Welcome to specialero.com.au (the ‘Website’). The Website is operated by Specialero (ABN 25733940257).
These terms and conditions (‘Terms’) set out your rights and responsibilities when you use the Website, including but not limited to:
- browsing the Website;
- listing on the Website;
- opting-in to Specialero’s fee-based services;
- any other services provided by Specialero,
By using the Website and/or any of the Services, and/or clicking to accept or agree to the Terms where this option is made available to you by Specialero in the user interface, you agree to be bound by these Terms which constitute a binding contract between you and Specialero
If you do not agree with the Terms, you must cease usage of the Website and Services immediately.
Specialero reserves the right to review and change any of the Terms by updating this page at its sole discretion. Please periodically review the Terms. Your continued use of the Website and/or Services constitutes your acceptance of and agreement to any revised Terms. Any changes to the Terms (unless specified otherwise) take immediate effect from the date of their publication.
Throughout these Terms, we may refer to the Specialero business and or it’s operators as ‘us’ and to entities who use our services as ‘vendors’.
Use of the Website and Services
Specialero grants to you a licence to:
- use the Website and the Services pursuant to the Terms;
- print pages from the Website for your own personal and non-commercial use.
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
Specialero does not grant you any other rights whatsoever in relation to the Services, Website or the content. All other rights are expressly reserved by Specialero.
Your use of the Website and the Services is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of and/or listing on the Website and/or the Services. Neither we nor anyone else involved in creating, producing or delivering the Website and the Services, our e-newsletters, social content, or the materials contained therein assume any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of the Website and/or the Services.
You must not use any means of automatically searching or mining data from the Website or in any way interfere or attempt to interfere with the proper operation of the Website, or the provision of the Services.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Website, the Services, our systems or data or those of any third party via the Website.
Using the website to view vendor content
There are currently no mandatory fees for users browsing our Website, the content and/or vendor listings.
Fee-based subscriptions for Vendors
Fee-based subscriptions and/or services are available for but not limited to professionals, facilities, companies or entities advertising products and services related or connected to food and drink hospitality (‘Vendors’).
Vendors may opt in to services offered by Specialero and/or have their account listed in a Specialero vendor directory. Certain Vendor services and listing options can be found on our information pages.
Vendors who participate in Specialero’s fee-based subscriptions and/or services will pay the fees as advised by Specialero. For the avoidance of doubt, Specialero may increase or change any fee and/or subscription rate at its discretion, by providing written notice to a Vendor.
For the avoidance of doubt, all Vendors are independent third party providers who are not employed by Specialero or any of its affiliates.
Price of Vendor goods & services
Specialero lists prices for food and drink consumables available through Vendors. These prices are intended only as a guide. Prices may change at any time, and can be adjusted on a case by case basis at the discretion of the relevant Vendor.
Unless required by any enforceable law, the result of any refunds requested by a Vendor / subscription holder, will be at the sole discretion of us.
Authorisation to credit and debit accounts
Should you opt in to a fee-based program, you irrevocably and expressly authorise Specialero to debit any monies owed to us from the account that you have specified to us for payment and/or entered for payment at the checkout. Should you authorise Specialero to debit monies owed on an ongoing basis, you warrant to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities and using fee-based Services on our Website. We reserve our rights to pursue any and all actions and remedies to recover any monies owed to Specialero. You will indemnify, defend and hold us harmless for any and all claims, demands or causes of actions that we take to recover money owed pursuant to this section.
We reserve the right, in our sole discretion, to seek reimbursement from a Vendor in any of the following circumstances:
- we discover erroneous or duplicate transactions related to a Vendor;
- a Vendor does not act in accordance with these Terms.
We may obtain reimbursement of any amounts owed by a Vendor to us by deducting from future payments owed to the Vendor, charging the Vendor’s credit card on file, or seeking reimbursement from the Vendor by any other lawful means, including by using third-party collections services. You authorise us to use any or all of the foregoing methods to seek reimbursement.
It is a condition of these Terms that all information or content you provide, acknowledge, post and/or submit to be posted or used on the Website, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. You warrant that any and all information you provide, acknowledge and/or post to the Website (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trademarks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information provided, acknowledged and/or submitted by you and posted on the Website, is true, complete and correct.
Copyright in content
By accepting these Terms, you hereby assign to us all present and future copyright in all of the original content provided, acknowledged and/or submitted or posted by you to the Website including without limitation. You also irrevocably authorise us to make any updates to your submitted content that we deem required. Such scenarios may include correcting obvious spelling mistakes and or grammar.
Review of submissions
Files that you upload, descriptions and information that you post on the Website are subject to review, modification and deletion without notice. You should be aware that personally identifiable information you choose to disclose on the Website may be used by third parties and such use is beyond our control.
You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person; or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Website or any of our users.
We may deny you access to all or part of the Website, and/or to any or all of the Services, and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
Copyright, Trademarks and Intellectual Property
The entire contents and design of the Website, including all trademarks, text, images and audio and video files, is proprietary to us or our content providers and owners and is protected by copyright laws. The Website is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, adapt, transmit, communicate, display, publish or use any material contained in the Website and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner.
The Website and Services are provided on an ‘as is, with all faults and as available’ basis and to the extent permitted by law without any representations or warranties of any kind, either express, implied or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade.
We make no representation or warranty that any content of the Website, or any part of the Services, is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the Website and/or the Services will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.
We make no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of our Website, the Services, directories or any services or goods requested or purchased through the Website. We do not guarantee the quality, suitability, safety, expertise or ability of Vendors or other third party providers. You agree that the entire risk arising out of your use of the Website and the Services, and any service or good requested or purchased in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
We strive to provide valuable and accurate information. However, in view of the possibility of the provision or availability of incorrect, incomplete, vague information, and error by the editors, publishers and/or Vendors, neither we nor any other party involved in the preparation of material contained in the Website or in our e-newsletters represents or warrants that the information contained therein is accurate or complete, and we and they assume no responsibility for any errors or omissions or for the consequences of or results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.
The Website may contain links to websites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or website link on the Website and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or website links.
Waiver, release and limitation of liability
You agree that to the extent permitted by law, we shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Services and/or the Website. You hereby release and forever waive any and all claims you may have against us. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
To the extent permitted by law, the total liability of us, if any, for any loss or damage arising in connection with the Website and/or the Services shall not exceed AU$100. In no event shall we be liable to you for any loss or damage other than the amount referred to above.
You agree to indemnify, defend and hold harmless us and our employees from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any breach or violation of these Terms, any activity related to your service account or use of or listing on the Website (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct), or use of the Services, or services or goods obtained through use of the Services, by you or any other person accessing the Website using your service account.
Termination of Contract
Vendors who have opted into a free or fee-based program may terminate their subscription at any time.
Specialero may at any time, terminate the Terms with you:
- if you have breached any provision of the Terms or intend to breach any provision;
- if Specialero is required to do so by law;
- if the provision of the Services to you by Specialero is, in the opinion of Specialero, no longer commercially viable; or
- for convenience.
Specialero reserves the right to discontinue or cancel your subscription or listing at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Specialero’s name or reputation or violates the rights of another party.
Specialero reserves the right to change, suspend, or discontinue any of the Services, and/or the Website, at any time, for any reason. We will not be liable to you for the effect that any changes to the Website and/or the Services may have on you, including your income or your ability to generate revenue through the Website and/or the Services.
The services offered by Specialero are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website and/or the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
The Terms will remain in effect even after your access to the Website and/or the Services is terminated, or your use of the Website and/or the Services ends.
No joint venture, partnership, employment or agency relationship exists between you, Specialero, any Vendor or any Member as a result of the contract between you and Specialero or use of the Website or Services.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
If any clause or provision of these Terms is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms without affecting the enforceability of all remaining clauses and provisions.