Terms & Conditions

Introduction

These Terms and Conditions (referred to as “Terms” below), as may be amended from time to time, set out your (referred to as “you” or “Venue” below) rights and obligations and those of WWW.COM MEDIA PTY LTD (referred to as “10 of The Best”, “us”, “COMMEDIA”, “we” or “our” below) in relation to access to and use of our online platform available either through our website www.10ofthebest.com.au (referred as “website” or “site” below), mobile application or our Services (defined below) provided either online, by email, by telephone or through any other means (collectively referred as “Platform”).

By using our Platform you acknowledge and agree that you have read, understood and agreed to the Terms set out below and confirm your agreement to enter into and comply with a legally binding contract with us on these Terms. If you do not agree to any part of these Terms, you have no right to use our Platform.

Failure to use our Platform in accordance with these Terms may subject you to civil and/or criminal liabilities and/or penalties and/or ban from our Platform.

You must be at least 18 years old to use our Platform. By accessing or using our Platform, you represent and warrant that you are at least 18 years old.

Key Terms

Content - all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files)
Event – any use of a Restaurant or a Venue for which inquiry is made. An Event will be scheduled to take place within 24 months after the later of (i) the date when a relevant inquiry has been made. An Event can take place on one date or over several dates immediately following one another.
Event Date(s) – a date or several dates immediately following one another on which an Event takes place.
Platform – our website, mobile application and Services through which Users (defined below) may learn about Venues and make enquiry with the Venues that have created Profiles and published their Restaurants on our Platform for the purposes of making them available for relevant traffic.
Profile – web pages describing details of a Venue and Restaurants (defined below) that were made available for enquiry through our Platform. A Venue will create and publish a separate Profile for each Restaurant.
Restaurant – any premises, quarters, accommodation, area, Restaurant, suite, office, hall, house, centre, any part of a building or land and any other property and/or its facilities and immediate surroundings that is in a lawful control of a Venue and which a Venue has made available for enquiries through our Platform.
10 of The Best account - an account created following a registration with our Platform and that allows us to create Profiles, publish Restaurants, and receive Enquiries.
10 of The Best Representative - any employee or service provider to 10 of The Best.
User - a person or a legal entity who has submitted required details or completed registration with our Platform for the purposes of finding a Venue, sending Enquiries.
Venue – a person, sub-lessor or a duly authorised representative of a legal entity who is in a lawful control of a Restaurant and has made it available for enquiries through our Platform.
Your Content – Content that you submit to our Platform for storage or publication on, processing by, or transmission via our Platform.

Scope of Our Services

WWW.COM MEDIA PTY LTD provides an online Platform that introduces Users who wish to learn about Venues that have created Profiles and published their Restaurants on our Platform for the purposes of making them available for enquiries (referred to as “Services”). WWW.COM MEDIA PTY LTD may provide Services either online, by email, by telephone or through any other means.

Users make enquiry directly with Venues. WWW.COM MEDIA PTY LTD acts only as an intermediary to help advertise Venues, to refer Users to Venues and to increase your traffic. Any contract, arrangement or agreement is between you and a User. WWW.COM MEDIA PTY LTD is not a party to nor liable under any contract, arrangement or agreement entered into between Venue and User, nor is WWW.COM MEDIA PTY LTD a contracting agent or insurer.

Through our Platform, a User can view details and learn about Venues and Restaurants and send you Enquiries which you agree to receive.

Users can find Venues by browsing Venues who registered with us and published their Profiles. Alternatively, a User may fill in the “Help me with venues” form or contact us by any other means, so that a 10 of The Best Representative will select or suggest a suitable Venue for a User. In doing so, 10 of The Best Representative will take into account User’s preferences and requirements. Consequently, a User may send you a Enquiry or, if requested by User, a 10 of The Best Representative can send you a Enquiry on User’s behalf which you agree to receive.

You agree that you will respond to Enquiries from Users or 10 of The Best Representatives either by replying to or rejecting Enquiries. All Enquiries will be visible and accessible to you when you log in to your 10 of The Best account. When responding to any Enquiry you undertake to do so promptly and accurately. Errors in responding to Enquiries will be treated to be in favour of a User.

You are responsible for updating the status of each Enquiry under your account and you will act in good faith in ensuring that the status of each Enquiry you received accurately reflects the current state of affairs.

10 of The Best Representatives have a right to contact you about Enquiries you received and you agree and undertake to provide accurate and truthful information.

10 of The Best Representatives have a right to contact you, if deemed needed, to obtain necessary details about you or any of your published Restaurants as well as to ask for your feedback for the purposes of providing quality Service.

10 of The Best provides an opportunity to and may invite Users to leave feedback about a Venue and/or a Restaurant following an enquiry through our Platform. Feedback will not be altered by 10 of The Best and will be published on our website as it was submitted to us once a 10 of The Best Representative has checked it for obscenities.

Service Fees

In consideration for the use of our Platform to advertise your Venue and for all enquiries where payment is due to you from a User as a result of a Enquiry, we will only charge you a flat non-refundable monthly, quarterly, half yearly or yearly subscriptions.

10 of The Best does not charge you commission.
10 of The Best does not charge Users.
GST will be added to all subscription invoices.

You must at all times quote a price on the Platform which is accurate and matches the best available rate offered to the general public at the Venue or on the Venue's own website. If a User or a 10 of The Best representative provides evidence of a lower price or better deal directly quoted by you or available to the general public at the Venue or on the Venue's own website for the same Venue, Restaurant or Service booked through the Platform, on the same, you agree to match the lower price and to refund the User the difference between the price quoted through the Platform and the lower price within 28 days.

Publishing Venues and Restaurants

You are alone responsible for providing and maintaining true, accurate, current, complete and non-misleading details about Venue and Restaurants, such as a valid address, prices, capacity, facilities, availability, photos, type of the events your particular Restaurant may hold and any other Content you post. Users will be sending you Enquiries based on the information you provided, so we strongly advise you to promptly update your details if any changes take place.

Where and if necessary make your Profile complete and searchable on our Platform, 10 of The Best may at its sole discretion produce Content for Venues and Restaurants using photos and information available publicly. You will be responsible for reviewing such Content and ensuring it is true, accurate, current, complete and non-misleading.

You understand and agree that prices that you indicate, quote or communicate through our Platform:

must not be higher than any prices you display, market, quote or communicate to your potential clients elsewhere in respect of the same Venue, Restaurant or service;
must not be higher than any prices you communicate or quote to a User in respect of the same Venue, Restaurant or service; and must be inclusive of any Commission payable to us.

When you publish your Venue and Restaurant Profile or use our Services on behalf of a company or any other legal entity, you represent and warrant that you are authorised by that company or other legal entity to do so.

You are alone responsible for:

services a you or your business partners render or products you or your business partners offer;
safety measures at your Venue or Restaurant;
ensuring that your Restaurants booked through our Platform are of satisfactory quality or are reasonably suitable for intended purpose;
your own acts and omissions and acts or omissions of individuals working for or are otherwise present at Venue or in your Restaurant at your request;
compliance with any applicable laws, rules and regulations;
compliance with any agreements you entered into with any third parties;
all activities that you conduct with the assistance of our Services.

10 of The Best reserves a right to suspend or delete your 10 of The Best Account, restrict or block your access to our Platform and Services and to remove your Venue and Restaurant Profiles and your Content.

Licence to use website

You may:

view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website;
stream audio and video files from our website; and
use our website services by means of a web browser, subject to the other provisions of these Terms.

Except as expressly permitted by above information or the other provisions of these Terms, you must not download any material from our website or save any such material to your computer.

You may only use our Platform for your own personal and business purposes, and you must not use our Platform for any other purposes.

Unless you own or control the relevant rights in the material, you must not:

republish material from our website (including republication on another website);
sell, rent or sub-license material from our website;
reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or
redistribute material from our website.

We reserve the right to restrict access to areas of our website, or indeed our whole Platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Platform.

10 of The Best reserves a right, in our sole discretion, at any time

to rectify any errors or oversights in any portion of our Platform;
to make any changes or improvements to our Platform’s features, components, Content and functionality;
edit or delete any document or Content on our Platform.

Acceptable use

You must not:

use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
use our Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
use our website or mobile application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
access or otherwise interact with our website using any robot, spider or other automated means;
violate the directives set out in the robots.txt file for our website; or
use data collected from our website or mobile application for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our Platform, or in relation to our website, is true, accurate, current, complete and non-misleading.

Limited warranties

Although we will do our best to preserve safety and smooth functioning of our Platform, we do not guarantee, warrant or represent:

the accuracy, completeness or timeliness of the information published and made available through on our website, application or Services;
that the website, application or any our Service will remain available;
that access to or operation of our Platform will be free from interruption or interference;
that our Platform will be free from errors, viruses or any other harmful components, or that such defects will be fixed.

Reviews, comments, Venue and Restaurant description and any other information or material posted through our Platform is not intended as advice and should not be relied upon. 10 of The Best cannot and does not guarantee and is not responsible for truthfulness or accuracy of the Content the Venues or Users submit to our Platform or provide to us. 10 of The Best excludes all responsibility and liability related to any Venue or User Content to the maximum extent allowed by applicable law. All Bookings will be made and any content will be used at your own risk.

We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our website or our mobile application, at any time in our sole discretion without notice or explanation; and save to the extent that these Terms expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any our Services, or if we stop publishing the website our mobile application.

To the maximum extent permitted by applicable law, we exclude all representations, warranties, terms and conditions, express or implied, in relation to the subject matter of these Terms, our Platform and the use of our Platform.

Each of us acknowledge that in entering into contract under these Terms, neither you nor 10 of The Best will rely on any representation, statement, assurance or warranty (“Representation”) of any person, unless such Representation is expressly laid out in these Terms. The only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract the terms of which are provided in these Terms and Conditions.

Limitations and exclusions of liability

10 of The Best will not be responsible or liable for any damage or losses which you sustain as a result of any Enquiry made through our Platform or a Booking made following a Enquiry including without limitation any business interruption, loss of business, income, revenue, profits, contracts, commercial opportunities, anticipated savings or any other benefit, data, information, office time or waste of resources however arising and whether foreseeable or not and whether caused by tort (including negligence), breach of contract, legal action or otherwise.

Neither 10 of The Best nor our affiliates, parents, subsidiaries, directors, employees, officers or agents shall be liable, including without limitation, for:

any business losses, including (without limitation) business interruption, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill or any other benefit, reputation, claim, office time or waste of resources;
any loss or corruption of any data, database or software;
any damage to your device which is used to access or use our Platform;
costs of substitute products or services;
any special, indirect, incidental, exemplary, consequential or punitive loss or damage;
service interruption or system failure;
damage to property, personal injury or bodily injury, death or emotional distress

whether foreseeable or not, whether 10 of The Best has informed about the possibility of such damage or not, whether caused by tort (including negligence), breach of contract, legal action or otherwise, arising directly or indirectly out of or in connection with, without limitation:

these Terms; or
access or use or inability to access or use or a delay of our website, mobile application, Services or Content; or
any communication or interactions with Users or Venues registered with us or other persons with whom you communicate or interact as a result of your use of our Platform; or
creating or publishing your Profile, or sending, receiving and responding to Enquiries, or making Bookings through our Platform; or
any interruptions in our Platform or Services; or
viruses or any other harmful components picked up by accessing or using our website or mobile application or any site, application, tools or services that are linked to our website or mobile application; or
any defects, errors, inaccuracies, hitches, malfunctions of any kind in our website, mobile application, content, or graphics; or
any inaccuracy in information or content made available through our Platform; or
suspension, termination, ban or other action taken with respect to your 10 of The Best account; or
duration or appearance of your Profile in the search results; or
your need to revise, adjust, amend or update your content, policies, business standards or conduct or your inability to do business as a result of any amendments made to these Terms or our policies

You are fully responsible for any relationship with a User after you replied to an Enquiry, including but not limited to making or changing a Booking, Booking cancellations, any claims, refunds, compensation or reimbursement.

As 10 of The Best is not a party to a contract between you and a User, all claims a User may have in case he or she is not satisfied with a booked Restaurant or your service, whether in whole or in part, will be made against you.

10 of The Best has no control over any conduct of Users and disclaims all liability in this regard to the maximum extent permitted by applicable law.

10 of The Best cannot and does not guarantee and is not responsible for truthfulness or accuracy of the Users’ identities or the Content Users submit to our Platform or provide to us.

10 of The Best does not check, monitor or control creditworthiness of Users.

10 of The Best are not responsible for mediation or the enforcement of any obligations arising from a contract between you and User.

Any review that a User posts on our website is a subjective opinion of a relevant individual only. Although we will use reasonable endeavours to monitor the Content of these reviews, neither 10 of The Best nor our affiliates, parents, subsidiaries, directors, employees, officers or agents shall be responsible for content, objectivity, reliability or the truthfulness of such reviews. If you have any concerns regarding the content of any review, please contact us using details provided.

Breaches of these Terms and Conditions

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

send you one or more formal warnings;
temporarily suspend your access to our Platform;
permanently prohibit you from accessing our Platform;
block computers using your IP address from accessing our website;
using your account, block your access and use of our application;
contact any or all your internet service providers and request that they block your access to our Platform;
commence legal action against you, whether for breach of contract or otherwise; and/or
suspend or delete your account on our Platform.

Where we suspend or prohibit or block your access to our website or a part of our website, mobile application or Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Third party websites

Our website and mobile application include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations or endorsements.

We have no control over third party websites and their contents, and we accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.

Our Platform implements services of Google Maps/Earth as well as Google Maps API(s). Your use of Google Maps/Earth is determined by Google Maps/Earth Additional Terms of Service.

Indemnification

You agree to indemnify and hold 10 of The Best, its affiliates, parents, subsidiaries, partners, employees, directors, officers or agents harmless from and against any claims, liabilities, losses, damages, expenses and costs, including but not limited to reasonable legal fees, arising out of or in connection with any breach by you of these Terms or use of our Platform and our Services.

Amendments

We may revise these Terms from time to time to incorporate variations such as legislative, regulatory or technological developments, new functionalities or features of our Platform as well as changes in our Service or other relevant changes.

The revised Terms shall apply to the use of our Platform and Services from the date of publication of the revised Terms on the website. You should check this page occasionally to ensure you agree with any changes to the Terms. We may also notify you of changes to these Terms by email or through the private messaging system on our website.

By continuing to use our Platform you agree to be bound by the latest modified Terms. In case any changes to our Terms or Policies are required by applicable law, they will apply to Profiles you have already published. If you do not wish to agree to the changed Terms, then it will not be possible for us to provide you our Platform and you will need to deactivate your 10 of The Best account.

Severability

If a provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of a contract under these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties' rights under a contract under these Terms and Conditions is not subject to the consent of any third party.

Termination, cancellation and suspension of account

We may:

suspend your account;
cancel your account; and/or
edit your account details,

at any time in our sole discretion without notice or explanation.

You may temporarily make your Venue and Restaurants Profiles hidden from public view or cancel your 10 of The Best account at any time using your account control panel on the website.

Without prejudice to above, termination, cancellation or suspension of your 10 of The Best account or and temporary hiding your Profile from public view does not discharge you from any obligations you have undertaken under the contract governed by these Terms, including but not limited to your obligation to pay us Commission that becomes or is capable of becoming due.

Report Abuse and Illegal Activity

If you noticed any activity violating any provision of these Terms while using our Platform, please contact us.

Our details

The website www.10ofthebest.com.au, a private company limited by shares and lawfully registered in Australia under registration number ABN 78 090 045 300, and having registered address Suite 126, 6/197 - 205 Church Street, Parramatta NSW 2150 Australia.

You can contact us by emailing at: [email protected]