Welcome to Journerator!

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Journerator mobile application (App) and the services made available through the App, including the restaurant reservation and waitlist services (Services). By using the App, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Journerator Pty Ltd ABN 45 655 654 578 (Journerator, we or us) .

The is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Restaurant Owners), which sets out additional terms that apply to Restaurant Owners, being owners and operators of a restaurant or hospitality venue; and
Part C (Customers), which sets out additional terms that apply to Customers, being individuals who wish to dine and experience the restaurant or hospitality venue operated by a Restaurant Owner.

If you intend to use the App as a Restaurant Owner, only Parts A and Part Part B of these terms will apply to you.

If you intend to use the App as a Customer, only Parts A and Part C of these terms will apply to you.

The App will be available on the Apple iOS Store and the Google Play Store. If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Part A - All Users

1. ELIGIBILITY

By using the App, you represent and warrant that you are either:
- over the age of 18 years and accessing the App for personal use; or
- under the age of 18 years and have obtained parental or guardian consent for your use of the App.
Please do not access the App if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the App.
If you use the App on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

In order to use most of the functionality of the App, all Users may be required to sign-up, register and receive an account through the App (an Account ).
As part of the Account registration process and as part of your continued use of the App, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Journerator from time to time.
Restaurant Owners will be required to provide additional information and pay the applicable fees set out in Part B to register for a Business Account (as defined in clause 1 of Part B).
You warrant that any information you give to Journerator in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
Once you complete the Account registration process, Journerator may, in its absolute discretion, choose to accept you as a registered user within the App and provide you with an Account.
Journerator may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. SERVICES

3.1REQUESTS FOR SERVICES

Customers may make a request from a Restaurant Owner for the Services via the App or through a QR Code (Request).
If a Restaurant Owner confirms a Customer’s Request, the Customer will be notified of the confirmation via email and/or through the App (Confirmed Request).
Customer’s must only submit Requests via the App that are bona fide and accurate.

3.2 Reservation services

The availability of reservations is determined at the time of a Customer’s Request and are based on the information provided to Journerator by a Restaurant Owner.
All Users acknowledge and agree that:
- The details of a reservation are agreed solely between the Customer and the Restaurant Owner; and
- Journerator will not be held responsible for the success of reservations requested by the Customer and confirmed by the Restaurant Owner.
Customer’s must only submit Requests via the App that are bona fide and accurate.

3.3 WAITLIST SERVICES

Restaurant Owners will be provided with an individualised QR code to display at their restaurant (QR Code) .
To join a waitlist, Customers may:
- scan a QR Code to join a waitlist; or
- use the functionality in the App.
If a Customer has used:
- a QR Code to join a waitlist, they will receive confirmation of their position in the queue to their designated email address; or
- the functionality in the App to join a waitlist, they will receive live updates on their position in the queue via notifications from the App.
Customers will be notified by the Restaurant Owner if a reservation is available after they have joined the waitlist.
All Users acknowledge and agree that:
- Journerator does not guarantee that a Customer will receive a confirmed reservation by using the waitlist services; and
- it is the responsibility of the Restaurant Owner to manage waitlist queues and requests.
- There is a 15 minute grace period. If customers do not respond to the restaurant that they are visiting the restaurant, their booking will be automatically moved cancelled and moved to history under bookings.

4. USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User, junk mail, spam, bulk content or harassment. This does not restrict legitimate business communications under the Spam Act;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Journerator of any unauthorised use of your Account, password or email, or any other breach or potential breach of the App’s security;
to not use the App for any purpose other than for the purpose of making arrangements to provide or receive Services, including by not using the App:
- in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
- in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Journerator;
not to act in any way that may harm the reputation of Journerator or associated or interested parties or do anything at all contrary to the interests of Journerator or the App;
not to make any automated use of the App and you must not copy, reproduce, translate, adapt, vary or modify the App without the express written consent of Journerator;
that in order to utilise Journerator on your device it must be running on the iOS11 or Android 9 mobile operating platforms, or any later releases of the same;
that Journerator may change any features of the App or Services offered through the App at any time without notice to you;
that information given to you through the App, by Journerator or another User including a Restaurant Owner, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that Journerator may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

5. POSTED MATERIALS

5.1 WARRANTIES

By providing or posting any information, materials or other content on the App (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the App or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

5.2 LICENCE

You grant to Journerator a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Journerator to use, exploit or otherwise enjoy the benefit of such Posted Material.
b.If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Journerator from any and all claims that you could assert against Journerator by virtue of any such moral rights.
You indemnify Journerator against all damages, losses, costs and expenses incurred by Journerator arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

5.3 REMOVAL

Journerator acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Journerator may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or information you have posted on the App) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

6. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

Journerator will have no liability or obligation to you if:

a Customer or Restaurant Owner cancels at any time after the time for performance of the Services are agreed; or
for whatever reason, the Services cannot be performed or completed, and you will not be entitled to any compensation from Journerator.

7. TECHNICAL FAULTS

If a User experiences a technical fault while using the App, they must report the technical fault to Journerator using the functionality in the App.
Journerator will address the technical fault within a reasonable time as determined by Journerator.

8. SERVICE LIMITATIONS

The App is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Journerator cannot and does not represent, warrant or guarantee that:

the App will be free from errors or defects;
the App will be accessible at all times;
messages sent through the App will be delivered promptly, or delivered at all;
information you receive or supply through the App will be secure or confidential; or
any information provided through the App is accurate or true.

9. INTELLECTUAL PROPERTY

Journerator retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, ] downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of providing the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Journerator or as permitted by law.
In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10. THIRD PARTY CONTENT

The App may contain text, images, data and other content provided by a third party and displayed on the App (Third Party Content). Journerator accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. THIRD PARTY TERMS

Any service that requires Journerator to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b)Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Journerator to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

12. DISPUTES BETWEEN USERS

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the App remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Journerator via the functionality in the App. We will assess the complaint and may resolve it at our sole discretion.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
Journerator has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
Journerator reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
If you have a dispute with Journerator, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 12, you or Journerator may at any time cancel your Account or discontinue your use of the App.

13. SECURITY

Journerator does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the App. You should take your own precautions to ensure that the process you employ to access the App does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14. DISCLAIMER

(Introduction service) Journerator is a medium that facilitates restaurant reservation and waitlist services between Customers and Restaurant Owners. Journerator does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Restaurant Owners in relation to the provision or receipt of their services.
(Limitation of liability) To the maximum extent permitted by applicable law, Journerator excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the App or the Services. This includes the transmission of any computer or mobile virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(Indemnity) You agree to indemnify Journerator and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
- breach of any term of this agreement;
- use of the App; or
- use of the Services.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Journerator be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App or the Services (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

15. CONFIDENTIALITY

You agree that no information owned by Journerator, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties.

16. PRIVACY

We are committed to protecting your privacy. We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

17. NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

This agreement is are between you and Journerator and not with Apple. Apple is not responsible for the Services or any content available on the Services.
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services
In the event of any failure of Journerator to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Journerator’s responsibility
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
- Product liability claims
- any claim that the Services fails to conform to any applicable legal or regulatory requirement, and
- that the Services fails to conform to any applicable legal or regulatory requirement, and
in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim
that you represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country, and
- you are not listed on any U.S. Government list of prohibited or restricted parties
you must comply with applicable third party terms of this agreement when using the Services, and
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

18. TERMINATION

Journerator reserves the right to terminate a User’s access to the App at any time without notice, for any reason.
In the event that a User’s Account is terminated, the User will no longer be able to use the Services provided through the App.
Users may terminate their Account at any time by using the App’s functionality, where such functionality is available. Where such functionality is not available, Journerator will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account or this agreement the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply

19. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the App, and Journerator will not be held accountable in relation to any transactions between Customers and Restaurant Owners where tax related misconduct has occurred.

20. RECORD / AUDIT

To the extent permitted by law, Journerator reserves the right to keep all records of any and all transactions and communications made through this App between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Journerator.

21. NOTICES

A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement abc@gmail.com. The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party,
whichever is earlier.

22. GENERAL

22.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

22.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

22.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

22.4 JOINT AND SEVERAL LIABILITYE

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

22.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

22.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

22.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

22.8 INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B - Restaurant Owners

1. KEY DETAILS AND EXECUTION OF AGREEMENT

All Restaurant Owners must complete and sign the Key Details form provided by Journerator before registering a Business Account and using the App.

2. BUSINESS ACCOUNT REGISTRATION

To use the functionality of the App, you must:
- register an Account in accordance with clause 2 of Part A and this clause 1 of Part B (Business Account); and
- pay any applicable fees as set out in clause 5 of this Part B.
In order to register a Business Account, we require you to provide:
- the name of your restaurant and its Australian Business Number (ABN);
- the full legal name of the restaurant owner;
- the number and email address for the main point of contact of your restaurant;
- the address of your restaurant;
- the restaurant owner billing address;
- details of your valid liquor licence (if applicable);
- opening and closing times;
- bank account details (for clarity, the account name, BSB and account number); and
- any additional information reasonably required by Journerator.
Journerator may in its absolute discretion, suspend or cancel your Business Account for any reason, including for any failure to comply with these terms.

3. RESTAURANT OWNER OBLIGATIONS

1.1 GENERAL

You must:

provide true, timely and accurate information relating to the availability of reservation and waitlist services to Journerator;
deal with any dispute with another User in accordance with clause 12 of Part A;
not have more than 25 of negative reviews on your social media or Google platforms over the previous 12 months;
not trade while your restaurant or business is insolvent;
adhere to any laws and regulations relating to hospitality, food handling and health which apply to your restaurant or business; and
maintain the privacy of all Customers who dine and request waitlist or reservation services from you.

3.2 CUSTOMER REQUESTS

It is your responsibility to monitor the App and all Requests made via the App or QR Codes.
You may turn off Requests available to Customers through the functionality in the App. All Requests made by Customers via the App or QR Codes before you turn off Requests will not be affected and must continue to be monitored by you.
You acknowledge and agree that Journerator will not be held responsible for any Requests which have been missed or unacknowledged due to your failure to monitor Requests made via the App or through QR Codes.

3.2 OFFENCES

You acknowledge and agree that:

you must notify Journerator if you become subject to any criminal proceedings or malpractice in relation to your restaurant or hospitality business (Criminal Proceedings); and
Journerator will not be held responsible for any action relating to the Criminal Proceedings.

4. FEES

4.1 TRIAL

We may offer a no cost trial which will allow you to access our Services for a period of either 14 days (Trial) or more. If at the end of the Trial, you do not wish to subscribe and make a payment, then your Trial will end. If you wish to continue using your Business Account and the services associated with it, you must make payment in accordance with clause 5.2.

4.2 SUBSCRIPTION

A Business Account is available to use via a paid subscription (Subscription). We also have different subscription periods, for example, monthly or annual subscriptions (Subscription Period). Details of the Subscriptions as well as the associated fees for each (Subscription Fees) will be set out on our App and the Key Details form.
The Subscription Fees may be paid via the App or as otherwise notified by us to you, depending on our current prices and billing processes.
Your Subscription will continue to renew automatically at the end of each Subscription Period, and you will continue to be charged Subscription Fees unless you cancel your Subscription in accordance with clause 6.

4.3 GENERAL

(When Subscription Fees are due) You must pay the Subscription Fee at the beginning of each Subscription Period. You may choose your preferred Subscription Period and inform us in written and/or via phone call.
(Automatic recurring billing) Your Subscription will continue to renew after the end of each Subscription Period, indefinitely, and you must pay Subscription Fees in respect of each Subscription Period in advance, unless you notify us before the end of the then current Subscription Period that you want to cancel your Subscription. Otherwise, we will continue to automatically charge the Subscription Fees from your nominated account at the beginning of each Subscription Period. We will not refund any fees if you fail to cancel your Subscription. You acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to the cancellation of your Subscription.
(Failure to pay) If Subscription Fees are not paid when they are due, we may revoke your Business Account and require payment for you to continue accessing the App and the Services.
(Third Party Payment Provider)We use third-party payment providers (Payment Provider) to collect Subscription Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(Credit card surcharges) We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Changes to Subscription Fees)We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
A regular report will be issued every three months. However, if restaurants request additional monthly reports. We can only issue a report once per month.

5. CANCELLATION

5.1 cancellation by you

You are responsible for the cancellation of your Business Account. You can cancel your Business Account at any time. However, you have obligation to continue paying any remaining monthly payments of the plan that you have subscribed and/or agreed to pay; and these will continue to be charged to your monthly account until your payments are completed.

5.2 CANCELLATION BY JOURNERATOR

To the extent permitted by law, we reserve the right to terminate your access to your Business Account and other services associated with your Business Account at any time without notice, for any reason, provided that we refund you any Subscription Fees you have paid for any unused portion of the Subscription Period.
We may also terminate your access to your Business Account and other services associated with your Business Account at any time without notice, without issuing a refund, if you breach any provision in these terms.

5.3 CANCELLATION BY CUSTOMERS

You acknowledge and agree that Journerator takes no responsibility for:
- any cancellations by Customers or No Shows.
- a dispute between you and a Customer regarding the cancellation of a Request or Confirmed Booking.
You may request a deposit from a Customer if you wish to secure a Confirmed Booking or Request (Security Deposit) however, Journerator is not responsible for any disputes, complaints, cancellations or refunds associated with a Security Deposit.

6. WARRANTIES

By representing yourself as a Restaurant Owner on the App, and using our Services, you represent and warrant that:

you will provide services to each Customer:
- using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
- in compliance with all applicable laws; and
any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

Part C - Customers

1. CUSTOMER ACCOUNT

To make a Request you are required to sign up to an account via the App in accordance with clause 2 of Part A (Customer Account).
You are not required to create a Customer Account to join a waitlist using a QR Code.
All Customer Accounts are free to create.

2. CANCELLATIONS

You can cancel a Request or Confirmed Request at any time by using the functionality in the App or by directly calling the Restaurant Owner.
If Journerator decides to investigate your cancellation, you must provide assistance and information to Journerator as reasonably requested.
The consequences of cancelling or, where applicable, failure to show up for, a Request or Confirmed Request will depend on the cancellation policy and refund policy of the relevant Restaurant Owner.
You acknowledge and agree that Journerator will have no liability or obligation to you:
- if a Restaurant Owner cancels a Request or Confirmed Request after it has been agreed;
- if you cancel or, where applicable, failure to show up for, a Request or Confirmed Request.

3. REMINDERS

By making a Request, you consent to receiving email and in App reminders for us to keep you informed about your Request and/or Confirmed Request (Reminders).
You may unsubscribe from receiving Reminders at any time by providing us with written notice or using the unsubscribe functionality in the Reminders.

4. LINKED BUSINESSES

You acknowledge and agree that:

the App provides introductions to Restaurant Owners owned and operated by third parties that are not under the control of Journerator;
the provision by Journerator of introductions to Restaurant Owners does not imply any endorsement or recommendation by Journerator of any Restaurant Owner;
Journerator does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Restaurant Owner who uses or is listed on the App; and
any terms and conditions relating to a Request provided via the App constitute an agreement between you and the Restaurant Owner once agreed in and does not involve Journerator in any way.

WHAT PARTS OF THESE TERMS APPLY TO ME?

The is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Restaurant Owners), which sets out additional terms that apply to Restaurant Owners, being owners and operators of a restaurant or hospitality venue; and
Part C (Customers), which sets out additional terms that apply to Customers, being individuals who wish to dine and experience the restaurant or hospitality venue operated by a Restaurant Owner.

If you intend to use the App as a Restaurant Owner, only Parts A and Part Part B of these terms will apply to you.

If you intend to use the App as a Customer, only Parts A and Part C of these terms will apply to you.

Part A - All Users

1. ELIGIBILITY

By using the App, you represent and warrant that you are either:
- over the age of 18 years and accessing the App for personal use; or
- under the age of 18 years and have obtained parental or guardian consent for your use of the App.
Please do not access the App if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the App.
If you use the App on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

In order to use most of the functionality of the App, all Users may be required to sign-up, register and receive an account through the App (an Account ).
As part of the Account registration process and as part of your continued use of the App, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Journerator from time to time.
Restaurant Owners will be required to provide additional information and pay the applicable fees set out in Part B to register for a Business Account (as defined in clause 1 of Part B).
You warrant that any information you give to Journerator in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information. [Note to Cindy: we weren’t sure whether your app is linked to any social media. Please delete if not applicable]
Once you complete the Account registration process, Journerator may, in its absolute discretion, choose to accept you as a registered user within the App and provide you with an Account.
Journerator may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. SERVICES

3.1REQUESTS FOR SERVICES

Customers may make a request from a Restaurant Owner for the Services via the App or through a QR Code (Request).
If a Restaurant Owner confirms a Customer’s Request, the Customer will be notified of the confirmation via email and/or through the App (Confirmed Request).
Customer’s must only submit Requests via the App that are bona fide and accurate.

3.2 RESERVATION SERVICES

The availability of reservations is determined at the time of a Customer’s Request and are based on the information provided to Journerator by a Restaurant Owner.
All Users acknowledge and agree that:
- The details of a reservation are agreed solely between the Customer and the Restaurant Owner; and
- Journerator will not be held responsible for the success of reservations requested by the Customer and confirmed by the Restaurant Owner.
Customer’s must only submit Requests via the App that are bona fide and accurate.

3.3 WAITLIST SERVICES

Restaurant Owners will be provided with an individualised QR code to display at their restaurant (QR Code) .
To join a waitlist, Customers may:
- scan a QR Code to join a waitlist; or
- use the functionality in the App.
If a Customer has used:
- a QR Code to join a waitlist, they will receive confirmation of their position in the queue to their designated email address; or
- the functionality in the App to join a waitlist, they will receive live updates on their position in the queue via notifications from the App.
Customers will be notified by the Restaurant Owner if a reservation is available after they have joined the waitlist.
All Users acknowledge and agree that:
- Journerator does not guarantee that a Customer will receive a confirmed reservation by using the waitlist services; and
- it is the responsibility of the Restaurant Owner to manage waitlist queues and requests.

4. USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Journerator of any unauthorised use of your Account, password or email, or any other breach or potential breach of the App’s security;
to not use the App for any purpose other than for the purpose of making arrangements to provide or receive Services, including by not using the App:
- in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
- in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Journerator;
not to act in any way that may harm the reputation of Journerator or associated or interested parties or do anything at all contrary to the interests of Journerator or the App;
not to make any automated use of the App and you must not copy, reproduce, translate, adapt, vary or modify the App without the express written consent of Journerator;
that in order to utilise Journerator on your device it must be running on the iOS11 or Android 9 mobile operating platforms, or any later releases of the same;
that Journerator may change any features of the App or Services offered through the App at any time without notice to you;
that information given to you through the App, by Journerator or another User including a Restaurant Owner, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that Journerator may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

5. POSTED MATERIALS

5.1 WARRANTIES

By providing or posting any information, materials or other content on the App (Posted Material) , you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the App or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

5.2 LICENCE

You grant to Journerator a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Journerator to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Journerator from any and all claims that you could assert against Journerator by virtue of any such moral rights.
You indemnify Journerator against all damages, losses, costs and expenses incurred by Journerator arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

5.3 REMOVAL

Journerator acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Journerator may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or information you have posted on the App) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

6. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

Journerator will have no liability or obligation to you if:

a Customer or Restaurant Owner cancels at any time after the time for performance of the Services are agreed; or
for whatever reason, the Services cannot be performed or completed, and you will not be entitled to any compensation from Journerator.

7. TECHNICAL FAULTS

If a User experiences a technical fault while using the App, they must report the technical fault to Journerator using the functionality in the App.
Journerator will address the technical fault within a reasonable time as determined by Journerator.

8. SERVICE LIMITATIONS

The App is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Journerator cannot and does not represent, warrant or guarantee that:

the App will be free from errors or defects;
the App will be accessible at all times;
messages sent through the App will be delivered promptly, or delivered at all;
information you receive or supply through the App will be secure or confidential; or
any information provided through the App is accurate or true.

9. INTELLECTUAL PROPERTY

Journerator retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of providing the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Journerator or as permitted by law.
In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10. THIRD PARTY CONTENT

11. THIRD PARTY TERMS

Any service that requires Journerator to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b)Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Journerator to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms

12. DISPUTES BETWEEN USERS

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the App remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Journerator via the functionality in the App. We will assess the complaint and may resolve it at our sole discretion.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
Journerator has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
Journerator reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
If you have a dispute with Journerator, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 12, you or Journerator may at any time cancel your Account or discontinue your use of the App.

13. SECURITY

14. DISCLAIMER

(Introduction service) Journerator is a medium that facilitates restaurant reservation and waitlist services between Customers and Restaurant Owners. Journerator does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Restaurant Owners in relation to the provision or receipt of their services.
(Limitation of liability) To the maximum extent permitted by applicable law, Journerator excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the App or the Services. This includes the transmission of any computer or mobile virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(Indemnity) You agree to indemnify Journerator and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
- breach of any term of this agreement;
- use of the App; or
- use of the Services.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Journerator be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App or the Services (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

15. CONFIDENTIALITY

16. PRIVACY

17. NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

This agreement is are between you and Journerator and not with Apple. Apple is not responsible for the Services or any content available on the Services.
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services
In the event of any failure of Journerator to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Journerator’s responsibility
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
- Product liability claims
- any claim that the Services fails to conform to any applicable legal or regulatory requirement, and
- that the Services fails to conform to any applicable legal or regulatory requirement, and
in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim
that you represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country, and
- you are not listed on any U.S. Government list of prohibited or restricted parties
you must comply with applicable third party terms of this agreement when using the Services, and
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

18. TERMINATION

Journerator reserves the right to terminate a User’s access to the App at any time without notice, for any reason.
In the event that a User’s Account is terminated, the User will no longer be able to use the Services provided through the App.
Users may terminate their Account at any time by using the App’s functionality, where such functionality is available. Where such functionality is not available, Journerator will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account or this agreement the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply

19. TAX

20. RECORD / AUDIT

21. NOTICES

A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement abc@gmail.com. The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party,
whichever is earlier.

22. GENERAL

22.1 GOVERNING LAW AND JURISDICTION

22.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

22.3 SEVERANCE

22.4 JOINT AND SEVERAL LIABILITYE

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

22.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

22.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

22.7 ENTIRE AGREEMENT

22.8 INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B - Restaurant Owners

1. KEY DETAILS AND EXECUTION OF AGREEMENT

All Restaurant Owners must complete and sign the Key Details form provided by Journerator before registering a Business Account and using the App.

2. BUSINESS ACCOUNT REGISTRATION

To use the functionality of the App, you must:
- register an Account in accordance with clause 2 of Part A and this clause 1 of Part B (Business Account); and
- pay any applicable fees as set out in clause 5 of this Part B.
In order to register a Business Account, we require you to provide:
- the name of your restaurant and its Australian Business Number (ABN);
- the name of the restaurant owner;
- a national police check of the restaurant owner;
- the number and email address for the main point of contact of your restaurant;
- the address of your restaurant;
- details of your valid liquor licence (if applicable);
- opening and closing times;
- bank account details (for clarity, the account name, BSB and account number); and
- any additional information reasonably required by Journerator.
Journerator may in its absolute discretion, suspend or cancel your Business Account for any reason, including for any failure to comply with these terms.

3. IPADS

All Restaurant Owners must complete and sign the Key Details form provided by Journerator before registering a Business Account and using the App.

Depending on the Subscription you purchase, we may provide you with an iPad to manage the Services (iPad)
A deposit in addition to the Subscription Fee will be required if you are issued with an iPad (Deposit). The amount of such Deposit will be advised to you at the time you purchase a Subscription.
If you are provided with an iPad you must ensure that it is used:
- solely for the purposes of using the App and Services in accordance with this agreement;
- in a proper and skilful manner;
- in a manner that is responsible to ensure the safety and cleanliness of the iPad; and
- in accordance with the iPad manufacturer’s requirements, recommendations and instruction manuals provided to you.
You acknowledge and agree that you will be responsible for any damage made to the iPad during the term of this agreement.
If you require any maintenance to the iPad, you must contact Journerator using the functionality in the App. Maintenance to the iPad will organised by Journerator within a reasonable time as determined by Journerator.
If we determine, in our absolute discretion, that the iPad has been damaged while in your possession, we may use the Deposit to repair of any damage made to the iPad.
Upon termination of the agreement, you must return the iPad to us within 48 hours. If we determine, in our absolute discretion, that the iPad is in good condition, we will refund you the Deposit or part of the Deposit, depending on your Subscription, into your nominated bank account.

4. RESTAURANT OWNER OBLIGATIONS

4.1 GENERAL

You must:

provide true, timely and accurate information relating to the availability of reservation and waitlist services to Journerator;
deal with any dispute with another User in accordance with clause 12 of Part A;
not have more than 25 of negative reviews on your social media or Google platforms over the previous 12 months;
not trade while your restaurant or business is insolvent;
adhere to any laws and regulations relating to hospitality, food handling and health which apply to your restaurant or business; and
maintain the privacy of all Customers who dine and request waitlist or reservation services from you.

4.2 CUSTOMER REQUESTs

It is your responsibility to monitor the App and all Requests made via the App or QR Codes.
You may turn off Requests available to Customers through the functionality in the App. All Requests made by Customers via the App or QR Codes before you turn off Requests will not be affected and must continue to be monitored by you.
You acknowledge and agree that Journerator will not be held responsible for any Requests which have been missed or unacknowledged due to your failure to monitor Requests made via the App or through QR Codes.

4.2 offences

You acknowledge and agree that:

you must notify Journerator if you become subject to any criminal proceedings or malpractice in relation to your restaurant or hospitality business (Criminal Proceedings); and
Journerator will not be held responsible for any action relating to the Criminal Proceedings.

5. FEES

5.1 TRIAL

We may offer a no cost trial which will allow you to access our Services for a period of either 7 days or 14 days (Trial). If at the end of the Trial, you do not make a payment, then your Trial will end. If you wish to continue using your Business Account and the services associated with it, you must make payment in accordance with clause 5.2.

5.2 SUBSCRIPTION

A Business Account is available to use via a paid subscription (Subscription). We also have different subscription periods, for example, monthly or annual subscriptions (Subscription Period). Details of the Subscriptions as well as the associated fees for each (Subscription Fees) will be set out on our App and the Key Details form.
The Subscription Fees may be paid via the App or as otherwise notified by us to you, depending on our current prices and billing processes.
Your Subscription will continue to renew automatically at the end of each Subscription Period, and you will continue to be charged Subscription Fees unless you cancel your Subscription in accordance with clause 6.

5.3 GENERAL

(When Subscription Fees are due) You must pay the Subscription Fee at the beginning of each Subscription Period. You may choose your preferred Subscription Period via the App.
(Automatic recurring billing) Your Subscription will continue to renew after the end of each Subscription Period, indefinitely, and you must pay Subscription Fees in respect of each Subscription Period in advance, unless you notify us before the end of the then current Subscription Period that you want to cancel your Subscription. Otherwise, we will continue to automatically charge the Subscription Fees from your nominated account at the beginning of each Subscription Period. We will not refund any fees if you fail to cancel your Subscription. You acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to the cancellation of your Subscription.
(Failure to pay) If Subscription Fees are not paid when they are due, we may revoke your Business Account and require payment for you to continue accessing the App and the Services.
(Third Party Payment Provider)WWe use third-party payment providers (Payment Provider) to collect Subscription Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(Credit card surcharges) We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Changes to Subscription Fees) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.

6. CANCELLATION

6.1 CANCELLATION BY YOU

You are responsible for the cancellation of your Business Account. You can cancel your Business Account at any time by using the functionality provided in the App.

6.2 CANCELLATION BY JOURNERATOR

To the extent permitted by law, we reserve the right to terminate your access to your Business Account and other services associated with your Business Account at any time without notice, for any reason, provided that we refund you any Subscription Fees you have paid for any unused portion of the Subscription Period.
We may also terminate your access to your Business Account and other services associated with your Business Account at any time without notice, without issuing a refund, if you breach any provision in these terms.

6.3 CANCELLATION BY CUSTOMERS

You acknowledge and agree that Journerator takes no responsibility for:
- any cancellations by Customers or No Shows.
- a dispute between you and a Customer regarding the cancellation of a Request or Confirmed Booking.
You may request a deposit from a Customer if you wish to secure a Confirmed Booking or Request (Security Deposit) however, Journerator is not responsible for any disputes, complaints, cancellations or refunds associated with a Security Deposit.

7. WARRANTIES

By representing yourself as a Restaurant Owner on the App, and using our Services, you represent and warrant that:

you will provide services to each Customer:
- using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
- in compliance with all applicable laws; and
any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

Part C - Customers

1. CUSTOMER ACCOUNT

To make a Request you are required to sign up to an account via the App in accordance with clause 2 of Part A (Customer Account).
You are not required to create a Customer Account to join a waitlist using a QR Code.
All Customer Accounts are free to create.

2. CANCELLATIONS

You can cancel a Request or Confirmed Request at any time by using the functionality in the App or by directly calling the Restaurant Owner.
If Journerator decides to investigate your cancellation, you must provide assistance and information to Journerator as reasonably requested.
The consequences of cancelling or, where applicable, failure to show up for, a Request or Confirmed Request will depend on the cancellation policy and refund policy of the relevant Restaurant Owner.
You acknowledge and agree that Journerator will have no liability or obligation to you:
- if a Restaurant Owner cancels a Request or Confirmed Request after it has been agreed;
- if you cancel or, where applicable, failure to show up for, a Request or Confirmed Request.

3. REMINDERS

By making a Request, you consent to receiving email and in App reminders for us to keep you informed about your Request and/or Confirmed Request (Reminders).
You may unsubscribe from receiving Reminders at any time by providing us with written notice or using the unsubscribe functionality in the Reminders.

4. LINKED BUSINESSES

You acknowledge and agree that

the App provides introductions to Restaurant Owners owned and operated by third parties that are not under the control of Journerator;
the provision by Journerator of introductions to Restaurant Owners does not imply any endorsement or recommendation by Journerator of any Restaurant Owner;
Journerator does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Restaurant Owner who uses or is listed on the App; and
any terms and conditions relating to a Request provided via the App constitute an agreement between you and the Restaurant Owner once agreed in and does not involve Journerator in any way.

Welcome to Journerator!

WHAT PARTS OF THESE TERMS APPLY TO ME?

Part A - All Users

1. ELIGIBILITY

2. ACCOUNTS

3. SERVICES

4. USER OBLIGATIONS

5. POSTED MATERIALS

6. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

7. TECHNICAL FAULTS

8. SERVICE LIMITATIONS

9. INTELLECTUAL PROPERTY

10. THIRD PARTY CONTENT

11. THIRD PARTY TERMS

12. DISPUTES BETWEEN USERS

13. SECURITY

14. DISCLAIMER

15. CONFIDENTIALITY

16. PRIVACY

17. NOTICE REGARDING APPLE

18. TERMINATION

19. TAX

20. RECORD / AUDIT

21. NOTICES

22. GENERAL

Part B - Restaurant Owners

1. KEY DETAILS AND EXECUTION OF AGREEMENT

2. BUSINESS ACCOUNT REGISTRATION

3. RESTAURANT OWNER OBLIGATIONS

4. FEES

5. CANCELLATION

6. WARRANTIES

Part C - Customers

1. CUSTOMER ACCOUNT

2. CANCELLATIONS

3. REMINDERS

4. LINKED BUSINESSES

WHAT PARTS OF THESE TERMS APPLY TO ME?

Part A - All Users

1. ELIGIBILITY

2. ACCOUNTS

3. SERVICES

4. USER OBLIGATIONS

5. POSTED MATERIALS

6. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

7. TECHNICAL FAULTS

8. SERVICE LIMITATIONS

9. INTELLECTUAL PROPERTY

10. THIRD PARTY CONTENT

11. THIRD PARTY TERMS

12. DISPUTES BETWEEN USERS

13. SECURITY

14. DISCLAIMER

15. CONFIDENTIALITY

16. PRIVACY

17. NOTICE REGARDING APPLE

18. TERMINATION

19. TAX

20. RECORD / AUDIT

21. NOTICES

22. GENERAL

Part B - Restaurant Owners

1. KEY DETAILS AND EXECUTION OF AGREEMENT

2. BUSINESS ACCOUNT REGISTRATION

3. IPADS

4. RESTAURANT OWNER OBLIGATIONS

5. FEES

6. CANCELLATION

7. WARRANTIES

Part C - Customers

1. CUSTOMER ACCOUNT

2. CANCELLATIONS

3. REMINDERS

4. LINKED BUSINESSES

About Journerator APP