Terms and Conditions
The terms governing use of the Mate's Table platform.
Welcome to Mate's Table! We provide a platform (Platform) featuring editorial city dining guides, venue profiles, curated recommendations from trusted Mates, events and related content to help you discover great places to eat.
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Matestable Global Pty Ltd.
These Terms form our contract with you. You cannot use our Services unless you agree to these Terms. Some capitalised words in these Terms have defined meanings — you can find a list of the defined words and their meaning at the end of these Terms.
For questions about these Terms, or to get in touch with us, please email: support@matestable.com
Our Disclosures
Please read these Terms carefully before you accept. We draw your attention to: (a) our privacy policy (on our website) which sets out how we will handle your personal information; (b) clause 1.3 (Variations) which sets out how we may amend these Terms; and (c) clause 9 (Liability) which sets out exclusions and limitations to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link on our Platform, or for featuring certain venues, goods or services on our Platform. These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Engagement and Term
1.1 These Terms apply from when you first access or use the Platform, or sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.
1.2 You must be at least 16 years old to use our Platform.
1.3 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking "I accept" or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us.
2. Our Services
2.1 Subject to your compliance with these Terms, we will provide you with access to our Platform (our Services). Our Services include, but are not limited to, editorial dining guides, curated venue recommendations from trusted contributors (Mates), venue profiles and information, event listings, search functionality, and related content.
2.2 We will not be responsible for any other services unless expressly set out in these Terms or on our Platform.
3. Account
3.1 You may sign up for an Account in order to access additional features of our Platform.
3.2 You may register for an Account using your Apple, Google or Facebook account (Single Sign-On Account). If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name, profile picture, and contact information.
3.3 While you have an Account with us, you agree to: (a) keep your information up-to-date (and ensure it remains true, accurate and complete); (b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and (c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account.
4. Platform Licence
4.1 While you have an Account, we grant you a personal, non-exclusive, non-transferable right to use our Platform (which may be suspended or revoked in accordance with these Terms).
4.2 You must not: (a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights, or gives rise to any civil or criminal liability; (b) interfere with or interrupt the supply of our Platform, or any other person's access to or use of our Platform; (c) introduce any viruses or other malicious software code into our Platform; (d) use any unauthorised or modified version of our Platform, including for the purpose of building similar or competitive software; (e) attempt to access any data or log into any server or account that you are not expressly authorised to access; (f) circumvent user authentication or security of any of our networks, accounts or hosts; or (g) access or use our Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
5. Venue Information and Recommendations
5.1 Our Platform features editorial content, dining guides and venue recommendations curated by our editorial team and trusted Mates (including chefs, locals and tastemakers). These recommendations reflect the personal opinions and experiences of those contributors.
5.2 Venue details including opening hours, menus, prices, events and other information displayed on our Platform may change at any time. We endeavour to keep this information accurate but cannot guarantee it. You should confirm important details directly with the venue before visiting or making a booking.
5.3 Our recommendations, guides and editorial content are provided for informational purposes only and do not constitute professional advice. We are not responsible for your dining experiences at any venue featured on our Platform.
6. Availability, Disruption and Downtime
6.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including as a result of scheduled or emergency maintenance.
6.2 Our Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
7. Intellectual Property and Data
7.1 We own all intellectual property rights in our Services (including our Platform). This includes the Mate's Table brand, how our Platform looks and functions, our editorial content, dining guides, original photography, as well as our copyrighted works, trademarks, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission.
7.2 We own or have licences to all content displayed on our Platform (Content), including editorial articles, venue descriptions, photographs, guides and Mate recommendations. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view the Content, solely for your own personal use.
7.3 You must not, unless expressly authorised by us: (a) circumvent or disable any content protection system or technical protection measure; (b) copy or modify, in whole or in part, any of the Content; (c) reproduce, distribute, sell, publish or otherwise commercialise the Content to any third party; or (d) breach any intellectual property rights in the Content. Third-party trademarks and venue materials featured on our Platform remain the property of their respective owners.
7.4 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
7.5 When you use our Services, we may create anonymised statistical data from your usage (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to improve our Services, develop new features, identify dining trends, and for other uses we communicate to you.
8. Confidential Information and Personal Information
8.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information.
8.2 Either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
8.3 We collect, hold, disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.
9. Consumer Law Rights
9.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to resupplying our Services.
9.2 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
10. Liability
10.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with: (a) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); (b) any use of our Services by a person or entity other than you; or (c) any action you take based on venue information, recommendations or editorial content on our Platform.
10.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law: (a) neither we nor you are liable for any Consequential Loss; (b) a party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party; and (c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.
11. Notice Regarding Apple
11.1 To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform.
11.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you.
11.3 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of it, including product liability claims, failure to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
11.4 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary. You represent and warrant that: (1) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Suspension and Termination
12.1 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services. If we suspend your access, we will let you know within a reasonable time and work with you to resolve the matter.
12.2 We may terminate these Terms if: (a) you breach these Terms and do not remedy that breach within 14 days of us notifying you; or (b) you breach these Terms and that breach cannot be remedied.
12.3 You may terminate these Terms if: (a) we breach these Terms and do not remedy that breach within 14 days of you notifying us; or (b) we breach these Terms and that breach cannot be remedied. You may also terminate at any time by notifying us through your Account or by email to the address above.
12.4 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
13. General
13.1 Assignment: You may not transfer or assign these Terms to any third party without our prior written consent. We may assign or transfer these Terms to a third party.
13.2 Disputes: Neither we nor you may commence court proceedings relating to any Dispute unless we and you first meet (in good faith) to resolve the Dispute. If the Dispute is not resolved: (a) where you are resident or incorporated in Australia, refer the matter to mediation administered by the Australian Disputes Centre; or (b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, conducted in Melbourne, Victoria.
13.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations if such delay or failure is caused by an event or circumstance beyond our reasonable control.
13.4 Governing Law: These Terms are governed by the laws of Victoria, Australia, and any matter relating to these Terms is to be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.
13.5 Marketing: You agree that we may send you electronic communications about our dining guides, featured venues, events and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
13.6 Nature of Legal Relationship: These Terms do not create a partnership, joint venture, employment or agency relationship between us and you.
13.7 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
13.8 Third-Party Sites: Our Platform may contain links to websites operated by third parties, including venue websites, booking platforms and social media channels. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link on our Platform, or for featuring certain venues or services on our Platform.
13.9 Survival: Clauses 7 to 12 will survive the termination or expiry of these Terms.
14. Definitions
In these Terms: Account means an account accessible to the individual or entity who signed up to our Services. Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect. Mate means a trusted contributor featured on our Platform who shares dining recommendations, such as chefs, locals and tastemakers. Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether recorded in a tangible form or not. Platform means our website and any mobile applications that we provide you with access to as part of the Services. Services means the services we provide to you, as detailed in clause 2.1.