Wine and Dine Sydney and its affiliates (“Company”, “we” or “us”) welcome you to the Wine and Dine Sydney service, an online social platform available at www.wine-dine.com.au (hereinafter referenced to as: “Wine and Dine Sydney” or “Service”), who act as a facilitator for dinner parties, Bringing together hosts and guests. Wine and Dine Sydney connects hosts who offer their hosting skills, food and home facilities to guests seeking to participate in such food events. Each of Wine and Dine’s users, whether hosts or guests (“User” or “you”), are invited to use and enjoy Wine and Dine Sydney in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
By surfing, connecting to, accessing or using Wine and Dine Sydney, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person accessing or using Wine and Dine Sydney.
2. What is Wine and Dine?
Wine and Dine are social facilitators bringing together pre-arranged groups of males and females for an evening of roaming dinner parties. Wine and Dine is designed to enable users to offer their hosting skills, food and home facilities as hosts (“Host/s”) and allowing other Users to participate in food events of such Hosts as guests (“Guest/s”).
We, at Wine and Dine Sydney, take great measures to provide you with the best experience you can have while on a Wine and Dine Sydney event; However, Wine and Dine Sydney has no control over the conduct of any Hosts, Guests or any other User and disclaims all liability in this regard. Hosts and Guests are recommended to check with their respective Guests and Hosts all necessary details related to their requirements and evening.
Participating in food events such as home meals, personal chef cook services, dinner parties or other User’s activities as a result, directly or indirectly, from using Wine and Dine, is entirely at your own risk. The user has the sole and ultimate responsibility regarding compliance with all laws, regulation, religious duties (if and as promised by Host) or any other duty relating to the Dinner Party. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any Wine and Dine Sydney Event conducted by a User or a third party
3. Purchasing of Tickets and Attendance of Parties
By purchasing tickets to the Service, you affirm that you are 18 years of age or older and that you accept the Terms. If you are under 18 years of age you may not use the Service on behalf of yourself or any other person or entity, and you must not provide Wine and Dine Sydney with any of your personal details.
We, at Wine and Dine Sydney, take great measures to provide you with the best experience you can have while using Wine and Dine Sydney; However, Wine and Dine Sydney has no control over the conduct of any Hosts, Guests or any other User and disclaims all liability in this regard. Hosts and Guests are recommended to carefully and thoroughly examine and check with their respective Guests and Hosts all necessary details related to their Event. Hosts and guests must disclose any special requirements at the time of purchasing tickets. If guests have any special dietary or religious requirements they must make the host aware of this.
4. Fees and Payments
As a participant, in order to purchase a ticket, you will be requested to provide the Ticketing Company with additional personal information, such as home address, phone number, etc. Note that we will not disclose any of your personal information to others, except for your name, contact details and the Contact Form you filled in, in order to place your Reservation with the respective Hosts and to provide you with the Service.
5. Cancellation of Reservation
There are no refunds issued for the ticket if the purchaser decides they no longer wish to participate in the event.
The Company reserves the right to cancel a Reservation at any time upon returning full refund of Reservation Amount to the Guest.
Wine and Dine Sydney shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Host’s or Guest’s cancelation of a Reservation of Food Event.
In the event of Wine and Dine cancelling the event a full refund shall be issued for all tickets purchased.
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use Wine and Dine Sydney.
To enjoy Wine and Dine Sydney’s Service you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using Wine and Dine Sydney. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using Wine and Dine Sydney, we will prohibit and block such User from accessing Wine and Dine Sydney and will make all efforts to promptly delete any Personal Information with regard to such User.
8. Use Restrictions
There are certain conducts which are strictly prohibited on Wine and Dine Sydney. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to Wine and Dine Sydney and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
• Use Wine and Dine Sydney for any illegal, unlawful or unauthorized purposes;
• Use Wine and Dine Sydney in any form of spam, unsolicited mail or similar conduct.
• Use Wine and Dine Sydney for non-personal or commercial purposes other than as a Host without Company’s express prior written consent;
• Interfere with or violate other Users’ rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access Wine and Dine Sydney and retrieve, index and/or data-mine any information;
• Interfere with or disrupt the operation of Wine and Dine Sydney or the servers or networks that host Wine and Dine Sydney, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
• Post, publish, or otherwise make available through Wine and Dine Sydney any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive;
• Impersonate any person or entity or provide false information on Wine and Dine, whether directly or indirectly;
• Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about Wine and Dine Sydney;
• Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;
• Bypass any measures we may use to prevent or restrict access to Wine and Dine Sydney;
• Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of Wine and Dine Sydney in any way;
• Create a browser, frame, border environment or GUI around Wine and Dine Sydney;
• Link, including in-line linking, to elements on Wine and Dine Sydney, such as images and videos, independently from the web pages of Wine and Dine Sydney on which they originally appear;
9. Intellectual Property Rights
Wine and Dine Sydney and the Intellectual Property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of Wine and Dine Sydney), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, “Intellectual Property”), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Wine and Dine Sydney proprietary rights, including the Service’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Wine and Dine Sydney, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Wine and Dine Sydney marks and logos, whether registered or not.
10. Links to Third Party Websites
The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside Wine and Dine Sydney. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
12. Changes to Wine and Dine Sydney
The Company may change Wine and Dine Sydney’s layout and design from time to time, and the availability of the content and services included therein, without giving any prior notice on Wine and Dine Sydney. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
13. Limitation of Liability
THE USE OF WINE AND DINE SYDNEY AND PARTICIPATION IN ANY FOOD EVENT IS SOLELY AT YOUR OWN RISK. EXCEPT AS PROVIDED HEREIN, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF WINE AND DINE OR ANY FOOD EVENT, OR THE USE OR INABILITY TO USE WINE AND DINE, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO YOUR RESERVATION FEES.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of Wine and Dine Sydney; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to Wine and Dine Sydney . It is hereby clarified that this defense and indemnification obligation will survive these Terms.
15. Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behaviour, please report immediately such person to the appropriate authorities and to Us; provided your report will not incur any liability Company’s email address for reporting any misconduct is specified below.
Email: [email protected]
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material (including URL address); (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s Copyright Agent can be reached through the address specified above.
16. Amendments to the Terms
The Company may change the Terms from time to time and any other policies incorporated thereto. Substantial changes will be first notified at Wine and Dine Sydney’s homepage. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect even immediately, or as required by the law and without any prior notice. You hereby agree and acknowledge to accept any and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use Wine and Dine Sydney after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.
17. Service Termination
Additionally, the Company may at any times, at its sole discretion, cease the operation of Wine and Dine Sydney or the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of Wine and Dine Sydney’s operation and loss of any data, including User Generated Content, as a result, as long as your pending reservation is handled properly.
For information, questions or notification of errors, please contact us at: [email protected]