Terms and Conditions

Terms and Conditions


  1. 1. User agreement

    By using the OMPTY website www.Ompty.com (including mobile sites) and the App ("Website") you accept these Terms and Conditions ("Terms") and our Privacy Policy, including any amendments to these Terms that may occur from time to time. These Terms are between you and Voucher Advisor Pty Ltd (referred to in this Agreement as “OMPTY”, "we", "us" or "our").

  2. 2. Definitions
    In this Agreement the following terms are defined as follows:
    1. (a) “OMPTY Voucher” and “OMPTY Pass” refers to a voucher subject to these terms and conditions, which if purchased, entitles you to redeem it at a particular Venue in exchange for Venue Services;
    2. (b) “User” refers to any person or entity that uses the OMPTY software platform;
    3. (c) “Venue” refers to a business providing a Venue Service at which you may redeem OMPTY Vouchers;
    4. (d) “Venue Services” refers to the provision of services provided by a Venue in exchange for redemption of an OMPTY Voucher by you;
    5. (e) “Website Service” refers to all services provided by OMPTY via the Website including information services, content and transaction capabilities on the Website; and
    6. (f) “Intellectual Property” refers to all industrial and intellectual property rights of whatever nature throughout the world conferred on OMPTY under statute, common law or equity, whether existing now or at any time in the future in relation to the Website or otherwise;
      1. i) all rights belonging to OMPTY in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets or otherwise;
      2. ii) all concepts, ideas, methods, methodologies and business methods developed in relation to the Website;
      3. iii) the copyright subsisting in all documents and electronically stored files encompassing the things referred to in paragraphs (a) and (b); and
      4. iv) any invention, discovery, or right to apply for a patent, trade mark or design in relation to anything referred to in paragraphs (a), and (b);


  3. 3. Registration and User Requirements
    1. (a) In order to access the features of the Website, you are required to register. The registration process requires you to provide us with personal information including:
      1. i. your name;
      2. ii. your suburb and postcode;
      3. iii. your mobile phone number; and
      4. iv. a valid email address.
      To ensure the provision of the Website Service, you must ensure this information is true and correct, current and not false or misleading.
    2. (b) By using the Website and its associated functionality, you give us your consent to send you direct communications to the email address you provide. You may unsubscribe from these direct communications at any time. By using elements of the Website, you give implied consent to receive certain communications.
    3. (c) You may opt-out of the Website and Website Service at any time.
    4. (d) To register an account and use the Website you must:
      1. i. be at least 18 years old; and
      2. ii. have capacity to enter into a legally binding agreement.

    5. 4. Access and use of the Website
      1. (a) You must only use the Website in accordance with these Terms and any applicable law.
      2. (b) You must not (or attempt to):
        1. i. interfere or disrupt the Website;
        2. ii. use data gathering or extraction tools on the Website;
        3. iii. interfere with security-related or other features of the Website; or
        4. iv. use, copy or distribute the Website or any material on the Website without our express permission.
      3. (c) Users agree to use the Website in good faith and in a way so as not to bring OMPTY into disrepute or cause dis-reputation or any other damage to OMPTY, the Website or to the goodwill relating to the services provided under these Terms.
      4. (d) We may refer any fraudulent or abusive or illegal activity to the relevant authorities.
      5. (e) You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. OMPTY is not responsible for any unauthorised activity on your account.
      6. (f) If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you are solely responsible for taking immediate steps to re-secure your account (including changing your password).
      7. (g) You must not use another member's account without our, and/or the other user’s, express permission.

    6. 5. Website Uptime
      1. (a) OMPTY does not make any representations or warranties that your access to the Website will be uninterrupted or error free. Access to the Website may be suspended or disrupted temporarily without notice in the case of system failure, web hosting errors, maintenance or repair or any reason beyond our control.
      2. (b) OMPTY makes no warranties or representations in relation to the quality, accuracy or completeness of the content of any other website linked to or from our Website.

    7. 6. Information on this Website
      1. (a) Information about offers on the Website is based on material provided by Venues. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by these third parties.
      2. (b) You agree to make your own enquiries to verify information provided and to assess the suitability of the offer or Venue Services before you order the OMPTY voucher or offer.
      3. (c) Due to photographic and screen limitations associated with the representation of offers, some actual offers may differ to a small extent in visual appearance from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of Venue Services are created or chosen by us for promotional purposes, and may not be an exact representation of the Venue Services received.

    8. 7. Disclaimer and Liability
      1. (a) OMPTY excludes all liability to you or any third party for loss or damage of any kind or nature relating in any way to the Website to the maximum extent permitted by law. This limitation includes, but is not limited to, any loss or damage you might suffer as a result of:
        1. i. errors, mistakes or inaccuracies on the Website;
        2. ii. your action or inaction in relation to any information contained on or referred to on the Website and/or any linked website;
        3. iii. personal injury or property damage of any nature resulting from your access to or use of the Website;
        4. iv. any unauthorised access to or use of our secure servers, including any personal or financial information stored on those servers;
        5. v. any interruption or cessation of transmission to or from the Website;
        6. vi. any bugs, harmful code or communications which may be transmitted to or through our Website by any third party; or
        7. vii. the quality of any Venue Services of any linked websites.
      2. (b) OMPTY does not give any warranty or guarantee for any Venue Services advertised or offered by a third party through the Website or any linked website or featured in any banner or other advertising. OMPTY is not a party to or in any way responsible for monitoring any transaction between you and any Venue.
      3. (c) Where any law provides a guarantee which may not be lawfully excluded, the liability of OMPTY will be limited to that provided by law.
      4. (d) In no event shall OMPTY, its affiliates, related entities or suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or these Terms (however arising, including negligence), except as required by law. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
      5. (e) In circumstances where you make a booking and subsequently fail to utilise the Venue Services, under no circumstances will monies paid to OMPTY to secure the booking be refunded. Once bookings have been made by you, it is your sole responsibility to attend the Venue at the specified booking time.

    9. 8. Indemnity
      You will at all times indemnify, and keep indemnified, OMPTY and its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of:
      1. (a) your conduct or breach of these Terms; or
      2. (b) your conduct in relation to any Venue.

    10. 9. Purchasing an OMPTY Voucher
      1. (a) You may use the Website to view Venue Services offers and purchase OMPTY Vouchers to be used at a Venue for Venue Services.
      2. (b) You are responsible for all bids placed on your account, including for any discrepancies or errors in your bid caused by you
      3. (c) The promotion of vouchers for offers or Venue Services on the Website does not constitute an offer to sell. It is an invitation to treat only.
      4. (d) We may reject your request to purchase an OMPTY Voucher, including in circumstances where we believe there may be a credit card fraud or if there has been an error in the price or product description on the Website.
      5. (e) You must review the details of your purchase of an OMPTY Voucher before submitting your order on the Website. Once your purchase is confirmed, you are unable to cancel or change it except in accordance with these terms. If you have any problems with your bid, then you must go through the normal refunds process outlined in these Terms, however, as a general rule, we will not change or replace a bid that is made erroneously.
      6. (f) If an offer is accepted, an OMPTY Voucher will be issued to the Member.
      7. (g) You shall indemnify OMPTY and any third party for any amount charged back or declined payment.

    11. 10. Price and Payment
      1. (a) The prices of OMPTY Vouchers and other charges shown are in Australian dollars and are current at the time of display, but may be subject to change.
      2. (b) All payments shall be made through PayPal Australia via your PayPal account or via the payment gateway made available through PayPal Australia or any other payment gateway made available on the Website from time to time. Payments via third party gateways, are subject to their terms and conditions. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold vouchers against your order.
      3. (c) To confirm your OMPTY Voucher you are required to make the full payment (inclusive of GST) specified at the time of acceptance of the relevant deal. An additional processing fee of 3% (inclusive of GST) will also be charged.

    12. 11. Vouchers: Use and Redemption of an OMPTY Voucher
      1. (a) Once you have successfully purchased an OMPTY Voucher, you will receive an OMPTY Voucher via email.
      2. (b) Your OMPTY voucher, along with your redemption code, will be emailed to you and will be accessible via your OMPTY account. OMPTY shall not be held liable or responsible for any loss suffered as a result of an OMPTY voucher not being received by you due to circumstances beyond our reasonable control, such as an incorrect email address.
      3. (c) All OMPTY vouchers sold on the Website are offered on behalf of Venues. Any OMPTY voucher you purchase shall be redeemable only for the specified Venue Services from the relevant Venue and shall only be available for redemption during the period specified on the voucher.
      4. (d) You recognise that the Venue is the supplier of the Venue Services by the Venue, as described in the OMPTY Voucher, and not OMPTY. OMPTY does not act as agent for the Venue.
      5. (e) OMPTY makes no warranty or representation regarding the standard of any Venue Services to be supplied by the Venue.
      6. (f) The OMPTY voucher cannot be:
        1. i. redeemed in parts, unless otherwise specified by the OMPTY voucher or by mutual agreement between you and the Venue;
        2. ii. exchanged or redeemed for cash;
        3. iii. used more than once; or
        4. iv. combined with any other discount or promotional offer unless specified by the Venue.
      7. (g) Neither OMPTY nor the Venue is responsible for lost or stolen vouchers or fraudulent use (by a person other than OMPTY or the Venue) of the voucher’s unique reference number.
      8. (h) OMPTY vouchers may contain additional Venue specific terms and conditions that supplement, and are to be read as in addition to, these Terms. In the event of any inconsistency between those Venue specific terms and OMPTY Terms, the Venue specific terms will prevail.
      9. (i) OMPTY vouchers may be transferred or gifted to other persons and may be redeemed by the recipient in accordance with these Terms. OMPTY shall not be liable for an OMPTY voucher that has been mistakenly transferred or gifted.

    13. 12. OMPTY Vouchers: Availability of Services
      1. (a) Images appearing on the Website to illustrate meals and Venue Services offered by Venues are intended to be indicative only of the Venue Services, and Venues.
      2. (b) Certain vouchers and offers may not be available on short notice.
      3. (c) Venues’ menus advertised on the Website are indicative only and subject to change without notice.

    14. 13. Vouchers: Bookings and Cancellations
      1. (a) All offers by Venues are subject to availability and some Venues will require bookings in advance. Users understand that Venue availability is not guaranteed until confirmation with Venue is made. OMPTY accepts no liability or responsibility for refunding OMPTY Vouchers in the event that a confirmed booking is rescinded by the Venue.
      2. (b) Upon making a booking with a Venue, you must disclose that you will be utilising the OMPTY Voucher. It is the responsibility of the User to notify the Venue and provide details of the OMPTY Voucher in advance of the booking.
      3. (c) Venue bookings are subject to any Venue policies. If you cancel your booking your Voucher may be void, or you may incur a cancellation fee payable to the Venue. Unreasonably short notice cancellations may result in the cancellation of your OMPTY Voucher if the Venue is unable to fill your space.
      4. (d) Users understand that OMPTY Vouchers deemed to be cancelled or void will not be refunded or credited to a new Voucher, subject to our Refund Policy in clause 14.

    15. 14. Vouchers: Refunds Policy
      1. (a) Upon receipt of your complaint, we will endeavour to contact the Venue and resolve the complaint on your behalf. If your complaint cannot be resolved, we will provide you a remedy in accordance with these Terms and your statutory rights.
      2. (b) You may be entitled to a refund, rebooking or such other remedy as OMPTY deems appropriate in the following circumstances:
        1. i. The Venue fails to or cannot provide the offer or Venue Services within the validity period;
        2. ii. The Venue Services supplied by the Venue are not reasonably fit for the purpose described, not of acceptable quality, or the offer or Venue Services are materially different to what we advertised;
        3. iii. The Venue Services are not provided within a reasonable time, taking into account the validity period of the voucher.
      3. (c) OMPTY will only provide a refund in circumstances where you have made reasonable attempts to use your voucher during the validity period, and you can provide reasonable evidence of your attempts.
      4. (d) All Venue Services promoted on the Website are offered by Venues subject to availability. Neither OMPTY nor the Venue is responsible where you are unable to redeem your voucher for reasons beyond OMPTY's or the Venue’s control.
      5. (e) OMPTY will review each complaint and refund claim on a case-by-case basis in accordance with our refund policy and its decision shall be final and binding.
      6. (f) Expired vouchers are non-refundable. We do not allow refunds or returns for change of mind.

    16. 15. Intellectual Property
      1. (a) OMPTY reserves all intellectual property rights, including but not limited to, copyright in material and/or Website Services provided by OMPTY. You may not use our marketing material, business names, trademarks, logos, domain names or other distinctive brand features for any reason without our prior express written consent.
      2. (b) Users agree, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, not to copy, modify, duplicate, create derivative works from, republish, display, transmit or distribute all or any portion of any Intellectual Property on this Website in any form.
      3. (c) Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
      4. (d) You may not:
        1. i. modify or copy the layout or appearance of the Website nor any code contained in the Website; nor
        2. ii. attempt to discover or access any source code related to the Website.

    17. 16. Transfer and Assignment
      OMPTY may assign or novate the rights under these Terms to its subsidiary or business successors.

    18. 17. Disputes & Termination
      1. a) OMPTY maintains the right to terminate a User’s registration at any time for any reason by providing written notice to the User via the User’s OMPTY account or via the email address provided to OMPTY by the User.
      2. b) OMPTY may terminate registration for any breach of these Terms or if we otherwise believe that a User is acting unreasonably or is unfit to remain registered on the Website.
      3. c) OMPTY also reserves the right to, without limitation, do any or all of the following:
        1. i. suspend your registration; and/or
        2. ii. permanently or temporarily block your access to all or part of the Website.
      4. d) Disputes or complaints that do not fall under the Complaints & Refund Policy in clause 14, may be directed to the OMPTY support team in writing via the Website.
      5. e) Venues are encouraged to resolve any disputes or complaints with Users themselves in an appropriate manner.
      6. f) If a dispute or complaint cannot be resolved, or a resolution is found to be unsatisfactory by either the User or the Venue, OMPTY is to be notified as soon as practically possible by the complaining party. A complaint should be submitted in writing via the OMPTY website and should briefly outline the details and reasons for the complaint as well as any subsequent communication between the User and Venue in question.
      7. g) Once the complaint is received, OMPTY will review and respond within 5-7 days.OMPTY may request further information from either party and will conduct an investigation into any matter. OMPTY will mediate the dispute and make a final decision on a resolution.
      8. h) During a complaints procedure, term of suspension, or any other time, OMPTY may conduct an investigation into the conduct of any User or Venue.
      9. i) If a termination results for any reason, OMPTY is under no obligation to allow re-registration of the terminated User or Venue.

    19. 18. General
      1. a) OMPTY will not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond its reasonable control.
      2. b) These Terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia. By using the Website and agreeing to these Terms, you agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
      3. c) If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
      4. d) Any election for OMPTY not to exercise or enforce any rights or provisions under these Terms, will not constitute a waiver of such rights or provisions. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by OMPTY.
      5. e) We may change these Terms at any time, and changes will be posted on the Website.
      6. f) You agree to be bound by any changes by your continued use of the Website.

    20. 19. Privacy and Personal information
      If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please take the time to review and understand our Privacy Policy.

    1. 1. Venue agreement

      By using the OMPTY website www.Ompty.com (including mobile sites) and the App ("Website") you accept these Terms and Conditions ("Terms") and our Privacy Policy, including any amendments to these Terms that may occur from time to time. These Terms are between you and Voucher Advisor Pty Ltd (referred to in this Agreement as “OMPTY”,"we", "us" or "our").

    2. 2. Definitions
      In this Agreement the following terms are defined as follows:
      1. (a) “OMPTY Voucher” and “OMPTY Pass” refers to a voucher subject to these terms and conditions, which if purchased, entitles a User to redeem it at a particular Venue in exchange for Voucher Services;
      2. (b)“User” refers to any person that uses the OMPTY software platform to purchase an OMPTY Voucher or Pass;
      3. (c) “Venue” refers to a business providing a Venue Service at which you may redeem OMPTY Vouchers;
      4. (d) “Venue Services” refers to the provision of services by a Venue in exchange for redemption of an OMPTY Voucher by you;
      5. (e)“Website Service” refers to all services provided by OMPTY via the Website including information services, content and transaction capabilities on the Website; and
      6. (f) “Intellectual Property” refers to all industrial and intellectual property rights of whatever nature throughout the world conferred on OMPTY under statute, common law or equity, whether existing now or at any time in the future in relation to the Website or otherwise;
        1. i. all rights belonging to OMPTY in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets or otherwise;
        2. ii. all concepts, ideas, methods, methodologies and business methods developed in relation to the Website;
        3. iii. the copyright subsisting in all documents and electronically stored files encompassing the things referred to in paragraphs (a) and (b); and
        4. iv. any invention, discovery, or right to apply for a patent, trade mark or design in relation to anything referred to in paragraphs (a), and (b);


    3. 3. Registration Requirements of Venues
      1. (a)In order to access the Website platform for the advertisement of your Venue and your Venue’s Services, you are required to register on the Website. The registration process requires you to provide us with your business information including:
        1. i. the name and ABN/ACN of your business;
        2. ii. the address of your Venue that is offering the Venue Services;
        3. iii. a valid email address and phone number;
        4. iv. relevant details of your nominated bank account;
        5. v. details of appropriate contact person at your Venue; and
        6. vi. details of any restrictions your Venue might have including but not limited to access and entry conditions.
      2. (b) To ensure the provision of the Website Service, you must ensure this information is true and correct and not false or misleading.
      3. (c) By using the Website and its associated functionality, you give us your consent to send you direct communications to the email address you provide.
      4. (d) You may opt-out of the Website and Website Service at any time.
      5. (e) In order to utilise OMPTY’s Website Services, Venues are required to submit the following information:
        1. i. name of deal;
        2. ii. original price;
        3. iii. price to be advertised on OMPTY;
        4. iv. times and dates the deal will be available;
        5. v. photo of the specific deal;
        6. vi. quantity of deals you are offering on OMPTY; and
        7. vii. any further conditions a Venue wishes to notify Users of in respect of the Venue and Venue Service,
      6. (f) The above information is a minimum requirement for Venues to be able to advertise deals with OMPTY. Failure to provide all of the above information per deal will result in Venues being unable to advertise deals on OMPTY.

      7. 4. Venue Obligations
        1. a) The Venue agrees to provide accurate information to Users regarding the Venue Services available at any given time.
        2. b) The Venue bears full responsibility for creating and managing the Venue Services offered on the Website. Specifically, this means that the Venue is responsible for determining all parameters of any Venue Services advertised on the Website, and as such, OMPTY is not responsible or liable for any incorrect information provided by the Venue through the creation and management of Venue Services.
        3. c) The Venue bears full responsibility for updating information on our Website regarding current Venue Services, menu changes and all other relevant Venue details as required from time to time so as to provide User with an accurate and true account of the services provided.
        4. d) The Venue agrees to make all information regarding any and all exclusions, limitations or conditions of the Venue Services available to Users before they commit to bidding/purchasing an OMPTY Voucher to be redeemed for a Venue Service on the Website. This falls under your responsibility to ensure the proper creation and management of any deal(s) you advertise on our Website.
        5. e) Once a User has purchased an OMPTY Voucher to be redeemed against a Venue Service (the “Deal”), the Deal represents an agreement strictly between the User and the Venue. As the service provider of such agreements, you are responsible for providing the agreed upon service within the conditions specified by you to the User.
        6. f) The Venue agrees to indemnify OMPTY for any claims arising from representations made by the Venue on the Website

      8. 5. Access and use of the Website
        1. (a) You must only use the Website in accordance with these Terms and any applicable law.
        2. (b) You must not (or attempt to):
          1. i. interfere or disrupt the Website;
          2. ii. use data gathering or extraction tools on the Website;
          3. iii. interfere with security-related or other features of the Website; or
          4. iv. use, copy or distribute the Website or any material on the Website without our express permission.
        3. (c) Venues agree to use the Website in good faith and in a way so as not to bring OMPTY into disrepute or cause dis-reputation or any other damage to OMPTY, or the Website under these Terms.
        4. (d) We may refer any fraudulent or abusive or illegal activity to the relevant authorities.
        5. (e) You are solely responsible for the activity that occurs on your account (including information placed on the Website using your account), and you must keep your account details and password secure. OMPTY is not responsible for any unauthorised activity on your account.
        6. (f) If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you are solely responsible for taking immediate steps to re-secure your account (including changing your password).
        7. (g) You must not use another User’s account without our, and/or the other user’s, express permission.


      9. 6. Website Uptime
        1. (a) OMPTY does not make any representations or warranties that your access to the Website will be uninterrupted or error free. Access to the Website may be suspended or disrupted temporarily without notice in the case of system failure, web hosting errors, maintenance or repair or any reason beyond our control.
        2. (b) OMPTY is not responsible for the quality, accuracy or completeness of the content of information relating to booking availability, available deals, menus, or any other information relating to your Venue Service that you upload to our Website or any information uploaded by a User of OMPTY.

      10. 7. Information on this Website
        1. (a) As information regarding offers advertised on the Website is based on material provided by Venues, except as required by law (including the Australian Consumer Law) OMPTY cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by you or any other third parties.
        2. (b) You agree to make reasonable attempts to ensure the information about your Venue on our Website is accurate and current and does not mislead Users about the quality or completeness of the Services provided at your Venue.
        3. (c) Where possible, representations of photographic pictures associated with menus and offers should accurately depict the quality and true representation of the Venue Service to avoid conflict and complaints from Users.
        4. (d) The Venue is solely responsible for ensuring the accuracy and availability of offers that appear on our Website. OMPTY will not be held liable for any User complaints relating to incorrect or inaccurate information provided by the Venue on our Website.

      11. 8. Disclaimer and Liability
        1. (a) OMPTY excludes all liability to you or any other third party for loss or damage of any kind or nature relating in any way to the Website to the maximum extent permitted by law. This limitation includes, but is not limited to, any loss or damage you might suffer as a result of:
          1. i. errors, mistakes or inaccuracies on the Website;
          2. ii. your action or inaction in relation to any information contained on or referred to on the Website and/or any linked website;
          3. iii. personal injury or property damage of any nature resulting from your access to or use of the Website;
          4. iv. any unauthorised access to or use of our secure servers, including any personal or financial information stored on those servers;
          5. v. any interruption or cessation of transmission to or from the Website; or
          6. vi. any bugs, harmful code or communications which may be transmitted to or through our Website by any third party.
        2. (b) OMPTY does not give any warranty or guarantee to any minimum number of Users that may seek to obtain a deal from the Venue advertised through the Website.
        3. (c) OMPTY is not a party to or in any way responsible for monitoring any transaction between the User and the Venue.
        4. (d) Where any law provides a guarantee which may not be lawfully excluded, the liability of OMPTY will be limited to that provided by law.
        5. (e) In no event shall OMPTY, its affiliates, related entities or suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or these Terms (however arising, including negligence), except as required by law.
        6. (f) You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

      12. 9. Indemnity
        You will at all times indemnify, and keep indemnified, OMPTY and its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of:
        1. (a) your conduct or breach of these Terms;
        2. (b) your conduct in relation to any Venue Services;
        3. (c) your conduct in relation to any interactions with Users of the Website.

      13. 10. Bidding for Vouchers
        1. (a) The Website is used as a platform for Users to place a bid for an OMPTY Voucher. The Voucher is then used to redeem against a Venue Deal advertised by a Venue.
        2. (b) The promotion of vouchers for offers or Venue Services on the Website does not constitute an offer to sell. It is an invitation to treat only.
        3. (c) Bids placed on our Website by Users are offers to purchase vouchers for particular offers and/or Venue Services under these Terms, and any third party terms and conditions at the price specified.

      14. 11. Price and Payment
        1. (a) The prices of vouchers and other charges shown must be in Australian dollars and must be current at the time they are displayed on the Website.
        2. (b) All User payments are made through PayPal Australia and are subject to the PayPal Australia terms and conditions available at www.paypal.com or any other secure payment gateway made available via the Website to Users by OMPTY from time to time.
        3. (c) Once payment is received from a User, OMPTY will endeavour to release the appropriate funds (minus the OMPTY commission amount, as set out in clause 11(e)) to the Venue at its earliest convenience.
        4. (d) OMPTY will release the appropriate funds into the bank account nominated by the Venue during the registration process. To avoid any unnecessary delay, the Venue should ensure all bank account details are correct and accurate. OMPTY will not be held responsible for any fund transfer delays that are beyond the control of OMPTY.
        5. (e) OMPTY will retain a commission of 8% (not inclusive of GST) of each Voucher purchased by a User to be used at a Venue via the Website (the “Commission”). The Commission may change from time to time, OMPTY will notify you of any change to the Commission via email prior to effecting such change. If a change to the Commission is made while a Venue has a Venue Service available to Users on the Website, the Commission will not be changed for that Venue Service and will be applied to future Venue Services offered on the Website by the Venue.

      15. 12. Vouchers: Use and Redemption of an OMPTY Voucher
        1. (a) All OMPTY vouchers sold on the Website are offered on behalf of Venues. An OMPTY voucher is only redeemable for the specified Venue Services from the relevant Venue and is only available for redemption during the period specified on the voucher.
        2. (b) The Venue, as supplier of the Venue Services, may refuse service to any User that is attempting to redeem an incorrect or expired Voucher.
        3. (c) The Venue agrees and accepts that OMPTY does not act as agent for the Venue.
        4. (d) The Venue understands and accepts that the OMPTY Voucher cannot be:
          1. i. redeemed in parts, unless otherwise specified by the OMPTY voucher or by mutual agreement after consultation with the Venue;
          2. ii. exchanged or redeemed for cash;
          3. iii. used more than once; or
          4. iv. combined with any other discount or promotional offer unless specified by the Venue.
        5. (e) Neither OMPTY nor the Venue will be responsible for lost or stolen vouchers or fraudulent use (by a person other than OMPTY or the Venue) of the voucher’s unique reference number.

      16. 13. OMPTY Vouchers: Availability of Services
        1. (a) Images appearing on the Website to illustrate meals and Venue Services offered by Venues are intended to be indicative only of the Venue Services, and Venues.
        2. (b) Certain vouchers and offers may not be available on short notice.
        3. (c) Venues’ menus advertised on the Website are indicative only and subject to change without notice.

      17. 14. Vouchers: Bookings and Cancellations
        1. (a) OMPTY understands that Venue Services are subject to availability and some Venues will require bookings in advance. While Venue availability is not guaranteed until confirmation with Venue is made, Venues should ensure that the quantity of deals advertised is reflective of guests able to be accommodated in accordance with the times and dates the Venues have uploaded onto OMPTY.
        2. (b) If the Venue believes a User’s Voucher should be cancelled, voided or rescinded for any reason, the Venue must lodge a complaint with OMPTY outlining the reasons.

      18. 15. Vouchers: Complaints and Refund Policy
        1. (a) Upon receipt of any User complaint, OMPTY will endeavour to contact the Venue and resolve the complaint on behalf of the User. If a complaint cannot be resolved, OMPTY will provide a remedy in accordance with these Terms and your statutory rights.
        2. (b) Users may seek a refund, which OMPTY will reclaim from the Venue, if OMPTY deems it appropriate in the following circumstances:
          1. i. The Venue fails to or cannot provide the offer or Venue Services within the validity period;
          2. ii. The Venue Services supplied by the Venue are not reasonably fit for the purpose described, not of acceptable quality, or the offer or Venue Services are materially different to what we advertised;
          3. iii. The Venue Services are not provided within a reasonable time, taking into account the validity period of the voucher.
        3. (c) In the event that the Venue cannot provide the offer or the Venue Services within the validity period, OMPTY will only provide a refund in circumstances where User’s have made reasonable attempts to use their OMPTY Voucher during the validity period.
        4. (d) Neither OMPTY nor the Venue is responsible where Users are unable to redeem their voucher for reasons beyond OMPTY's or the Venue’s control.
        5. (e) OMPTY will review each complaint and refund claim on a case-by-case basis in accordance with our refund policy and its decision shall be final and binding.
        6. (f) Expired vouchers are non-refundable and Venues bear no responsibility or liability for refusing to honour a deal on an expired Voucher. OMPTY does not allow refunds or returns for change of mind and Venues bear no responsibility or liability for refusing to honour Vouchers that are redeemable for another Venue or another deal.

      19. 16. Intellectual Property & Copyright
        1. (a) OMPTY reserves all intellectual property rights, including but not limited to, copyright in material and/or Website Services provided by OMPTY. You may not use our marketing material, business names, trademarks, logos, domain names or other distinctive brand features for any reason without our prior express written consent.
        2. (b) Venues agree, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, not to copy, modify, duplicate, create derivative works from, republish, display, transmit or distribute all or any portion of any Intellectual Property on this Website in any form.
        3. (c) Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
        4. (d) You may not:
          1. i. modify or copy the layout or appearance of the Website nor any code contained in the Website; nor
          2. ii. attempt to discover or access any source code related to the Website.
        5. (e) The Venue agrees to grant a license to OMPTY for the right to use the Venue’s Intellectual Property, Trademarks and other copyright material for the purposes of advertising, marketing and content display on the OMPTY Website. By using the Website, Venues agree to allow OMPTY to use the Venues Intellectual Property, Trademarks and other copyright material as considered necessary by OMPTY.

      20. 17. Transfer and Assignment
        OMPTY may assign or novate the rights under these Terms to its subsidiary or business successors.

      21. 18. Termination
        Termination by OMPTY
        1. (a) OMPTY maintains the right to provide notice to a Venue that this agreement is being terminated or immediately terminate a Venue’s registration at any time for any reason by providing written notice to the Venue via the Venue’s OMPTY account or via the email address provided to OMPTY by the Venue (“Termination Notice).Once a Termination Notice has been provided to the Venue by OMPTY may:
          1. i. within 5 Business Days of the date a Termination Notice is provided remit any funds owing to the Venue pursuant to clause 11 to the Venue and require that the Venue continue to honour any Vouchers that have been purchased for a Venue Service relating to the Venue Service; or
          2. ii. OMPTY may cancel any Vouchers that have been purchased by Users for Venue Services at its discretion. If any vouchers are cancelled by OMPTY the Venue will not be required to honour such Vouchers and this agreement may be immediately terminated without any further fees being remitted to the Venue.
        2. (b) OMPTY also reserves the right to, without limitation, do any or all of the following:
          1. i. suspend your registration;
          2. ii. permanently or temporarily hide all or part of your advertised deals on the Website; and/or
          3. iii. permanently or temporarily block your access to all or part of the Website.
        3. Termination by Venue
        4. (c) Venues may terminate this agreement at any time by providing notice to OMPTY. If this agreement is terminated by a Venue, any Vouchers for Venue Services that have been purchased by Users for redemption at the Venue must be honoured by the Venue prior to termination of this agreement.

      22. 19. Disputes
        1. a) Disputes or complaints that do not fall under the Complaints & Refund Policy in clause 14, may be directed to the OMPTY support team in writing via the Website.
        2. b) Venues are encouraged to resolve any disputes or complaints with Users themselves in an appropriate manner.
        3. c) If a dispute or complaint cannot be resolved, or a resolution is found to be unsatisfactory by either the User or the Venue, OMPTY is to be notified as soon as practically possible by the complaining party. A complaint should be submitted in writing via the OMPTY website and should briefly outline the details and reasons for the complaint as well as any subsequent communication between the User and Venue in question.
        4. d) Once the complaint is received, OMPTY will review and respond within 5-7 days. OMPTY may request further information from either party and will conduct an investigation into any matter. OMPTY will mediate the dispute and make a final decision on a resolution.
        5. e) During a complaints procedure, term of suspension, or any other time, OMPTY may conduct an investigation into the conduct of any User or Venue.
        6. f) If a termination results for any reason, OMPTY is under no obligation to allow re-registration of the terminated User or Venue.

      23. 20. General
        1. a) OMPTY will not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond its reasonable control.
        2. b) These Terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia. By using the Website and agreeing to these Terms, you agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
        3. c) If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
        4. d) Any election for OMPTY not to exercise or enforce any rights or provisions under these Terms, will not constitute a waiver of such rights or provisions. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by OMPTY.
        5. e) OMPTY may amend these Terms at any time, and changes will be posted on the Website.
        6. f) You agree to be bound by any changes by your continued use of the Website.

      24. 21. Privacy and Business information
        If you provide us with any personal or business information our Privacy Policy will govern how we will use or disclose that information. Please take the time to review and understand our Privacy Policy.