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VENUE GUIDE TERMS OF USE

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.

1.
Terms and Conditions
 
1.1
Acceptance of terms and conditions
 
Access to the Lunch Works services and website is subject to, and regulated by, these terms and conditions. By registering a venue listing, 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 register your venue listing.
 
1.2
Amendment of terms and conditions
 
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 29th January 2008.
 
1.3
Terminology
 
In these terms and conditions, the following expressions have the following meanings:
 
"member/s" 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;
"services" means any one or more of the services offered by Lunch Works from time to time, including a forum, noticeboards, 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 venue;
"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 listing” means the screen within the Lunch Works website dedicated to displaying the information about the venue obtained from the “Preferred Venue Application Form”;
“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.

Your Sole Responsibilities and Liabilities
 
2.1
You are solely and legally responsible for:
a.
the content and legality of all information contained in your venue listing;
b.
the content and legality of any material, including photos and messages you post or enter on the website;
c.
 
d.
 
 
 
 
e.
compliance with all applicable laws at all times when using the services and/or the website, or in circumstances arising out of your use of the services and/or the website;
maintaining the confidentiality of your password and username, and are responsible for all content posted to your venue listing that occurred under them. We do not have the means to check the identity of people using the administration area of the venue guide. We will not be liable where your password or username are used by someone else, or any other breach of security takes place in respect of which you become, or ought reasonably have become aware;
notifying us immediately of any unauthorised use of your password or any other breach of security of which you become aware.
 
2.2

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 assist Lunch Works when and where required, by providing known information about a particular event that is subject to court and/or legal proceedings. 
 
3.
Your duties when registering a venue listing
 
3.1
You are obliged to provide complete and accurate information when registering your venue listing. You can update your listing at your own discretion 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.
 
3.2
You agree to observe all applicable laws in listing your venue and in your dealings with Lunch Works members.
 
3.3
You are responsible for keeping your password secret and secure. Without limiting the foregoing, you agree not to permit any other person to use your username and password, and you also agree not to disclose or provide to any other person, your username and password.
 
3.4
You will not attempt to damage, disrupt or harm the website or the services. 
 

4.

Disclaimer
 
 
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:
 
  • are not responsible for any incorrect or inaccurate content posted or transmitted on the site or sent via any emails; 
  • 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;  
  • are not responsible for any error, omission, interruption, deletion or delay in the operation or transmission of the services provided by Lunch Works; 
  • are not responsible for any failure of communications lines or congestion of the Internet;  
  • are not responsible for the theft or destruction or unauthorised access to, or alteration of user and/or member communications; 
  • 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; 
  • provide the site on an ‘AS-IS’ basis and expressly disclaims any warranty of fitness for a particular purpose; 
  • cannot guarantee and does not promise or warrant any specific results from the use of the site and the Venues; 
  • 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. 
5.
Indemnity
 
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.
e. 
 
any death, personal injury or damage to property you may cause;
any acts, omissions or statements occasioning loss, damage or injury to the Venues, their employees, agents, contractors, patrons and general members of the public;
f.
your breach of these terms and conditions or any applicable laws.
 
 
6
General Provisions
 
6.1
System integrity
 
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.
 
6.2
Exclusion of Liability for Matters Beyond our Control / Force Majeure
 
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.
 
6.3
Governing Law
 
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.
 
6.4
Intellectual Property Rights
 
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 
 
Lunch Works and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please e-mail Lunch Works immediately at preferredvenues@lunchworks.com.au
 
6.5
Entire agreement
 
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.
 
 
7.0
 
 
 
 
Contact Us: Feedback or Complaints
If you have any feedback or queries in connection with our Terms Of Use, please use our Contact Us facility and select "Venue Terms Of Use" as the request type.