Terms and Conditions

TasteBroome Website Terms of Use

Last Revised: December 10, 2016
 
TasteBroome is an entity of UniqueKimberley (“UniqueKimberley” “TateBroome” “The Company”, “we” or “us”) welcome you to Taste Broome a website connecting travellers to locals at http://www.tastebroome.com.au (hereinafter, the “Site” or “Platform”), which offers a platform to connect visitors to Broome locals. The Platform enables visitors to connect with locals for advice and or shared experiences. (“User” or “you”), are invited to use the Platform in accordance with our terms and conditions hereunder.

1. Acceptance of the Terms

By logging in to, connecting to, accessing or using our Site, you acknowledge that you have read and understood the following Terms of Use and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a contract between “TasteBroome” and you. If you do not agree with these terms please do not access or use the Platform. The platform is available to everyone who agrees with our terms.

2. What is Eat With Locals? 

Eat With Locals is a section of our platform that connects Local hosts and visitors for communal dining and experiences. The Platform is designed to enable Users to offer their hosting skills, food and home facilities as hosts and allowing other Users to participate in food events of such Hosts as guests. During these events the food and any beverages provide are complimentary to the shared event. 
We, UniqueKimberley, take great measures to provide you with the best experience you can have while using the Platform. However, we have no control over the conduct of any Hosts, Guests or any other User and disclaim all liability in this regard. Hosts and Guests are recommended to carefully and thoroughly examine and check with their respective Guests and Hosts all necessary details related to any event that may share food prior to any engagement been made. Participating in events such as home meals, personal chef cook services, dinner parties or other User's activities as a result, directly or indirectly, from using The Platform and Services is entirely at your own risk. 
All Hosts agree to complete the free online food handling at http://www.imalert.com.au/foodsafety/training/welcome.php?sub=broome
UniqueKimberley is not a party to any agreement entered into between Hosts and Guests in any circumstances nor does it operate as a place of business for vending food of any sort. Users have the sole and ultimate responsibility regarding compliance with all laws, regulation (including without limitation the applicable tax regulations and food regulations), or any other duty relating to the shared experience. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any shared experience conducted by a User or a third party. It is the responsibility of the Host to assure that a shared Food Event is conducted in compliance with all applicable laws, rules and regulations.
Eat with Locals is only available to individuals who (a) are at least eighteen (18) years old (b) possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law; and (c) own a valid credit card and a valid e-mail address.

3. What are Shared Experiences?

Shared Experiences may or may not include an element of sharing food or beverages. Shared experiences can occur within the hosts home or in a public space, such as a shared fishing trip. We, UniqueKimberley, take great measures to provide you with the best experience you can have while using the Platform. However, we have no control over the conduct of any Hosts, Guests or any other User and disclaim all liability in this regard.
UniqueKimberley is not a party to any agreement entered into between Hosts and Guests or any parties to shared experiences in any circumstances . Users have the sole and ultimate responsibility regarding compliance with all laws. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any shared experience conducted by a User or a third party.

4. Account Registration

In order to create a Shared Experience, you must register and create an account (“Account”). The registration is free of charge. Registration must be done by completing the registration on the Site. You will receive a confirmation e-mail when your Account will be established.  
Your Account is password protected. In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
 You are fully responsible for maintaining the confidentiality of your username and password and for all activity that occurs under your account. Note that as a Host, you will be able to edit or remove, at any time, any information contained in your personal Account. You may do so by using the "Edit Profile" button.

5. Use Restrictions 

You may not, whether by yourself or anyone on your behalf; (a) use our Platform for any illegal, unlawful or unauthorized purposes; (b) use our Site in any form of spam, unsolicited mail or similar conduct; (c) allow access to your Account to anyone other than yourself (d) interfere with or disrupt the operation of Eat With Locals’ Site (e) as a Host, provide falsely or inaccurate information with respect to the service you offer through Eat With Locals’ Site and Services for Guests, including, but not limited to any representation you make with respect to your Food Events, including the hosting place and the food you offer via Eat With Locals’ Services; (f) bypass any measures we may use to prevent or restrict access to Eat With Locals’ Site; (g) infringe and/or violate any of the Terms.

6. Reservation and Billing Arrangements

Each Guest is welcome to make an online reservation with any Host offering their services via the Site (“Reservation”). A Guest may pay for the Reservation by using our Online Payment Processors (as defined below). The reservation is confirmed on booking. The Reservation Amount charged from the Guest will be kept faithfully by Taste Broome and in compliance with any applicable law, and the Reservation Fee will be transferred to the respective Host within two business days following the event less a 10% commission. The Host appoints Taste Broome as the Host's limited agent solely for the purpose of collecting payment made by Guests on behalf of the Host.

7.  Fees and Payments

Payments will be processed via online payment service.  The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account.
The company reserves the right to have no obligation, to withhold any applicable taxes and obtain any other remedies available by law.
The Company may, at any time and at its sole discretion, amend the fee schedule, payment terms and cancellation policy specified on the Site. Any such changes will take effect immediately after being posted on the Site. Taste Broome may deduct foreign currency processing costs from any payment.

8. Privacy Policy 

We respect your privacy and are committed to protect the information you share with us. We will not on sell, share or in any way provide your personal information including eMail address, mailing address and phone number to any other entity or person without your express permission.

9.  Availability

The Site's availability and functionality depends on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. Eat With Locals does not warrant or guarantee the Site will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

10. Changes to the Site 

TasteBroome reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Taste Broome shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein.

11.  Limitation of Liability 

The use of the Taste Broome site and all services including the Eat with Locals and shared experiences is completely at your own risk. To the maximum extent possible in no event shall Taste Broome be liable for any damages whatsoever.

12.  Indemnification 

You agree to defend, indemnify and hold harmless Unique Kimberley and Taste Broome and or their Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of Eat With Locals’ Site and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the Site; (iv) the User Generated Content you uploaded through the use of the Site; and/or (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to your use of the Site. It is hereby clarified that this defence and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defence. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

13.  Amendments to the Terms

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto,so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

14.  Refunds

In the event of misleading representation or misconduct on the Site and in connection with the Service or in the framework of any shared Events or experiences held by Hosts through the use of the Site, Taste Broome may decide, in its sole discretion, to credit you with a refund for the Reservation Amount paid or part thereof and charge the Host with this amount. No action of Taste Broome may be construed as accepting any liability other than as mentioned herein. 
If your Host cancels a Shared event after you have booked. You will be refunded in full your reservation amount within 24 hours of the cancellation notice. In the event a Host cancels a shared experience after guests have booked online Taste Broome reserves the right to charge the host the cost of processing the guest refunds.

15.Ask Broome Community Forum

This is a moderated forum. Social posts will only be selected for publication if they are positive in nature and unlikely to cause offence to anyone or any group. Questions posted to the forum will be approved if they are relevant to Broome and free of spam type content. Answers to questions will be approved if they are accurate and helpful. Abusive answers will not be approved. The moderators will do everything possible to ensure the quality of advice given on the public forum, but will not accept any liability for damage or loss as a result of information on this site. By using our forum you agree to subscription of our eMail service.

16. Further Information

For information, questions or notification of errors, please contact: If you have any questions (or comments) concerning the Terms, you are most welcome to send us an email and we will make an effort to reply within a reasonable timeframe. hashtag@tastebroome.com.au.