Terms and Conditions

Hello, we’re Etables Pty Ltd (ACN - ) (Etables, We provide our customers an interactive mobile menu (Menu) containing food, beverage, and merchandise products (Products) from third-party restaurants and venues (Venues). By scanning the QR code or by visiting the links located on a Venue’s website, You will be directed to our Website and can view photos of and information about the Products and may purchase the Products (Order) from the Menu by entering your nominated payment method on the Website which is processed in accordance with clause 3 (Services).

These Terms of Use are binding on any use of our Services on any Device and apply to you from the time that we provide you with access to any of the Services. These Terms of Use will govern any upgrades provided by us that replace and/or supplement the original Services unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

You accept that your use (whether as a registered or unregistered user) or access of the Services on any Device includes your unreserved acceptance of these Terms of Use and Our Privacy Policy.

By using (whether as a registered or unregistered user) or accessing our Services, you acknowledge that you have read and understood and agree to be bound by these Terms of Use in their entirety in addition to any other applicable laws and regulations and that you have the authority to act on behalf of any person or entity for whom you are using the Services and you agree to these Terms of Use personally and on behalf that person or entity.

If you do not agree to any of these Terms of Use you must not use the Services in any manner.

If you have any particular questions please contact us by email via support@etables.com

Using our Services & Website

Etables grants you a non-exclusive, non-transferable license to access, use and navigate the Services and Website subject to you complying with these Terms.
To use the Services, you acknowledge and agree that you may need to provide Etables with information that could personally identify you and you acknowledge that Etables may collect your location. You acknowledge and agree that all information collected will be dealt with in accordance with our Privacy Policy.
You acknowledge and agree that Etables may send electronic messages to your contact telephone number or email address. You agree that by using the Services you consent to Etables sending you electronic messages. We will only send you messages related to your Order and, if you opt in, we may send you direct marketing communications and information about services that we consider may be of interest to you. You can opt-out of receiving direct marketing communications and information at any time
You agree that placing an Order using the Services is subject to you making full payment for the Products in accordance with clause 3.
If you purchase Products that are alcoholic beverages, contain alcohol, or by law require you to be over the age of 18 years for consumption, you warrant that you are over the age of 18 years.
You agree that it is the responsibility of the Venue to comply with all laws in relation to the service of alcohol including responsible service of alcohol, ensuring the Venue holds a valid alcohol license and ensuring that the Customer is over the age of 18 years before serving the Customer alcohol.
You acknowledge that Etables does not guarantee that Products will be delivered or available for pick-up within a certain time frame or that the Products are of a certain quality.
You acknowledge that Etables does not guarantee that any of the information displayed on its Website including all information, photos, ingredients, explanations of a Product or the Menu of the Venue is accurate and Etables is not liable for any errors in representation.
You acknowledge that Etables acts only as an intermediary between the Customer and the Venue and is not liable if the Venue does not stock or make the Products available or refuses to accept your Order.

Fees and Payments

You acknowledge that where you purchase any food, beverage, or goods from a Merchant through our Services you will be responsible for payment in respect of that food, beverage, or goods.
You acknowledge that Etables uses third-party payment processors including but not limited to Stripe, Paypal, Hyperwallet, Apple Pay, and Google Pay (Payment Processors). You agree that you will pay in addition to the purchase price of the Product, any additional fees charged by the Payment Processors.
The processing of payments or credit cards is subject to the terms, conditions, and privacy policies of your credit card issuer and the Payment Processors in addition to these Terms. The terms and conditions and privacy policies for the Payment Processors can be accessed at their websites. Etables is not responsible for any errors by the Payment Processor or credit card issuer.
You warrant that you are the authorised user of any payment method that you use in connection with the Services and the Website and you acknowledge Etables is not liable for any unauthorized use of any payment method.
You acknowledge and agree that the Merchant is solely responsible for providing you with a valid tax invoice, ensuring that any tax invoice provided is correct in all respects and is a Valid Tax Invoice and you agree to hold us harmless in respect of any loss or damage arising from the Merchant’s failure to do so.
You agree and acknowledge that a refund will only be provided to you in the circumstances contemplated by these Terms of Use.

Use of Promotional codes:

A Venue may offer promotional codes that may provide you with discounts, bonus offers or other incentives for you to use our Services (Venue Promotional Codes). We agree to allow you to use valid Venue Promotional Codes subject to any terms and conditions imposed by the Venue and the following conditions:

Venue Promotional Codes cannot be redeemed for cash, can only be used on one transaction, must be used before the expiry date.
Etables and the Venue reserve the right to cancel, withhold use, suspend or modify the terms of Venue Promotional Codes and any discount or benefit associated with it at any time.

Intellectual Property

1.Title to, and all Intellectual Property Rights in the Services and any documentation relating to the Services remain our (and/or our licensors) sole property.

2. Nothing in these Terms of Use constitutes a transfer of any Intellectual Property Rights.

3. Nothing transfers to your ownership of the Services or our Intellectual Property Rights in relation to the Services.

4. You acknowledge that we (and/or our licensors) own all the Intellectual Property Rights in the Services.

5. We retain full legal rights in and title to the Services whether in its original form or as modified by you or us.

6. You will not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Services.

7. If any person makes any claim alleging that any of the Services infringes any Intellectual Property Rights or Moral Rights of any person, you must:

promptly notify us in writing; and cooperate with, assist and act at all times in accordance with our reasonable instructions, in relation to the claim and any consequent investigations, negotiations, settlement, and dispute resolution proceedings.

8. You must not:

permit any person to link to any page containing any part of the Services (including via a hyperlink or RSS feed) without our prior written consent;
except as expressly permitted by these Terms of Use, and except to the extent that applicable laws, including the Copyright Act 1968 (Cth), prevent us restraining you from doing so:
reproduce, make error corrections to or otherwise modify or adapt the Services or create any derivative works based upon the Services;
decompile, disassemble or otherwise reverse engineer the Services or permit any third party to do so; or modify or remove any copyright or proprietary notices on the Services.

Data

1.You agree that we may collect, process, use, disclose, store, and back up your Data for any purpose (including the purpose of enabling you to use or access the Services and any other purpose related to the provision of services to you).

2. You acknowledge and agree that:

where you create a user account or user profile, we may collect information from you (including personal information) in support of your registration. You authorize us to retain such inputted information;
where you interact with our Services, without a user account or profile, we may cache any transmitted data for a period of up to 24 hours (following which such data will be erased); and
where we collect, process, use, disclose, store, and back-up any of your personal information we will do so in accordance with our Privacy Policy.

3. You agree that we may collect and use the Data and other technical and related information, including but not limited to information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

BACKUP OF DATA

We adhere to best practice policies and procedures to prevent data loss, including a daily system data back-up regime but do not make any guarantees that there will be no loss of Data.

THIRD PARTY APPLICATIONS AND YOUR DATA

1. If you enable third-party applications for use in conjunction with the Services, you acknowledge that we may allow the providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the Services.

2. You agree that where you use any third-party applications or services to interact with our Services in any way, you do so at your own risk and on the understanding that we are not responsible for any claims or loss arising out of, or in any way related to, your use of such third party applications or services and/or the interaction of such third-party applications or services with our Services.

Limitation & Liability

1.Etables disclaims all liability for any loss or damage of any kind arising out of or in connection with the Services and the Website content and your use or performance of the Website and Services to a maximum extent permitted by law including without limitation and liability relating to:

consumption of alcohol by minors;
your consumption of Products that may result in allergic reactions; or
any representation of the ingredients contained in Products.

2.You agree that your use of the Services and the Website are at your own risk and you accept and agree that you will not seek to hold us accountable for any loss or damage that you or any third party may suffer as a result of your use of the Services and/or the Website and that you will indemnify us for any such loss and damage we suffer as a result of claims brought against us by any party as a result of your use of the Services and/or the Website.

3.Notwithstanding the above, to the maximum extent, as permitted by law, you agree that

Etables aggregate liability shall not exceed the total purchase price of your Order.

4.Services supplied to you by Etables come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.

5.Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law(Warranty), any liability imposed upon Etables relating to a breach of Warranty will at its option be limited to a refund of the price of the Order.

Indemnity

1.You agree to indemnify and hold us and our officers, employees and agents harmless ("those indemnified") from and against any action, liability, claim, loss, damage, proceeding, expense (including reasonable legal costs and expenses) suffered or incurred by any of those indemnified, whether directly or indirectly, in connection with:

a) your breach or non-observance of any of these Terms of Use;

b) your breach of any obligation you may have to us;

c) any breach or inaccuracy in any of your representations or warranties; or

d) your use or access of the Services;

e) your consumption of any food, beverage or good procured through the Services;

f) any Data submitted by you;

g) our possession, processing, use, or another handling of the Data or related data, documentation, or records;

h) our refusal to provide any person access to your information or Data in accordance with these Terms of Use; and

i) us making available information or Data to any person with your authorization.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Termination

1.Your rights under these Terms of Use to use the Services will terminate automatically without notice from us if you fail to comply with these Terms of Use.

2. Upon termination, you shall cease all use of the Services, and destroy and/or return all copies, full or partial, of the Services as well as all revisions, enhancements, and upgrades of the Services.

3. Any termination shall not affect any accrued rights or liabilities of either party nor shall it affect any provision of these Terms of Use which is expressly or by implication intended to continue in force after such termination.

Acknowledgment & Release

You acknowledge and agree that:

a) we are neither an agent nor otherwise associated with any Merchant;

b) you must resolve all disputes directly with the Merchant or Delivery Provider (as relevant);

c) Merchants and Delivery Providers are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by you, in connection with your interaction with or provision of goods and/or services to you by any Merchant or Delivery Provider (as applicable);

d) by using or accessing the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use or access the Services at your sole risk and that we shall not have any liability to you for any content that may be found to be offensive, indecent, or objectionable; and

e) Merchants are solely responsible for: (i) determining whether or not any supply of goods and/or services they make to you through our Services should be subject to GST (and the rate of GST); and (ii) providing you (upon request) with a Valid Tax Invoice in respect of any such supply.

2. You agree that, to the maximum extent permitted by law, you release us from any and all claims suffered by you, in connection with:

a) your interaction with or provision of goods and/or services to you by any Merchant or Delivery Provider;

b) any loss, cost or damage you suffer as a result of (or in any way connected to) any food, beverage or goods purchased through our Services from a Merchant;

c) any loss, cost or damage you suffer as a result of (or in any way connected to) any food, beverage or goods purchased through our Services which are (and/or are to be) delivered by a Delivery Provider;

d) any loss, cost or damage you suffer as a result of a Merchant’s failure to correctly classify (for GST purposes) any supply of goods and/or services to you and/or to provide you with a Valid Tax Invoice for any such supply;

e) your use of our Services (except in the manner contemplated by these Terms of Use);

f) any collection, use, processing or disclosure of your personal information in accordance with our Privacy Policy; and

g) the protection and privacy of your personal information (except as set out in our Privacy Policy).

GOVERNING LAW

The parties to these Terms of Use shall be bound by the laws of the State of Victoria in relation to all matters arising from all contracts between the parties and the parties agree to submit to the non-exclusive jurisdiction of the Court of Victoria and the Federal Courts of Australia and that any legal proceedings may be heard in these Courts.

Notices

Any notice given under these Terms of Use by either party to the other must be in writing by email and will be deemed to have been given on transmission.

Notices must be sent to help@etables.com or to any other email address notified by email to you by us.
Notices to you may be sent via electronic messages, including email, text message/SMS, or mobile push notifications, to the email address or numbers which you provided when setting up your access to the Services.

Variation to Terms:

We reserve the right to change, modify, add or remove portions of these Terms of Use at any time without notice to you, effective upon posting it on the Services. By continuing to use or access the Services following any changes to these Terms of Use, you signify that you have read, understood and agree to be bound by the updated Terms of Use.