fbpx
Coronavirus information
Open 7 days, 7am - late 791 Stafford Road, Everton Park

Terms & Conditions

Terms & Conditions

  1. Overview
  • a. Thank you for using Bopple. We provide Australia’s premier online pre-order and payment service for cafes and restaurants. We help great venues and customers connect, interact and transact, even before they arrive.
  • b. We, Bopple Technologies Pty Ltd (ACN 631 587 552) (we, us, our, Bopple), own and operate www.bopple.me and the Bopple mobile application (together, Platform). Please read these terms and conditions (Terms) carefully as they form a contract between you and us. By using the Platform, you agree with and accept the Terms in this Agreement.
  • c. These Terms, our Privacy Policy and all policies and guidelines related to the Platform form the entire agreement between you and us (together, Agreement). If you do not accept any terms of the Agreement, you must cease to use the Platform immediately.
  • d. We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.
  1. How it works
  • a. Our Platform is a digital marketplace that connects businesses in the hospitality industry (Providers) with people seeking to order food and drink online (Customers) (together, Users).
  • b. Through the Platform, Customers can:
    • i. view food and drink available in their area;
    • ii. browse menus published by venues on the Platform;
    • iii. choose, order and pay for food and drink items available;
    • iv. be notified of the approximate time their order will be ready to collect; and
    • v. receive their order via pick-up, table service or delivery to a nominated address, as deemed acceptable by the venue.
  • c. Providers can, either through the Platform or their own white-labelled application:
  • i. create a venue profile including by setting opening hours, wait times and delivery methods (pickup, order to table number or order to address);
    • ii. set their venue status to “open” or “closed”;
    • iii. list products available for sale with images, descriptions and prices into separate, easy to navigate categories;
    • iv. track venue performance; and
    • v. receive payment for orders processed through the Platform.
  1. Our role
  • a. We act as an intermediary between Users and our role is limited to facilitating access to and use of the Platform, including by taking feedback and improving the Platform, as well as, at our discretion, assisting in managing disputes that may arise between Customers and Providers.
  • b. We do not own, create, sell, resell, provide, control, manage, deliver or supply any services or products of any Providers advertised through our Platform (Provider’s Service).
  • c. By accessing and using the Platform, you acknowledge and agree that:
    • i. we are not a party to or participant in any contractual relationship that may arise between Users;
    • ii. we are not acting as an agent in any capacity for any User; and
    • iii. we are not responsible for and have no control over the use of the Platform by other Users.
  1. Registration and Access to Platform
  • a. To obtain access to our Platform, you must register for an account with us (Account) and accept these Terms and our Privacy Policy which forms a contractual relationship between you and us.
  • b. You may only create one Account on the Platform.
  • c. To register an Account, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, phone number, a valid email address and password (Registration Information).
  • d. If your Registration Information changes, you must promptly update your Account to reflect those changes. If the Registration Information that you provide us is inaccurate or becomes out of date, you may not be able to use all or any of the features of the Platform.
  • e. When you register an Account, you must nominate a username and password. You are responsible for maintaining the confidentiality and integrity of your Account, password and for all use and activity carried out on your Account. If you believe that there has been unauthorised access to your Account, please contact us.
  • f. By accessing and using the Platform as a User, you represent and warrant that:
    • i. you have the right, authority and capacity to agree to and abide by the Terms;
    • ii. we have no control over the conduct of our Users and your interactions with other Users (whether in person or online) and your use of any Provider’s Service as a Customer is at your own risk;
    • iii. if you are a minor, you have obtained the necessary parental or guardian consent to access and use the Platform;
    • iv. if you are a minor, you may not be able to use, access or take full advantage of the Platform and its features;
    • v. we are not obliged to confirm the identity of Users but may, at our discretion, take reasonable steps to ensure Customer and Provider details are accurate;
    • vi. we do not guarantee the existence, availability, suitability, legality or safety of any Provider’s Service;
    • vii. you are responsible for maintaining the confidentiality of your Registration Information at all times;
    • viii. your access to and use of the Platform is non-transferable;
    • ix. we reserve the right to deny anyone access to an Account or the Platform at any time and for any reason without notice;
    • x. if you are registering an Account or using the Platform on behalf of a company, that company is taken to have accepted the Terms and you are taken to have been duly authorised to bind the company; and
    • xi. you will use the Platform in a manner consistent with any and all applicable laws, regulations and all Bopple policies.
  • g. By registering for an Account, you agree that we may from time-to-time send you text messages, push notifications and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of our Platform.
  1. Use of Platform
  • 5.1 User Access to the Platform
  • By accessing the Platform as a User, you will:
    • a. use the Platform for lawful purposes only;
    • b. not commit any act or engage in any practice that:
      • i. is harmful to our systems, brand, reputation or goodwill; or
      • ii. interferes with the integrity of the Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
    • c. not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
    • d. not restrict, or attempt to restrict, another User from using the Platform;
    • e. not encourage or facilitate violations of the Terms;
    • f. not distribute or send communications that contain spam, chain letters, or pyramid schemes;
    • g. not harvest or otherwise collect information about other Users, including Registration Information, without their consent;
    • h. not bypass measures used to prevent or restrict access to our Platform;
    • i. not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another User; and
    • j. not infringe any intellectual property rights or any other contractual or proprietary rights of another User or third party.
  • 5.2 Provider Use
  • In addition to the obligations in clause 5.1 above, by accessing the Platform as a Provider, you will:
    • a. promote the Platform at the location where a Customer collects an order for the Provider’s Service, as well as on the Provider’s social media accounts, in good faith;
    • b. in promoting the Platform in accordance with clause 5.2(a), comply with license in clause 9(e) below;
    • c. handle any and all Customer information received as a result of or in connection with use of the Platform, in accordance with Bopple’s Privacy Policy and all applicable privacy laws;
    • d. without limiting the application of clause 5.2(c), comply with all reasonable directions provided by Bopple in relation to the use of Customer’s personal information in direct marketing campaigns, including ceasing to direct market to Customer’s that have opted-out of such communications; and
    • e. grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use your logo and business name for marketing and promotional purposes via our Platform, social media channels and any other medium we deem fit.
  1. User Content
  • a. We reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Users through the Platform (User Content) and we do not control the accuracy of User Content;
  • b. You are solely responsible for User Content:
    • i. you post, publish or otherwise transmit through the Platform; and
    • ii. you obtain through accessing or using the Platform.
  • c. You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, copy, store, share and exploit your User Content for our business or commercial purposes.
  • d. The views expressed in any User Content are the views of Users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform to us.
  • e. Providers are responsible for providing and maintaining up to date and accurate information on their vendor profile, including stock availability and preparation times to ensure the information disseminated to Customers is a true representation of the products that Customers may purchase and collect.
  1. Payment Terms
  • In this clause 7, Payment Method means a financial instrument that Users have added to their Account, such as a credit card, debit card or Stripe account.
  • 7.1 Payment method
    • a. Fees payable by Users under these Terms must be paid using payment processing services provided by Stripe Payments Australia Pty Ltd ACN 160 180 343 (Stripe) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the Stripe Terms of Service). Please review the Stripe Terms of Service before using your nominated Payment Method.
    • b. By agreeing to these Terms or continuing to use the Platform, you agree to be bound by the Stripe Terms of Service as modified by Stripe from time to time.
    • c. We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.
    • d. Providers acknowledge and agree that:
      • i. Stripe charges a fee to Bopple for the use of its payment processing services (Transaction Fee) and Bopple will pass on the Transaction Fee to Providers; and
      • ii. if a chargeback occurs in relation to a Customer of the Provider and as a result, we are charged a fee by Stripe, then we will be entitled to pass on any such fee in full to the relevant Provider (Chargeback Fee). We warrant that we do not gain any benefit from any Chargeback Fee charged by Stripe and that the amount passed on to the Provider is the same amount that we are charged by Stripe.
    • e. We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up receiving or paying the correct amount.
    • f. Customers are responsible for:
      • i. ensuring that their nominated Payment Method has sufficient funds to pay the Provider Fees that they incur through the Platform;
      • ii. paying all bank fees, including fees charged by your bank for an overdraw of your account as a result of payment of the Provider Fees; and
      • iii. if any payment fails, any reasonable administration fees.
  • 7.2 Provider’s fees
    • a. The fee to be paid by a Customer for the Provider’s Service (Provider Fee) is determined solely by the Provider and we have no control over the Provider Fees, or any increase or decrease in them.
    • b. The Customer agrees to pay the Provider Fee when purchasing a Provider’s Service though the Platform.
  • 7.3 Subscription fees
    • a. We may charge fees to Providers in consideration for the use of the Platform (Subscription Fees).
    • b. Unless otherwise expressly stated, all Subscription Fees are in Australian Dollars (AUD). Subscription Fees may be converted to your local currency at the time of payment. We will be entitled to add on GST for any supply in Australia.
    • c. We will inform you of any applicable Subscription Fees (including any applicable GST) before you register an Account.
    • d. We reserve the right to change the Subscription Fees at any time and we will provide Providers with reasonable notice of any changes to the Subscription Fees before they become effective.
    • e. You, as a Provider, are responsible for paying any Subscription Fees that you owe to us. Except as otherwise provided in these Terms, Subscription Fees are non-refundable.
    • f. A Subscription Fee is not inclusive of any applicable Transaction Fees and as such, they will be charged to a Provider separately of the Subscription Fee.
  • 7.4 Service fees
    • a. When a Provider makes a sale through the Platform, the Provider will be charged a fee for the transaction (Service Fee) unless the Provider is paying a Subscription Fee.
    • b. Service Fees will be charged as a percentage of the Provider Fee payable by the Customer and will be automatically deducted from the Provider Fee.
    • c. The Service Fees are inclusive of any Transaction Fees that may apply.
    • d. We will collect the total fees from the Customer at the time an order is placed and transmit the Provider Fee to the Provider less our Service Fee.
    • e. The current rate of the Service Fee is displayed on the Bopple website and Platform. We reserve the right to change the rate of the Service Fees at any time and we will provide Providers with reasonable notice of any fee changes before they become effective.
    • f. Where a Provider is paying a Subscription Fee and:
      • i. the relevant subscription period ends; or
      • ii. the payment of the subscription fee by the Provider fails repeatedly, for any reason, a Provider will automatically rollover to the Service Fee model and the Service Fees will begin to apply immediately.
  1. Cancellations and Refunds
  • 8.1 Cancellations
    • a. By accepting a Provider’s Service on the Platform, Customers accept and agree to the relevant cancellation policy of that Provider and to any additional terms and conditions of the Provider’s Service that may apply to you.
    • b. Customers may only cancel an order for the Provider’s Service (Order) by contacting the Provider themselves. It is at the Provider’s discretion as to whether they will accept an order cancellation.
    • c. A Provider may cancel an Order at any time. A Provider may, for example, reject an Order if they are too busy or the products the Customer ordered are unavailable.
    • d. Users acknowledge and accept that once an Order has been successfully placed by a Customer with a Provider, Bopple is entitled to receive the relevant Service Fee or Transaction Fee, whichever may apply, regardless of whether the Order is satisfied.
  • 8.2 Refunds
    • a. By accepting a Provider’s Service on the Platform, Customers accept and agree to the relevant refund policy of the Provider and to any additional terms and conditions of the Provider’s Service that may apply to you.
    • b. Please check the terms and conditions of a Provider’s Service thoroughly for any such conditions prior to placing an Order or making a purchase through the Platform.
    • c. Where a Customer requests a refund (Refund Request), the approval of the Refund Request will be determined by the Provider in accordance with the Provider’s own cancellation and refunds policy.
    • d. Customers agree that we have no control of any Provider’s cancellation and refunds policy and that we will not be responsible for any result or consequence of a request for a cancellation or refund from a Provider.
    • e. All Providers must strictly abide by and adhere to their cancellation and refund policies.
    • f. Where there is a dispute in relation to the application of a Provider’s cancellation or refund policy, we may intervene and assist in resolving any such dispute upon being notified by the relevant Customer or Provider, in accordance with clause 16.
    • g. We handle and process refunds of our any Subscription Fees or Transaction Fees in accordance with the Australian Consumer Law:
      • i. should you wish to obtain a refund, you may contact us within 14 calendar days of completion of the service to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the service;
      • ii. refunds are made at our discretion and are subject to any guarantees that cannot be excluded under the Australian Consumer Law; and
      • iii. except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the completion of the service or, if we determine, in our absolute discretion, it is reasonable to do so.
    • h. We may, at our discretion, implement a cancellation and refund policy and, by continuing the use the Platform after receiving notice of a cancellation and refund policy, Users agree to be bound by any such policy. In the event of any inconsistency between our policy and a Provider’s policy, our policy will prevail.
  1. Intellectual Property Rights
  • a. In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, software, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
  • b. We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, Platform Content). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.
  • c. You may access the Platform using a web browser or mobile device, and electronically copy and print hardcopies the Platform Content solely for your personal, non-commercial use.
  • d. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.
  • e. Bopple grants to Providers a royalty free, worldwide, revocable, non-exclusive, non-transferable, and non-sublicensable license to use Bopple’s name and logo strictly for the purposes of promoting the Platform in accordance with clause 5.2 above.
  1. Third Party Links
  • The Platform may contain links and other pointers to Internet websites or applications owned and operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.
  1. Disclaimer
  • To the fullest extent permitted by law, you agree and acknowledge that:
    • a. the Platform is provided “as is” and “as available” and the entire risk arising out of your use of the Platform remains solely with you;
    • b. we do not control, endorse and are not responsible for any User Content;
    • c. we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion;
    • d. we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;
    • e. we make no warranty or representation that the Platform will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
    • f. we are not liable for loss of sales if the Platform is down due to third-party actions, including but not limited to the maintenance services, internet service providers, third party servers, nefarious hacks or distributed denial of service attacks; and
    • g. we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.
  1. Exclusion and Limitation of Liability
  • a. To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
    • i. your use or inability to use the Platform;
    • ii. if you are a Customer, your use of a Provider’s Services, any errors or delay in the provision of a Provider’s Service or quality issues with a Provider’s Service;
    • iii. if you are a Provider, your provision of Provider’s Services;
    • iv. any User Content;
    • v. any interactions between Users;
    • vi. the conduct of other Users;
    • vii. any User breaching or failing to comply with any applicable laws;
    • viii. any Provider providing Provider’s Services which are not fit for purpose or consumption, that could or does result in loss, injury or death;
    • ix. any User breaching or failing to comply with these Terms and any applicable terms and conditions; and
    • x. unauthorised creation, access or use of your personal information, Account or your User Content, even if we have been advised of the possibility of such loss.
  • b. To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
  • c. Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 11(g)(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
    • i. the re-supply of the services or products; or
    • ii. the payment of the direct cost of having the services or products resupplied.
  1. Privacy
  • We will collect, use and disclose any personal information you provide us when accessing or using the Platform in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.
  1. Indemnity
  • a. You agree to indemnify us for all reasonable losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, acquisition or provision (as the case may be) of Provider’s Service, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.
  • b.We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
  1. Termination
  • a. Both we and our Users have a right to terminate this Agreement at any time.
  • b. Users may terminate this Agreement by providing written notice to us by email or by using the close account facility in settings on the Platform. Termination will be effective upon our receipt of the written notice, following which, we will disable the User’s profile as soon as practicable.
  • c. Users shall remain obligated to complete any outstanding payment for any Provider Fee, Subscription Fee or Transaction Fee incurred before the Agreement termination date.
  • d. We reserve the right to:
    • i. cease operating the Platform, without notice and for any reason; and/or
    • ii. terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms.
  • e. If one of the events described in clause 15(d) occurs, then:
    • i. you will not have any access to the Platform, your Account or User Content; and
    • ii. we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform.
  1. Dispute Resolution
  • 16.1 Disputes between Users
    • a. We reserve the right, but have no obligation, to monitor disputes between Customers and Providers.
    • b. Where a dispute has arisen between a Customer and a Provider in relation to the application of a cancellation or refund, the Customer and Provider should first attempt to resolve the issue between them. We may, but are not obligated to, intervene and assist in resolving any such dispute upon being notified by the relevant Customer or Provider.
    • c. Upon receiving notification of a dispute from the a Customer or Provider, we will liaise with each of the parties and attempt to facilitate a resolution. Each party to the dispute must cooperate and take all reasonable steps necessary to resolve the dispute.
    • d. We will use reasonably commercial endeavours to ensure that all Providers reasonably uphold their cancellation and refund policies.
    • e. In circumstances where we reasonably believe that a dispute has not been or will not be resolved by the Customer and Provider despite any intervention or facilitation by us, the Customer or the Provider may refer the dispute for arbitration or mediation.
    • f. The parties agree to negotiate in good faith to agree on the appointment of an arbitrator or mediator or failing agreement as appointed by the President of The Law Society of Queensland.
    • g. If a party fails to adhere to the terms of this clause 16.1 and proceedings are subsequently issued by the defaulting party, these Terms can be used as a bar to those proceedings.
    • h. All communications concerning negotiations made by the parties in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
    • i. You agree and acknowledge that we are not liable for any costs incurred by the Users in relation to the resolution of any dispute between a Customer and a Provider
  • 16.2 Disputes between Users and us
    • a. If a dispute arises out of or relates to these Terms as between us and a User, either party must not commence legal proceedings (except proceedings seeking interlocutory relief) unless it has complied with this clause 16.2.
    • b. The parties must use reasonable endeavours to resolve through negotiation all disputes.
    • c. If, within 10 business days (that is, days that are not bank holidays in Australia), the dispute cannot be resolved following negotiation between the parties, either party may refer the dispute for arbitration.
    • d. The parties agree to negotiate in good faith on the appointment of a single arbitrator, or failing agreement, as appointed by the President of the Queensland Law Society (if all parties are situated in Australia) or (where one or more of the dispute parties is not situated in Australia) to an arbitrator appointed by the Australian Centre for International Commercial Arbitration (ACICA).
    • e. The arbitration will be conducted in Brisbane or Sydney in accordance with the ACICA Rules operating at the time the dispute is referred to ACICA.
    • f. The terms of the ACICA Rules are deemed incorporated into these Terms.
    • g. If a party fails to adhere to the term of this clause 16.2 and proceedings are subsequently issued by the defaulting party, these Terms can be used as a bar to any proceedings so issued.
    • h. All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
  1. No Waiver
  • No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
  1. Variation
  • We may vary, amend or otherwise modify these Terms at any time. We will publish the new Terms on the Platform at which time they will be effective. Your continued use of the Platform following posting of the new Terms constitutes your acceptance of the new Terms.
  1. Severability
  • If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
  1. Law and Jurisdiction
  • These Terms are governed by and construed in accordance with the laws of Queensland, Australia. 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.
  1. Feedback and Contact
  • Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Platform. You may submit feedback by contacting us at legal@bopple.me