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TERMS AND CONDITIONS

This Website is owned by Rodomontade Pty Ltd ACN 130 330 611. Your use of this Website indicates your acceptance of the following terms and conditions. If you do not accept these terms and conditions, you may not use this Website and must cancel your account immediately.

Definitions

In these terms and conditions, the following words or phrases have the following meanings:
1. Opinions means reviews and ratings of restaurants listed on the Website by users of the Website;
2. Rodomontade means Rodomontade Pty Ltd ACN 130 330 611, including its employees, agents, contractors and authorised persons and entities.
3. Third Party means any persons other than Rodomontade;
4. Third Party Content means content provided by Third Parties to Rodomontade and includes Opinions, restaurant listing details, event listing details and special offers/vouchers;
5. Website means the website services provided on www.restaurantrants.com.au, www.restaurantrants.com, www.rants.com.au and any other websites operated by Rodomontade.
6. Third Party Websites means websites other than the Website;
General conditions of use and warranties

Without limiting the application of the specific clauses listed below in these terms and conditions, by your continued use of the Website, you expressly understand and agree that:
1. Your use of the Website is at your sole risk.
2. The Website is provided on an "as is" and "as available" basis.
3. Rodomontade expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent possible by law.
4. Rodomontade makes no warranty that the Website will meet your requirements and that the Website will be uninterrupted, timely, secure, or error-free.
5. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
6. Rodomontade makes no warranties or representations regarding the accuracy or completeness of the information on the Website. It is not intended to provide any form of advice and should not be construed or relied on as such.
7. Before making any commitment of any nature, you agree that the Website includes the opinions of the Website’s users and that you will take the Opinions as such.
8. In compiling the information for the Website, Rodomontade may rely on a number of external sources. The information is provided on the basis that whilst Rodomontade believes that all the information in it is correct at the time of publication, Rodomontade does not warrant its accuracy or completeness and to the full extent allowed by the law, excludes any liability for any loss or damage sustained by you or any other parties arising from or in connection with the supply or use of the information from this Website.
9. No advice or information, whether oral or written, that you obtain from the Website shall create any warranty.
10. Rodomontade accepts no responsibility for the publishing, editing or authoring of defamatory material or material breaching copyright laws. Rodomontade will attempt to rectify the situation as soon as possible after Rodomontade is notified of such material.
11. Rodomontade may at its discretion and for any reason, edit any content that you add or create on the Website, including but not limited to, offensive language, obscenity, racial vilification, marketing material, images, photographs or any other content.
12. Rodomontade reserves the right at its sole discretion to remove any material or content from the Website without notice.
13. Rodomontade does not have the obligation to review any content submitted or posted to the Website, including Third Party Content and Opinions.
14. Rodomontade does not guarantee, warrant or endorse any product or service provided on this Website nor does Rodomontade have any liability or responsibility for the quality of any product or service sold or offered on the Website. The purchase or acceptance of any product or service on this Website is a transaction solely between you and the relevant Third Party. Any questions or disputes you may have regarding any such product or service should be addressed directly to the Third Party.
15. Rodomontade shall not be responsible or liable for any loss or damage of any sort incurred as the result of dealings or correspondence with Third Parties.
16. You agree that any Opinions that expressed are the opinions solely of the relevant user and that they do not constitute the views or opinions of Rodomontade. You agree that Rodomontade cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by the Website’s users.
17. Because user authentication on the internet is difficult, Rodomontade cannot and does not confirm that each user of the Website is who they claim to be. Because Rodomontade does not and cannot be involved in user-to-user dealings or control the behaviour of users on the Website, in the event that you have a dispute with one or more users, you release Rodomontade from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Opinions
1. You agree that all Opinions entered into by users of the Website are merely the Opinions of the person creating the review. These Opinions should not be considered to be proven fact. Rodomontade does not consider them to be accurate conclusive statements and they do not represent Rodomontade’s views.
2. Although Rodomontade expressly claims that all Opinions are not proven facts, Rodomontade does not take any responsibility for any possible defamatory remarks made by users of the Website. In the event of any grievances, concerned parties should notify Rodomontade.
3. Rodomontade is not responsible for, does not endorse and make no representations either expressly or impliedly concerning any Opinions on the Website.
4. Although Rodomontade will continually try to monitor Opinions, it does not have a practice of and is not obligated to monitor or make inquiries about such content.
5. If you post or submit an Opinion to the Website, you agree that your Opinion:
  1. is accurate;
  2. is not false, misleading or deceptive;
  3. does not violate or infringe upon the rights of any other persons or entities;
  4. does not vilify another person or entity on the basis of their race, religious, gender, age, sexual orientation or other disability;
  5. does not contravene these terms and conditions or any laws applicable in the State of Victoria, Australia; and
  6. does not injury, defame or slander any persons.
6. You rely on any Opinions completely at your own risk.
7. You agree to fully indemnify and hold harmless Rodomontade for all claims resulting from the Opinions that provided to Rodomontade, including information submitted or posted on the Website and content submitted by you.
Third Party Content
1. The Website may contain Third Party Content.
2. The views expressed in Third Party Content do not represent Rodomontade’s views.
3. Rodomontade is not responsible for, does not endorse and make no representations either expressly or impliedly concerning Third Party Content.
4. Although Rodomontade will continually try to monitor Third Party Content, it does not have a practice of and is not obligated to monitor or make inquiries about such content.
5. If you post or submit Third Party Content to the Website, you agree that the content:
  1. is accurate;
  2. is not false, misleading or deceptive;
  3. does not violate or infringe upon the rights of any other persons or entities;
  4. does not vilify another person or entity on the basis of their race, religious, gender, age, sexual orientation or other disability;
  5. does not contravene these terms and conditions or any laws applicable in the State of Victoria, Australia; and
  6. does not injure, defame or slander any persons.
6. You rely on any Third Party Content completely at your own risk.
7. You agree to fully indemnify and hold harmless Rodomontade against any liabilities, claims, damages and losses included as a result of any Third Party Content, including content submitted or posted by you.
Third Party offers
1. Third Parties may make you offers via the Website by providing you with special offers that may be in the form of printable vouchers.
2. You agree and acknowledge that these offers are not made by Rodomontade and that the Third Party is solely responsible for the delivery of the relevant goods and/or services.
Intellectual Property – use of Website
1. Except for the temporary copy held in the computer's cache and a single permanent copy retained by a user for his or her personal use, no content on the Website may be used, copied, reproduced, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)).
2. For the avoidance of all doubt, the Website and the content on it are supplied for informational use. You must not reproduce, publish, make an adaptation of, or communicate, any of the content on the Website in any manner or in any form (whether visible or not) for any purpose whatsoever, except as otherwise permitted by Rodomontade.
3. Your use of the Website does not create a licence or any other rights with respect to the trade marks, website marks, copyright, or other intellectual property or proprietary rights in or on the Website.
4. All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, and software, is either the property of Rodomontade or has been legally licensed or provided by the respective copyright owner. As such, all content on the Website is protected by Australian and international copyright laws.
5. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Rodomontade and is protected by Australian and international copyright laws.
6. All software used on this site is the property of Rodomontade or its software suppliers and is protected by Australian and international copyright laws. The content and software on this site may be used as an information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. Photocopying is expressly prohibited; reproduction of the material contained herein in any form whatsoever is expressly prohibited
7. Rodomontade highly respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Rodomontade immediately.
Intellectual property - Third Party Content and Opinions
1. You agree that if you post or submit any content to the Website, you grant Rodomontade a complete, perpetual, non-exclusive, royalty and fee-free, irrevocable licence to use, modify, publish, reproduce, sublicense, distribute, display and create works from your content in Australia and throughout the world through any medium, including print, the Internet or via mobile technology.
2. You agree to waive all moral rights to any content that you submit to the Website.
3. You agree that you are the owner of the contents posted or submitted to the Website or that you have the right or permission to post or submit that content to the Website.
4. You agree to indemnify Rodomontade for all claims resulting from the contents that you provide to Rodomontade, including information submitted or posted on the Website.
Links to Third Party Websites
1. The Website may contain links to Third Party Websites.
2. Rodomontade does not have a practice of monitoring or making inquiries about the content of websites accessed by such links.
3. Rodomontade is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Websites, their content or any products or services which they offer.
4. Content contained on Third Party Websites does not represent the views of Rodomontade.
5. You access Third Party Websites completely at your own risk.
Communications
1. By registering with this Website, you agree that you will opt in on all communications between you and Rodomontade and consent to the receipt of such communications via any medium, including post and email.
2. If you wish to opt out of any communications, you may do so by cancelling your membership via the Website.
3. We may retain details of your membership and preferences after you have cancelled your account.
Payment Security
1. Our online transaction system uses 128bit Secure Sockets Layer (SSL) technology to encrypt all payment transactions between the Website and you.
2. Your browser and network must support SSL in order for this measure to be effective.
Privacy Policy
1. Rodomontade do not sell or give away any personally indentifying information from their membership database.
2. Rodomontade may sell or give away information in summary form. This information will not be personally identifying.
Shipping/Delivery Policy
1. Rodomontade does not supply physical products.
2. All of Rodomontade's services are delivered electronically.
Refund Policy
1. Service Fees are non-refundable
2. Services are non-transferable
Changes
1. Rodomontade may change these terms and conditions at any time without notice and you agree to be bound by such changes. Those changes shall be posted on the Website.
2. You agree to regularly review these terms and conditions.
Notices

You agree that any notices or notifications required to be given to Rodomontade under these terms and conditions must be sent via registered post to Rodomontade Pty Ltd, Suite 39, 100 William Street, Melbourne 3000, Victoria, Australia.
Limitation of Liability
1. Rodomontade excludes all:
  1. warranties whether express, implied, statutory or otherwise, relating in any way to the Website or your use of the Website; and
  2. liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as los of revenue, unavailability of systems or loss of data) arising from or in connection with any use of the information on or access through the Website (including, but not limited to Opinions, Third Party Content and Third Party Websites) for any reason whatsoever.
2. Where any law implies any term into your use of or any arrangement arising out of the accessing of the Website and that statute prohibits exclusion of that term, then that term applies.
3. If and to the extent permitted by that law, however, Rodomontade’s liability for any breach of such terms is limited to the resupply of services or the repayment of the cost of those services being resupplied.
Severability
1. If a provision of these terms and conditions:
  1. is affected adversely by a determination of a competent legal body, such as a tribunal or court;
  2. is illegal;
  3. is void or unenforceable; or
  4. exposes Rodomontade to the risk of prosecution;
  then you and Rodomontade agree that the offending provision is removed from these terms and conditions upon either party giving notice of the removal to the other party.
2. If parties are unable to reach agreement on the amendments required for the purposes of this clause, then either party may notify the other that any contractual obligations are at an end, in which case you agree to no longer use this Website from the date of notification.
Other rights

Any rights not specifically granted in these terms and conditions are expressly reserved.
Jurisdiction

By using this Website, you agree to submit to the jurisdiction of the laws, tribunals and courts applicable in the State of Victoria, Australia.

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