1.   Introduction

        1.1     BarM8 definition

The BarM8 mobile application (“App”), dashboard (“Dashboard”) and websites (“Websites”) are owned and operated by BarM8 Australia Pty Ltd (ACN: 619 996 459), (“BarM8”, “we”, “us”). These BarM8 Application Terms of Use (“Terms”) are here to ensure you understand your rights and obligations when you access, navigate or otherwise use our mobile application and its services as described and defined in Section 1.3. Please read these Terms carefully before using the App.

        1.2     User definition

Any reference in these Terms to “you”, “your”, “Customer” or “User” means any person accessing, viewing or using the App and/or Services.

        1.3     Key Terms

Without limiting the other terms set out in these Terms, you warrant that:

  • Your use of the App is subject to these Terms. If you do not agree with these Terms, please do not use the App;
  • You are at least 18 years of age;
  • You are eligible to register and maintain a personal account (Account) and will provide and maintain at least one acceptable payment method (Payment Method).
  • You are solely responsible for the activity that occurs on your Account;
  • You are the sole person responsible for the mobile device and mobile phone number registered to your Account or have the express permission of the mobile device owner;
  • You consent to the collection of information required to establish your Account, your mobile device’s geo-location whilst using the App and your behaviour on the App, by BarM8 or its third party vendors;
  • You consent to receiving emails, texts and App notifications from BarM8 as part of the App’s functionality, including receipts, codes, and notices of change to these Terms and BarM8’s Privacy Policy.

         1.4     Services

BarM8 provides Users with an App to discover and interact with third party bars or venues (Venue, Venues). By using the App, You may view Venue offers (Offers), claim and redeem BarM8 exclusive deals (Deals), sign up for, and/or purchase tickets (Tickets) to events hosted at a Venue (Events), order and pay for food and/or beverage products (Products) from the Venue, and/or make table reservations, with or without an associated order of Products placed ahead of time (Bookings) at these Venues, hereafter collectively referred to as (Services).

2.   Acceptance of Terms

        2.1     Agreement to terms of use

By installing, registering or using the App, its Services or otherwise dealing with BarM8, you agree to be bound by these Terms and the BarM8 Privacy Policy located at: https://barm8.com.au/privacy.

        2.2     Changes to terms and agreement

BarM8 may amend or modify the App (including changing, deleting, discontinuing or imposing conditions on any of its functionality or features), these Terms, or any BarM8 policy at any time at its sole discretion. By continuing to use the App and/or Services, you will be deemed to have accepted any revised terms from the date that they are published at: https://barm8.com.au/terms. You should regularly review these terms and conditions. You will be able to discontinue and/or refrain from use of BarM8 following such amendment or modification if You choose to do so. If You do not choose to do so and continue to use BarM8, the amendments or modifications will apply to You.

        2.3     Supplementary terms

The disclaimers, terms and conditions herein described may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by BarM8 (Supplementary Terms). To the extent there is an inconsistency between these Terms and any Supplementary Terms, the Supplementary Terms shall prevail. IN the event of a conflict in the terms of the Licensed Application End User License Agreement (as accepted when downloading the App from the Apple App Store or Google Play Store) and these Terms, this Term shall prevail.

        2.4     Legal recourse

BarM8 reserves the rights to investigate and take appropriate legal action for any illegal and/or unauthorized use of the App, Services or breach of these Terms.

3.   Using our App and Services

        3.1     Nature of licence

Subject to your acceptance of these Terms, BarM8 hereby grants You a limited, non-exclusive, non-assignable, non-transferrable, worldwide, royalty-free licence to install and use one copy of the App solely for your own personal, non-commercial purposes. All rights not otherwise expressly granted by these Terms are reserved by BarM8.

        3.2     Agreement not to modify or misuse the App

You agree that you will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the App, Dashboard or Websites, or grant any other person or entity the right or access to do so.

        3.3     BarM8’s right to alter, discontinue or delete functionality

BarM8 reserves the right to discontinue, alter, or delete any aspect of the App or its functionality, restrict the time the App is available or restrict the amount of use permitted at BarM8’s sole discretion.

        3.4     Account registration

In order to use our App and Services, You must register and provide certain information such as your name, email address, mobile telephone number, date of birth, gender and postcode (Customer Information), as and when requested, to BarM8 or its third party contractors via the App. To obtain an account you must be over the age of 18 and not have been previously barred from receiving the App or an Account. Registering an account requires you to submit to BarM8

You agree to maintain accurate, complete and up-to-date Customer Information in your Account. Your failure to maintain accurate, complete and up-to-date information, including having an invalid or expired payment method on file, may result in your inability to access or use the App.

You acknowledge and agree that You are responsible for any and all activity that occurs through your Account and you agree will not sell, transfer, license, or assign your Account. You agree that you will not create an account for anyone other than yourself.

        3.5     Content of the App

All Services advertised, promoted, operated, offered, sold and/or supplied via the App are done so by Venues.

BarM8 is not the provider, operator or supplier of any Offers, Deals, Events, Products and Bookings that you may view, purchase, or participate in as a result of using the App. BarM8 is designed to facilitate your learning of and interaction with Venues, and/or participation in, redemption of and/or purchase of their Offers, Deals, Events, Products and Bookings.

Representations of Offers, Deals, Events, Products and Bookings are based on information and material provided to BarM8 by the respective Venue.

        3.6     Collection of data and nature of use

You acknowledge and agree that information collected as a requirement to use the App could personally identify you and that BarM8 may collect locational data via the geo-location functionality of your mobile device. You acknowledge and agree that all information collected will be dealt with in accordance with our Privacy Policy.

        3.7     Electronic communications

You acknowledge and agree that BarM8 may send electronic messages to your mobile phone number or email address. You agree that by using the Services, you consent to BarM8 sending you electronic messages. We will only send you messages relating to Events you have signed up for, Products you have ordered, Bookings you have made or to verify your ownership of the registered mobile device and/or mobile phone number associated with your BarM8 account. If you opt in, we may send you direct marketing communications and information about services that we consider may be of interest to you. You may opt out of receiving direct marketing communications and information at any time.

        3.8     Complete payment

You agree that you will pay in full for all transactions entered in to through the App, in accordance with Section 4.

        3.9     RSA - Personal compliance

If you use the App to purchase, or seek to purchase, Products that are alcoholic beverages, contain alcohol or by law require you to be over the age of 18 years for consumption from any Venue, You acknowledge and agree that:

  • You are over the age of 18 years;
  • BarM8 Pty Ltd. supports the responsible service and consumption of alcohol;
  • The service, sale or supply of any alcoholic Product to You by a Venue is subject to applicable laws and applicable standards and guidelines issued by regulatory authorities with relevant jurisdiction, including responsible service of alcohol and liquor harm minimisation.

        3.10     RSA - Venue liability

You agree that it is the responsibility of the Venue to comply with all laws in relation to the service of alcohol including responsible service of alcohol, ensuring the Venue holds a valid alcohol licence, and ensuring that the Customer is over the age of 18 years before serving You alcohol.

        3.11     Product availability

You acknowledge that BarM8 does not guarantee that Products listed on the App will be stocked, available for delivery or for pick-up within a certain time frame or that the Products are of a certain quality.

        3.12    Informational accuracy

You acknowledge that BarM8 does not guarantee that any of the information displayed on the App including all information, photos, ingredients, explanations of any Venue’s Offers, Deals, Events, Products, Bookings or of the Venue itself, are accurate and BarM8 is not liable for any errors in representation.

BarM8 is not the provider, operator or supplier of any Offers, Deals, Events, Products or Bookings that you may view, participate in, or purchase as a result of using the App. BarM8 is designed to facilitate your learning of, interaction with, and purchase of a Venue or their Offers, Events, Bookings and Products.

Representations of Venues, their Offers, Events, Products and Booking availabilities are based on information and material provided to BarM8 by the respective Venue.

        3.13     Customer and Venue interaction

You acknowledge that BarM8 acts only as an intermediary between the Customer and the Venue, and that the Venue is the sole provider, operator and/or supplier of any Offers, Deals, Events and Products displayed on the App. You acknowledge that any dispute arising in connection with the provision, operation and/or supply of Offers, Deals, Events and Products is, for the purposes of these Terms, between you and the Venue, to the exclusion of BarM8. BarM8 is not liable in connection with any Offers, Deals, Events and Products provided, operated and/or supplied by a Venue. This includes, but is not limited to, any liability in relation to the quality of the food, beverages or service provided by the Venue; any allergic reaction or illness you suffer as a result of consuming the food or beverage provided by the Venue; any failure of the Venue to meet your dietary requirements; or any injury you sustain at the Venue.

        3.14     Bookings policy

By using the App and/or Services, a Customer may request a Booking at one of the times displayed by a Venue on the App. We do not however guarantee and are not responsible for the performance of said Booking, the service provided at the Venue and/or any promotions related to a Booking, which are the sole responsibility and are to be provided and/or otherwise performed by the Venue. We are therefore not responsible for the service, eligibility, or termination of your reservation with the Venue. In the event of any doubt regarding a Booking, You and the Venue will default to the Venue’s own reservation or booking policy.

Venues reserve the right to vacate Your table after a reasonable amount of time has passed. This remains at the sole discretion of the Venue

4.   Order and Payment terms

        4.1     Payment via the app

You agree that all purchases made via the App will be paid for in accordance with these Terms.

        4.2     Collection of payment on behalf of the Venue

BarM8 warrants that it has the right to collect payments for Products and Tickets that you order using our App and/or Services on behalf of participating Venues as its limited payment collection agent. When you pay the purchase price using our App and/or Services, you discharge your obligations to pay the Venue directly for any Products and Tickets you order.

        4.3     Inclusion of taxes

You acknowledge and agree that all purchase prices specified, and payments collected, will be inclusive of all applicable taxes where required by law.

        4.4     Acknowledgement of differences in prices

You acknowledge that the prices of Products and Tickets may vary from time to time, and may differ from the prices of the same items sold by the Venue by any method other than through the App.

        4.5     Credit card surcharges for use of the App

You agree that you will pay in addition to the purchase price of Products and Tickets, an additional credit card surcharge, that will depend on the credit card selected in your chosen Payment Method.

        4.6     Use of third-party payment providers

You acknowledge that BarM8 use third party payment providers including but not limited to Stripe, Tyro, Braintree, Square, Paypal, Hyperwallet, Apple Pay and Google Pay (Payment Providers). You agree that you will pay in addition to the purchase price of Products and Tickets, any additional fees charged by the Payment Providers. Details of your Payment Method are sent to the Payment Provider in a secure and encrypted format and will not be viewed, stored or collected by BarM8 or any party other than the Payment Provider.

        4.7     Indemnification against errors on behalf of Credit Card Issuer and Payment Provider

The processing of payments or credit cards are subject to the terms, conditions and privacy policies of your credit card issuer, and the Payment Providers in addition to these Terms. The terms and conditions and privacy policies for the Payment Providers can be accessed at their websites. You should review the Payment Provider’s terms of service and privacy policy upon registration of your Account on the App. BarM8 is not responsible for any errors by the Payment Provider or credit card issuer.

        4.8     Indemnification against misuse of payment methods

You warrant that you are the authorised user of any Payment Method that you use in connection with the App and/or Services and you acknowledge that BarM8 is not liable for any unauthorised use of any Payment Method.

        4.9     Order placement, handling and cancellations

You acknowledge that BarM8 will not place your order with the Venue until you have made full payment for the Products and/or Tickets through our App. You agree that if you submit an order, BarM8 delivers your order to the Venue once your payment has been authorised.

You must pay for all Products that you order on the App, even if you leave the Venue prior to receiving the ordered Products or if the ordered Products do not arrive.

Subject to Australian Consumer Law and the Venue’s refund policy, you are not entitled to change or cancel your order once it has been placed and you will not be entitled to a refund.

        4.10     Order rejection

You agree that Venues have the sole discretion to reject or refuse your order at any time. If your order is rejected or cancelled by the Venue, you will receive a refund in accordance with the Venue’s refund policy.

        4.11     Responsibility for order details and indemnification against erroneous orders

You agree that is your responsibility to ensure that all orders for Products and Tickets through the App are correct and that you pay the correct amount at the time of payment. Once payment has been confirmed and your order received by the Venue, BarM8 will not be responsible and has no involvement in any disputes regarding any incorrect final purchase amounts accepted by the Venue or made by you. If you have any issue or complaint regarding the provision of goods or services by the Venue, you must deal directly with the Venue. A refund may be payable in accordance with the Venue’s refund policy.

5.   Deals

        5.1     Nature of Deals; subject to T&C’s of the venue and these conditions

BarM8 may from time to time extend Deals on behalf of its partners, which may include, but not limited to, free items, discounts, bonus items or other incentives through the App. We agree to allow you to redeem these Deals subject to any terms and conditions imposed by the Venue and the following conditions:

  • Deals must be redeemed as displayed, cannot be refunded for cash, cannot be redeemed in conjunction with any other promotions, deals or incentives offered by the Venue, can only be redeemed once and must be used before the expiry time and date;
  • Deals advertised on the app are exclusively available through the App;
  • BarM8 and the Venue reserves the right to cancel, withhold use, suspend or modify the terms of a Deal and any discount or benefit associated with it at any time and without notice;
  • Deals may be limited in number and may be limited to certain times as specified on the App. Please note that not all Deals are shown to all customers at all times and may vary customer to customer. Confirmation of the Deal being claimed will be displayed on the App;
  • Some Deals may require an accompanying purchase to be made in order to access or validate the Deal;
  • Deals are issued on a ‘first claimed’ basis, and once the number of Deals on offer by a Venue have been claimed, no further Deals will be available on the App.

6.   Content and access

        6.1     Express permission to use BarM8 property

Unless otherwise specifically noted in these Terms or on or in the App, images, trademarks, service marks, logos and icons displayed on the App are the property of BarM8, and/or its licensors and may not be used without BarM8’s prior written consent. Any unauthorised use of any photos, videos, text, links and/other information (Content) on the App, whether owned by BarM8 or other parties, may violate copyright laws, trademarks laws, privacy and publicity laws and communications regulations and statutes.

        6.2     Errors in information

You acknowledge and accept that the App content may include incorrect information, technical inaccuracies and typographical errors. You acknowledge and accept that the App and Services, will from time to time, change without notice to you and that the content of the App may not necessarily be accurate or up to date at the time you view it. You acknowledge that BarM8 bears no responsibility for the accuracy of information presented on the App and relinquish BarM8 from all liability pertaining to injuries or losses arising from such inaccuracies.

        6.3     Responsibility to verify information

You are responsible for contacting us directly to ensure that any material or information on the App that you seek to rely on is accurate and current. BarM8 disclaims all liability for any direct or indirect loss or damage arising from your use of reliance on the App or Services to the full extent permitted by the law.

        6.4     Best efforts to ensure information on the app is accurate

BarM8 makes all reasonable efforts to ensure that the information about Venues, Offers, Deals, Products, Events and Bookings on the App, Dashboard or Websites are accurate and correct, however we do not warrant that it is accurate, adequate or complete.

7.   Prohibited Uses

        7.1     Agreement not to abuse the granted license

You agree that you will use the App in a manner consistent with any and all applicable laws and regulations. BarM8 reserves the right, but is not obligated, to investigate and terminate your use of the App if you have misused the App or any products or services access through the App, or behaved in a way that could be regarded as inappropriate or if your conduct is unlawful or illegal.

        7.2     List of agreements

With respect to your use of and participation on the App, you agree that you will not:

  • Impersonate any person or entity;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents;
  • post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
  • remove any copyright, trademark or other proprietary rights notices contained in the App;
  • interfere with or disrupt any services provided through the App or the servers or networks connected to the App;
  • post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the App; or
  • “frame” or “mirror” any part of the App, without BarM8’s prior written authorisation or use meta tags or code or other devices containing any reference to BarM8 or the App in order to direct any person to any other website for any purpose.

8.   Exclusions, indemnification and release

        8.1     Exclusion of Warranties

To the maximum extent allowed by law, the app or the service, and any BarM8 content are provided “as is” and “as available,” and at your sole risk. Although BarM8 uses reasonable efforts to ensure that the information contained on the app and through the service is as accurate as possible, BarM8 gives no warranty of any kind regarding the app or the service and/or BarM8 content posted or otherwise made available therein. Further, BarM8 does not warrant the accuracy, completeness, currency or reliability of any BarM8 content that the results obtained from the use of the app or the service or BarM8 content will be accurate or reliable, or that the quality of the app or the service or BarM8 content will meet your expectations. To the maximum extent allowed by law, BarM8 expressly disclaims all warranties, representations, conditions, undertakings or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that the app, the service or BarM8 content will be error-free or that such errors will be corrected.

Any BarM8 content or other material downloaded or otherwise obtained through the use of the app or the service is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of the app or any such BarM8 content or material.

        8.2     Other Disclaimers

The App and any products or services provided through the App may be temporarily unavailable from time to time for maintenance or other reasons.

BarM8 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, communications.

BarM8 is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, on the App, on any website or any combination thereof, including injury or damage to you or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading the App or materials in connection with the App and/or in connection with any products or services offered through the App.

BarM8 shall not be liable for any loss or damage you suffer as a result of the provision, or lack thereof, of goods and services by the Participating Restaurant.

        8.3     Release and indemnification

You agree to release BarM8, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the App or the service provided through the App. If at any time you are not satisfied with the App or object to any material within the App, your sole remedy is cessation of use thereof.

You agree to defend, indemnify and hold harmless BarM8, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including legal fees and costs and expenses, arising out of or in any way connected with:

  • Your access to or use of the App or any part thereof;
  • Any ratings you publish via the App;
  • A breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms of Use;
  • Infringement or misappropriation of any intellectual property or other rights of BarM8 or third parties by you;
  • Any negligence or wilful misconduct by You

9.   Governing law and miscellaneous items

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of Australia.

You agree that your breach of the provisions of these Terms of Use would cause irreparable harm and significant injury to BarM8 which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that BarM8 has the right to enforce the provisions of these Terms of Use by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies that BarM8 may have.

BarM8 will be entitled to reasonable legal fees and fees of accountants and other professionals, and costs and expenses in addition to any other relief to which BarM8 may be entitled in any action at law or in equity.

10.   Contact

For all queries regarding the terms above, please contact us at info@barm8.com.au or by physical mail at:

11 Huon Place

Bella Vista

NSW, 2153

Australia

 

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