Lunch Works Pty Ltd ACN 113 496 585 trading as Lunch Works, is a company registered under Australian law and operates from Fremantle, Western Australia.

 

Lunch Works was launched as an on-line dating service and venue guide in 2007, offering what it believes to be a safer and more secure avenue for singles seeking other singles for friendships, companionship, and/or relationships. Our terms and conditions, together with our Privacy Policy, are directed at ensuring that we maintain a safe, secure and privacy-sensitive website for everyone.

 

 

Access to the Lunch Works services and website is subject to, and regulated by, these terms and conditions. By registering a profile and becoming a member, you confirm your agreement to these terms and conditions, as amended by us from time to time. If you do not accept these terms and conditions, you must not use the services.

 

From time to time as required, these terms and conditions may be amended in whole or in part by Lunch Works. Amendments will be effective immediately upon posting of the amended terms and conditions on this website and you will be notified that changes have been made on your next visit to the site. You are responsible for ensuring that you are familiar with the current terms and conditions.

 

            These terms and conditions were last updated on 15th March 2007.

 

In these terms and conditions, the following expressions have the following meanings:

 

“Complete Member” means the membership category referred to at clause 5.1b(ii) hereof by which, upon payment of a subscription fee, access is provided to functionalities additional to our Standard Membership, such as messaging and initiating instant chat;

 

“Standard Member” means the membership category referred to at clause 5.1b(i) hereof by which access is provided to many services on the website free of charge;

 

"member" means any individual person who has posted a profile of themselves with Lunch Works;

 

"Lunch Works", "we", "us", and "our" are references to Lunch Works Pty Ltd ACN 113 496 585;

 

“Picture Verification” means the process of verification of a member’s photograph in support of a member’s profile;

 

"profile" means the profile you submit to Lunch Works, including any changes made after initial registration;

 

"services" means any one or more of the services offered by Lunch Works from time to time, including a forum, notice boards, referral to Venues, and any other service that Lunch Works may offer (including in conjunction with the Venues);

 

            "you" and "your" are references to you the member;

 

"Venues" means those various venues listed from time to time within the Lunch Works Venue Guide and website, as suggested places where members may choose to meet;

 

“Venue Guide” means the Lunch Works on-line list of Australia-wide Venues where members may choose to meet;

 

"website" means any Lunch Works website through which the services are offered, including (without limitation) www.lunchworks.com.au

 

 

 

 

2.2       While Lunch Works will use its best endeavours to monitor profiles and photos, without limiting any other remedies available to us, we reserve the right at any time to suspend or remove you, your profile and any content you submit to the website at our sole discretion. If we do remove your profile or any content you submit, we will not be liable to you in any way.

 

 

 

 

3.2       You make contact with other members entirely at your own risk, and you are legally responsible for your own actions. You agree that Lunch Works has no responsibility or liability for any actions taken by you or other members, including and without limitation, members that have registered under false pretences or who attempt to defraud or harm you. Lunch Works is not responsible for ensuring members comply with these terms and conditions.

 

3.3       You must not communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or does not wish to continue communicating with you.

 

3.4       Lunch Works may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members, and will do so if required by law or if we believe a member has breached our terms and conditions. You agree to us providing such assistance, including the release of any relevant information we may hold about you.

 

3.5       Members may misrepresent their identity or attributes. Although we employ technology and staff to protect members, such as our Picture Verification facility, Lunch Works is unable to confirm the true identity of any member on this website. You must therefore be careful when dealing with other members. As an Internet-based service, there are risks of members misrepresenting themselves or presenting themselves under false pretences. This includes misrepresentations about age, gender, marital status or any other attribute which we ask the member to provide.

           

It is also possible that members from other countries will access this service. It may not be legally possible for Lunch Works to enforce these terms and conditions against such members.

 

3.6       Without limiting any right that we may have, we may, at our sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted to the website, or suspend or cancel your membership if we believe that content entered creates, or may create, liability for Lunch Works or its Venues, or if we believe the information to be inappropriate, or if we believe you have breached these terms and conditions. We are not liable to you if we exercise any of these rights, including cancellation of any type of membership.

 

3.7       Lunch Works reserves the right to decline to register or to suspend or to terminate your membership without notice to you. Without limiting the foregoing, Lunch Works may terminate your membership if:

 

a.  a serious complaint or multiple complaints are received about you from other members;

           

            b.  you breach these terms and conditions;

           

            c.  you are misrepresenting yourself; or

           

            d.  in our absolute discretion, we consider your behaviour to be unacceptable.

 

Members who are found to have registered under one or more aliases will have all of them removed from the site.

 

 

 

4.1       You are obliged to provide complete and accurate personal information when registering to use the service, including your first name and surname. You can update your personal information as supplied to us from time to time to keep it true, accurate and complete at all times. Lunch Works reserves the right to contact you from time to time to verify your details.

 

4.2       You agree to observe all applicable laws when using the services and dealing with other members.

 

4.3       You are responsible for keeping your password secret and secure. Without limiting the foregoing, you agree:

 

            a.  not to permit any other person to use your username and password; and

           

            b.  not to disclose, or provide to any other person, your username and password.

 

4.4       You will not attempt to damage, disrupt or harm the website or the services.

 

4.5       You will not use the website for commercial purposes or for the promotion of any business.

 

4.6       You will only interface with this website manually and through a web browser. You are not permitted to programmatically or otherwise automatically interface with this website. This includes "spidering" or interfacing for the purposes of harvesting information from this website.

 

4.7       You will not enter obscene, abusive, defamatory, threatening, harassing, illegal or objectionable material on the website. This includes messages, images, and information in your profile or any other form of information that can be entered on the website (including communications with other members). Lunch Works will be the sole arbitrator of what is considered a breach of this obligation. Lunch Works reserves the right to refer such material to the relevant authorities to consider prosecution, or to assist other members in the prosecution of members.

 

4.8       Member accounts are not transferable.

 

4.9       You must not use your Lunch Works profile, our messaging system, instant chat, or forum for the discussion of competing services or any illegal or unlawful activity, including but not limited to the disclosure of other members personal information.

 

4.10     You must not use your Lunch Works profile or the forum to disclose any personally identifiable information about you.

 

 

 

5.1       a.   Upon registration as a member you will select a unique username and  password that you will use to access your member account and profile, and to access the member functionalities;

           

            b. There are 2 categories of membership you can choose:

 

               (i)      Standard Membership:

As a standard member you can take advantage of many services on the website free of charge, such as the ice breaker facility and access to the forum. However, to access other areas of the website you must pay a subscription fee in order to become a complete member; and 

             

               (ii)     Complete Membership:

By payment of a subscription fee you are eligible to access functionalities additional to those provided to standard members, such as messaging and initiating instant chat;

 

            c.   Membership fees can be paid in Australian dollars;

 

d.   The fees specified on the website are payable in advance and are not refundable in any circumstances;

 

e.   In the event you are removed from our website for breach of our terms and conditions, or for any other reason, your remaining subscription will be forfeited and is not refundable.

 

5.2       The fees specified on the website include all applicable taxes, including sales tax and consumption taxes such as goods and services tax (GST).

 

5.3       Lunch Works reserves the right to change the fees charged or introduce fees for any of the services at any time. If we introduce new services, the fees are effective at the launch of the service, unless otherwise stated.

 

 

 

Lunch Works disclaims all liability to the fullest extent of the law in relation to services provided by Lunch Works and the Venues. In particular, users and members of Lunch Works and the Venues agree that Lunch Works, including its subsidiaries, affiliates, officers, agents and other partners and employees:

 

a.   are not responsible for any incorrect or inaccurate content posted or transmitted on the site or sent via any emails;

 

b.   are not responsible for any failure of the Lunch Works or Venues’ service, whether caused by users, members or by any of the equipment or programming associated with or utilised by Lunch Works;

 

c.   are not responsible for any error, omission, interruption, deletion or delay in the operation or transmission of the services provided by Lunch Works;

 

d.   are not responsible for any failure of communications lines or congestion of the Internet;

 

e.   are not responsible for the theft or destruction or unauthorised access to, or alteration of user and/or member communications;

 

f.    are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers of computer equipment or software, on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof;

 

g.   provide the site on an ‘AS-IS’ basis and expressly disclaims any warranty of fitness for a particular purpose;

 

h.   cannot guarantee and does not promise or warrant any specific results from the use of the site and the Venues; and

 

i.    are not responsible for the content of advertisements appearing on the website (including hyperlinks to advertisers' own web-sites), and responsibility rests solely with the advertisers. The placement of such advertisements on the website does not constitute Lunch Works’ recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

 

 

 

7.1       Whilst Lunch Works will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the website will be available uninterrupted and in a fully operating condition nor that the information on and provided via the website will be free from errors or omissions.

 

7.2       Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond our control.

 

7.3       Save that nothing in this paragraph 7 shall restrict your statutory rights (including your right to receive a reasonable standard of service), all content and services on this website are provided on an 'as is' and 'as available' basis. Lunch Works does not make any representation or give any warranty in respect of the website or its content, including, without limitation information provided by or regarding other members. We can not vet all member profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by you on the basis of information provided on or via the Site is at your sole discretion and risk.

 

7.4       Due to the fact that many technical aspects of the website and the content provided herein is supplied by or otherwise dependent on third parties, Lunch Works does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this website.

 

7.5       Lunch Works will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by you or other members of the website that is in contravention of these Terms and Conditions or is not directly attributable to our negligence.  Any decision made or action taken by you on the basis of information provided on or via the site is at your sole discretion and risk.

 

 

You agree to indemnify and hold Lunch Works, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand (including the full amount of legal fees incurred by Lunch Works on a solicitor/client indemnity basis) made by you or any third party due to or arising in respect of or in connection with:

 

            a.   information contained in your profile;

           

b.   any material, including (without limitation) photos and messages you post or enter on the website;

           

c.   your communications with or behaviour towards other members and the Venues;

           

            d.   any death, personal injury or damage to property you may cause;

           

e.   any acts or omissions or statements occasioning loss, damage or injury to the Venues, their employees, agents, contractors, patrons and general members of the public; or

           

            f.    your breach of these terms and conditions or any applicable laws.

 

 

 

Subject to any downtime required for maintenance and upgrades, Lunch Works will use its best and reasonable endeavours to ensure the availability of the website and services. However, Lunch Works assumes no responsibility for the corruption or any data or information held by Lunch Works. Further, Lunch Works takes no responsibility for any system unavailability, or for any loss that is incurred as a result of website or services being unavailable.

 

As Lunch Works is not a party to any dispute between you, another member or a Venue, you agree:

 

a.   not to involve, or attempt to involve, Lunch Works in any dispute or in the resolution of disputes that arise between you and another member or a Venue as a result of the services provided by Lunch Works or a Venue; and

 

b.   not to use the services or website to engage in or attempt to resolve the dispute with either another Member or a Venue.

 

 

While Lunch Works provides a forum for use by members, the forum may not be used to promote illegal or unlawful activity, nor for the promotion of any commercial business or website. Lunch Works is not responsible for any of the opinions or other information expressed in the forum. By posting or replying to a topic within the forum, you take full legal responsibility and liability for your comments, including for offensive or defamatory statements relating to either the services, other members, staff or patrons of the Venues, or any other persons or corporations, and you indemnify Lunch Works for any liability it may incur in relation to your comments.

 

Lunch Works has no liability for any lack of performance, unavailability or failure of the services of Lunch Works or the Venues, the website, or for any failure of Lunch Works to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Lunch Works including a force majeure event.

 

A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Lunch Works, the Venues or their suppliers..

 

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

 

If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

 

These terms and conditions and your membership are governed by the laws of Western Australia and Australia. You submit to the non-exclusive jurisdiction of the Courts of Western Australia.

 

Lunch Works (and its licensors or suppliers, as the case may be) owns all intellectual property rights and other proprietary rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website. You may not without our prior written permission, in any form or by any means:

 

a.   adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the website; or

           

b.   commercialise, copy or on-sell any information or items obtained from any part of the website.

 

Our Privacy Policy and these terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever, whether oral or written, and constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.

 

We direct you to the Lunch Works Privacy Policy. Through your use of the services and the website, Lunch Works collects personal information about you, including:

 

            a.   your registration details; and

           

b.   information relating to your use of the website and the content you post and access.

 

In assisting us to provide the Lunch Works services to you, you agree that Lunch Works may use this personal information about you for internal research purposes, to verify your identity, for promoting and marketing other Lunch Works products and services to you, for promoting and marketing the Venue products and services to you, and for any other use that you authorise.

 

Unless we have your consent, we will not sell or allow third parties to access your personal information. However, you agree Lunch Works may disclose your personal information, such as your name and contact details to the relevant authorities if we consider you are in breach of these terms and conditions at any time, or where we are required to do so by law.

 

If you have any feedback or queries in connection with our Terms & Conditions, please use our Contact Us facility and select "Questions about our Terms & Conditions" as your request type.