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Terms Of Use

This Site
QT Hotels and Resorts Pty Limited (ACN 140 595 624) (the Company) operates this Site and these Terms of Use (including the Conditions of Sale) govern your use of this Site. In these Terms of Use the Restaurants include Parlour Cucina at QT Sydney, Capitol Bar & Grill at QT Canberra, Yamagen at QT Gold Coast, QTea at QT Gold Coast and Santini Bar & Grill at QT Perth as well as other restaurants which are operated by the Company or its related bodies corporate and accessible through this Site.

Use of this Site
By accessing this Site, irrespective of the method or platform by which you access and use this Site, you irrevocably agree to be bound by these Terms of Use including the Conditions of Sale and Refund Policy.

Children under the age of 16 may not purchase any product or service from this Site and must obtain the permission and assistance of their parent or guardian to do this. You warrant that your use of this Site complies with all applicable laws and these Terms of Use and you unconditionally indemnify the Company for any breach of this. The Company reserves the right to deny access to this Site for any conduct that in its discretion it believes is unlawful or breaches these Term s of Use.

In using this Site, you must not:

  • Disrupt the operation or security of this Site or any accounts, servers, or networks connected or accessible through this Site;
  • Use this Site in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Site;
  • Submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise breaches any applicable law;
  • Submit any material of any kind which infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other intellectual property right without first obtaining the permission of the owner or relevant right holder;
  • Submit any material of any kind which contains a virus or other harmful component;
  • Delete any author attribution, legal notices, or proprietary designations or labels in any material that is submitted;
  • Modify or delete any content on this Site or add any content to this Site; or
  • Attempt to gain unauthorised access to any part of this Site.

The Company reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which breach any applicable or relevant law.

Conditions of Sale
If you purchase any product or service through this Site, you agree to be bound by the Company’s Conditions of Sale and Refund Policy.

Privacy Policy
The Company respects your right to privacy and has policies and procedures in place to ensure that all personal information collected by the Company is handled sensitively, securely and in accordance with regulatory requirements. The Company’s Privacy Policy is available at www.qthotelsandresorts.com/privacy-policy. By using this Site or by purchasing any products or services from this Site, or by submitting any information to this Site, you agree to the collection and use by the Company of your personal information in accordance with the Company’s Privacy Policy.

Competitions
From time to time, the Company will run competitions on this Site and you agree to review and be bound by the terms and conditions of each competition you enter.

Advertising and Other Links
This Site may contain links to third party controlled websites (Linked Websites) including for advertising which, unless expressly stated on those Linked Websites, are not controlled by the Company. The Company is not responsible for the content, nor does the Company warrant the accuracy of the content on Linked Websites and you agree that your use of Linked Websites and the content contained is entirely at your own risk. You also agree that the Company is not liable or responsible for any goods or services provided by third parties that operate Linked Websites.

Promotional Offers
From time to time, promotional offers (Offers) may be available on this Site. You acknowledge that these may not be able to be used at all the Restaurants and your use of these Offers is subject to availability of the goods or services offered as well as any other additional conditions attached to the Offers.

Restaurant Information
This Site may contain Restaurant information such as food and beverage products and services which the Company understands is correct at the time of posting however is subject to change. The Company does not guarantee the accuracy of the Restaurant information but will use its reasonable efforts to keep the details accurate.

Intellectual Property Rights

  • As between you and the Company, you agree that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to this Site are owned by the Company (or its licensors, sponsors, suppliers or related bodies corporate). Apart from the personal, non-commercial use of the content of this Site, you must not do any of the following unless you have received the prior written permission of the Company: reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on this Site (including without limitation any underlying source code or other data);
  • interfere with, or attempt to interfere with, the proper working of this Site, (including, for example, by making excessive traffic demands on this website); or
  • reproduce the Company’s trademarks or logos on another website.

Material You Upload onto Site
For any material you upload onto this Site or submit to the Company through this Site including on forums, review websites or participation in competitions, you warrant that you are the owner of this material or have obtained all necessary licences to use this material and that your use of this material complies with all applicable laws, for instance the material will not defame or vilify any person. You grant the Company a perpetual, irrevocable and royalty free licence to use this material for the purposes it was provided to the Company and consent to any acts by the Company which would otherwise be an infringement of your moral rights.

Severability
If any part of these Terms of Use is held to be illegal or unenforceable by a court of law, you agree to allow the Company to amend that part to the minimum extent necessary to make that part legal and enforceable. If that is not possible, that part will be severed from the Terms of Use with all other parts remaining in full force and effect.

Security and Anti-Fraud Measures
From time to time the Company may use techniques designed to identify fraudulent activities on this Site. You agree to cooperate with such efforts as the Company in its discretion deem necessary and further agree that if you or any others acting on your behalf are suspected of fraud or any other breach of these Terms of Use, the Company may immediately terminate your right to access and use this Site.

Cookies
The Company uses cookie and other technology to track your use of this Site and to enhance your online experience. You can disable cookies via your browser settings.

Supply of Alcohol
Certain Restaurants are licensed to serve alcoholic beverages. The Company supports the responsible service of alcohol. The Company reserves the right to check the identification of any customer who wishes to purchase alcoholic beverages at the Restaurants or from this Site or at the point of collection or delivery of any alcoholic beverages.

Limitation of Liability
You acknowledge and agree that unless required by law, and without limiting the Australian Consumer Law or the Consumer Guarantees, this Site and its content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Site and the material contained on this Site at your own risk and to the extent permitted by law, you agree that the Company (including its related bodies corporate and affiliates), its directors, officers, employees and agents exclude all liability to you or any other person including for any consequential loss or damage including indirect, incidental or special damages, or loss of business or profits, which results from your use or access of this Site and the material contained on it.

The Company’s maximum liability to you for any failure to comply with a Consumer Guarantee is limited to, at the Company’s election, either the replacement or re-supply of the relevant products or services or a refund of the price you paid for the relevant products or services.

Amendment
The Company may amend these Terms of Use including the Conditions of Sale from time to time in its absolute discretion and you agree to be bound by that variation from when it appears on this Site. You understand and agree that if you use the Site after the date on which the Terms of Use have changed, the Company will treat your use as acceptance of the updated Terms of Use.

Governing Law
The Terms of Use are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Complaints and Dispute Resolution
If you have a complaint about these Terms of Use including the Conditions of Sale, please contact us at [email protected].

Modifications To The Service & Prices
Advertised prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue any product offering or any service (or any part or content thereof) without notice at any time (however price changes will not apply after you have placed an order).
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products & Services
Certain products or services may be available exclusively through this Site. These products or services may have limited quantities and may be subject to return or refund only in accordance with our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on this Site. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited by law.

Our prepared food and beverage products are prepared in a kitchen whose environment contains eggs, fish, milk, peanuts, sesame, crustaceans, soy, nuts, tree nuts, gluten, lupin and sulphites. Though best practices are used in preparation and packaging processes, inadvertent cross-contamination may occur. We cannot guarantee the complete absence of these allergens nor do we warrant that they are free of these allergens.

Whilst our food transportation packaging is well insulated and the contents chilled with cold packs, it is important that perishable items are placed into the fridge as soon as possible after delivery to help guarantee their quality and safety.

We are unable to make any dietary or other amendments to our QT At Home dining or beverage products.

It is solely up to you, the purchaser and consumer, to ascertain if our products contain allergens that are detrimental in any way to your health or the health of any person who may consume any part of our at home dining or beverage products.

Our at home dining products are restaurant quality and are designed to be eaten when received.

If your order contains fresh seafood, please ensure those items are consumed as soon as possible to ensure freshness and is appropriate for consumption.

GST
GST applies to the purchase of services from this Site and will be charged at the time of purchase.

Force Majeure
The Company will not be in breach of this Agreement and will not have any liability to you whatsoever in respect of your order if it is prevented from complying with any of its obligations in relation to that order or these Terms and Conditions by reason of Force Majeure. “Force Majeure” means any act, event or circumstance beyond the reasonable control of the Company including without limitation, casualties, war, rebellion, revolution, blockades, riots, insurrection, strikes, lockouts, labour or industrial problems, civil unrest, embargoes, domestic or international disturbance, acts of terrorism, outbreak of disease, virus, pandemics or epidemics, world and/or regional health threats, loss or substantial reduction in major airline services, governmental actions or delays, fire, hurricanes, earthquakes, storms, floods, other natural catastrophes or severe weather conditions or acts of God, travel or health advisories, orders or recommendations issued by any relevant government authorities or international bodies or agencies, or damage or destruction of the Restaurant or product delays or issues caused by the Company’s suppliers.

In the event of Force Majeure the Company has the right to immediately terminate your order at the Restaurant and will refund any deposits or amounts paid by you as your sole remedy.

No Re-Sale or Promotional Use
Products or services obtained from this Site (including vouchers) may not be re-sold, on-supplied or transferred for commercial, consumer or promotional purposes, bundled with other goods and services or used for promotional purposes without the Company’s prior written consent.

Terms of Use
These Conditions of Sale form part of the Terms of Use and clauses in the Terms of Use apply in the Conditions of Sale as the context requires. If there is any contradiction between the Conditions of Sale and the Terms of Use, then the Terms of Use shall take precedence.

Last Updated 19 November, 2020

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