Customer Terms of Use

This website is operated by Res Butler Pty Ltd, ABN: 85 604 077 956, trading as WizButler. WizButler provides an online booking service, a mobile ordering service and other cloud based restaurant software. These Terms of Use govern the products and services offered by WizButler, including our website, web-based applications (“Widgets”), and other online services related to booking, mobile ordering and restaurant services.

References to “you,” “your,” or “Customer” in these Terms apply to any individual accessing, viewing, or using the Website and/or Services for their own purposes or for a third party. By accessing, browsing or using our services, you agree to all terms, conditions and disclaimers. WizButler may amend these terms from time to time. We will post any updated terms on the WizButler website and take reasonable steps to notify you of material changes a reasonable time before they take effect. The terms in force at the time you make a booking will continue to apply to that booking.

Customer Obligations

Contact Details
Customers must supply the Restaurant and WizButler with a valid contact email and phone numbers (e.g. a landline and a mobile.) The Restaurant and WizButler accept no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.
Recipient Details and Personalised Messages
The Customer must ensure recipient details, such as their name and address are correct and also spelt correctly. The Restaurant and WizButler accept no responsibility for any incorrect information, when such information results from a reliance on information provided by the Customer. In regards to WizButler butler service orders, the Customer should ensure that their personalised message is written to their satisfaction. The Restaurant and WizButler accept no responsibility for incorrect spelling, grammar or formatting. The Restaurant reserves the right to refuse to provide WizButler butler service orders where The Restaurant deems the Customer’s submitted personalised message is inappropriate. A personalised message may be deemed inappropriate at the discretion of The Restaurant.

Security & Privacy

Collection and Use of Information

The Restaurant and WizButler collect personal data for the purpose of fulfilling orders for products or services. Personal data includes, but is not limited to: the full name of the Customer and/or recipient or competition entrant, payment details, e-mail address, recipient address and contact (mobile) phone numbers. WizButler may send you email or SMS communications before, during and shortly after your reservation to manage your booking and enhance your dining experience.

The Restaurant and WizButler do not keep records of Customer credit card details.
For Customer security, the Customer’s IP address may be logged and recorded with the Customer’s purchase details.

Your privacy is important to us, for further information on how we collect, use and disclose information about you, please visit our Privacy Policy.

GDPR Statement

WizButler is established in Australia and complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Where we offer services to individuals in the European Economic Area or the United Kingdom, or monitor their behaviour in those territories, we also process personal data in accordance with the EU General Data Protection Regulation and the UK GDPR.

Controller and processor

Res Butler Pty Ltd ABN 85 604 077 956 is the controller of personal data that it processes for its own purposes. Where we process personal data on the documented instructions of a participating Restaurant, that Restaurant is the controller and we act as its processor under a written data processing agreement that meets the requirements of Article 28 of the GDPR.

Lawful bases for processing

We rely on: performance of a contract, to take and fulfil your bookings, orders and payments; compliance with a legal obligation, for taxation, accounting and records retention; our legitimate interests, for security, fraud prevention, service improvement and analytics, balanced in each case against your rights and freedoms; and your consent, for direct marketing and for non-essential cookies, which you may withdraw at any time without affecting the lawfulness of earlier processing.

Your rights

You may request access to, rectification or erasure of your personal data, restriction of or objection to its processing, and portability of data you have provided to us. You may object to direct marketing at any time without giving reasons. We respond within one month, free of charge, and may extend that period by up to two further months for complex or numerous requests, telling you if we do so and why.

International transfers

Where we transfer personal data out of the European Economic Area or the United Kingdom to a country that is not the subject of an adequacy decision, we do so under the European Commission standard contractual clauses or the UK International Data Transfer Addendum, together with any additional safeguards identified by a transfer risk assessment. You may request a copy of the mechanism we rely on using the contact details in this document.

Data breaches

Where a personal data breach is likely to result in a risk to your rights and freedoms, we will notify the competent supervisory authority within 72 hours of becoming aware of it, and will notify you without undue delay where the risk is high. In Australia, we notify affected individuals and the Office of the Australian Information Commissioner where the Notifiable Data Breaches scheme requires it.

Automated decision-making

We do not make decisions that produce legal effects concerning you, or similarly significantly affect you, based solely on automated processing. Where we personalise your experience using automated processing, we describe that processing in our Privacy Policy and you may object to it.

Complaints

You may complain to us using the contact details in this document. You may also complain to the Office of the Australian Information Commissioner at oaic.gov.au or, if you are in the European Economic Area or the United Kingdom, to your local supervisory authority or the UK Information Commissioner’s Office.

Disclosure of Information

The Restaurant and WizButler will not disclose personal information to third parties for marketing purposes without prior authorisation.
Under no circumstances will The Restaurant and WizButler sell or receive payments or services for disclosing customer’s personal information to any partner or external company.

Sender Anonymity and Disclosure

Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction. The Restaurant and WizButler will not disclose sender/customer information to a recipient unless requested or approved to do so by the sender/customer.

Information Storage

WizButler websites may utilise cookies to store information of browsing history and to enable browsing features. WizButler does not store any financial information about customer-used cookies.

Promotional Material

Customers can elect to receive promotional material by opting to receive plain text or HTML emails. In compliance with Australian law, all marketing material sent to the subscriber will include an option for the subscriber to request removal from mailing or contact lists for any future marketing.

Fees & Charges

No-Show and Cancellation Fees

Customers must adhere to each Restaurant’s reservation and cancellation policy. If the Restaurant requires a credit card to confirm your booking, the applicable cancellation and no-show policies—including any fees—will be disclosed to you at the time of booking. By making a reservation, you agree to pay any applicable cancellation or no-show fees in accordance with the Restaurant’s cancellation policy.

You may dispute any no-show or cancellation fee by contacting the Restaurant directly. The Restaurant has sole discretion to determine if a no-show has occurred and whether a cancellation fee applies.

WizButler may facilitate payment of any cancellation or no-show fees to the Restaurant through a third-party payment processor, as outlined in these Terms and our Privacy Policy.

Payment Obligations

Customers are required to pay for all products or services ordered from a restaurant through the booking and ordering widget, in accordance with the specified payment terms. For those using the “Pay Later” or “Pay with Cash” option, payment must be completed at the end of the dining experience.

Where you provide a payment method when booking or ordering, you authorise the Restaurant and WizButler to charge to that method any amount that remains unpaid for orders that can be verified as associated with your booking or session, including walk-outs and incomplete transactions. Before we place a hold on your payment method we will tell you the amount of the hold and the maximum that may be charged. We will only charge amounts actually owing for goods and services supplied, together with any Platform Fee properly charged on them, and we will notify you of any such charge at the time it is made.

Customers are responsible for ensuring that all members of their party settle their bills in full. By completing a booking, you acknowledge and accept these terms.

Alcohol and Responsible Service

You must be at least 18 years of age to order alcohol through the Services. The Restaurant is responsible for the responsible service of alcohol at its premises, may require proof of age, and may refuse or cancel any order for alcohol. Alcohol will not be supplied to a person who is under 18 or who appears intoxicated. Placing an order through the Services does not oblige a Restaurant to supply alcohol.

Pricing & Refunds

The purchase price will be the amount displayed on the Widget at the time the order is placed. Prices or product availability displayed on our services may differ from those at the Restaurant, and such changes may occur without prior notice. All displayed prices and payments collected through the Widget will include applicable taxes as required by law.

Total price

Where a charge is unavoidable, the total price we display to you will include it. From 1 July 2027, where a mandatory transaction-based charge applies, we will also disclose, wherever we display a price, the amount of that charge or how it will be calculated, that it applies per transaction, whether it is or may be payable, and whether the displayed price includes it.

WizButler uses PCI-compliant third-party payment processors, which may include Stripe, Nuvei, Westpac Online Pay, Apple Pay and Google Pay. Fees charged to WizButler or to a Restaurant by a payment processor are our cost or the Restaurant’s cost. They are not passed on to you as a separate charge.

From 1 October 2026, surcharges on eftpos, Mastercard and Visa card payments are removed under the standards of the Reserve Bank of Australia and the rules of those payment networks. WizButler does not apply, and does not permit a Restaurant to apply through the WizButler platform, any surcharge or fee that is charged because you pay by a particular card or payment method.

Once an order is placed and payment is authorised, the Restaurant’s refund policy applies to the goods and services the Restaurant supplies. Nothing in this clause limits your rights under the Australian Consumer Law, including your right to a repair, replacement or refund where a consumer guarantee is not met. A Restaurant may reject or cancel an order acting reasonably, for example where an item is unavailable or the order cannot be fulfilled. Where an order is rejected or cancelled, you will be refunded the amounts you paid for that order.

Fraud

It is unlawful to place an order under a false name, using a fraudulently obtained payment method, or without the authority of the cardholder. Where we reasonably suspect fraud we may suspend or cancel an order or an account, and we may report the matter to the Restaurant, to payment providers and to law enforcement. Decisions to prosecute are a matter for the relevant authorities.

WizButler does not guarantee that it will be able to prevent any illegal or inappropriate use of its widgets or websites, nor that it will give notice of any illegal or inappropriate use of its websites. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.

Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Where we are permitted to limit our liability for services we supply to you, our liability is limited, at our option, to supplying those services again or paying the cost of having them supplied again.

The Restaurant is responsible for the food, beverages, goods and services it supplies, including their description, ingredients, allergen information, availability, preparation and service. To the extent permitted by law, and subject to the paragraph above, WizButler is not liable for loss, damage or injury arising from those goods and services, including in relation to:

  • underage alcohol consumption,
  • allergic reactions or other health-related incidents due to consumed products,
  • inaccuracies in product information, ingredients, or descriptions provided by third-party venues.

WizButler makes no representations or guarantees about the accuracy or completeness of information supplied by a Restaurant, including menus, allergen details, availability and offers, and you should verify anything you need to rely on directly with the Restaurant.

You indemnify us against loss arising from your breach of these Terms or your misuse of the Services, except to the extent that the loss is caused or contributed to by our own fraud, wilful misconduct, breach of law or negligence. We must take reasonable steps to mitigate any loss for which we seek indemnity.

WizButler makes no assurances that the system will be available at any given time, nor does it guarantee that the system will operate without errors or interruptions. Furthermore, WizButler is not liable for any disruptions, delays, or losses that may result from technical issues, server downtime, or system maintenance.

Customers acknowledge that the performance and availability of the web-based application may be influenced by factors beyond WizButler’s control, such as internet connectivity, third-party service providers, and unforeseen technical faults. WizButler is not responsible for any loss of data, interruptions to service, or damages arising from such issues. Customers are responsible for ensuring they have backup copies of any important data and for taking necessary precautions when using the system.

Governing Law

By using this site, you agree to submit to the non-exclusive jurisdiction of the courts of NSW. Nothing in these Terms limits any right you have under the Australian Consumer Law to bring proceedings in another court.

If you are a consumer resident in the European Economic Area or the United Kingdom, nothing in this clause deprives you of the protection of the mandatory consumer laws of the country in which you are resident, or of any right you have to bring proceedings in the courts of that country.

Trademarks, Copyrights & Restrictions

This website is operated by Res Butler Pty Ltd. ABN: 85 604 077 956
All material on widgets, apps and websites operated, licensed or controlled by WizButler, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by WizButler its related companies or by other parties that have licensed their material to WizButler. 

Material on any widgets, apps and websites owned, operated, licensed or controlled by WizButler is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of WizButler. 

Use of the materials on any other website or networked computer environment, or use of the materials for use not approved by WizButler is a violation of copyrights, trademarks, patents, intellectual property and proprietary rights owned by WizButler and its associated companies and/or its suppliers and is prohibited.

Force Majeure

Neither the Restaurant nor WizButler is liable for a failure or delay in performing an obligation to the extent that the failure or delay is caused by an event beyond that party’s reasonable control, including natural disaster, fire, flood, storm, war, terrorism, civil unrest, government action, epidemic, industrial action other than by that party’s own workforce, or failure of electricity, telecommunications or internet services. The affected party must notify the other as soon as reasonably practicable and use reasonable efforts to minimise the effect of the event. Nothing in this clause limits your rights under the Australian Consumer Law, or your right to a refund of amounts paid for goods or services that are not supplied.

General enquiries: mail@wizbutler.com
Phone: +61 414 529 925
Head Office: Level 17, 300 Barangaroo Avenue (International Tower 3), Sydney NSW 2000, Australia