1. About These Terms
These Terms of Service (“Terms”) govern access to and use of the Foodmarkd application, website and related services (the “Service”).
The Service is operated under the registered business name Foodmarkd, using the ABN stated above. References to “Foodmarkd”, “we”, “us” and “our” mean the registered holder of that business name.
By creating an account or otherwise expressly accepting these Terms after being given access to them, you agree to be bound by them. If you do not agree, do not create an account or use account-based features.
Additional terms may apply to particular features, purchases or business services. We will identify those terms and make them available before you use the relevant feature or enter the relevant transaction.
Our handling of personal information is explained separately in the Foodmarkd Privacy Policy.
2. What Foodmarkd Provides
Foodmarkd helps users discover restaurants, save places they want to try, record visits, create lists, contribute ratings, reviews, photographs and spending information, and view activity from other users.
Foodmarkd is an information and discovery platform. We do not operate a restaurant, supply its food or provide its dining services merely because it appears on the Service.
A listing, recommendation, photograph, rating or other reference to a restaurant does not establish a partnership, agency relationship, sponsorship or endorsement unless we expressly identify one.
Where the Service links to a restaurant, booking provider, ordering service or other third party, any transaction with that provider is subject to the arrangements disclosed for that transaction. These Terms do not make Foodmarkd the supplier of that third party’s goods or services.
3. Eligibility and Your Account
You must be at least 13 years old to create an account and must meet any higher minimum age legally applicable to your use of the Service. Where the law requires parental or guardian consent, you must have that consent.
You must provide accurate account information where requested, maintain an email address you can access, and keep your login credentials secure. You may use a username or display name, but must not impersonate another person or misrepresent an affiliation.
You are responsible for your own use of the account and use you authorise. You are not automatically responsible for unauthorised activity solely because it occurred through your account.
Notify us promptly if you suspect unauthorised access. We may require reasonable verification before allowing sensitive account changes or restoring access.
You must not sell or transfer your account without our permission, or create or use additional accounts to evade restrictions, manipulate contributions or mislead others.
4. Restaurant Information and Recommendations
We take reasonable steps to maintain useful information, but do not guarantee that every restaurant is listed or that every name, location, category, opening hour, menu, price, photograph or other detail is complete, accurate or current.
Map locations, distances and clusters are approximate. Different parts of the Service may refresh at different times. Listings may be corrected, merged, separated, relocated or marked closed as information improves.
Ratings and recommendations reflect user opinions, available data and the methods used to present them. They are not guarantees of quality, safety, availability or suitability. A visit log or published review is not proof that Foodmarkd independently verified the visit.
Spending information and price indicators are estimates or reports of past experiences, not binding quotes from restaurants.
Do not rely on Foodmarkd to determine allergen safety, food safety, ingredients or suitability for a medical or dietary requirement. Confirm these matters directly with the restaurant.
You can submit corrections or missing-restaurant suggestions through the available in-app tools.
5. Genuine Ratings, Reviews and Visit Records
Your ratings, reviews and visit records must reflect your genuine experience with the relevant restaurant.
Clearly distinguish personal opinions from factual allegations. Do not invent events, present rumours as facts, or make serious allegations without a reasonable factual basis. Honest criticism is permitted; harassment and unlawful defamation are not.
Do not submit a consumer rating or review of a restaurant you own, manage or work for. Disclose other material personal or commercial connections, including a close family relationship, sponsorship, payment, free meal or other benefit.
A benefit must never be conditional on a positive rating or the removal of criticism. We may exclude materially conflicted contributions from public ratings where necessary to avoid misleading users.
You must not buy or sell reviews, fabricate visits, coordinate deceptive ratings, create false engagement, or use threats of negative reviews to demand benefits. Multiple genuine visits are permitted; fabricated duplicates are not.
Writing assistance, including AI assistance, must not invent an experience or introduce claims you cannot support. You remain responsible for content you submit.
When investigating a disputed contribution, we may request reasonable supporting information. Do not send unnecessary identity documents, payment details or other sensitive information.
6. Photographs and Other Content Rules
These rules apply to all user-submitted material, including reviews, photographs, profile images, usernames, biographies, list names and other contributions (“User Content”).
Only submit material you own or have sufficient permission to use and license under these Terms. Material being publicly available elsewhere does not, by itself, establish permission to reproduce it.
Restaurant photographs must relate to the restaurant or experience they represent. Do not present stock images, AI-generated images, misleading edits or photographs of another venue as genuine photographs of that restaurant. Profile images must not impersonate others.
You must not submit:
- Child sexual abuse or exploitation material, grooming content, pornography, non-consensual intimate imagery, or sexualised depictions of children.
- Graphic violence, material promoting self-harm, credible threats, targeted harassment, hateful abuse or unlawful discrimination.
- Defamatory material, unlawful disclosures of private information, or content infringing copyright, trade marks or other rights.
- Scams, malware, deceptive promotions, spam, or material intended to manipulate the Service.
Food and culinary imagery will be assessed in context. Ordinary images of raw or rare meat and normal kitchen equipment are not prohibited merely because they resemble content that safety systems may flag.
Avoid exposing other people’s private information. Obtain permissions required by law for photographs you upload, and redact sensitive details from receipts or documents.
7. Ownership and Permission to Use Your Content
You retain ownership of your User Content.
By submitting it, you grant Foodmarkd a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, communicate, display and technically adapt it to operate, maintain, secure and improve the Service.
This includes displaying content in restaurant listings, community galleries, feeds, profiles, lists, search results and recommendations, consistently with the feature’s visibility settings. A submitted restaurant photograph may be selected as a restaurant’s cover or thumbnail; publication does not guarantee that it will be selected.
Technical adaptations may include resizing, cropping, compression, format conversion, thumbnail creation and removal of metadata. We will not use these permissions to materially misrepresent your review or experience.
We may allow service providers acting for us to process User Content where necessary for hosting, delivery, moderation, security and other Service functions. They do not receive an unrestricted right under these Terms to exploit your content independently.
You permit attribution using your selected username or display name, and consent, to the extent permitted by law, to the technical adaptations described above. We do not require a general waiver of all your moral rights.
This licence is limited by section 15, applicable law and the Privacy Policy. It does not override privacy or deletion rights or give us unrestricted permission to retain personal information.
Other users do not receive ownership of your content merely because they can view or share a link to it.
8. Moderation and Content Decisions
We may use automated systems, including AI-assisted tools, service providers and human review to assess User Content and identify suspected breaches.
We may delay publication, quarantine an upload, request clarification, limit distribution, remove content or exclude it from ratings and points where we reasonably consider this necessary to:
- Investigate suspected unlawful, harmful, infringing, deceptive or otherwise prohibited content.
- Protect users, children, restaurants, third parties or the security and integrity of the Service.
- Correct material errors or comply with legal obligations, regulatory requirements or court orders.
Automated decisions can be incorrect. Acceptance of content does not certify its accuracy, legality or safety, and rejection does not establish that its author acted unlawfully.
Where reasonably practicable, we will explain a material restriction and provide a way to request reconsideration. We may limit what we disclose where necessary to protect another person, preserve an investigation, prevent abuse or comply with law.
We do not remove a genuine review merely because it is negative or because a restaurant pays for advertising or other services. Restrictions may nevertheless be necessary for legitimate safety, legal or integrity reasons.
We may redact prohibited material or ask an author to edit a contribution, but will not rewrite a genuine opinion to make it more favourable.
9. Reporting Content and Making Complaints
You can report content using the available in-app reporting controls or by emailing contact@foodmarkd.com. You do not need an account to make a complaint by email.
Help us locate and assess the issue by providing the restaurant or account involved, a content link or identifier, the specific material complained about, your reasons, and a way to contact you.
For an alleged defamatory publication, identify the affected person, the publication and where it can be found, and explain that it is alleged to be defamatory. For an intellectual-property complaint, identify the relevant work or right and your authority to complain.
These requests assist our assessment; they do not exclude other legally valid methods of giving notice.
We will assess complaints in light of their urgency and applicable legal requirements. We may temporarily restrict access while investigating, request information from relevant parties, or take other appropriate action.
We may share the substance of a complaint with the contributor where reasonably necessary, while handling personal information in accordance with our Privacy Policy and law.
Do not knowingly submit false or abusive complaints. Do not download or attach suspected child sexual abuse material to an email; identify the content through its location or reference instead.
You may ask us to reconsider a moderation decision by contacting the same address. Nothing in this process prevents you from contacting a regulator, seeking legal advice or exercising legal rights.
10. Contribution Points and Leaderboards
Contribution points recognise qualifying content under the rules displayed in the Service. They do not certify expertise, reliability or the truth of a contribution.
Points reflect eligible contributions that currently exist. Adding, editing, deleting, moderating or correcting contributions may increase or decrease points and affect rankings.
Points are awarded without regard to whether an eligible rating or review is positive or negative. They are not payment by the reviewed restaurant.
Unless we expressly state otherwise in separate promotion terms, points, ranks and badges have no cash value, cannot be redeemed or transferred, and do not create an entitlement to payment, prizes or permanent status.
We may correct calculation errors and remove points attributable to invalid, duplicate or manipulated contributions. We may reasonably revise scoring rules to improve fairness, usefulness or integrity, with notice of material changes.
We do not guarantee a particular rank or position. You may report a suspected scoring error through the app or our contact address.
11. Restaurant Listings and Representatives
Submitting information about a restaurant does not give you ownership of its Foodmarkd listing or control over other users’ contributions.
We may reconcile duplicate records and correct business identity or location information. These changes can affect how associated content, history and aggregate statistics are displayed. Suspected incorrect matches can be reported.
If we offer listing-claim or restaurant-management features, a representative must be authorised to act for the business. We may verify that authority, limit the available permissions and require separate business terms.
A claimed or verified-representative indicator concerns the account’s relationship to the business; it is not a Foodmarkd inspection, quality certification or guarantee.
Restaurant representatives cannot purchase removal of genuine criticism or alter independent user ratings.
12. Advertising, Sponsorship and Paid Features
The Service may display advertisements, affiliate links or sponsored restaurant placements. We will identify commercial content where necessary to make its nature clear.
Sponsorship may affect a clearly labelled placement. It does not entitle an advertiser to change independent ratings, demand favourable reviews or receive preferential treatment in content complaints.
If we introduce paid features or subscriptions, we will present the price, billing arrangements, renewal conditions, cancellation process and relevant additional terms before purchase.
You will not become liable for a subscription merely because you have a Foodmarkd account or continue using an existing free account without agreeing to a purchase.
Refunds and remedies remain subject to applicable consumer law. App-store or payment-provider arrangements may also apply where disclosed.
13. Permitted Use and Foodmarkd’s Intellectual Property
Subject to these Terms, you may use the Service for its intended functions. This permission does not transfer ownership of Foodmarkd’s software, branding, interface designs or other protected materials.
Our materials belong to us or our licensors to the extent intellectual-property rights exist. Restaurant names, third-party marks and User Content remain subject to their owners’ rights. We do not claim ownership of underlying facts merely because they appear in a listing.
Except with our permission or where the law permits, you must not systematically scrape, harvest, copy or redistribute substantial parts of the Service, its user information or its database.
You must not bypass access controls or rate limits; access other accounts without permission; disrupt the Service; upload malicious code; use deceptive automation; or reverse engineer protected software except where legally permitted.
Ordinary sharing through provided features, use of assistive technologies, and handling your own content through available controls are not prohibited by this section.
14. Privacy and External Services
Our Privacy Policy explains what personal information we collect, why we use it, disclosures to providers, overseas processing, retention, deletion and privacy requests.
Public contributions and profile information may be visible to others as described in the relevant features and Privacy Policy. Consider what you disclose about yourself and other people.
Acknowledging the Privacy Policy is not a substitute for any separate consent legally required for particular processing.
Maps, authentication, payment services and external websites may be provided by third parties with their own terms and privacy practices. We will identify relevant third-party requirements where appropriate.
Using a service provider does not remove responsibilities that applicable law places on Foodmarkd.
15. Editing, Removing Content and Deleting Your Account
You may edit or remove your contributions using the available controls and initiate account deletion within the app. Contact us if those controls are not working.
Removing content from public display and completing deletion from operational systems or backups may occur at different times. The deletion process and Privacy Policy explain relevant timing, retained information and applicable exceptions.
We will handle deletion consistently with those disclosures, applicable law and relevant app-store requirements. These Terms do not authorise indefinite retention merely because information might be useful to us.
The content licence in section 7 ends for deleted content except to the extent necessary for lawful retention, completion of deletion from backups and caches, compliance with legal obligations, or permitted use of genuinely de-identified outputs.
Aggregated restaurant statistics and genuinely de-identified analytical results may remain where permitted. Removing direct account identifiers does not, by itself, establish that retained information is anonymous.
We cannot guarantee removal of copies independently made by third parties before deletion, but this does not limit our responsibilities for systems and providers under our control.
16. Service Availability and Changes
We take reasonable care in operating Foodmarkd, but cannot promise uninterrupted access or that the Service will always be free of errors.
Access may be affected by maintenance, faults, connectivity, third-party outages or events outside our reasonable control. We may require updates reasonably necessary for security or compatibility.
We may develop, replace or discontinue features for legitimate operational, technical, legal or commercial reasons. Where a change materially disadvantages existing users, we will provide reasonable advance notice where practicable.
Where a change affects a paid service, we will honour the applicable purchase terms and statutory remedies. These Terms do not authorise us to remove a paid entitlement without addressing those obligations.
Foodmarkd is not a substitute for keeping your own copies of photographs or information important to you.
17. Restricting or Ending Access
You may stop using Foodmarkd at any time.
We may restrict features, suspend an account or terminate access where reasonably necessary because of a serious or repeated breach, fraud, manipulation, unlawful activity, a security threat, an eligibility issue or a legal requirement.
Where appropriate, we will provide notice and a reasonable opportunity to address the issue. We may act immediately where delay could create harm, compromise security or interfere with an investigation.
Our response will take account of the nature and seriousness of the issue. You may request reconsideration through contact@foodmarkd.com.
We may discontinue the Service with reasonable notice where practicable and subject to any obligations concerning paid services, content and personal information.
Ending access does not remove rights or liabilities that already arose, prevent a complaint or deletion request, or extend our right to retain information beyond what is otherwise permitted.
18. Consumer Rights and Liability
Nothing in these Terms excludes, restricts or modifies a right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
Where statutory guarantees apply, you retain the remedies the law provides.
Subject to those rights, we do not promise that independent restaurant information or User Content is accurate, that every contribution is verified, or that a recommendation will meet your preferences.
Restaurants remain responsible for the food, premises and services they supply. Users remain responsible for their own contributions. This allocation does not exclude Foodmarkd’s responsibility for its own conduct or obligations imposed by law.
To the extent permitted by law, we are not liable for loss that was not reasonably foreseeable when the relevant agreement was made. We do not exclude reasonably foreseeable loss recoverable under non-excludable consumer rights.
Where the law permits a reduction in liability because your conduct caused or contributed to a loss, responsibility may be reduced to that extent.
We may seek remedies available under law for loss caused by fraud, unlawful conduct or a material breach of these Terms. This does not entitle us to impose arbitrary penalties or require you to pay for loss caused by our own negligence or breach.
19. Feedback and Changes to These Terms
You may provide suggestions and feedback. You permit us to use that feedback to improve Foodmarkd without compensation, provided that doing so does not override your privacy rights or transfer ownership of separately supplied creative works.
We may update these Terms for reasonable reasons, including changes to the Service, legal requirements, safety risks or business operations.
For material changes affecting existing users, we will explain the change and ordinarily provide at least 14 days’ notice before it applies. Shorter notice may be necessary for urgent legal or security reasons, or changes that do not materially disadvantage you.
Where fresh agreement is required, we will obtain it. Updates will not retrospectively remove accrued rights or authorise materially different uses of existing User Content without any agreement or consent required by law.
You may stop using the Service if you do not accept an update, without affecting existing statutory rights or remedies.
20. General Terms and Contact
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of courts with jurisdiction in Victoria, subject to any right to bring proceedings elsewhere.
You do not have to complete our internal complaint process before exercising a legal right, contacting a regulator or seeking urgent court relief.
If a provision is unlawful or unenforceable, it will not apply to that extent. The remaining provisions continue where they can operate independently.
A failure to enforce a provision on one occasion does not waive the right to enforce it later.
We may transfer the operation of Foodmarkd to a successor business that takes on our obligations, provided this does not materially reduce your rights. We will notify users of a material operator change and comply with applicable privacy and transfer requirements.
Questions, support requests, privacy requests and content complaints may be sent to:
Foodmarkd
ABN: 79 305 647 685
Email: contact@foodmarkd.com