Restoplus provides mobile application, website, online ordering portal and point of sale software (“Platform”) that enables people to order food and drinks from restaurants, grocers, and similar vendors (“restaurants”). Whether you are a restaurant or a restaurant's customer, your use of Restoplus is subject to these terms of use, as amended from time to time (“Terms”).
1.1.These Terms form a legally binding contract between you and Restoplus Pty Ltd (ACN 609 488 271) (“us”, “we”) in relation to your use of our Platform and the account you set up through which you access our Platform (“Account”).
1.2.By using our Platform or having an Account, you accept these Terms. If you do not accept these Terms, you must not use the Platform and should uninstall it from your device.
1.3.If you are using our Platform on behalf of an organisation, these Terms also bind that organisation.
1.4.If you are using our Platform on behalf of a restaurant, your use of our Platform is also subject to our Restaurant Agreement we have with you (“Restaurant Agreement”). If there is an inconsistency between these Terms and the Restaurant Agreement, the Restaurant Agreement will apply.
1.5.If a restaurant customer enters an order on our Platform and that order is confirmed by a restaurant, a contract for the supply of that item comes into existence. That contract between the restaurant and its customer is separate from these Terms, and we are not liable for the performance of that contract except as explicitly set out in these Terms.
2.1.We provide websites available through many web browsers. However, our websites may not be available for viewing through all web browsers.
2.2.We also provide applications available for download from Apple's App Store and Google's Play Store. However, our applications may not be available to download for all devices.
2.3.To use our Platform, you will need an appropriate device and internet connection. We are not responsible or liable for any costs you incur in connecting to or accessing our Platform, including data usage costs.
3.1.Our Platform is designed for the use of restaurants and their customers. We reserve the right to de-activate the Account of any user we determine (at our discretion) is not a genuine restaurant or restaurant customer.
4.1.You must sign up for an Account to use our Platform. When you set up your Account, you must provide an email address and password to us, which you can use to access your Account. You must also provide any other information requested by the Platform in the Account sign-up process.
4.2.Your Account and your use of our Platform are your responsibility. Because of this:
4.2.1.you are responsible for all access to our Platform through your devices,
4.2.2.you must keep your password secure and not allow other people to access your Account,
4.2.3.you must maintain and update your information to keep it accurate, current and complete; and
4.2.4.we are not liable for any loss that you or any other person suffers because somebody other than you has accessed your Account.
5.1.You can de-activate your Account by contacting us using the details provided in clause 15.
5.2.We may suspend or de-activate your Account (either temporarily or permanently):
5.2.1.at any time, for any reason, and without notice; or
5.2.2.if you breach these Terms.
5.3.If we have suspended or de-activated your Account because you breached these Terms, you must not attempt to access our Platform through another account or another device.
6.1.You must:
6.1.1.only access and use our Platform and your Account in accordance with these Terms and any other instructions we give you;
6.1.2.only access and use our Platform and your Account in a responsible and reasonable manner;
6.1.3.only access and use our Platform and your Account for the authorised purposes of ordering or providing food and drinks; and
6.1.4.ensure that any information you submit to our Platform is correct, including payment details and order details (and we are not liable for any harm or loss you or any other person suffers because you have entered incorrect information into our Platform).
6.2.You agree and warrant that:
6.2.1.your use of our Platform, including any content you submit to us, will not infringe any rights of third parties anywhere, including intellectual property rights, moral rights, and privacy rights;
6.2.2.you will use our Platform in accordance with applicable laws, including those relating to food, alcohol, and restaurant safety and licensing; and
6.2.3.you will notify us as soon as possible if you become aware of any breach in the security of our Platform or your Account.
6.3.You must not:
6.3.1.attempt to commercially exploit our Platform (except if you are a restaurant and have entered into a Restaurant Agreement with us, you may commercially exploit our Platform in accordance with that Restaurant Agreement);
6.3.2.copy or redistribute our Platform in any way, including partially copying or redistributing our Platform, or otherwise sub-licence, resell or supply access to our Platform to any third party without our written consent;
6.3.3.collect information or data from our Platform in a systematic way, except as expressly authorized in writing by us;
6.3.4.attempt to decompile, disassemble, or otherwise reverse engineer any aspect of our Platform, including any communications between our mobile applications, website or online ordering portals and our servers;
6.3.5.incorporate our Platform into, connect our Platform with, or combine our Platform with, another product or software, except as expressly authorized in writing by us;
6.3.6.use our Platform in any unlawful or unauthorised manner, or for an unlawful purpose, or otherwise in a way inconsistent with these Terms;
6.3.7.attempt to hack into, or insert malicious code or harmful data into, any of our systems;
6.3.8.use our Platform in a way that could impair or compromise our systems or security or interfere with other users;
6.3.9.infringe our intellectual property rights or those of any third party, including in relation to content (including images) that you submit to us; or
6.3.10.use our Platform to transmit defamatory, offensive, or otherwise objectionable material.
7.1.You retain ownership of any content you submit to our Platform. However, you grant us a non-exclusive, worldwide, royalty-free, fully-paid, irrevocable, transferable licence to host, cache, store, display, record and otherwise use that content for the purpose of providing the Platform to you and other users of the Platform.
7.2.We are not responsible for retaining or backing up any content you submit to us. You should keep appropriate backups so that you can still access your content if it stops being available on our Platform.
7.3.If your Account is deleted or de-activated, we may retain and continue to use any content you have submitted to us, and our licence to use that content will continue.
8.1.All intellectual property rights relating to our Platform are owned by us (or our subsidiaries and related entities). Except as expressly set out in these Terms, we do not grant you any right in or licence to our Platform.
8.2.We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use our Platform on your device in accordance with these Terms. This licence is subject to your compliance with these Terms.
9.1.We will handle any personal information that we collect from you in accordance with our Privacy Policy. Our Privacy Policy is available at https://www.restoplus.com/privacy. We may update this Privacy Policy from time to time and any changes will become effective when they are posted to https://www.restoplus.com/privacy.
9.2.By downloading, installing, or accessing our Platform, you consent to our collecting and handling of personal information we collect from you in accordance with our Privacy Policy (as amended from time to time).
9.3.You must comply with any privacy laws when using our Platform, including when you submit content to our platform, and you indemnify us for any loss we suffer as a result of your failure to comply with applicable privacy laws while using our Platform.
9.4.If your Account is deleted or deactivated, we may retain and continue to use any personal information you have submitted to us, in order to provide our Platform to other users. We will de-identify or delete your personal information if this is required by applicable laws.
10.1.We may update or change our Platform at any time, without notice to you. If we do this, you must download and install the newest version of our Platform to continue using it.
10.2.We may change these Terms at any time. If we do this, we will notify you either:
10.2.1.via email; or
10.2.2.via the Platform the next time you access our Platform
10.3.Your continued use of our Platform after we have posted a copy of the changed Terms or notified you of such changes constitutes your acceptance of those changed Terms.
10.4.If you do not accept any changes we make to these Terms, you must stop using our Platform and remove it from your devices. Your continued use of our Platform after we have notified you that we have changed these Terms will be acceptance of the changed Terms.
Links to external websites from our Platform are for your convenience only and:
11.1.we do not control these external websites;
11.2.we are not responsible for and make no warranties or representations as to accuracy of the content on these external websites;
11.3.we are not liable for any loss you or any other person suffers from accessing these external websites;
11.4.we are not responsible for the privacy practices of these external websites; and
11.5.our Platform’s inclusion of a link to an external website is not an endorsement or approval of that website or the content on it.
12.1.We distribute our mobile application through third party platforms including the Google Play Store and Apple's App Store, and we rely on other third party platforms including Stripe. If you interact with our Platform through these third party platforms:
12.1.1.you must comply with any terms and conditions specified by the operator of the relevant platform; and
12.1.2.you acknowledge and agree that our Platform may become unavailable at any time and without notice if these third party platforms become unwilling or unable to provide their platform to you or us or a restaurant.
12.2.We are not associated with, endorsed by, or linked to the operators of these third party platforms.
12.3.These Terms are an agreement between us and you. These Terms are not an agreement between you and a third party platform operator. However, you agree that the relevant third party platform operators (or their subsidiary) are third party beneficiaries of these Terms and may have rights to enforce these Terms against you.
13.1.While we will use reasonable care and skill in operating our website, we cannot promise that our website will always be available or completely free of faults or errors. In particular, you acknowledge that Restoplus has not reviewed or verified any information (including ingredient or allergen information) submitted to our Platform by restaurants and other users of the platform. Your use of and reliance on our Platform or your Account is entirely at your own risk.
13.2.To the maximum extent permitted by law, these Terms exclude any conditions, warranties, or guarantees that might otherwise be implied by law.
13.3.If a condition, warranty, or guarantee is implied into these Terms and cannot be excluded, to the maximum extent permitted by law our liability under that implied condition, warranty, or guarantee is limited (in our sole discretion) to the replacement or resupply of our services, or a refund of your payment (if any) for our services.
13.4.Nothing in these Terms operates to exclude, restrict or modify any conditions, warranties, or guarantees that cannot be excluded, including those imposed by schedule 3 of the Competition and Consumer Act 2010 (Cth).
13.5.To the maximum extent permitted by law, we exclude all liability for any direct or indirect loss or damage, including any consequential loss, damage or expense, incurred by you or any other user arising under contract, tort, equity, statute or otherwise as a result of your use of our Platform, or any other products, information, or services we provide.
13.6.You must comply with all laws applicable to your use of our Platform.
13.7.You indemnify us and from all damage, claims, costs, charges and expenses that may be suffered or incurred by us arising from your use of our Platform, a breach of these Terms, or your breach of any relevant laws.
14.1.If you have a concern or dispute in relation to these Terms, please give us written notice of your concerns. We will use reasonable endeavours to resolve any dispute arising from the Terms as soon as possible
15.1.These Terms stop applying when your Account is deactivated by us. However, the parts of these Terms relating to indemnities, liability, intellectual property, disputes, and anything that by its nature survives the termination of these Terms, will continue to apply after these Terms end.
15.2.These Terms are governed by the laws of South Australia. You and we submit to the non-exclusive jurisdiction of the courts of South Australia (and any courts elsewhere in Australia with jurisdiction to hear appeals from those courts).
15.3.If you want to contact us, you can use the email address support@restoplus.com.au or phone number +1800 861 344.
15.4.If we want to contact you, we will use the email address linked to your Account, or the interface of our Platform.