In this Agreement, “OpenTable” and “we” mean Analytical Systems Pty Ltd trading as OpenTable Australia, and “User” and “you” mean any user of the Services. This Agreement incorporates OpenTable’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 “OpenTable Policies”).
By accessing or using the Services or 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.
OpenTable may update or revise this Agreement (including any OpenTable Polices) 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, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by OpenTable, any use of the Services (e.g., the use of the Reservation Services) is subject to the version of this Agreement in effect at the time of use.
Part I - Reservation Services
1. Restaurant Reservations. OpenTable provides the Reservation Services to User for the purpose of assisting User in securing dining reservations at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant reservation through the OpenTable Site or OpenTable Application, OpenTable directly contacts the Restaurant’s computerised database of reservations. The availability of reservations is determined at the time of User’s query. Once a reservation is made by User through the OpenTable Site or OpenTable Application, OpenTable will provide confirmation of the reservation to User by email. By using the Reservation Services, User agrees to receive reservation confirmations by email after booking a reservation through the Reservation Services.
If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, OpenTable will send you an email letting you know that our records indicate that you were a no-show. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case. Your Account will be terminated if you are a no-show for four reservations within a 12-month period. If you receive a no-show notification email in error, please click here for information on how to dispute it. User agrees that all final no-show determinations will be made by OpenTable in its sole discretion.
4. Usage Guidelines. User agrees to use the Reservation Services only to book reservations at Restaurants and then honour those reservations by arriving at the Restaurant(s) on time and ordering and paying for meals. User further agrees not to book more than one (1) reservation for User's personal use during any one meal time (e.g. lunch, dinner, etc.). User may be able to book multiple reservations through OpenTable's Administrative Assistant and/or Concierge programmes. Resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation of your reservations or termination of your access to the Services.
Part II – Terms for All Services
6. Your Account. You may (but are not required to) create an account with OpenTable through the OpenTable Site or OpenTable Application (“Account”) in order to use the Reservation Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the OpenTable registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorised by you. You agree to immediately notify OpenTable of any unauthorised use of your Account or any other breach of security related to your use of the Services.
9. Modifications to Services. OpenTable 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 OpenTable Site, OpenTable Application, Restaurants. OpenTable 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.
10. Intellectual Property Rights and Grant of Rights to User. 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 “OpenTable Content”) are provided to User by OpenTable or its partners or licensors solely to support User’s permitted use of the Services. The OpenTable Content may be modified from time to time by OpenTable 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 OpenTable Content by User shall constitute a material breach of this Agreement. OpenTable and its partners or licensors retain all rights in the Services and OpenTable Content and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of OpenTable or any third party is granted under this Agreement.
11. Application License. Subject to the terms and conditions of this Agreement, OpenTable grants User a non-exclusive, non-transferable, revocable license to use the OpenTable Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
12. Use Restrictions. The Services and OpenTable Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. OpenTable expressly reserves all its rights and remedies under applicable laws. OpenTable 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 robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any OpenTable Content, except as expressly authorised by OpenTable; (2) take any action that imposes or may impose (in OpenTable’s sole determination) an unreasonable or a disproportionately large load on the Services or OpenTable’s infrastructure; (3) utilise 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 OpenTable Content to a third party; (5) use any portion of the Services or OpenTable Content to provide, or incorporate any portion of the Services or OpenTable 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 OpenTable); (7) modify any Services or OpenTable 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 OpenTable Content; (9) use the Services or OpenTable Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or OpenTable Content or access or use the Services or OpenTable Content for competitive analysis or benchmarking purposes.
13. Export Control. You shall not and shall not allow any third-party to allow the export or re-export of any part of any OpenTable Application or other aspects of the Services or any direct product thereof in contravention of any technology control or export laws and regulations that apply to the technology used or supported by the OpenTable Services, including United States export laws and regulations, to any county for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval.
14. Termination. OpenTable 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, OpenTable may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any OpenTable 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 as described in the OpenTable Dining Rewards Terms and Conditions. You agree that OpenTable 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 OpenTable will have no liability whatsoever.
15. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings, send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, 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.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. OpenTable reserves the right (but has no obligation) to monitor, remove, or edit User Content in OpenTable’s sole discretion, including if User Content violates this Agreement (including any OpenTable Policies), but you acknowledge that OpenTable may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant OpenTable a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) 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. OpenTable takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
16. Your Representations and Indemnity. You confirm 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 OpenTable 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.
17. Liability Limitations. Except as prohibited by law, in no event shall OpenTable be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with (I) this agreement (II) any use of the Services, the OpenTable Site or the OpenTable Content , (III) any failure or delay (including, but not limited to, the use or inability to use any component of the Services or the OpenTable Site for reservations), or (IV) the performance or non-performance of any restaurant in connection with the Services. In addition, all Users specifically understand and agree that any third party directing Users to the OpenTable Site by referral, link or any other means is not liable to the User for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the OpenTable Site or the OpenTable Content. OpenTable is neither an agent of nor is connected with any affiliated restaurant in which a User has made a reservation. OpenTable is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a User’s visit to an affiliated restaurant.
You and OpenTable understand and agree that the disclaimers, exclusions, and limitations in this Section 17 and in Section 18 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that OpenTable would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
18. Disclaimer of Warranties. The Services, all OpenTable Content, and any other information, products, and materials contained in or accessed through the Services, are provided to the User on an “as is” basis and without warranty of any kind. OpenTable expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. OpenTable does not warrant that your use of the Services will be uninterrupted or error-free, that OpenTable will review the information or materials made available through the Services for accuracy or that it will preserve or maintain any such information or materials without loss. OpenTable shall not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of OpenTable.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights, however, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. For the avoidance of doubt, nothing in this Section 18 restricts, excludes or modifies any rights that cannot be excluded under any applicable law, including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth).
19. Links to Third Party Websites. The Services may contain hypertext links to websites operated by parties other than OpenTable. Such hypertext links are provided for User’s reference only, and OpenTable does not control such websites and is not responsible for their content. OpenTable’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. OpenTable is not liable for any such third-party websites or any content, features, products, or services made available through such third-party websites.
20. Release. Restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your interaction with or visit to any Restaurant or from any product or service of any Restaurant.
21. Notify Us of Infringers. If you believe any of the Services violate your rights, please notify our agent in writing. The contact information for our agent is at the bottom of this Section.
In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorised by the owner, its agent, or the law to be used in connection with the Services; and
(f) provide a statement that the information you provide in your notice is accurate, and that you are authorised to act on behalf of the owner whose work is being infringed.
Here is the contact information for our agent:
1 Montgomery St., Suite 700
San Francisco, CA 94014
Again, we cannot take action unless you give us all the required information.
22. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
23. No Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by User, but may be so transferred, assigned or delegated by OpenTable.
24. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
REVISION DATE: 30 November 2015