Terms & Conditions

Thank you for your interest in these Terms and Conditions (these “Terms”). These Terms constitute a legal agreement between you and Kinky Lizard governing the use of our website and services.

1. ABOUT US
   • We are SAMYAR PTY LTD (ABN 28 634 119 369) of Unit 7 4 Bookham St, Morley WA 6062, Perth, Australia (“Kinky Lizard”, “we”, “us”, “our”).
   • We operate the website at www.kinkylizard.com.au (our “website”).
   • To contact us, please email support@kinkylizard.com.au with “T&C” in the subject line.
   • These Terms were last updated on Friday, 03rd of January, 2025.
   • The following also apply to these Terms and form an integral part of these Terms:
     • our Privacy Policy; and
     • our Cookie Policy.

2. GENERAL
   • By using this website, you are deemed to accept the following Terms (“this website” means the whole or any part of the web pages located at www.kinkylizard.com.au, and include the layout of this website; individual elements of this website’s design; underlying code elements of the website; or text, sounds, graphics, animated elements, or any other content of this website) operated by Kinky Lizard.
   • As you browse through this website you may access other websites that are subject to different terms and conditions. When using these other sites, you will be bound by the terms and conditions posted on those websites.
   • Kinky Lizard may change these Terms at any time without notice. Any amendment will be effective immediately. Your use of this website after any amendment constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Accordingly, you should read these Terms from time to time for changes.

3. INTELLECTUAL PROPERTY RIGHTS
   • This website is our copyright property. All rights are reserved.
   • You are provided with access to it only for your personal and non-commercial use. Other than for these permitted purposes, and for the purposes of and subject to the conditions prescribed under statutes that apply in your location, you may not, in any form or by any means:
     • adapt, reproduce, store, distribute, transmit, print, display, perform, publish, or create derivative works from any part of this website; or
     • commercialise any information, products, or services obtained from any part of this website;
     • without our written permission.
   • All rights in this website and the content on this website, including copyright, design rights, source codes, and any other intellectual property rights in any of the foregoing, are reserved to Kinky Lizard and/or their content and technology providers.
   • All trade names, service marks, and other product and service names and logos displayed on the website are proprietary to their respective owners and are protected by applicable copyright laws.
   • Nothing contained on the website should be construed as granting any license or right of use of any other person’s or entity’s intellectual property that is displayed on this website without their express permission.
   • You may not remove, change, or obscure the Kinky Lizard logo or any notices of proprietary rights on any content of this website.

4. LINKS
   • This website may contain links to other websites solely for your convenience only and may not remain current or be maintained. Kinky Lizard does not endorse, recommend, or approve of any information, products, or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which this website offers links.
   • You may not link the homepage or any other parts of this website without prior written consent from Kinky Lizard.
   • Your use of any link to linked website is entirely at your own risk.
   • Unless stated otherwise on this website, Kinky Lizard has:
     • no relationship with the owners or operators of those linked website; and
     • no control over or rights in those linked websites.

5. UPLOADING AND PROVIDING INFORMATION
   • You irrevocably and unconditionally represent and warrant that any of your information uploaded to our website and services, including in our forms, complies with our Privacy Policy, Australia’s Privacy Act and the 13 Privacy Principles (“APA”), the EU’s General Data Protection Regulation (“GDPR”) and any other applicable laws.
   • You are fully responsible for your information uploaded to our website and services. We will not be responsible or liable to any third party for:
     • the information or accuracy of any information or data uploaded by you, by us on your behalf, or any other user of our website; or
     • the loss of any information or data provided to us by you. You should keep a record of all such information and data.
   • We will only use the information uploaded by you for the purposes of carrying out the services, carrying out our obligations in these Terms and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the information uploaded by you, save for when required by law, a court of competent jurisdiction, or any governmental or regulatory authority.
   • We may use the information uploaded by you for the purpose of data analytics. Any such information shall be anonymised and used only for the purposes of improving the services and our response to users of the website.
   • We have the right to disclose your identity to any third party claiming that any information posted or uploaded by you to our website constitutes a violation of their rights under applicable law.

6. PROHIBITED USES
   • You may use our website only for lawful purposes. You may not use our website:
     • in any way that breaches any applicable local or international laws or regulations;
     • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
     • to send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
     • to knowingly transmit any data, send, or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   • You also agree:
     • not to reproduce, duplicate, copy, or resell any part of our website in contravention of the provisions of our Terms; and
     • not to access without authority, interfere with, damage, or disrupt:
     • any part of our website;
     • any equipment or network on which our website is stored;
     • any software used in the provision of our website; or
     • any equipment, network, or software owned or used by any third party.

7. LIMITATION OF LIABILITY
   • We are not liable for the completeness, accuracy, or correctness of any information uploaded on our website and any related content. You expressly agree that your use of our services and our website is at your sole risk.
   • You agree not to use our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website, or any other website or software) for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill, or reputation; or any other indirect or consequential loss or damage.
   • Nothing in these Terms shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud, and/or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
   • These terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

8. RESERVATION CONDITIONS
   • Tables are available at such time as communicated to you in your booking confirmation, after which they will be re-booked for another customer. Please contact us if you would like to stay at your table for longer than two hours, and if we have space available, we will do our best to accommodate you.
   • We respectfully ask that you are ready to be seated at the time of your reservation to ensure the best possible level of service to all of our guests. If you are running late, we kindly ask that you notify us by telephone at your earliest convenience. Your table will be held for 15 minutes, after which time it may be allocated to another customer.
   • Due to the large number of requests, unfortunately we cannot guarantee tables or specific areas when taking reservations, but we will do our best to accommodate your requests. Your understanding is appreciated.

9. FOOD SAFETY AND ALLERGENS
   • We cater for most dietary requirements and have strict policies in place for customers with food allergies.
   • Please let us know of any allergies before you place your order at the restaurant and check our menu before choosing your dish. This will ensure that we are able to follow our food allergy policy and take all reasonable precautions to avoid cross-contamination.
   • We are happy to respond to any specific requests for further information regarding allergens in our kitchen prior to your visit. All of our managers, wait staff, chefs and kitchen staff are fully trained on our allergen policy and any questions can be answered prior to orders being taken.

10. WIFI
    • By accessing our WiFi, you agree that you are of legal age and have read, understood, and accepted our terms and conditions.
    • The WiFi is provided at our discretion for guests to use while visiting our venue.
    • We are unable to guarantee the WiFi service or particular WiFi speeds. Guest access to the network may be blocked, suspended, or terminated at any time, for any reason.
    • Guests using the WiFi agree that they are fully responsible for their use. Guests agree not to use the WiFi network for any unlawful, immoral, or otherwise prohibited purpose.
    • We are not responsible for any content accessed by the user through the WiFi, and cannot be held liable for any damage, undesired resources, or detrimental effects arising from, or connected to, usage of our WiFi.

11. OTHER IMPORTANT TERMS
    • We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
    • These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    • These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Australia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such disputes or claims. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Perth.