to food related events, offered directly by restaurants or through third parties. Upon selecting to purchase any of these, you may be redirected to a third party’s website to confirm the purchase, where the terms and conditions of that website will apply. Booking is not always confirmed upon purchasing a deal and may need to be completed separately.
By clicking 'Complete Booking' you agree to receive email and/or text message communications from us about the booking or deal. You will also be preselected to receive other advertising and promotional materials we believe may interest you. You can opt out of receiving these communications by de-selecting the communications tick-box or at any later time by following the unsubscribe process.
Restaurant Hub is committed to providing superior quality services to users and to the restaurants we work with. To assist us in maintaining a consistently high level of service, users must cancel any reservations that they will be unable to honor at least 120 minutes in advance of the reservation. You may cancel your reservation via the automated email/mobile ‘Confirmation’ communication sent at the time of booking or by calling the restaurant directly.
The restaurant you book with may have the right under its cancellation policy to make a charge to your debit or credit card in compliance with that policy. Restaurant Hub will not have any liability for any charges made to the debit or credit card account due to any failure to cancel your reservation in accordance with a restaurant’s cancellation policy.
If you fail to honor your reservation (and you did not cancel at least 120 minutes in advance) the restaurant via Restaurant Hub will send you an email letting you know that our records indicate you were a “no-show” for your reservation. If you receive a “no-show” notification email in error, please click here for information on how to dispute it. Your Restaurant Hub account will be terminated if you are a “no-show” for four reservations within a 12-month period. Users agree that all final “no-show” determinations will be made by the restaurant acting at its discretion.
If you wish to create a booking history, favourites list or rate a restaurant you will need to register an account with us and provide the information we require.
If you wish to create a booking history, favourites list or rate a restaurant you will need to register an account with us and provide the information we require.
It is your responsibility to keep your login information and your password safe and secure. We suggest you choose a strong password and keep that confidential at all times. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify us as soon as possible. You must also change your password immediately. You agree to indemnify Restaurant Hub against any and all liability we suffer arising out of your failure to maintain the confidentiality of your username and password.
You confirm that the information you provided to us on registering as a registered user was at the time you provided it current, complete and accurate, and you agree to maintain and update the information as required to keep it so.
You will own all the content and information that you submit to your account. You are granting Restaurant Hub and our affiliates a non-exclusive, worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide, without any further compensation to you or others.
You can end this right by deleting content from your account, or by closing your account, except where (a) you shared it with others and they used, copied, or stored it, (b) we shared it with others and they used, copied, or stored and (c) we are required to retain such content as part of our client records, as required by law and/or as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
You agree you will only provide content or information that is truthful, complies with the law and does not infringe anyone’s rights (including intellectual property rights).
If you use any communication tools available through the Restaurant Hub website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Restaurant Hub website, including (without limitation) offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Restaurant Hub website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Restaurant Hub website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Restaurant Hub website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: email@example.com.
Restaurant Hub Dining Rewards
Users may be able to participate in Restaurant Hub’s user rewards program. Participation is subject to the Restaurant Hub Dining Rewards Terms and Conditions.
If you participate in the user rewards program, you agree to only book reservations through Restaurant Hub that you intend to honor, and that you will arrive at the restaurants on time, and order and pay for meals for each reservation. You will not to book more than one reservation for your personal use during any one meal time (e.g., lunch, dinner, etc.). Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your reservations or termination of your access to the services.
The Payment Services allow users to pay bills at participating restaurants through the Paymark Application. In order to use the Payment Services at a participating Restaurant, you must: (1) install the Paymark Application on a compatible mobile device; (2) make a reservation for the Restaurant through Restaurant Hub; (3) provide valid payment method information through or to the Restaurant Hub Application as further described below; (4) provide and verify your mobile phone number as further described below; and (5) have an Account in good standing. The Payment Services may not be available for all Restaurants; for a list of participating Restaurants, please visit the Restaurant Hub Site or Paymark.co.nz,or Stripe.com. There is no fee to you to use the Payment Services, but your mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and Paymark Application.
Mobile Payment Method Information
To confirm that the payment method information you have provided through or to the Paymark Application is accurate, we may place a temporary authorization on your payment method at the time you provide your payment method information through or to the Paymark Application or when you make a reservation and opt in to use the Payment Services. After we verify that your payment method information is accurate, usually within a few days, the authorization will be removed.
By providing debit or credit card account information through or to the Paymark Application, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorise a payment using a debit or credit card account via the Paymark Application, you represent, warrant, and covenant that there is sufficient funds or credit available to complete a payment using the debit or credit card account.
Verified Mobile Phone Number. In order to use the Payment Services, you must provide a valid mobile phone number through the Paymark Application and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in the Paymark Application. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages relating to the Payment Services at that number.
Account Settings. You may establish certain default settings for your use of the Payment Services through the Paymark Application, such as your preferred payment card account if you provided debit or credit card information directly through the Paymark Application. You may change these settings through the Paymark Application.
Mobile Payment Authorization and Settlement. After you place an order at a participating Restaurant, you may indicate through the Paymark Application that you intend to pay your Restaurant bill using the Payment Services. You may review your bill and select the gratuity from certain options through the Paymark Application; provided, however, in lieu of the gratuity you set, a minimum gratuity may be added in accordance with the restaurant’s gratuity policies. When you indicate through the Paymark Application that you intend to pay your Restaurant bill using the Payment Services, you authorize the Restaurant to charge your debit or credit card for the full amount of your final bill, which may include among other things a gratuity based on your selection or minimum gratuity, if any, charged by the restaurant, any applicable taxes, surcharges or fees and may include adjustments for any errors or omissions. You may only use the Payment Services to pay the full amount of the bill; no split checks or partial payments are permitted. This Agreement does not alter your payment obligations to Restaurants; you are responsible for timely payment of all amounts owed by you to any Restaurant. Depending on your payment method, you may be subject to certain minimum charges. Except to the extent otherwise required by applicable law, Restaurant Hub is not responsible or liable for any payments authorised through the Paymark Application using your payment method information.
To the extent permitted by law, we (and our officers, employees, agents, service providers, related companies and other bodies corporate) exclude all liability (including in contract, for negligence or otherwise) for any loss, damage (whether direct, indirect or consequential and including loss of data, opportunities, reputation or profits), costs or expenses suffered by you or in respect of claims made against you, however caused, in connection with:
- your use of our website (and its materials and services) or any other website that you access via the Restaurant Hub website;
- any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to our website or any other website that you access via the Restaurant Hub website;
- any fraudulent or unauthorised use of your Restaurant Hub account; and
-your use of any products, goods or services supplied or offered on the website or communicated to you by any one or by any restaurant available on the Restaurant Hub website.
These Terms must be read subject to our obligations to you to guarantee the quality and fitness for purpose of our services under consumer protection laws like the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these Terms overrides or restricts those obligations. However, we emphasize that we do not provide those guarantees in relation to products or services supplied to you by any advertiser.
Changes to our website
We may change or discontinue any of the services we provide through the website at any time. We are not obligated to store or display any information, articles or content on our website and can remove it in our sole discretion, with or without notice to you.
Linked Sites and Apps
If you allow a third party app or site to authenticate you or connect with your Restaurant Hub profile, that app or site can access your information on Restaurant Hub. Third party apps and sites have their own legal terms and privacy policies and you should check these before proceeding.
The Restaurant Hub website may also contain links to external sites. Those sites, together with any third party app or sites you use to connect with Restaurant Hub, are not under Restaurant Hub's control. No link appearing on the website and no external sites linked to the website are endorsed by Restaurant Hub and no responsibility is taken for material in them. You are responsible for deciding if you want to access or use these and you agree that by accessing such third party apps or sites you are doing so at your own risk and you agree to fully indemnify Restaurant Hub against any liability arising out of your accessing any linked site.
Third Party Content
Articles, reports or content on the website provided by a named third party express their views, and do not necessarily reflect the views of Restaurant Hub.
You acknowledge that all content on the website is our exclusive property or is used with the express permission of the copyright and/or trademark owner. No content featured here may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
'Restaurant Hub' is our trade mark. All rights in this trade mark are expressly reserved. Unless otherwise indicated, all other trademarks appearing on the website are the property of their respective owners and may not be used by you without obtaining the owners’ express permission.
By providing feedback to us regarding our website, you agree we can (but do not have to) use and share such feedback for any purpose without compensation to you.
You acknowledge that your use of the website and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, Restaurant Hub and its service providers do not make any warranty that the website or services will be error free, without interruption or delay or free from defects in design or engineering.
Using the website
You agree that when using the website, you will not
1.) Develop, support or use software or any other means to scrape the website or otherwise copy data from the website;
2.) Bypass or circumvent any access controls or use limits;
3.) Copy, distribute or use any information obtained from the website without our consent;
4.) Violate the intellectual property rights or other right of Restaurant Hub or any others;
5.) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the website or any related technology;
6.) Access the website except through the interfaces expressly provided by Restaurant Hub;
7.) Use the website for tasks that it is not intended for;
8.) Override any security feature of the website; and/or
9.) Interfere with the operation of, or place an unreasonable load on, the website.
If you make contact with a person or company through the website and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the website without the prior consent of that person.
To the maximum extent permitted by law, you specifically agree to indemnify and hold Restaurant Hub and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities we suffer relating to your use of the website, the services Restaurant Hub provides or their use by any person on your behalf, or your failure to comply with these terms and conditions.
Upon termination of your account you will be restricted from accessing any member restricted area of the website and submitting any material to us. Any material or information previously submitted by you or other information held by us in relation to your use of the website or services may be deleted and if this occurs it cannot be returned to you.
If any dispute arises between you and us, we both agree in good faith to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any formal legal action.
Please note that any dispute which arises in relation to any product or service you access or are introduced to via Restaurant Hub must be resolved between you and the relevant Advertiser. You agree that Restaurant Hub has no responsibility for the quality, suitability or any other aspect of any product or service that is advertised on this website and you will not involve us in any dispute or in the resolution of disputes that arise between you and an Advertiser.
The illegality, invalidity or unenforceability of any part of the Terms will not affect the legality, validity or enforceability of the remainder.
These Terms are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms.