Terms and Conditions

These Terms of Service ("Terms") govern access to and use of the DiningMate platform, website at diningmate.com.au, and services that expressly link to these Terms (together, the "Platform").

The Platform is operated by DiningMate (ABN 18 862 175 106) ("DiningMate", "we", "us", or "our").

By accessing or using the Platform, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

1. Definitions

• "Booking Data" means information created, submitted, collected, generated, or recorded in connection with a booking through the Platform, including booking details, booking status, communications, timing, party size, booking events, attendance or no-show status, and related metadata.

• "Diner" means an individual who searches for a Restaurant or makes, changes, cancels, or otherwise manages a booking through the Platform without creating a DiningMate account.

• "Diner Personal Information" means personal information relating to a Diner, including their name, email address, phone number, booking details, and booking notes.

• "Platform Data" means data generated by, derived from, or recorded through the operation of the Platform, including Booking Data, usage data, event data, metadata, search data, operational data, analytics, rankings, insights, aggregated data, de-identified data, and derivative datasets. Platform Data does not include Restaurant Data in its original form, except to the extent it is incorporated into a derivative, aggregated, indexed, transformed, or de-identified dataset.

• "Restaurant" means a hospitality venue listed on, connected to, or using the Platform.

• "Restaurant Data" means information, content, and materials submitted by or for a Restaurant, including restaurant profile details, menus, photographs, opening hours, pricing, availability, seating configuration, policies, and promotional content.

• "Restaurant Manager" means a person authorised by a Restaurant to create or use a DiningMate account and manage that Restaurant through the Platform.

• "Subscription" means a paid Restaurant Manager subscription to the Platform.

2. How these Terms apply

These Terms contain:

• Part A — Diner Terms, which apply to Diners;

• Part B — Restaurant Manager Terms, which apply to Restaurant Managers and the Restaurants they represent; and

• Part C — General Terms, which apply to everyone using the Platform.

A Diner does not create a DiningMate account and is not required to subscribe to use the booking features made available to Diners.

A Restaurant Manager who accepts these Terms on behalf of a Restaurant represents and warrants that they have authority to bind that Restaurant. References to a Restaurant Manager in Part B include the Restaurant they represent where the context permits.

Part A — Terms for Diners

3. Using DiningMate to make a booking

DiningMate enables Diners to search for Restaurants, view information and availability, and request, make, modify, or cancel bookings.

When you make a booking through the Platform:

1. you are entering into a direct arrangement with the relevant Restaurant for the dining experience;

2. DiningMate acts as a technology provider that facilitates the booking;

3. the Restaurant, not DiningMate, is responsible for providing the dining experience, including food, service, venue conditions, accessibility, pricing, and compliance with applicable laws; and

4. the Restaurant may accept, reject, amend, cancel, or impose conditions on a booking in accordance with its disclosed booking policies and applicable law.

4. Your booking responsibilities

You must provide information that is accurate, current, and complete when making or managing a booking.

You must not:

• make a false, misleading, fraudulent, speculative, or duplicate booking;

• make a booking for resale, transfer, commercial exchange, or unauthorised redistribution;

• use automated tools, scripts, bots, crawlers, or programmatic methods to create, modify, cancel, or bulk-generate bookings;

• impersonate another person or misrepresent your relationship with a Restaurant; or

• use the Platform in a manner that interferes with the Platform, Restaurants, or other users.

A booking may be cancelled or restricted where DiningMate or the Restaurant reasonably believes it was made fraudulently, in breach of these Terms, or using an unauthorised automated process.

5. Restaurant information, booking policies, and no-shows

Restaurant information displayed through the Platform may be provided by Restaurants or derived from public sources. While we aim to present useful information, DiningMate does not guarantee that restaurant descriptions, menus, hours, availability, prices, dietary information, accessibility information, or other Restaurant information is complete, current, or accurate.

Each Restaurant may set its own policies concerning booking confirmation, booking changes and cancellations, deposits or pre-payments, cancellation fees, no-shows, late arrivals, group booking conditions, and venue rules. You are responsible for reviewing the relevant Restaurant's disclosed policies before confirming a booking.

If you do not attend a confirmed booking without cancelling in accordance with the Restaurant's policy, the Restaurant may apply a fee or other consequence disclosed to you before booking.

Where DiningMate reasonably believes that a Diner has engaged in repeated no-shows, fraudulent booking activity, or misuse of the Platform, DiningMate may restrict that Diner's ability to make future bookings. In deciding whether to impose a restriction, DiningMate may consider available Booking Data, reasonable technical and security signals, the seriousness and frequency of the conduct, and any explanation reasonably provided by the Diner.

6. Deposits and pre-payments

A Restaurant may require a deposit or pre-payment for a booking. Where the Platform facilitates collection of a deposit or pre-payment:

• the Restaurant determines the amount, conditions, and forfeiture policy;

• the applicable terms must be disclosed before you confirm the booking;

• DiningMate may facilitate payment as a technology or payment intermediary for the Restaurant; and

• any dispute regarding a Restaurant's decision to retain or refund a deposit is primarily between you and the Restaurant, subject to applicable law.

Nothing in this clause excludes any rights you may have under the Australian Consumer Law.

7. Diner personal information

When you make a booking, DiningMate may collect Diner Personal Information and share the information reasonably necessary to confirm, manage, and fulfil that booking with the relevant Restaurant.

DiningMate and the relevant Restaurant may handle Diner Personal Information only in accordance with applicable privacy laws, the Privacy Policy, and the purposes connected with the booking and hospitality service.

Restaurants must not use Diner Personal Information obtained through DiningMate for unrelated direct marketing unless the Diner has separately and validly consented to that marketing.

For information about access, correction, deletion requests, privacy complaints, marketing choices, and how DiningMate handles personal information, see the Privacy Policy.

Part B — Terms for Restaurant Managers

8. Restaurant Manager account and authority

This Part B applies only to Restaurant Managers and Restaurants.

To access Restaurant Manager features, you must create a DiningMate account and provide accurate, current, and complete account, Restaurant, and billing information. You must keep that information current.

You are responsible for maintaining the confidentiality of account credentials, ensuring each authorised user has appropriate access, promptly removing access for staff who no longer require it, and all activity conducted through your account, except to the extent caused by DiningMate's breach of these Terms or failure to take reasonable security measures.

You must notify us promptly at support@diningmate.com.au if you suspect unauthorised account access or a security incident involving the Platform.

9. Subscription, fees, and billing

9.1 Subscription

Restaurant Manager access is available through a paid Subscription. Unless otherwise agreed in writing, the current Subscription is:

• DiningMate Subscription — $49 AUD per month per active Restaurant location, inclusive of GST where applicable.

The features and limits of a Subscription are described on the DiningMate pricing page or in an applicable order form.

9.2 Billing and renewal

Subscription fees are billed in advance on a recurring monthly basis. By subscribing, you authorise DiningMate and its payment processor to charge your nominated payment method at the beginning of each billing period.

Subscriptions automatically renew at the end of each billing period unless cancelled before the next renewal date.

9.3 Failed payments

If a payment fails, we may retry the charge and contact you. If payment remains overdue after reasonable notice, we may suspend Restaurant Manager access until payment is resolved.

9.4 Price changes

We may change Subscription fees by giving at least 30 days' prior written notice. A price change will apply from the next renewal date after the notice period unless you cancel the Subscription before that renewal date.

9.5 Cancellation and refunds

You may cancel a Subscription through the Restaurant Manager dashboard or by contacting support@diningmate.com.au.

Unless otherwise required by law or agreed in writing:

• cancellation takes effect at the end of the current paid billing period;

• you will not be charged for later billing periods; and

• DiningMate does not provide pro-rated refunds for an unused portion of the current billing period.

10. Restaurant Manager obligations

You must ensure that Restaurant Data is accurate, current, complete, lawful, and not misleading.

You must not use the Platform to:

• misrepresent Restaurant availability, pricing, menus, services, conditions, or booking policies;

• process bookings for an unlawful purpose;

• send spam or unauthorised direct marketing;

• collect, sell, lease, disclose, or use Diner Personal Information except as permitted by these Terms, the Privacy Policy, and applicable law;

• circumvent Platform controls or access restrictions;

• scrape, reverse engineer, reproduce, or build a competing service using the Platform or Platform Data;

• introduce malware, harmful code, or unauthorised integrations; or

• access the Platform programmatically without DiningMate's prior written approval.

You are responsible for ensuring that your staff, contractors, and other authorised users comply with these Terms.

11. Handling Diner Personal Information

A Restaurant Manager may access Diner Personal Information relating to bookings for its Restaurant only for the following purposes:

• confirming, modifying, managing, and fulfilling a booking;

• providing the relevant hospitality service;

• communicating with a Diner about that booking;

• handling a genuine customer-service issue, dispute, safety matter, or legal obligation; and

• maintaining internal records where reasonably necessary and permitted by law.

A Restaurant Manager must:

• take reasonable steps to protect Diner Personal Information from misuse, interference, loss, unauthorised access, modification, or disclosure;

• limit access to personnel who need the information for the permitted purposes;

• not use Diner Personal Information for unrelated marketing unless the Diner has separately and validly consented;

• not sell, rent, trade, broker, or disclose Diner Personal Information to third parties for their own purposes;

• notify DiningMate promptly if it becomes aware of a suspected or actual unauthorised access, use, disclosure, loss, or security incident involving Diner Personal Information obtained through the Platform; and

• comply with applicable privacy, spam, consumer, and other laws.

12. Restaurant Data and Platform Data

12.1 Restaurant Data

As between DiningMate and the Restaurant, the Restaurant retains ownership of Restaurant Data in its original form.

The Restaurant grants DiningMate a non-exclusive, worldwide, royalty-free, sublicensable, transferable licence to host, store, reproduce, modify, adapt, publish, display, distribute, and otherwise use Restaurant Data as reasonably necessary to operate, maintain, secure, support, and improve the Platform; display and promote the Restaurant and its offerings through the Platform; develop new Platform features and services; create Platform Data; and comply with legal obligations.

DiningMate may continue to use Restaurant Data in aggregated, de-identified, historical, or archival form after the Restaurant's Subscription ends, subject to applicable law.

12.2 DiningMate ownership of Platform Data

To the maximum extent that ownership rights can exist in data, and as between DiningMate and the Restaurant Manager or Restaurant:

1. DiningMate owns all right, title, and interest in the Platform and Platform Data;

2. Platform Data includes Booking Data, booking records, booking events, metadata, operational data, usage data, user behaviour data, search data, availability data, analytics, rankings, indexes, datasets, models, derived insights, aggregated data, and de-identified data generated through or in connection with the Platform;

3. a Restaurant Manager or Restaurant does not acquire any ownership interest in Platform Data merely because it submitted Restaurant Data, received a booking, or paid for a Subscription; and

4. subject to applicable law and the Privacy Policy, DiningMate may retain, use, analyse, combine, commercialise, license, and create derivative works from Platform Data for operating, securing, improving, developing, marketing, and commercialising the Platform and related products and services; and

5. DiningMate may use aggregated or de-identified Platform Data to train, test, evaluate, improve, and develop automated systems and artificial-intelligence-enabled features.

For clarity, DiningMate does not claim to own an individual's personal information. DiningMate's handling of personal information is governed by applicable law and the Privacy Policy. DiningMate will not use identifiable Diner Personal Information to train, test, evaluate, or improve artificial intelligence models unless the Diner has provided valid consent or the use is otherwise permitted by applicable privacy law. DiningMate will not use sensitive information contained in booking notes for those purposes unless it has obtained any consent required by law.

12.3 Limited Restaurant access right

During an active Subscription, DiningMate grants the Restaurant a limited, non-exclusive, non-transferable, revocable right to access Booking Data relating to that Restaurant through the Platform solely for the permitted purposes in clause 11.

This access right does not:

• transfer ownership of Platform Data;

• permit the Restaurant to use Platform Data for unrelated direct marketing, data brokerage, competitive analysis, or building a competing product or service;

• permit bulk export, scraping, extraction, or automated copying of Platform Data unless DiningMate expressly enables or approves that activity in writing; or

• continue after the Subscription or Restaurant Manager access ends, subject to rights required by applicable law.

12.4 De-identified and aggregated data

DiningMate may create, use, retain, disclose, license, and commercialise aggregated or de-identified Platform Data indefinitely, provided it does not reasonably identify a Diner or Restaurant unless separately authorised or permitted by law.

13. Suspension and termination of Restaurant access

DiningMate may suspend or terminate Restaurant Manager access where:

• you materially breach these Terms and, where the breach can reasonably be remedied, fail to remedy it within 14 days after notice;

• continued access creates a material security, legal, fraud, privacy, reputational, or operational risk;

• fees remain unpaid after reasonable notice;

• you use Diner Personal Information in breach of these Terms or applicable law; or

• DiningMate discontinues the relevant service on at least 30 days' notice.

Where DiningMate terminates a prepaid Subscription for reasons other than your material breach, DiningMate will provide a pro-rated refund for the unused prepaid portion.

On termination, DiningMate may remove identifiable Restaurant Data from public-facing areas within a reasonable time. DiningMate may retain Platform Data, Diner Personal Information, Restaurant Data, and related records where reasonably necessary for the purposes described in these Terms, the Privacy Policy, or applicable law.

Part C — General Terms

14. Intellectual property

DiningMate and its licensors own the Platform, including its software, interfaces, branding, text, graphics, databases, features, and functionality.

Subject to these Terms, DiningMate grants:

1. Diners a limited, non-exclusive, non-transferable, revocable licence to use the Platform for personal, non-commercial restaurant discovery and booking purposes; and

2. Restaurant Managers a limited, non-exclusive, non-transferable, revocable licence to use the Platform for the internal business purpose of managing the relevant Restaurant.

Except as expressly permitted by these Terms, you must not copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract source code from the Platform.

15. Third-party services and links

The Platform may contain links to, or integrate with, third-party services. DiningMate does not control and is not responsible for third-party services, content, privacy practices, or terms. Your use of a third-party service is subject to that provider's terms and policies.

16. Disclaimers

To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis.

DiningMate does not warrant that the Platform will be uninterrupted, error-free, secure, or available at all times, or that Restaurant information will be complete, current, or accurate.

Nothing in these Terms excludes, restricts, or modifies rights or remedies that cannot lawfully be excluded, restricted, or modified, including rights under the Australian Consumer Law.

17. Liability

To the maximum extent permitted by law:

• DiningMate is not liable for indirect, incidental, special, consequential, exemplary, or punitive loss, or loss of profits, revenue, goodwill, anticipated savings, business opportunity, or data;

• DiningMate is not liable for a Restaurant's acts, omissions, services, food, venue conditions, cancellation decision, no-show charge, deposit decision, or other conduct; and

• DiningMate's aggregate liability arising out of or in connection with the Platform or these Terms is limited: for a Restaurant Manager or Restaurant, to the Subscription fees paid to DiningMate by that Restaurant in the 12 months before the event giving rise to the claim; and for a Diner, to AUD $200.

This clause does not apply to liability that cannot be excluded or limited by law.

18. Indemnity

You indemnify DiningMate and its officers, employees, contractors, and licensors against losses, liabilities, damages, costs, and expenses (including reasonable legal costs) arising directly from your material breach of these Terms, your unlawful conduct, your infringement of a third party's rights, or content or data you submit that infringes a third party's rights or breaches applicable law.

This indemnity does not apply to the extent a loss was caused by DiningMate's negligence, wilful misconduct, or breach of applicable law.

19. Changes to these Terms

We may update these Terms from time to time.

For material changes, we will give Restaurant Managers at least 30 days' prior notice by email or through the Restaurant Manager dashboard, unless a shorter period is reasonably necessary for legal, security, or safety reasons. We may provide Diners with notice through the Platform or another reasonable method.

The updated Terms take effect on the stated effective date. If you do not agree to the updated Terms, you must stop using the Platform and, if you are a Restaurant Manager, cancel your Subscription before the updated Terms take effect.

20. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia.

Before starting legal proceedings, the parties will use reasonable efforts to resolve a dispute through good-faith discussion. Nothing in this clause prevents either party from seeking urgent injunctive relief or exercising rights available under applicable law.

The courts of Victoria, Australia have non-exclusive jurisdiction over disputes arising from these Terms.

21. General

These Terms and the Privacy Policy form the entire agreement between you and DiningMate regarding the Platform, except where DiningMate and a Restaurant have entered into a separate written agreement.

If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in effect.

You may not assign your rights or obligations under these Terms without DiningMate's written consent. DiningMate may assign its rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, or by operation of law.

A failure to enforce a provision is not a waiver of that provision.

Force majeure

DiningMate will not be liable for any delay or failure to perform its obligations under these Terms to the extent caused by circumstances beyond DiningMate's reasonable control, including natural disasters, fires, floods, acts of government, war, civil unrest, pandemics, labour disputes, failures of third-party infrastructure or telecommunications networks, cyber incidents affecting third-party providers, or other events outside DiningMate's reasonable control.

DiningMate will take reasonable steps to minimise the impact of such events.

A force majeure event does not excuse payment obligations that accrued before the event occurred.

If a force majeure event continues for more than 60 days and materially prevents DiningMate from providing the relevant service, either party may terminate the affected Subscription by written notice.

22. Contact

Questions about these Terms can be sent to:

DiningMate (ABN: 18 862 175 106)
Email: support@diningmate.com.au
Website: diningmate.com.au
Address: Unit 2, 3 Merton Cl, Mount Waverley VIC 3149

These Terms and Conditions were last reviewed on 27 June 2026. We recommend that you periodically review these Terms for any updates.