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Consumer Terms

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CHEWZIE PTY LTD ACN 644 322 921 (CHEWZIE)

CONSUMER TERMS AND CONDITIONS

1. Formation of an Agreement

1.1       These terms and conditions set out the terms and conditions on which Chewzie has agreed to provide any person who clicks, taps, or selects a button, or takes any similar action within the System, or completes the Chewzie account registration process (“You”, “Your” or “Consumer”), with access to and use of the System.

1.2       By accessing and using the System, You acknowledge that You have read, understood and agree to be legally bound by these Terms and Conditions and that You are of legal age and legally capable in the jurisdiction in which You are located at the relevant time to form a legally binding contract.

2. Payment Processing, Orders and Refunds

2.1       The System allows You to order Hospitality Services from Venues. Each Venue has the discretion to offer table ordering, delivery or pickup for any Hospitality Service.

2.2       You acknowledge and agree that:

(a)        by placing an order with a Venue, You enter a binding contract with the Venue and will pay for all Hospitality Services included in the order;

(b)        all payments made through the System are processed and disbursed by Chewzie’s third party payment provider, including Stripe (or their replacement from time to time), whose terms and conditions are contained at the website www.stripe.com/en-au/legal and which you agree to be bound by and which you agree that any breach of will be deemed to be a breach of these Terms and Conditions;

(c)        all Charges You incur for Your order are owed to the Venue, but that Chewzie, via its third party payment providers, will process and collect payment on behalf of the Venue;

(d)        all payments for Charges paid by a Consumer are final and non-refundable and that Your order will not be placed with the Venue until You have made full payment of all Charges through the System;

(e)        once an order has been completed and processed within the System it cannot be cancelled. You are liable for all Charges if You complete an order and leave a Venue prior to receiving any Hospitality Service listed in the order or You are not present at the address for delivery at the time of delivery;

(f)         Charges may differ between different Consumer accounts or that a Venue may offer time-based pricing. Chewzie or its content providers do not guarantee the availability, accuracy, completeness, reliability, or timeliness of offers or promotions provided through the System; and

(g)        Chewzie does not act as moderator or editor of any Hospitality Services appearing on the System, and makes no warranty that any Hospitality Services will actually be made available via the System.

2.3       By accessing and using the System, you acknowledge and agree that all complaints and disputes relating to the provision of a Hospitality Service by a Venue must be directed to the Venue and that, in no event, shall Chewzie be liable to You for any Loss, damage or liability resulting from any of the Venue’s or any third-party payment provider(s) acts or omissions.

2.4       A Venue has the discretion to change a price for any Hospitality Service prior to the completion of the order. Once an order is completed, You are liable for the prices displayed within the System.

2.5       You agree that the Venue has the sole discretion to reject or refuse Your order at any time. If Your order is rejected or cancelled by the Venue, You will receive a refund in accordance with the Venue’s refund policy.

2.6       A Venue has the discretion to offer You a full or partial refund. You acknowledge that any refund offered by a Venue will not be processed immediately. If a Venue processes a refund within the System, the refund amount will be credited to Your payment method via the third party payment provider used by Chewzie. If a Venue processes a refund by using any alternative payment method (for example by using cash or a merchant facility), they will be liable for any additional or duplicate refund processed within the System.

2.7       Some areas of the System may require You to complete the Chewzie account registration process. To obtain an account, You:

(a)        must not have been barred or excluded by Chewzie from holding an account at any time prior to the registration of the account;

(b)        acknowledge and agree that the account holder is responsible for the account and is liable for any activity on or use of the account;

(c)        must not create an account for another Consumer or create more than one account for You; and

(d)        acknowledge and agree that Chewzie reserves the right to cancel or close any account or exclude any Consumer from opening an account at its sole discretion.

3. Links and Communication

3.1       Chewzie may, from time to time, send You emails, text messages or notifications, including receipts and other notices including changes to these Terms and Conditions.

3.2       Chewzie or its third-party providers or a Venue may send You emails, text messages or notifications about promotional offers. All promotional communication will include an unsubscribe functionality.

3.3       The System may contain links to third-party materials that are not owned or controlled by Chewzie. Chewzie does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If You click on a link in the System that redirects You to a third-party site or content, You become subject to that third party’s terms and conditions. Chewzie is not responsible or liable, directly or indirectly, for any damage or Loss You suffer in connection with Your use of or reliance on any third-party content, goods or services.

3.4       Apple Inc. and Google Inc. (and their applicable affiliates) will be third-party beneficiaries to these Terms and Conditions if You have accessed their services using the System developed for Apple iOS or Android mobile devices, respectively. These third-party beneficiaries are not parties to these Terms and Conditions and are not responsible for the provision or support of any Hospitality Services. Your access to the Hospitality Services using Apple iOS or Android mobile devices is subject to terms set out in the applicable third-party beneficiary’s terms of service as well as these Terms and Conditions.

4. Privacy

4.1       Chewzie’s commitment to privacy is set out in the “Privacy Policy” available at www.chewzie.me/privacy/.  You acknowledge that You have read and understood the Privacy Policy and consent to the collection, use and disclosure of Personal Information in accordance with the Privacy Policy and the relevant Data Protection Legislation.

4.2       You acknowledge and agree that all Intellectual Property Rights in, and relating to, the System and the Output is owned by the Chewzie Group or its licensors.

4.3       Subject to these Terms and Conditions, Chewzie grants You a limited, non-exclusive, non-assignable, non-transferable license to access and use the System solely for Your own Permitted Purpose.

 

5. Liability

5.1       To the maximum extent permitted by law, Chewzie’s liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these Terms and Conditions by any legislation (Statutory Warranties) is hereby excluded. Where Chewzie is liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, Chewzie’s liability for any breach of such Statutory Warranties shall not exceed the amount paid by You, if any, through the System.  You acknowledge and agree that reliance by Chewzie on this limitation of liability is fair and reasonable in all the circumstances.

5.2       Without limiting clause 5.1, Chewzie does not represent or warrant that the System will be available at or for any particular time or that the System will be free from error or interruption.

5.3       Chewzie is not responsible for any technical malfunction or other problems related to or resulting from using or downloading the System or materials in connection with the System and/or in connection with any products or services offered through the System.

5.4       To the maximum extent permitted by law, Chewzie excludes all liability (whether arising in contract, tort or otherwise) that it may have for any Loss arising from:

(a)        the use of, or reliance on, the System; or

(b)        the availability, security, use of, or reliance on, the System or any third party which integrates, in any way, with the System; or

(c)        the quality or non-provision of items or Hospitality Services provided by a Venue,

whether that Loss is direct or indirect.

5.5       To the maximum extent permitted by law, You agree to release Chewzie and each of its officers, employees, agents and contractors (Indemnified Persons) from and against any Loss, of any kind from, that you suffer or incur from Your use of the System, or its functionality, or any Hospitality Services provided through the System, except for a breach of an express term of these Terms and Conditions.

6. Miscellaneous

6.1       You may not assign these Terms and Conditions, or any benefit arising thereunder, without Chewzie’s prior written consent.

6.2       A provision of these Terms and Conditions or a right created under these Terms and Conditions may not be waived except in writing, signed by the party giving the waiver.

6.3       These Terms and Conditions are governed by the law in force in the State of Queensland. You submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning these Terms and Conditions.

6.4       If any provision of these Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation it must be read down so that it is valid and enforceable (or, if it cannot be so read down, severed) so that the validity and enforceability of the remaining provisions are not affected.

7. Definitions

In these Terms and Conditions, the following words have these meanings unless a contrary intention appears:

Charges means the total amount payable for an order. Charges include the amounts payable for all Hospitality Services contained within the order, any applicable taxes required by law, and any other applicable fees or surcharges which may be applied by a Venue and any discretional tips entered by You.

Chewzie means Chewzie Pty Ltd ACN 644 322 921.

Chewzie Group means Chewzie Holdings Pty Ltd ACN 652 433 424 and each of its subsidiaries from time to time (including Chewzie) or any one or more of them as the case may be.

Data means any data that You manually input into the System.

Data Protection Legislation means all applicable laws regulating the use, storage, solicitation, security, access, limitation and processing of Personal Information.

Hospitality Services means hospitality related services or products including the ordering of and payment for food and beverages.

Intellectual Property Rights means any and all:

(a)        current and future registered and unregistered rights in respect of copyright;

(b)        designs, semiconductor or circuit layouts, trade marks, trade names, business names, trade secrets, know-how, confidential information, patents, inventions and discoveries;

(c)        applications for grant of any of the above;

(d)        other rights of a similar nature arising (or capable of arising) under statute or at common law in the Commonwealth of Australia or anywhere else in the world; and

(e)        other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967.

Loss means loss, damage, cost, expense or liability of any kind, including, without limitation, liability to a third party, any loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage.

Output means any information, data or other output generated by the System using, or as a result of the processing of, the Data or otherwise by the use of the System by You.

Permitted Purpose means accessing or using the System for the purpose of providing Hospitality Services, including the advertising of, and receiving payments for, Hospitality Services.

Personal Information has the same meaning as within the Privacy Act 1988 (Cth).

System means software and technology operated by Chewzie that provides contactless ordering and payment direct to hospitality and retail venues, together with direct communication with back office administration and accounting systems, and includes its website and application related software.

Venue means a venue, restaurant or other entity which provides Hospitality Services through the System.