Venue Terms

1. The Service

The Service is NonstopOrder's self-ordering kiosk software, kitchen and counter screens, order board, online ordering, rewards, reports and dashboard, and our support. We will provide it with due care and skill and keep it reasonably available, but it may sometimes be unavailable for maintenance or for reasons outside our control. We tell you in the dashboard or by email before planned work that may interrupt trading.

Card payments are processed by Tyro Payments Limited under your own merchant agreement with Tyro. Tyro's fees and terms are between you and Tyro. As a Tyro partner, we receive from Tyro the part of your Tyro card rate above 1% of each transaction. Your Tyro rate is shown in your Tyro agreement, and you can ask us at any time what we receive.

We may improve or change features. We will not remove a core feature you are paying for (kiosk ordering, kitchen screen, online ordering, rewards) without at least 30 days' notice, and if we do you may end your subscription and get a pro-rata refund of fees paid in advance.

2. Fees and billing

• Price. You pay the subscription fee for the plan shown on Settings › Billing when you subscribe, weekly or monthly as stated there, plus GST where it applies. If your plan includes a percentage of card sales, that percentage of the period's paid kiosk and online card orders is added to the same invoice, itemised. Any hardware instalment you agreed (section 3) is charged with it. Because of those items, the amount debited can change from one period to the next; each invoice shows how it was worked out.
• How you pay. By direct debit from your bank account or by card, through Stripe. You authorise those regular charges when you subscribe. For bank debits, Stripe's Direct Debit Request Service Agreement applies, including your right to stop or change debits and to dispute a debit with us or your bank. We will give you at least 30 days' notice before changing the debit arrangements.
• Invoices. A tax invoice for each charge is available on Settings › Billing.
• Price changes. We may change the price with at least 30 days' written notice. If you do not agree, you may cancel before the change takes effect and you will not pay the new price.
• Late payment. If a payment fails we tell you and try again. If it is still unpaid 14 days after it was due, ordering on your kiosk and online ordering are paused, at your next closing time, never in the middle of service, until it is paid. Your kitchen screen, dashboard and data keep working, and ordering resumes automatically once the payment goes through. We do not charge late fees.
• Refunds. Fees are for the period they cover. If you cancel, you are not charged again and keep access until the end of the period already paid; that period is not refunded unless the Service had a major failure or the law requires it. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these terms limits them.
• Disputes. If you think a charge is wrong, tell us as soon as you can at [email protected] (you can also go to your bank). We refund amounts charged in error.
• Other pauses. Apart from late payment, we may pause the Service for your venue only to stop fraud, a security threat or unlawful use, or if your Tyro or Stripe account is closed. We will tell you first where we can, explain why, and lift it as soon as the reason is resolved.

3. Hardware

• Bought outright. Ownership passes to you when we receive payment in full.
• Paid by instalments. If you pay for hardware with your subscription, the number and amount of instalments are shown on Settings › Billing. We keep ownership until the last instalment is paid, and we may register our interest on the Personal Property Securities Register. Email us to pay off the remaining balance at any time, with no fee. If you end your subscription before the last instalment, you choose: pay the remaining hardware instalments (never future subscription fees), on the same schedule or at once; or return the hardware in good condition (fair wear and tear excepted), at our cost to collect, and owe only instalments already due. If we end the agreement without you being in breach, you may keep the hardware and pay the remaining instalments on schedule, or return it with nothing further to pay.
• Care. Please keep the hardware reasonably protected from weather and damage, and do not sell it or offer it as security while instalments are owing.
• Warranty. Hardware comes with the manufacturer's warranty passed on to you, in addition to your rights under the Australian Consumer Law. Tell us about a fault and we will arrange a repair or replacement under that warranty or those rights.
• Remote management. Kiosk and kitchen tablets are set up so we can restart, update and fix them remotely and alert you if they go offline. We do this only to provide and support the Service. We take a screenshot or read device logs only when you ask, or when our support needs it to fix a problem; screenshots can show customer first names and are deleted within 24 hours.

4. Your responsibilities

• You sell the food and drink and are responsible for your menu, prices, food safety, allergen information, opening hours, GST and your own customer service, refunds and refund policy.
• Keep your dashboard sign-in, venue PIN and devices secure, and tell us promptly if you think someone has misused them.
• Only upload menu photos, logos and content you own or are licensed to use. You give us permission to show them in the Service and, with your separate agreement, in our marketing.
• Send offers by text only to customers who agreed to receive them and only through the Service's message tools, which add the unsubscribe link the Spam Act 2003 requires.
• Do not add card surcharges where the law or card scheme rules do not allow them.
• Do not use the Service for anything unlawful, or to interfere with it or other venues.

5. Customer data

• We handle customers' personal information under our Privacy Policy and the Australian Privacy Principles.
• You can see the details of customers who ordered from you or joined your rewards. Use them only to serve those customers, run your rewards and send offers they agreed to, and keep them secure. Do not sell them or use them for anything else.
• Your sales, menu and settings are yours. You can download your reports at any time, and for 60 days after your subscription ends we will give you an export on request before we delete or de-identify them, except records we must keep by law.
• If we become aware of a data breach affecting your customers, we will tell you without undue delay.

6. Ending the agreement

• No lock-in. You can cancel at any time from Settings › Billing or by emailing us. It takes effect at the end of the period already paid.
• We may end the agreement with 30 days' notice, and refund any fees paid for the period after it ends.
• Either of us may end it straight away by written notice if the other seriously breaches these terms and does not fix the breach within 14 days of being asked, or becomes insolvent.
• Sections 3 (instalments owing), 5 (customer data) and 7 (liability) continue after the agreement ends.

7. Liability

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.

To the extent the law allows, and except for liability for personal injury, fraud, wilful misconduct, or a breach of the customer-data obligations above: neither of us is liable to the other for indirect or consequential loss; and each party's total liability under these terms in any 12 months is limited to the greater of the fees paid or payable by you in those 12 months and A$5,000. Where our liability for failing to meet a consumer guarantee can lawfully be limited, it is limited to supplying the services again or paying the cost of having them supplied again.

Neither of us is responsible for a failure caused by events outside our reasonable control, such as a power, internet or card-network outage, as long as we tell the other and work to limit the effect.

8. General

• Changes to these terms. We may change these terms only to reflect changes in the Service, the law, security needs or our providers' terms, with at least 30 days' notice by email or in the dashboard. A change that is not to your detriment can take effect sooner. If you do not agree with a change, you may cancel before it takes effect without paying any fee, and you will get a pro-rata refund of fees paid in advance; if you have hardware on instalments, the end-of-subscription choice in section 3 applies.
• Complaints and disputes. Tell us first at [email protected]; we will reply within 5 business days and try in good faith to resolve it. This does not stop either of us going to a court, tribunal or the Australian Small Business and Family Enterprise Ombudsman.
• Transfer. We may transfer this agreement to a company we control or that takes over the Service, and will tell you. You may transfer it with our agreement, which we will not unreasonably refuse.
• Law. These terms are governed by the laws of Victoria, Australia.