Terms and Conditions
Please contact Sorbellos Italian Restaurant if you have any particular questions via email@example.com.
Please contact Sorbellos Italian Restaurant if you have any particular questions via firstname.lastname@example.org.
“Application” means access to Sorbellos Italian Restaurant’s customer driven ordering software via the Platform on any Device (as may be changed or updated from time to time by Sorbellos Italian Restaurant).
“Device” means any type of device including a computer, mobile phone, tablet or console.
“Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
“Invited User” means any person or entity, other than the Subscriber, that uses (whether as a registered or unregistered user) or accesses the Application or the Platform with the authorisation of the Subscriber from time to time. “Moral Rights” has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
“Merchant” means any participating merchant from which goods and/or services may be purchased via the Application.
“Our” means Sorbellos Italian Restaurant.
“Sorbellos Italian Restaurant” means Sorbellos Italian Restaurant of email@example.com.
“Platform” means the internet site at the domain www.sorbellos.com.au or any other website, mobile site or application operated by Sorbellos Italian Restaurant via which the Application is accessed or used on any Device.
“Subscriber” means any person, and where the context permits, includes any entity on whose behalf that person who uses (whether as a registered or unregistered user) or accesses the Application via the Platform on any Device.
- You must ensure that all usernames and passwords required to access the Application are kept secure and confidential. You must immediately notify Sorbellos Italian Restaurant of any unauthorised use of Your passwords or any other breach of security and You must reset Your password and You must take all other actions that Sorbellos Italian Restaurant reasonably deems necessary to maintain or enhance the security of Sorbellos Italian Restaurant’s computing systems and networks and Your access to the Application.
- You will be responsible for providing your own Device and other access facilities (including terminal, software, internet access, modem and telecommunications facilities) necessary for utilising the Application. You must ensure that the Device on which the Application is used is in good, up to date working order and operating condition. Sorbellos Italian Restaurant accepts no responsibility for any deficiency relating to Your Device and other access facilities. Additionally, You acknowledge and agree that You will be solely liable for any fees or other charges incurred by You in connection with using or accessing the Application or the Platform, including but not limited to software, hardware, equipment and internet usage charges.
- You understand that by using or accessing the Application or Platform, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use or access the Application and the Platform at Your sole risk and that Sorbellos Italian Restaurant shall not have any liability to You for any content that may be found to be offensive, indecent, or objectionable.
- USAGE LIMITATIONS Use of the Application may be subject to limitations. Any such limitations will be advised.
- INDEMNITY AND ACKNOWLEDGEMENT
- (c) You shall take all reasonable steps to ensure that your employees agents, subcontractors or related entities, do not make public or disclose Sorbellos Italian Restaurant’s Confidential Information. If you become aware that any of your employees, agents, sub-contractors or related entities passes on any Confidential Information to any other party, then you shall notify Sorbellos Italian Restaurant in writing immediately.
- The provisions of this clause shall not apply to any information which: 1. Is or becomes public knowledge other than by a breach of this clause;
- Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- Is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
- Is independently developed without access to the Confidential Information.
- Title to, and all Intellectual Property Rights in the Application, the Platform and any documentation relating to the Application or the Platform remain the sole property of Sorbellos Italian Restaurant (or its licensors).
- Nothing transfers to you ownership of the Application or the Platform or Sorbellos Italian Restaurant’s Intellectual Property Rights in relation to the Application or the Platform.
- You acknowledge that Sorbellos Italian Restaurant owns all the Intellectual Property Rights in the Application and the Platform.
- Sorbellos Italian Restaurant retains full legal rights in and title to the Application and the Platform whether in its original form or as modified by you or Sorbellos Italian Restaurant.
- You will not directly or indirectly do anything that would or might invalidate or put in dispute Sorbellos Italian Restaurant’s title in the Application or the Platform.
- If any person makes any claim alleging that any of the Application or the Platform infringes any Intellectual Property Rights or Moral Rights of any person, You must: 1. Promptly notify Sorbellos Italian Restaurant in writing;
- Not make any admissions or take any action in relation to the claim without Sorbellos Italian Restaurant’s written consent;
- Permit Sorbellos Italian Restaurant control over any and all investigations, negotiations, settlement and dispute resolution proceedings relating to the claim; and
- Cooperate with, assist and act at all times in accordance with the reasonable instructions of Sorbellos Italian Restaurant, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.
- You must not:
- INTELLECTUAL PROPERTY
- Permit any person to link to any page containing any part of the Application (including via a hyperlink or RSS feed) without Sorbellos Italian Restaurant’s prior written consent;
- De-compile, disassemble or otherwise reverse engineer the Application or Platform or permit any third party to do so; or
- Modify or remove any copyright or proprietary notices on the Application or the Platform.
- You, to the extent permissible by law, indemnify Sorbellos Italian Restaurant against all costs and liability incurred as a result of its possession, processing, use or other handling of the Data or related data, documentation or records.
- You agree that Sorbellos Italian Restaurant may collect and use the Data and other technical and related information, including but not limited to information about Your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. Sorbellos Italian Restaurant may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- Sorbellos Italian Restaurant and its licensors reserve the right to change, suspend, remove, or disable access to any Application at any time without notice. In no event will Sorbellos Italian Restaurant be liable for the removal of or disabling of access to any such Application. Sorbellos Italian Restaurant may also impose limits on the use of or access to the Application or the Platform in any case and without any notice or liability.
- BACKUP OF DATA You must maintain copies of all Data inputted into the Application. Sorbellos Italian Restaurant adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be any loss of Data. Sorbellos Italian Restaurant expressly excludes liability for any loss of the Data no matter how caused.
- THIRD PARTY APPLICATIONS AND YOUR DATA If You enable third party applications for use in conjunction with the Application, You acknowledge that Sorbellos Italian Restaurant may allow the providers of those third party applications to access Your Data as required for the interoperation of such third party applications with the Application. Sorbellos Italian Restaurant shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third party application providers.
- You acknowledge that: 1. You are authorised to use and access the Application and the Platform and to access the information and Data that you input into the Platform, including any information or Data input into the Application or Platform by any person you have authorised to use the Application. You are also authorised to access the processed information and Data that is made available to You through Your use of the Platform and the Application (whether that information and Data is Your own or that of anyone else); and
- If You use the Application or access the Platform on behalf of or for the benefit of anyone other than Yourself (whether a body corporate or otherwise) You agree that: 1. You are responsible for ensuring that You have the right to do so;
- You are responsible for authorising any person who is given access to information or Data, and You agree that Sorbellos Italian Restaurant has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
- You will indemnify Sorbellos Italian Restaurant against any claims or loss relating to:
- The provision of, access to, and use of, the Application and Platform is on an “as is” basis and at Your own risk;
- Sorbellos Italian Restaurant does not warrant that the use of the Application or Platform will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Application and Platform, including public telephone services, computer networks, the Internet and any Device, can be unpredictable and may from time to time interfere with or prevent access to the Application. Sorbellos Italian Restaurant is not in any way responsible for any such interference or prevention of Your use of or access to the Application;
- It is Your sole responsibility to determine that the Application and the Platform meets Your personal needs and requirements and are suitable for the purposes for which they are used;
- You remain solely responsible for complying with laws applicable to You; and
- Sorbellos Italian Restaurant’s making available information or Data to any person with Your authorisation;
iii. The provision of, access to, and use of, the Application and Platform is on an “as is” basis and at Your own risk; and
- It is your responsibility to check that storage of and access to Your Data via the Application and the Platform will comply with laws applicable to you (including any laws requiring You to retain records).
- To the maximum extent permitted by law: 1. Sorbellos Italian Restaurant excludes all warranties and representations as to the correctness, accuracy, adequacy, completeness, currency, reliability, timeliness or usefulness of any information or other content posted on the Application or the Platform;
- Sorbellos Italian Restaurant does not guarantee that the Application, the Platform, or the server supporting the Platform, are free from defects, viruses or other harmful components, or will be uninterrupted or error free; and
- Neither Sorbellos Italian Restaurant, nor Our directors, officers, employees, contractors or agents, will be liable for any direct, indirect, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise), arising in connection with Your use of, or inability to use, the Platform or the Application, or reliance upon any of the content or other information posted on the Application or the Platform.
- Save for any terms, conditions, guarantees, warranties, indemnities or other rights which may arise under the Australian Consumer Law or other legislation and which cannot be excluded: all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded; to the extent legally possible any liability that Sorbellos Italian Restaurant may have to the Customer in relation to the Application which cannot be excluded shall be limited to, at Our discretion, either the supplying of the Application again; or the payment of the cost of having the Application supplied again and Sorbellos Italian Restaurant shall not be liable for any injury loss expense or damages of any kind whatsoever or however arising whether directly, indirectly, consequently or contingently to any person or property and without limiting the generality of the foregoing, Sorbellos Italian Restaurant shall not be liable for any losses, expenses or damages caused by delays or any other reasons or additional expenses incurred by the Customer including losses of prospective profits or actual profits incurred by the Customer.
- Any Data submitted by You;
- Any breach or inaccuracy in any of Your representations or warranties; or
- Your use or access of the Application or the Platform.
- IMPLIED TERMS
- LIABILITY OF Sorbellos Italian Restaurant
- To the maximum extent permitted by law, Sorbellos Italian Restaurant accepts no liability for the loss of Data where such loss is wholly or partly caused by factors beyond Sorbellos Italian Restaurant’s reasonable control including, but not limited to, failure or fault in the hosted environment of the Application, defective network or internet connections, defective equipment utilised by You or incorrect operation by You of Your own Device or other access facilities.
- You acknowledge and agree that the fact that the Application cannot be tested in every possible combination, operating condition or application, and it is not within Sorbellos Italian Restaurant’s control how and for what purpose the Application is used by You.
- That Sorbellos Italian Restaurant is neither an agent nor otherwise associated with any Merchant;
- You must resolve all disputes directly with the Merchant;
- Merchants are solely responsible for their interactions with You and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by You, in connection with Your interaction with or provision of goods and/or services to You by any Merchant; and
- To the maximum extent permitted by law, you release Sorbellos Italian Restaurant from any and all such Claims.
- ACKNOWLEDGEMENT AND RELEASE You acknowledge and agree that:
- APPLICATION AVAILABILITY Whilst Sorbellos Italian Restaurant intends that the Application should be available 24 hours a day, seven days a week, it is possible that on occasions the Application or Platform may be unavailable to permit maintenance or other development activity to take place. If for any reason Sorbellos Italian Restaurant has to interrupt the Application for longer periods than Sorbellos Italian Restaurant would normally expect, Sorbellos Italian Restaurant will use reasonable endeavours to publish in advance details of such activity on the Platform. Sorbellos Italian Restaurant will not be liable to you or any other person for any unavailability of or interruptions to the use of or access to the Application or the Platform.
- ASSIGNMENT AND NOVATION You may not assign or transfer any rights to any other person without Sorbellos Italian Restaurant’s prior written consent.