Terms Of Use

Your use and/or access to the HowAboutEat website and its products/services is subject to your agreement to the below Terms of Use below.

1. Free To Use

The HowAboutEat website is free for customers to use. Orders made through HowAboutEat do not cost customers more than an order made directly via the restaurant, except for additional fees explicitly stated in the check-out process. Our charges are based on those established by the restaurants.

2. Intellectual Property

All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on HowAboutEat is owned, controlled or licensed by or to HowAboutEat, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may use information on the HowAboutEat website only for your personal, non-commercial informational purpose. No content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without HowAboutEat’s prior written consent. By submitting content to HowAboutEat (including but not limited to restaurant reviews, ratings and comments) You grant HowAboutEat the ownership to this intellectual property and the right to use it in any manner HowAboutEat chooses, to the maximum extent permitted by law.

3. Review of transmissions

You agree that if You submit ratings, suggestions, comments or questions or post any other information on this site, you grant HowAboutEat, the non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. HowAboutEat takes no responsibility and assumes no liability for any content posted or submitted by You or by other users. You promise to HowAboutEat that any such material provided by You does not breach the intellectual property rights of any person and agree to indemnify HowAboutEat against claims of any kind arising from a breach by You of that promise, including legal fees on the indemnity basis.

4. Limitation of Liability

Under no circumstances will HowAboutEat be liable for any losses or damages whatsoever (including for death, injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information or opinions contained on this website. HowAboutEat excludes all liability (including for negligence) to You or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through the HowAboutEat website.With regards to ordering food online, HowAboutEat is an authorized reseller for all restaurants listed in the HowAboutEat database. To provide the best service, upon pickup or delivery of the food, the restaurant will handle all first level customer services and HowAboutEat will support escalations as needed. To the extent permitted under Australian consumer laws, HowAboutEat is not responsible for any claims arising from use of the HowAboutEat app or database. For products/services involving Venues, the user may be bound by additional terms and conditions imposed by the Venue. Whilst HowAboutEat will do its best to communicate these to You, HowAboutEat is not responsible for any claims or complaints about Venues or the goods and services provided by Venues, nor disputes between You and Venues about the Venue's terms and conditions. The delivery times indicated on the website and in order correspondence are estimate times only. HowAboutEat reserves the right to process a refund to your credit card if payment is made online to HowAboutEat, provided the refund has been approved by the restaurant. HowAboutEat does not accept any responsibility for any delays in inter bank processing of such refunds. Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the listed venue. Specials listed on HowAboutEat are subject to change. In these Terms of Use the expressions 'Venue' or 'Venues' mean the restaurant or other supplier to which You have been introduced or referred by HowAboutEat using this site.

5. Disclaimer of warranty

HowAboutEat is providing this site and its contents on an “as is” basis and use of this site is at your own risk. All content is believed, in good faith, to be accurate, complete, current and reliable at the date the information was placed on the site. HowAboutEat, nor any of its respective directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including non-excludable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, HowAboutEat expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

6. Release and Indemnity

You agree to release and indemnify and hold HowAboutEat and (as applicable) affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, arising from or in relation to the service provided by HowAboutEat, including those made by any third party arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

7. Credits

All credits acquired on the platform are non-refundable and can be used only to offset part of the lunch payment on HowAboutEat.com. The minumum $5 transaction policy is applied to any orders.

8. Changes

HowAboutEat may change these Terms of Use at any time without notice and You agree to be bound by such changes. Those changes will be posted on the website.

9. Governing Law

The laws of the State of New South Wales and the Commonwealth of Australia govern this web site and its use. This website may be accessed throughout Australia and overseas but HowAboutEat makes no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this web site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.