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Terms and Conditions

Last updated: 30 March 2026  |  Effective: 30 March 2026

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the DiningMate platform, including the website located at diningmate.com.au, any associated mobile applications, and related services (collectively, the "Platform"), operated by DiningMate (ABN: 18 862 175 106) ("we", "us", or "our").

By registering an account, accessing, or using the Platform, you ("you" or "User") acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you do not agree to these Terms, you must not access or use the Platform. If you are using the Platform on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

2. Eligibility

To use the Platform, you must be at least 18 years of age, have the legal capacity to enter into a binding contract under the laws of Australia, and not be prohibited from using the Platform under applicable law. By using the Platform, you represent and warrant that you meet all of these eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Platform, you must register for an account. When registering, you agree to provide accurate, current, and complete information, including your first name, last name, email address, and phone number. You must keep this information updated at all times.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at support@diningmate.com.au if you become aware of any unauthorised use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

3.3 Account Responsibility

You are solely responsible for all activity that occurs under your account. We reserve the right to suspend or terminate your account if we reasonably believe it has been compromised or used in breach of these Terms.

4. Description of the Platform

DiningMate is a restaurant discovery and booking platform that enables Users to search for and discover restaurants across Australia, view restaurant details and availability, make dining reservations at participating restaurants ("Restaurants"), and manage existing bookings.

We act as a technology intermediary between Users and Restaurants. We are not a party to the dining contract between you and the Restaurant. The Restaurant is solely responsible for the quality, accuracy, and provision of the dining experience.

5. Subscription Plans and Billing

5.1 Subscription Plans

Access to certain features of the Platform requires a paid subscription. We currently offer the following plan:

  • DiningMate Subscription – $49 AUD/month (inclusive of GST where applicable)

Detailed descriptions of the plan and its associated features are available on the Platform's pricing page.

5.2 Billing and Payment

Subscription fees are billed in advance on a recurring monthly basis. By subscribing, you authorise us to charge the applicable subscription fee to your nominated payment method at the start of each billing period. All fees are stated in Australian Dollars (AUD) and are inclusive of applicable Goods and Services Tax (GST) where required by law. Payment is processed securely through our third-party payment provider. We do not store your full payment card details on our servers.

5.3 Failed Payments

If a payment fails, we may retry the charge. If payment remains unsuccessful after a reasonable period, we reserve the right to suspend or downgrade your account until payment is resolved.

5.4 Price Changes

We reserve the right to change subscription pricing at any time. We will provide you with at least 30 days' written notice via email before any price change takes effect. Your continued use of the Platform after the price change takes effect constitutes your acceptance of the new pricing. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

5.5 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will receive a reminder notification prior to each renewal.

6. Cancellation and Refunds

6.1 Cancellation by User

You may cancel your subscription at any time through your account settings or by contacting us at support@diningmate.com.au. Upon cancellation, your subscription will remain active until the end of the current billing period and you will not be charged for subsequent periods. We do not provide pro-rated refunds for the unused portion of a billing period, except as required by law.

6.2 Australian Consumer Law

Nothing in these Terms limits, excludes, or modifies any rights or guarantees you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL"), including the consumer guarantees. If you are a "consumer" under the ACL and we fail to provide the Platform with acceptable care and skill, or it is not fit for purpose, you may be entitled to a refund or other remedy. Please contact us at support@diningmate.com.au to request a remedy.

6.3 Termination by Us

We reserve the right to suspend or terminate your account and subscription at any time if you breach these Terms. In the event of such termination, we will provide a pro-rated refund of any prepaid subscription fees for the unused period, except where termination is due to your breach.

7. Restaurant Bookings

7.1 Booking Process

When you make a reservation through the Platform, you are entering into a direct agreement with the Restaurant. We facilitate the booking on your behalf but are not responsible for the actions or omissions of any Restaurant.

7.2 Accuracy of Information

Restaurant information displayed on the Platform is provided by the Restaurants and/or sourced from publicly available data. We do not guarantee the accuracy, currency, or completeness of such information. We recommend confirming details directly with the Restaurant before attending.

7.3 Cancellation of Bookings

Booking cancellation policies are set by individual Restaurants. You should review the cancellation policy applicable to each booking before confirming. We are not liable for any cancellation fees or charges imposed by Restaurants.

7.4 No-Shows

If you fail to attend a confirmed reservation without cancellation, you may be subject to fees imposed by the Restaurant. Repeated no-shows may result in restrictions on your ability to make future bookings through the Platform.

7.5 Prohibited Booking Practices — Scalping and Unauthorised Resale

Reservations made through the Platform are for the personal use of the account holder only. You must not:

  • Make bookings for the purpose of resale, transfer, or commercial exchange to any other person or entity;

  • List, advertise, or offer reservations for sale or transfer through any third-party platform, website, or service; or

  • Use any automated tool, script, or programmatic method to create bookings in bulk or for redistribution.

Any reservation obtained through an unauthorised third-party source (including scalping services) is invalid. DiningMate reserves the right to cancel any such reservation without notice, and any deposit or fee associated with that booking will be forfeited without refund or compensation. DiningMate accepts no liability to the holder of a scalped or unauthorised reservation.

7.6 Deposits and Pre-Payments

Certain Restaurants may require a deposit or pre-payment at the time of booking. Where this applies:

  • The deposit amount, conditions, and forfeiture policy are determined solely by the Restaurant and will be disclosed to you before you confirm the booking;

  • DiningMate may facilitate the collection of deposits on behalf of the Restaurant as a payment intermediary. In doing so, DiningMate acts as agent for the Restaurant and is not the merchant of record for the deposit;

  • Cancellation within the Restaurant's specified cancellation window may result in full or partial forfeiture of the deposit, as set by the Restaurant's policy; and

  • Disputes regarding deposit refunds or forfeitures are between you and the Restaurant. DiningMate is not liable for any deposit amount withheld by a Restaurant in accordance with its stated policy.

8. Restaurant Manager Accounts

8.1 Restaurant Manager Access

Certain features of the Platform may be made available to representatives of Restaurants ("Restaurant Managers") to manage their restaurant listings, update information, and access booking data. By accessing the Platform as a Restaurant Manager, you represent and warrant that you are authorised by the Restaurant to act on its behalf, the information you provide is accurate and up to date, and your use of the Platform complies with these Terms and all applicable laws.

8.2 Responsibility for Submitted Data

Restaurant Managers are solely responsible for all data, content, and information they submit to the Platform. DiningMate is not responsible for any inaccuracy, misrepresentation, or harm arising from Restaurant Data submitted by a Restaurant Manager.

8.3 No Ownership of Platform Data

Restaurant Managers expressly acknowledge and agree that:

  • DiningMate owns all data generated by or residing within the Platform, including data derived from or incorporating Restaurant Data (see clause 10.5);

  • Access to the Platform does not confer any right, title, or interest in the Platform or its underlying data;

  • Any booking records, customer data, analytics, or reporting made available to Restaurant Managers through the Platform are provided for informational purposes only and remain the property of DiningMate; and

  • Restaurant Managers must not export, copy, or otherwise use Platform Data for any purpose other than managing their own restaurant listing, without DiningMate's prior written consent.

8.4 Termination of Restaurant Access

DiningMate reserves the right to suspend or terminate a Restaurant Manager's access to the Platform at any time, with or without notice, if the Restaurant Manager breaches these Terms or if the commercial relationship between DiningMate and the Restaurant is terminated.

9. User Conduct

9.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Platform in any way that violates any applicable local, state, national, or international law or regulation;

  • Make false, misleading, or fraudulent reservations;

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;

  • Harvest or collect any personal information from other Users without their consent;

  • Transmit any unsolicited or unauthorised advertising or promotional material (spam);

  • Attempt to gain unauthorised access to any portion of the Platform, other accounts, or systems;

  • Introduce viruses, malware, or other harmful code to the Platform; or

  • Use automated tools (bots, scrapers, crawlers) to access the Platform without our prior written consent.

9.2 Programmatic and API Access

You must not access the Platform or its data programmatically — including through scripts, bots, crawlers, or automated tools — without a separate written licence from DiningMate. In particular, you must not:

  • Use automated means to create, cancel, or modify bookings in bulk;

  • Scrape, harvest, or extract listing data, restaurant information, pricing, or availability data from the Platform for any commercial or non-personal purpose;

  • Reverse engineer or replicate any part of the Platform's functionality using data obtained from it; or

  • Integrate the Platform's data into another product or service without DiningMate's prior written consent.

Any developer or third-party integration with the Platform is subject to a separate API licence agreement. Access granted under such an agreement does not include the right to create bookings for resale or to aggregate Platform Data for competitive purposes.

9.3 Consequences of Breach

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including suspending or terminating their account and reporting them to law enforcement authorities.

10. Intellectual Property

10.1 Our Intellectual Property

The Platform and its content, features, and functionality — including but not limited to software, text, graphics, logos, and trademarks — are owned by or licensed to DiningMate and are protected by Australian and international intellectual property laws.

10.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform strictly in accordance with these Terms for your personal, non-commercial use.

10.3 Restrictions

You must not copy, modify, distribute, sell, or lease any part of the Platform or its content, or reverse engineer or attempt to extract the source code of the Platform, without our prior written consent.

10.4 User Content

By submitting any content to the Platform (such as reviews or photos), you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, modify, and display that content in connection with the operation and promotion of the Platform. You represent and warrant that you own or have the necessary rights to grant this licence, and that your content does not infringe the rights of any third party.

10.5 Restaurant-Submitted Data and Platform Data Ownership

Where a Restaurant or its authorised representative (a "Restaurant Manager") accesses the Platform to submit, upload, or manage data — including but not limited to restaurant profiles, menus, descriptions, photographs, opening hours, pricing, seating availability, and promotional content ("Restaurant Data") — the following applies:

Licence grant to DiningMate: By submitting Restaurant Data to the Platform, the Restaurant Manager grants DiningMate a non-exclusive, worldwide, royalty-free, sublicensable, and perpetual licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such Restaurant Data in connection with the operation, maintenance, improvement, and promotion of the Platform.

Platform Data ownership: All data generated by or derived from the operation of the Platform — including aggregated data, compiled listings, search indexes, user behaviour data, booking records, analytics, and any derivative works produced by DiningMate using Restaurant Data — is owned exclusively by DiningMate. This includes data that incorporates or is derived from Restaurant Data. No Restaurant Manager acquires any ownership interest in such Platform Data by virtue of submitting Restaurant Data to the Platform.

No right to Platform Data: Restaurant Managers acknowledge and agree that they have no proprietary right, title, or interest in any data held within the Platform beyond the Restaurant Data they have directly submitted, and that DiningMate may continue to use Platform Data (including anonymised or aggregated forms of Restaurant Data) after the termination of any commercial relationship with the Restaurant.

Accuracy of Restaurant Data: Restaurant Managers are solely responsible for ensuring the accuracy, currency, and completeness of the Restaurant Data they submit. DiningMate does not verify Restaurant Data and accepts no liability for any inaccuracy or omission.

Removal of Restaurant Data: Upon written request or termination of the Restaurant's account, DiningMate will, within a reasonable time, remove identifiable Restaurant Data from public-facing areas of the Platform. However, DiningMate retains the right to retain anonymised or aggregated data derived from Restaurant Data indefinitely for analytical and operational purposes.

11. Third-Party Services and Links

The Platform may contain links to third-party websites or services, or integrate with third-party services (such as payment processors). These are provided for convenience only. We do not endorse and are not responsible for the content, privacy practices, or terms of any third-party websites or services. Your use of third-party services is at your own risk and subject to their own terms.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, that any defects will be corrected, or that the Platform is free of viruses or other harmful components.

Nothing in this clause excludes, restricts, or modifies any guarantee, warranty, or other right or remedy conferred by the ACL or other applicable law that cannot be excluded.

13. Limitation of Liability

13.1 Limitation

To the maximum extent permitted by law (and subject to clause 13.2), our total aggregate liability to you for any loss or damage arising out of or in connection with the Platform or these Terms will not exceed the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

13.2 Exclusion of Consequential Loss

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with these Terms or your use of the Platform.

13.3 Australian Consumer Law

Nothing in this clause limits our liability to you under the ACL for any non-excludable consumer guarantee or in respect of any liability that cannot be limited by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless DiningMate, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with your use of the Platform, your breach of these Terms, your violation of any third-party rights, or any content you submit to the Platform.

15. Termination

15.1 Termination by You

You may terminate your account at any time by using the account deletion feature in your settings or by contacting us at support@diningmate.com.au.

15.2 Termination by Us

We may suspend or terminate your access to the Platform at any time, with or without notice, if we reasonably believe you have breached these Terms, or for any other reason at our discretion, subject to applicable law.

15.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. Clauses that by their nature should survive termination — including intellectual property, limitation of liability, indemnification, and governing law — will continue to apply.

16. Changes to These Terms

We may update these Terms at any time. If we make material changes, we will notify you via email or a prominent notice on the Platform at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you may cancel your subscription and cease using the Platform before the changes take effect.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.

17.2 Dispute Resolution

In the event of a dispute arising in connection with these Terms, the parties agree to first attempt to resolve the dispute in good faith through direct negotiation. If the dispute cannot be resolved within 30 days, either party may refer the dispute to mediation or another alternative dispute resolution process agreed upon by the parties. If the dispute remains unresolved, it shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

17.3 Australian Consumer Law Disputes

Nothing in this clause affects your rights to make a complaint or seek a remedy under the ACL, including by contacting the Australian Competition and Consumer Commission (ACCC) at accc.gov.au or your state or territory's consumer affairs body.

18. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control.

19. Contact Us

If you have any questions about these Terms, please contact us:

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 30 March 2026. We recommend that you periodically review these Terms for any updates.