Terms of Use
This page sets out the terms and conditions for which Vnyou Pty Ltd (ACN 655 625 540) provides Services through our Website. In these Terms, “we”, “us” “our” or “Vnyou” means Vnyou and “you” or “the user” refers to any individual who uses our Website or our Services.
1. Definitions
In these Terms:
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Claim any claims, actions, causes of actions, suits, demands, proceedings, however so arising whether at law, in equity or under any statute.
Content means all information, data, materials, text, reviews, opinions, images, graphics, videos, clips, software and material that is accessible and available on the Website, as provided by us or any venue, establishment or third party and encompasses various elements that contribute to the overall experience of using the Website.
Intellectual Property means statutory and other proprietary rights in respect of copyright and all rights in relation to inventions, patents, registered and unregistered trade marks, registered and unregistered designs and confidential information.
Linked Sites means links to other websites that are not owned or controlled by Vnyou.
Services means the services which are offered by us in connection with this Website and means the features, functionalities and capabilities provided by the Website in relation to facilitating the search, exploration and recommendation of venues and establishments based on various criteria inputted by you.
Terms means these Terms and Conditions for the use of our Services. Vnyou means Vnyou Pty Ltd (ACN 655 625 540).
Website means the Vnyou website and any app, mobile application or mobile website through which users access our Services.
2. Acceptance and Amendment
2.1. Please consider these Terms carefully, as by accessing this Website and using any part of our Services, you are agreeing to these Terms which may be updated by us from time to time, effective upon notification on this Website.
2.2. Please check this page regularly to take notice of any updates we have made to these Terms. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
3. Access
3.1. Access to this Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice.
3.2. We will not be liable if, for any reason, this Website is unavailable at any time or for any period and from time to time we may restrict some parts or all of this Website.
4. Registration and Eligibility
4.1. You must be at least eighteen (18) years old to access and use this Website, our Services or to create an account with us.
4.2. If you register an account with us, you agree to provide accurate and complete registration details.
4.3. We reserve the right to suspend, disable or cancel your account which means you will no longer have access to the Services.
5. Content
5.1. We obtain our Content, information and data from various sources, including other websites. While we strive to ensure the accuracy, completeness, and currency of the information provided, we cannot warrant or guarantee the accuracy or reliability of the Content obtained from any external sources, or the availability of specific features or inclusions at each venue or establishment.
5.2. We make reasonable efforts to verify the data obtained from other sources and present it to the best of our ability. However, due to the dynamic nature of the hospitality industry, information may change rapidly, and discrepancies or inaccuracies may occur.
5.3. You acknowledge and agree that the Content displayed on the Website, including but not limited to venue details, features, amenities, operating hours, pricing, food and beverage information, contact details and other related information, is provided for informational purposes only. It is recommended that users independently verify any information directly with the respective venues and eating and drinking establishments before relying on it.
5.4. We encourage you to provide feedback or report any inaccuracies encountered on the Website to help improve the overall quality and reliability of the information provided.
6. Linked Sites
6.1. This Website may contain Linked Sites which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them, or for any loss or damage that may arise from your use of them.
6.2. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
7. Use of Website and App
7.1. You agree to use the Services only for:
a) personal use and not commercial use; and
b) for purposes that are permitted by these Terms and consistent with any applicable laws or regulations.
7.2. You agree that you will not misuse this website by:
a) committing or encouraging to commit a criminal offence;
b) transmitting or distributing a virus, trojan, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
c) hack into any aspect of the Website; corrupt data or cause annoyance to other users;
d) infringe upon the rights of any other person's proprietary rights, including Intellectual Property rights;
e) send any unsolicited advertising or promotional material or spam; or
f) attempt to affect the performance or functionality of any Services accessed through this Website.
7.3. We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your mobile device, computer equipment, computer programs, devices, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
8. Intellectual Property and Software
8.1. All Content, whether user-generated, Vnyou’s proprietary Content, or third-party Content, is protected by copyright, trade mark, and other Intellectual Property laws. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or creating derivative works based on the Content without obtaining appropriate permissions or licenses from the respective rights holders, nor may you use any such Content in connection with any business or commercial enterprise.
8.2. Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and Content, services and locations featured on our Website are in no way associated, linked or affiliated with Vnyou and you should not rely on the existence of such a connection or affiliation. Any trade marks or names featured on this Website are owned by the respective trade mark owners.
9. Disclaimer of liability
9.1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the Content displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
9.2. To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Website or the Linked Sites and any Content posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
10. Linking to this Website
10.1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you.
10.2. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.
11. Indemnity
11.1. You agree to indemnify, defend and hold harmless Vnyou, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party Claims, liability, loss, damages or costs arising directly or indirectly with:
a) your use of this Website;
b) your use of the Services; and
c) your breach of these Terms.
12. Privacy Policy
12.1. Our privacy policy, which sets out how we will use your information, can be found at https://www.vnyou.com.au/privacy-policy.
12.2. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
13. Variation
Vnyou has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
14. Waiver
Except as may be otherwise provided in these Terms, the failure or delay by a party in exercising any of its rights or remedy under the terms these Terms will not constitute a waiver of the right or remedy or prevent any further exercising of the right or remedy. On the contrary, such right or remedy shall remain in full force and effect.
15. Severance
If any provision of these Terms is prohibited by law or held by a Court to be unlawful, void or unenforceable, the provision must, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and must not in any way affect any other circumstances of or the validity or enforcement of these Terms.
16. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments, by contacting us at info@vnyou.com.au.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning these Terms are to be resolved by the Courts having jurisdiction in Victoria.