These 'Make Booking Online' Terms of Use (this “Agreement”) apply to your access or use of the 'Make Booking Online' websites, mobile sites, and applications (collectively, the 'Make Booking Online sites') and the content, features, and services (the “Services”) made available by 'Make Booking Online'.
In this Agreement, ‘Make Booking Online’ and “we” mean the ‘Make Booking Online’ company that is providing the Services to you, and with whom you are entering into this Agreement, which depends on the country in which you reside. The terms “User” and “you” mean any user of the Services. This Agreement incorporates “Make Booking Online’s” standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Make Booking Online Policies” ).
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services.
‘Make Booking Online’ may update or revise this Agreement (including any ‘Make Booking Online’ Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below).
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text message based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. ‘Make Booking Online’ does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the ‘Make Booking Online’ Site, and some features and portions of the ‘Make Booking Online’ Site (including, but not limited to, making, modifying, or cancelling reservations) may not be accessible with JavaScript disabled.
‘Make Booking Online’ reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the ‘Make Booking Online’ Sites, Businesses/Shops, and/or Merchants. ‘Make Booking Online’ shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “‘Make Booking Online’ Content”) are provided to User by ‘Make Booking Online’ or its partners or licensors solely to support User’s permitted use of the Services. The ‘Make Booking Online’ Content may be modified from time to time by ‘Make Booking Online’ in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the ‘Make Booking Online’ Content by User shall constitute a material breach of this Agreement. ‘Make Booking Online’ and its partners or licensors retain all rights in the Services and ‘Make Booking Online’ Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of ‘Make Booking Online’ or any third party is granted under this Agreement.
Subject to the terms and conditions of this Agreement, ‘Make Booking Online’ grants User a non-exclusive, non-transferable, revocable license to use the ‘Make Booking Online’ mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
The Services and ‘Make Booking Online’ Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. ‘Make Booking Online’ expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). ‘Make Booking Online’ reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or ‘Make Booking Online’ Content, except as expressly authorized by ‘Make Booking Online’; (2) take any action that imposes or may impose (in “Make Booking Online’s” sole determination) an unreasonable or a disproportionately large load on the Services or “Make Booking Online’s” infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or ‘Make Booking Online’ Content to a third party; (5) use any portion of the Services or ‘Make Booking Online’ Content to provide, or incorporate any portion of the Services or ‘Make Booking Online’ Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to ‘Make Booking Online’); (7) modify any Services or ‘Make Booking Online’ Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or ‘Make Booking Online’ Content; (9) use the Services or ‘Make Booking Online’ Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or ‘Make Booking Online’ Content or access or use the Services or ‘Make Booking Online’ Content for competitive analysis or benchmarking purposes. Although the ‘Make Booking Online’ Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the ‘Make Booking Online’ Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the Australia. ‘Make Booking Online’ reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
‘Make Booking Online’ may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, ‘Make Booking Online’ may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any ‘Make Booking Online’ Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any accumulated dining points. You agree that ‘Make Booking Online’ shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which ‘Make Booking Online’ will have no liability whatsoever.
‘Make Booking Online’ may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, ‘Make Booking Online’ may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any ‘Make Booking Online’ Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any accumulated dining points. You agree that ‘Make Booking Online’ shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which ‘Make Booking Online’ will have no liability whatsoever.
The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own business/shop or any business/shop of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to ‘Make Booking Online’ may be displayed publicly with such User Content. ‘Make Booking Online’ reserves the right (but has no obligation) to monitor, remove, or edit User Content in “Make Booking Online’s” sole discretion, including if User Content violates this Agreement (including any ‘Make Booking Online’ Policies), but you acknowledge that ‘Make Booking Online’ may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant ‘Make Booking Online’ a non-exclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable (through multiple tiers, including to businesses/shops, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favour of ‘Make Booking Online’. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. ‘Make Booking Online’ takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by ‘Make Booking Online’ and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at “Make Booking Online’s” request) defend ‘Make Booking Online’, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “‘Make Booking Online’ Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
The Services may contain hypertext links to websites and applications operated by parties other than ‘Make Booking Online’. Such hypertext links are provided for User’s reference only, and ‘Make Booking Online’ does not control such websites and is not responsible for their content. “Make Booking Online’s” inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. ‘Make Booking Online’ assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service, including any license transferability and other usage rules therein.