Restaurant Hub Terms & Conditions
Competition Terms and Conditions
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Booking Terms and Conditions
Restaurant Hub may update or revise this Agreement (including any Restaurant Hub Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services.
You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Restaurant Hub, any use of the Services (e.g., the use of the Reservation Services or the Payment Services or the purchase of a Restaurant Gift Card) is subject to the version of this Agreement in effect at the time of use.
Acceptance of Terms and Conditions
1.1 In these Terms, the following words mean:
'user' means any user of the Website.
'we', 'us' and 'our' are a reference to Restaurant Hub Ltd and our related companies as defined in the Companies Act 1993
'you' and 'your' are a reference to you.
2 Operation of Service
2.1 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. By using Restaurant Hub, you agree to receive confirmation communications related to the booking.
2.2 We may also provide users with the ability to purchase or reserve discounted dining deals offered directly by restaurants or through third parties. Upon selecting a deal, 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.
2.3 We act solely as booking and sales agents for participating restaurants. Restaurants are alone responsible for their interactions with you.
2.4 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.
2.5 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.
3. No-Show Policy.
If you are unable to keep your reservation and you fail to cancel at least 120 minutes in advance of the reservation, The Restaurant via Restaurant Hub will send you an email letting you know that our records indicate that you were a no-show. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honoured, whether or not that was, in fact, the case. Your Account will be terminated if you are a no-show for four reservations within a 12-month period. If you receive a no-show notification email in error, please click here for information on how to dispute it. User agrees that all final no-show determinations will be made by the Restaurant in its sole discretion.
4. Restaurant Hub Dining Rewards.
Will launch during 2017. Users may be able to participate in Restaurant Hub’s User rewards program (“Restaurant Hub Dining Rewards”). Participation is subject to the Restaurant Hub Dining Rewards Terms and Conditions.
Dining Rewards Usage Guidelines. User agrees to use the Reservation Services only to book reservations at Restaurants and then honor those reservations by arriving at the Restaurants on time and ordering and paying for meals. User further agrees not to book more than one reservation for User’s personal use during any one meal time (e.g., lunch, dinner, etc.). User may be able to book multiple reservations through Restaurant Hub and its booking partner network. 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.
5. General Description and Requirements.
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 the Reservation Services; (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.
6 INTELLECTUAL PROPERTY
6.1 You acknowledge that all content is our exclusive property or used with the express permission of the copyright and/or trademark owner. No content 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.
6.2 'Restaurant Hub’ is our trademark. All rights in respect of this trademark is expressly reserved. Unless otherwise indicated, all other trademarks appearing on this website are the property of their respective owners.
7 WEBSITE CONTENT AND SECURITY
7.1 You will ensure that:
(a) any use you make of theonline booking and web site is in good faith;
(b) if you register or create an account:
i) your user name and password will be kept secure and confidential and not revealed to any other person; and
ii) you will notify us immediately of any unauthorised use of your username and/or password or any other breach of your security on this website.
7.2 You will not transmit (either directly or indirectly) any content on the Website that:
(a) is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider being in any way objectionable or unsuitable;
(b) is or is reasonably likely to be unsuitable for users under the age of 18 years;
(c) infringes the intellectual property rights of any person;
(d) you know or suspect is false or misleading;
(e) contains any virus or another destructive component;
(f) is prohibited by or violates any applicable law or regulation; or
(g) otherwise, breaches the Terms.
7.3 You agree not to do any of the following (either directly or indirectly) while using the Website:
(a) hack into any part of the Website;
(b) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;
(c) breach, or encourage the breach of, any applicable law or regulation;
(d) disrupt an exchange of information between users or otherwise act in a manner that negatively affects the Website and/or any user's enjoyment or use of the Website; or
(e) engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for the Website.
8 THIRD PARTY CONTENT
8.1 We are a distributor and not publisher of third party content including reviews and menu information. Subject to clause 8.1:
(a) We do not endorse, warrant or make any representation about any third party content and you acknowledge that we have not independently verified any of the information contained in the third party content;
(b) We take no responsibility for any third party content (including any inaccuracy or omission).
8.2 We are not responsible for any communication between you and any user (including restaurants), whether such communication has occurred as a result of the use of this website.
8.3 You acknowledge that:
(a) you use and rely on third party content at your own risk;
(b) Subject to clause 8.1, we do not warrant or make any representation about any content we have provided for informational purposes;
(c) Subject to clause 8.1, any content downloaded or otherwise obtained through the website is done at your own risk and you will be solely responsible for any and all damage (including to your computer system or loss of data); and
(d) Subject to clause 8.1, we make no warranties that this website will meet your requirements or that this website will operate uninterrupted, be secure or be error-free.
9 CHANGES TO CONTENT AND TERMS
9.1 We have the right at any time and without notice to remove, amend and/or vary any of the content or cease operating this website in whole or in part.
9.2 We reserve the right to change, alter or modify these Terms at any time and will update you of this by updating the 'last updated' notice beside the link to these Terms. By continuing to access this website you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.
10.1 Restaurant Hub may include the restaurant and booking links to other websites. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on this website.
11.1 The New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.
11.2 Subject to clause 8.1, to the fullest extent permitted by law, we shall not be liable for damages of any kind arising from the use of our services, including, but not limited to loss, claim, damage, or any special, exemplary punitive, incidental or consequential damages of any kind whether based in contract, tort or otherwise. We are not an agent of nor connected with any participating restaurant in which a user has made a booking, aside from the services provided. To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from any reliance placed on any content available from this website. You bear the entire risk of the completeness, accuracy or usefulness of any content accessed on our website. Where any such liability cannot be excluded then, subject to clause 8.1, we limit our liability to $50.
If any issue does arise, you may have recourse directly against the restaurant.
11.3 You waive any claim against us in respect of or arising from any reliance by us upon any use of your username and/or password, including us disclosing information relating to your registration and/or affairs with us.
11.4 You agree to indemnify and hold us harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of:
(a) reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your account details (including your username and/or password);
(b) your failure to complete any transaction that this website may have facilitated;
(c) your breach of any of these Terms; or
(d) any conduct of yours or any transaction entered into by you that does not comply with the relevant law.
12.1 If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
13 DISPUTE RESOLUTION
13.1 Where any dispute arises between you and another user (including any restaurant) you acknowledge that we will not be a party to any such dispute.
14.1 These Terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.
15.1 We may cease operating the Website, or any part of the Website, at any time in our sole discretion.
15.2 We have the right to terminate, restrict or suspend your access to any or all of the Service if we believe that you are misusing the Service or if you are in breach of these Terms.
16 PRIVACY AND PERSONAL INFORMATION
16.1 You confirm that all information provided to us on this website is current, complete and accurate at the time you provide it. You agree to maintain and update this information to keep it so.
17.1 If you have any questions or concerns in relation to this website or these Terms, please Contact Us.
Information We Collect;
We collect information about you in various ways when you use our booking links or booking partner sites. We use this information to, among other things, provide the functionality and improve the quality of our Sites and personalise your experience. For example, we may collect your name, email address, postal address, phone number (including your mobile phone number), billing information, survey responses, demographics, primary dining city, current and prior restaurant reservation details, favorite restaurants, special restaurant requests, passwords, contact information of people you add to, or notify of, your restaurant reservations through our Sites and other information you provide on our Sites. If you use our mobile application, we may also collect your mobile device ID, your precise location data, and the restaurant search locations you select. For certain services on our Sites, credit or debit card account information may be required, as further described in the section called “Payment Card Information” below. We may also obtain information from other sources, such as third-party websites, applications, and services (each, a “Third-Party Platform”), our booking partner network through which you connect with our Sites and combine that with information we collect on our Sites.
When you click to confirm a reservation, some information is automatically collected. For example; Name, mobile number, email address. These are needed for communication purposes: Booking confirmations, cancellation confirmations
HOW WE USE INFORMATION WE COLLECT
We use personal information collected through our Sites for the purposes described in this Policy or disclosed to you on our Sites or otherwise in connection with our services. For example, we may use your information to:
• make and change your restaurant reservations made through our Sites;
• offer you, or provide you with, products and services, such as Restaurant Gift Cards and Merchant Gift Cards and the option to pay your bill at a restaurant through our Sites or via Paymark mobile payment services;
• email restaurant news, new openings, dining promotions, tickets to food events to designated recipients;
• operate and improve our products, and services;
• understand you and your preferences to enhance, personalise, and customise your experience and enjoyment using our Sites, products, and services, such as understanding your dining history to make recommendations about other restaurants you may like;
• process and deliver contest entries and rewards;
• respond to your comments and questions and provide customer service;
• send you information relating to our products and services, including reservation confirmations, receipts, technical notices, updates, security alerts, and support and administrative messages;
• communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by Restaurant Hub, our subsidiaries, and affiliate booking partners; select restaurants; and our other selected partners;
• link or combine with other personal information we get from third parties to help understand your needs and provide you with better service;
• authenticate your credit or debit card account information; and
• protect, investigate, and deter against the fraudulent, unauthorised, or illegal activity.
By providing your mobile phone number, you expressly consent to receive direct dial calls, and text messages from us relating to our product and services at that number.
HOW WE SHARE INFORMATION
Information Shared With Restaurants
When you make a restaurant reservation through our service, your information is provided to us and to the restaurants with whom you choose to reserve. In order to facilitate your reservation, your information is provided to that restaurant, just as it would if you made a reservation by calling the restaurant, emailing the restaurant, or using the restaurant’s website. If you provide a mobile phone number, restaurants may send you text messages regarding your reservation. Some restaurants also require you to provide credit or debit card account information to secure your reservation. When you make a restaurant reservation through our Sites and/or make a payment to a restaurant through our Sites, we may also share with the restaurant's additional information, such as information about your dining preferences and history or information that we collect via Third-Party Platforms. You also have the option of indicating special preferences or providing comments about your reservation that Restaurant Hub will pass on to that restaurant.
We may share with restaurants summary reports of feedback from diners. If you provide comments about a restaurant through our sites feedback or service team, these comments may be shared with that restaurant. We will not tie your comments with other information that can identify you, but a restaurant may be able to tell who you are from your comments, particularly if you give your name in the comments or provide contact information, such as an email address.
The information you choose to share with a restaurant when you make a reservation and/or pay a restaurant through our Sites may be used by the restaurant for its own purposes. Restaurant Hub does not control and is not responsible for, the privacy practices of restaurants. Please contact the restaurant directly if you want to learn about its privacy practices.
Payment Card Information
To use certain services on our Sites, such as to make reservations at certain restaurants; to make payments to certain restaurants; and to purchase Restaurant Hub Gift Cards, Merchant Gift Cards, or other products or services, we may require credit or debit card account information. By submitting your credit or debit card account information through our Sites, you expressly consent to the sharing of your information with restaurants, third-party payment processors, and other third-party service providers (including but not limited to vendors who provide fraud detection services to us and other third parties), and you further agree to the following terms.
• When you use a credit or debit card to secure a reservation through our Sites, we provide your credit or debit card account information (including card number and expiration date, but excluding the CVV number) to our third-party payment service providers and the applicable restaurant.
• If you purchase Restaurant Hub Gift Cards or Merchant Gift Cards from us, we collect the credit or debit card account information from you. We share this information with our third-party payment service providers in order to process your payments. These third parties may also store your credit or debit card information, other than your CVV number, for your future use on our Sites. Your CVV number will not be stored and must be re-entered for each order.
• For information about the security of your credit or debit card account information, see Section called “Security of Your Personal Information” below.
Information You Share Socially
Our Site may allow you to connect and share your actions, comments, content, and information publicly or with friends. Our Sites may also allow you to connect with us on, share on, and use Third-Party Platforms, including those on which Restaurant Hub has a presence.
Please be mindful of your personal privacy needs and the privacy needs of others as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. Restaurant Hub also does not control the privacy practices of Third-Party Platforms. Please contact those sites and services directly if you want to learn about their privacy practices.
Sharing with Others
We do not share your personal information with third parties other than as described above and as follows:
• We may share personal information when you authorise us to share your information with other third parties (such as the restaurants at which you make reservations through our Sites) for their own marketing purposes, which are subject to the separate privacy policies of such third parties.
• We may share personal information with affiliates, third-party vendors, consultants, and other service providers who work for us. Such third-party vendors may include vendors who provide fraud detection services to us and other third parties.
• We may share your credit or debit card account information with third parties as described in the section called “Payment Card Information” above.
• We may share aggregate statistical data for the improvement of services offered by our Sites.
• We may disclose or transfer your personal information to a third party if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.
SECURITY OF YOUR PERSONAL INFORMATION
Restaurant Hub takes reasonable steps to help protect your personal information in an effort to prevent loss, misuse, unauthorised access, disclosure, alteration, and destruction. When your credit or debit card account information is being transmitted to our Sites or through our Sites, it will be protected by encryption technology, such as Secure Sockets Layer (SSL).
To be clear, Restaurant Hub does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. Our contracts with third parties that receive your credit or debit card account information require them to keep it secure and confidential.
Nonetheless, we cannot guarantee that transmissions of your credit or debit card account information or personal information will always be secure or that unauthorised third parties will never be able to defeat the security measures taken by Restaurant Hub or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your Restaurant Hub account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions.
YOUR INFORMATION CHOICES AND CHANGES
You may opt out of receiving promotional emails from Restaurant Hub by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your Restaurant Hub account or our ongoing business relations. You may also send requests about your contact preferences or changes to your information, including requests to opt out of sharing your personal information with third parties, to our contact information below.
Cookie choices. To exercise choices regarding cookies set through our website, as well as other types of online tracking and Internet advertising
Application location choices. Most mobile devices allow you to turn off location services. For more information about how to do this, please contact your mobile service carrier or your device manufacturer. If you choose to turn off location services, this could affect certain features or services of our Sites.
CONTACTING RESTAURANT HUB
Head Office: 09 928 6079 / email@example.com
CHANGES TO THIS POLICY
Restaurant Hub may update or revise this Policy from time to time. You agree that you will review this Policy periodically. If we make any changes to this Policy, we will change the “Last Updated” date above. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Sites. If you do not agree to the terms of this Policy or any modified version of this Policy, your sole recourse is to terminate your use of our Sites.