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Host & Guest Terms and Conditions

By clicking ‘I AGREE TO THE HOST & GUEST TERMS AND CONDITIONS’ you agree to enter into these terms and conditions which, together with the Website Terms of Use on our Website, our Privacy Policy and any other documents incorporated by reference into this agreement, constitute a contract between you and Halo Dining Pty Ltd (ABN 60 641 365 773) (“Halo Dining”, “we”, “us”, “our”).

This contract applies to you in your capacity as a Host or as a Guest, whichever may be the case.

We may update these Host & Guest Terms and Conditions from time to time, and the updated terms and conditions will apply from the date they are published on our Website and each time you accept them by clicking ‘I AGREE TO THE HOST & GUEST TERMS AND CONDITIONS’.

“Guest” is a person invited by a Host to a dining experience.

"Host” is a person who uses our platform to seek to be introduced to a Partner Restaurant so as to then make an offer to the Partner Restaurant for the Partner Restaurant to provide a dining experience to the Host and its Guests at the residence of, or a location nominated by, the Host.

“Partner Restaurant” is a restaurant that lists its menu on our Website and offers to provide Services directly to Hosts and their Guests introduced to it via our platform.

“Service Fee” means the fee we charge a Host to use our platform, being 14.5% of the Total Booking Fee plus GST.

“Total Booking Fee” means the total fee payable by the Host and includes:

  • the cost of yours and your Guest’s meal and other selections as requested on our platform and

  • a delivery and service fee.

Nature of Services

We are providing you with access to our platform whereby through our introduction service, Hosts can seek to offer to book Partner Restaurants and invite Guests to a dining experience. You are entirely responsible for all meal selections and personal information you provide to us about you and any third parties (including Guests) and permit us to use that information in accordance with our Privacy Policy.

We reserve the right to not accept your introduction request, as well as to reject, revise, or discontinue any menu listing or Partner Restaurant at any time and for any reason in our sole discretion without reference or warning to you.

We are not providing the Services to you, but are providing you with access to a platform to enable you to make an offer to a Partner Restaurant for you to procure the Services from them on your behalf and on behalf of your Guests, pursuant to a separate agreement with have with each Platform Restaurant.

To access and use our platform, or accept an invitation to be a Guest, you need to register with us and set up an account with your e-mail address and a password. You are solely responsible for maintaining the confidentiality of your login details, and you are liable for all activities that happen under your account, even if you do not authorise such activities. We grant you a non-exclusive, world-wide, non-transferable licence to use our platform and the Website solely for your personal, non-commercial use, in accordance with this contract.

In seeking to be introduced to a Partner Restaurant, we enable you to offer to make a reservation with a Partner Restaurant, and you understand and agree that we will communicate your reservation request to a Partner Restaurant. If the Partner Restaurant accepts your booking, you will be notified and then a legally binding contract will immediately be formed between you and the Partner Restaurant (and we will not be a party to that contract) whereby the Services you have requested will be supplied by the Partner Restaurant to you. That may include some or all of the following:

  • a personalised menu for your event(s)

  • all grocery shopping required to prepare the meal(s)

  • meal preparation and presentation and

  • kitchen clean-up to the standard you provided

(hereafter referred to as the “Services”).

If the Partner Restaurant accepts your booking, all communications regarding the Services will be between you and the Partner Restaurant direct, and our involvement will be limited to the terms referred to herein.

You agree and accept that our platform only provides you with an introduction service to a Platform Restaurant and no other Services. We have no responsibility for the actions or inactions of the Platforms Restaurants or the third-party payment gateway, who are third parties and not in any way related to us.

We do not guarantee the completeness, accuracy, nature, quality, currency or reliability of the Services to be provided to you by a Partner Restaurant or published by us on our Website. You must make your own investigations and satisfy yourself. The Partner Restaurant is solely responsible for providing the Services to you and we make no representations or warranties thereto, to the extent permitted by law.

We do not supply, provide, manage or control the Partner Restaurants or the dining experience. If you decide to book a Partner Restaurant, a third-party payment gateway will be used to facilitate all payment transactions. The Partner Restaurant is solely responsible for providing the dining experience to you and your Guests. If you have any enquiries about dining experience, you must contact the relevant Partner Restaurant and not us.

Your legal rights in connection with the provision of dining and your food experience are solely with the Partner Restaurant that provides the Services and not us. We do not and will not provide the Services. Specifically, if, for any reason, any Partner Restaurant is unable to provide the dining experience or is unable to comply with the terms of your contract with them, your rights are only against the Partner Restaurant and not against us and you irrevocably waive all rights to make a claim or seek any legal rights or remedies against us.

You represent and warrant to us that:

  • you have the legal capacity to enter into this contract and are over the age of 18 years

  • you have obtained the consent of your guests to provide their personal information to us

  • you have read and agree to this contact and

  • you have complied with all applicable laws.

Fees and Payment

  • Upon using our platform to be introduced to a Partner Restaurant to make your offer, a third-party payment gateway will be used by the Host and a pre-authorisation process will occur whereby a Host guarantees the minimum spend of a Partner Restaurant.

  • If your offer is then accepted by a Partner Restaurant, the Host irrevocably authorises:

    • the Service Fee to be immediately released to us and

    • the Total Booking Fee less our Service Fee, to be released to the Partner Restaurant, at a date to be nominated by us, which date and time is to be no earlier than 24 hours after the scheduled completion date and time of your event as first notified by you to us when you used our platform.

  • If a reservation is not accepted by a Partner Restaurant, the pre-authorisation will be released.

  • If you cancel your reservation after acceptance by the Partner Restaurant but before the event you may be entitled to a refund if any of the below applies:

    • if you cancel more than two days before your event, the Host will be entitled to a refund of the pre-authorisation amount. The Service Fee will be retained by us

    • if you cancel less than two days before the event, the Host will be entitled to a 50% refund of the Total Booking Fee less the full amount of our Service Fee.

  • If the Partner Restaurant cancels your reservation after acceptance your only rights are as against the Partner Restaurant. You have no rights and waive all claims against us, including but not limited to a refund of our Service Fee which is non-refundable, to the extent permitted by law.

  • You are not entitled to any refund if you reduce the number of Guests attending your event within 48 hours of the event.

  • If you wish to increase the number of Guests or make any other changes to your dining experience, you must exclusively liaise with the Partner Restaurant via the platform in relation thereto, including in relation to any additional fees that may be payable by you.

Disputes

If you have any dispute or disagreement with the Partner Restaurant you must notify us in writing before the expiration of 24 hours after the scheduled completion date and time of your event as first notified by you to us when you used our platform.

Subject to your strict compliance with notifying us as stated above, we will use our reasonable endeavours to request the payment gateway to not release the Total Booking Fee less our Service Fee, to the Partner Restaurant, for a period no shorter than 7 days after the date of your notice so as to enable you to attempt to resolve the dispute or disagreement with the Partner Restaurant.

Unless, prior to the expiration of said 7-day period, we receive a written direction from the Partner Restaurant to refund you in whole or in part, you irrevocably authorise and fully release the Total Booking Fee less our Service Fee to the Partner Restaurant.

Any further communications in relation to the dispute or disagreement and your rights and obligations will thereafter be solely held between you and the Partner Restaurant.

Indemnification

You shall indemnify, defend and hold harmless us, and our managers, employees and contractors, from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and solicitor’s fees and costs (on a full indemnity basis), that we may incur or suffer that result from your breach or failure to perform any of the obligations set forth in this contact, and from your negligence or any wilful act, or the negligence or wilful act of any of your Guests, associates, or related parties.

The acts and omissions of you and any of your Guests are deemed to be the acts and omissions of you, and you are fully liable for your Guests and ensuring that they comply with this contract.

You are solely liable for any loss or damage to person or property arising from the use of the Services by you and your Guests.

For the avoidance of doubt, we are not liable for any loss or damage caused by you, your Guests or the Partner Restaurants.

Limitation of Liability

The introduction provided by or through us to the Partner Restaurant is done so entirely at your risk.

We shall be under no liability to you for any loss or damage resulting from any defect in the services, food or dining experience, the Services provided or not provided to you or your Guests by the Partner Restaurant, or the failure of any equipment or supplies.

We are not liable, and you agree to hold us harmless, for any injuries, death, loss, damage, cost or expense of any kind suffered by you, your Guests or any other person sustained as a result of the Services, including but not limited to any injury resulting from the action or inaction of the Partner Restaurant, or sickness from any food prepared. It is your sole obligation and responsibility to ascertain and disclose the potential of yours or your Guest’s for allergic reactions and health issues, and your obligation to affirmatively discern from the Partner Restaurant what ingredients pose or may pose a threat.

In any event, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with this contract, including any breach by us of this contract however arising, is limited to the Service Fee.

Nothing in this contract limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Disclaimer & Release

You acknowledge and agree that your use of our platform and Website is at your own risk.

Our platform and Website is provided on an "as-is" and "as available" basis. While every effort is taken to ensure the content on our platform and Website is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the content for any purpose.

Subject to the other terms of this clause and the maximum extent permitted by law, we expressly exclude all warranties.

You acknowledge and agree that:

  • we are not responsible for any introduction we facilitate for you, your Guests or the actions or inactions of any Partner Restaurant

  • you assume total responsibility for your use of our platform, the Services and the actions of you and your Guests

  • we are not a party to any transaction arising or entered into between you and a Partner Restaurant. As a result, we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of the Services.

In the event that you have a dispute with a Partner Restaurant, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute and the Services.

This disclaimer applies to the fullest extent permitted by law and shall survive any termination or expiration of the contract or your use of the Services.

This contract may be produced and relied upon as a complete defence to any claim made against us.

Alcohol

If alcohol is to be served or made available at your dining experience, it is to be done either under yours and/or the Partner Restaurant’s strict direction and control and only to those who are of legal age.

We are not liable, and you agree to hold us harmless and fully indemnify us, for compliance with all liquor licencing and all other laws, obligations, rights and responsibilities relating to the supply and service of alcohol.

Reviews

You may be given an opportunity to review the Partner Restaurant and your experience of the event. Any review you give must be honest and accurate and not contain unlawful or objectionable content.

We reserve the right not to publish reviews (and/or attribute or not attribute them to you), as well as to amend the content of any review at any time and to remove reviews without notice at our sole discretion.

We do not make any representation or warranty as to the accuracy or reliability of any opinion or content that is published in any review.

You agree that we are not liable for the content of your review and that you are solely responsible for the content of any review you provide.

Miscellaneous Provisions

  • If a court holds any provision of this contract to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.

  • We shall be liable by reason of any failure or delay in the performance of the Services for any reason whatsoever including but not limited to on account of the weather, power outages, natural disasters, acts of God, war, governmental action labour conditions, or health related events.

  • This contract is entered into and is to be performed, and/or deemed performed, in New South Wales, Australia. Any dispute arising from the relationship between the parties to the contract, shall be governed by NSW law regardless of any conflict of law provisions. The parties expressly submit to the jurisdiction of the courts of NSW.

  • No waiver or amendment, including those by custom, usage of trade or course of dealing, will be effective unless in writing. One party’s waiver of any default or breach under this contract by the other shall not constitute a waiver of any subsequent default or breach.

  • The rights and obligations of the parties under this contract shall survive any termination of this contract to the extent necessary to protect the rights and enforce the obligations of the parties.

  • You agree that this contract may not be construed adversely against us solely because we prepared it.

  • This contract comprises the entire understanding and agreement between you and us with respect to the subject matter hereof.

  • Nothing in this contract or your use of our platform or Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between you and us.