The terms, written so you can actually check them

1These terms, and who they bind

These terms are an agreement between OrderWithMe Pty Ltd (ABN 16 309 697 278) — we, us — and the business that registers a venue account — you, the venue.

You accept them by creating an account or by using the service. If you are accepting for a company, trust or partnership, you confirm you are authorised to bind it, and "you" means that entity.

Our Privacy Policy forms part of this agreement. Where the two conflict on how personal information is handled, the Privacy Policy wins.

Part B binds customers, not you. It sets out the terms on which a diner uses the ordering page. It does not create obligations for us in respect of your food.

2What OrderWithMe is, and what it is not

We provide software. It gives your venue a branded ordering page, QR codes for your tables, a menu you control, a live orders dashboard, kitchen dockets, receipts and tax invoices, and payment through Stripe.

What we are not, stated plainly because the difference decides who is responsible for what:

• We are not a marketplace and we do not bring you customers. Your ordering page is yours; nobody browses OrderWithMe looking for somewhere to eat. The trade against a delivery platform is exactly this — we cost a fraction of their commission and we send you nobody.
• We are not the seller. You sell the food. You are the merchant of record on every transaction.
• We are not a payment service and we do not provide a financial service. Stripe processes the money under its own agreement with you. We never hold, route or have authority over your funds.
• We do not employ or supervise anyone at your venue, and we have no part in food safety, service or fulfilment.
• We are not your adviser — not on tax, not on liquor licensing, not on employment, not on what your prices should be.

3Eligibility, approval and the one-venue rule

• You must be a business operating lawfully in Australia, hold an ABN, and be at least 18.
• Every venue is reviewed before it can trade. Creating an account does not make you live. A venue can take orders only once it is approved by us, published by you, and enabled for charges by Stripe. All three, every time.
• We may decline a venue, and will tell you why. Common reasons are a business we cannot verify, a menu that breaks the law, or details that do not match the ABN.
• Approval is not an endorsement, and it is not a check of your food, your premises or your licences.
• One venue per account. The dashboard is built for a single venue and the limit is enforced in the database. If you run more than one site, contact us rather than working around it.
• Keep your business details, and your liquor licence details if you have one, accurate and current. Tell us within a reasonable time if your ABN, entity or ownership changes.

4Your account, your staff, and keeping it secure

• You are responsible for everything done through your account, including by staff you invite.
• Keep your password to yourself. We recommend turning on two-factor authentication; on some accounts we require it.
• You may invite team members and set their role. Remove them when they leave — we cannot know that they have, and a former employee with a live login can read your takings.
• Do not share one login between staff. A record of who marked an order ready is worth nothing if everyone is the same person.
• Tell us promptly if you believe someone else has reached your account.
• You are responsible for your own devices and connection. A tablet left unlocked on a pass is outside anything we can protect.

5Our fee, and exactly what it is calculated on

1.9% of the food on each paid order. No monthly fee, no setup fee, no per-QR-code fee, no charge for extra staff logins, no charge for support, and no feature held behind a higher tier. An order that is never paid costs you nothing. A quiet week costs you nothing.

"The food" means the value of the items ordered as actually charged, after any member discount or reward you granted. The fee follows what genuinely changed hands: 1.9% of a $90 order is $1.71.

Three things sit outside that calculation, and this is a commitment for the term of this agreement, not a description of a current setting:

Anything we add to an order in future stays outside that arithmetic too. The rule you have to trust is one sentence — 1.9% of the food — rather than a list of exceptions you would have to audit us on.

Collection, GST, and what happens if it fails

• The fee is taken automatically as each order is paid, so there is no invoice to settle and nothing to chase.
• Our fees are stated exclusive of GST; GST is added where payable, and we issue you a tax invoice.
• If automatic collection fails — a disconnected Stripe account, a reversal, a negative balance — the amount remains payable, and we may recover it by set-off against amounts we hold or collect for you, or invoice it on 14 days' terms.
• We may charge reasonable costs actually incurred in recovering an overdue amount. We do not charge penalty interest.

Changing the fee

We may change our fee on at least 30 days' notice by email. If you do not accept the change you may terminate at any time before it takes effect, at no cost and with no exit fee, and the old rate applies until you go. A fee change never applies to an order already placed.

6How the money moves

• You are the merchant of record. Payments are taken as direct charges on your own Stripe connected account. In Australia the tax invoice has to come from the venue under the venue's ABN, and the chargeback belongs with whoever served the food — this structure follows from both.
• Funds settle from Stripe to your nominated bank account on Stripe's payout schedule. We never hold, touch or route your money, and we cannot delay, release or redirect a payout.
• You must maintain a Stripe account in good standing and comply with the Stripe Services Agreement. If Stripe suspends, restricts or holds funds, your ordering page stops taking orders, and that is between you and Stripe. We have no ability to override it.
• Prices are never taken from the customer's browser. Every cent is recomputed on our server from your menu at the moment of ordering. The only number a customer can move is the tip, and it is bounded server-side.
• GST on the sale. Receipts show GST on the food and on any surcharge. A voluntary tip is not consideration for a supply, so it is itemised separately and shown as carrying no GST. Your own tax position, registration and reporting are yours to manage.
• Customers receive a receipt, or a tax invoice where you have supplied an ABN. Check that yours is correct — it appears on every invoice you issue.

7Refunds, cancellations and chargebacks

• Refunds are yours to give. You decide, and you issue them through your Stripe account. We are not a party to the sale and cannot refund a customer on your behalf.
• Chargebacks and disputes are between you, your customer and Stripe, including any fee Stripe charges for one. We will provide order records to help you respond.
• Our 1.9% on a refunded order is not automatically returned. If you refund in full because of a fault on our side, ask us and we will refund our fee.
• Your refund and cancellation policy is your own, must be told to your customers, and must comply with the Australian Consumer Law. It cannot be less than the ACL requires.

8Tips

Customers may add a tip at checkout if you enable it. The full tip goes to you. We take no share; Stripe's own processing fee still applies to the total charged.

How a tip is distributed among your staff is entirely your responsibility, including any award, employment, superannuation or tax obligation that attaches to it. We record the amount and nothing more. If you tell customers that tips go to staff, that representation is yours to honour — misleading customers about it is conduct the ACL reaches.

9Surcharges and service fees

You may set a service fee or surcharge. It is your revenue and we take no share.

You are responsible for it being lawful — in particular that a payment surcharge does not exceed your actual cost of accepting that payment method, that it is disclosed before the customer pays, and that your prices are presented as a single total price where the ACL requires it. We display what you configure; we do not check that it is permitted, and configuring it is your representation that it is.

10Loyalty programmes

You may offer member pricing, a stamp card, or both. If you do:

• The promise is yours. The discount comes out of your revenue, not ours, and our fee is calculated on the discounted price — so a programme costs you the discount and nothing extra.
• You must honour a reward the system says a customer has earned.
• Rewards are computed from the customer's actual paid orders at your venue, not from a stored balance, so a cancelled order withdraws the progress it granted.
• You may change or end a programme, but not retrospectively: a reward already earned must be honoured or the customer fairly compensated.
• The terms you advertise are your terms, and they must not mislead. "Buy 9 get 1 free" has to mean that.
• A membership must be genuinely free to join. If you want to charge for one, talk to us first — the platform does not support it, and a paid membership is a product with its own legal consequences.

11Your menu, your branding, your content

• It stays yours. Your menu, prices, photographs, logo and branding remain your property.
• You grant us a non-exclusive, royalty-free, Australia-wide licence to host, reproduce, adapt for display, and communicate them for as long as needed to run your ordering page, print your dockets and send your receipts. The licence ends when you leave, except for copies inside backups and records we must keep.
• We may show your venue name and logo as an example customer on our own site. Tell us not to and we will stop.
• You warrant that you have the rights to everything you upload — photographs especially. Do not upload images you found on the internet.
• Accuracy is yours. Prices, descriptions, allergen and dietary information, country-of-origin claims, and whether an item contains alcohol. We display what you enter. We have no way to know that a gluten-free tag is wrong, and the consequences of it being wrong land on you and on your customer.
• Images you upload are served publicly from a public bucket, so they can appear to people not signed in to anything. Do not upload anything private, anything identifying a person, or any document.

12The AI menu import

You can photograph or upload a PDF of your menu and have it read into items, prices, categories, sizes and extras, so you are correcting a menu rather than typing one.

• Everything it produces is a suggestion. Nothing is written to your live menu until you review it and confirm.
• You must check the prices. A misread decimal point is an order taken at the wrong price, and once you confirm the import that price is yours. Prices outside a sane range are flagged rather than dropped, but the check is yours.
• Alcohol flags, dietary tags and allergen text produced by an import are suggestions and nothing more. Verify every one. Clause 11 applies in full to imported content, and clause 25 excludes our liability for it.
• The file you upload is sent to our AI provider to be read. Upload menus — not documents, not photographs of people. See the Privacy Policy.
• There is a generous daily cap per venue, because each import costs us money. It is far past what setting up a venue takes. If you reach it, contact us.
• Re-importing adds items; it does not replace what is there. Clear the old menu first if that is what you want.
• We do not warrant that an import is accurate or complete, and it is provided on the footing that you will check it.

13Alcohol and other restricted goods

• You may only list alcohol if you hold a current liquor licence for the venue, and you must record its number, state and expiry with us.
• You are responsible for the whole of your obligations as a licensee: responsible service, trading hours, intoxicated persons, signage, and verifying age in person at the point of handover.
• The age gate on the ordering page is not age verification. It hides alcoholic items until someone confirms they are over eighteen. It is an unverified self-declaration by an anonymous person on a phone. It does not discharge one of your obligations, and it is not evidence of anything.
• Alcohol is flagged per item, wherever it sits on your menu. Flagging is yours to get right — an affogato with liqueur is an alcoholic item even under "desserts".
• If your licence lapses or is suspended, stop selling alcohol through the page immediately and tell us.
• Do not sell through this platform: tobacco, vaping products, prescription or pharmacist-only medicines, weapons, or anything else whose sale is restricted or requires a licence you do not hold. The platform has no controls for them, and listing them breaches clause 18.

14Food safety and your other compliance obligations

These sit with you entirely, and nothing in the service reduces them:

• Food safety — the Food Standards Code and your state's food act, registration of your premises, food handling, temperature control, and the mandatory allergen declarations.
• Consumer law — accurate pricing, no misleading claims about your food or your business, and honouring the consumer guarantees.
• Tax — GST, income tax, and your record-keeping obligations.
• Employment — awards, wages, superannuation, and the treatment of tips.
• Accessibility and discrimination law in how you serve customers.
• Your own licences and permits, including outdoor dining and trading hours.

Keep your own records of your sales. Our data is not your accounting system, and clause 16 means the personal details on old orders are removed on a cycle.

15Insurance

You must hold and maintain the insurance a hospitality business in your position would reasonably hold — at minimum public liability and product liability cover appropriate to your turnover, plus any cover your lease, licence or local requirements impose. We may ask you to confirm it. We do not insure your business, your food, or a claim by one of your customers.

16Your customers' personal information

• Order data belongs to you and your customers. We hold it to run the service, and separately for our own purposes as described in our Privacy Policy.
• You have your own privacy obligations to your customers, and this agreement does not shift them to us. If the Privacy Act 1988 (Cth) applies to your business, comply with it; if it does not, handle the information as though it did.
• Use customer details only to fulfil orders and to run a programme the customer joined. Do not sell them, and do not add someone to a mailing list because they bought a coffee.
• Any marketing you send must satisfy the Spam Act 2003 — real consent, a working unsubscribe, and your identity on it. Ours is not the sending infrastructure for it.
• Tell us promptly if you become aware of a data breach involving information held through the service, so notification obligations that may fall on either of us can be met in time. We will do the same for you.
• We anonymise the personal details attached to old orders every night, on a twelve-month boundary, keeping the sale and dropping the person. The order, its items, its total and its GST all survive; the customer's name and email do not. Export anything you need for your own records before then.
• Do not put a customer's personal information into a field not meant for it — a menu item description, a docket footer, a venue name.

17Confidentiality

Each of us may learn things about the other that are not public: your takings, margins and supplier arrangements on one side; our systems, security arrangements and pricing structure on the other.

Neither of us will disclose the other's confidential information except to people who need it and are under a like obligation, or where the law compels it. This does not cover information that is already public, was already known, or is developed independently. It survives the end of this agreement. Neither of us is prevented from making truthful statements about our own experience of the other.

18Acceptable use

You must not:

• sell anything unlawful, or anything you are not licensed to sell;
• use the service for a business other than the venue it was approved for;
• misrepresent your prices, your business, or what is in the food;
• attempt to reach data belonging to another venue or another customer, probe or test our security without written permission, or work around a limit, cap or gate in the product;
• scrape, resell, sublicense, white-label or reverse engineer the service;
• upload malware, or anything infringing or unlawful;
• use the service to process a payment unrelated to an order at your venue, or to launder or disguise the source of funds;
• place false orders, including to inflate your own loyalty rewards, to test with real customer details, or to generate fake demand;
• use the service to harass anyone, including your own customers.

Responsible disclosure of a genuine security issue is welcome and will never be treated as a breach of this clause. Email us, give us a reasonable chance to fix it, and do not access anyone's data beyond what is needed to demonstrate the problem.

19The services we depend on

The service runs on providers we do not control — principally Stripe for payments, and our database, hosting and email providers. They are listed in the Privacy Policy.

Your use of Stripe is governed by your own agreement with Stripe, not by this one. We are not responsible for an act, omission, outage, hold or decision of a provider, though we will do what we reasonably can to help you resolve it. If a provider materially changes its terms or withdraws a service, we may need to change ours under clause 21.

20Availability, maintenance and support

• We aim for high availability. We do not guarantee uninterrupted service and there is no service level agreement. We would rather say that than promise a number we cannot hold to.
• We may perform maintenance, and will try to do it outside common trading hours and to give notice where a change is disruptive.
• An outage at one of the providers in clause 19 can stop orders regardless of anything we do.
• Have a fallback. If your ordering page is down, take orders the way you did before. Do not let your ability to trade depend entirely on us.
• Support is by email at hello@orderwithme.com.au, during Australian business hours, included at no charge. We aim to answer within one business day and do not promise it.
• Our responsibility for an outage is a refund of the fees for the affected period, subject to clause 24.

21Changes to the service

We improve the product continuously, and most changes are additions you will simply find one morning. We may also change, deprecate or remove a feature.

Where we remove or materially reduce a feature you are relying on, we will give at least 30 days' notice by email, except where a change is required urgently for security, or by law, or by a provider we depend on. If a removal materially disadvantages you, you may terminate under clause 22 at no cost.

Features marked beta or preview may change or disappear without that notice, and are provided without warranty. We will say plainly when something is beta.

22Suspension, and ending the agreement

• There is no minimum term and no exit fee. Stop whenever you like, from the dashboard or by telling us.
• We may end this agreement on 30 days' notice.
• Either of us may end it immediately if the other commits a material breach and does not fix it within 14 days of being asked to.
• We may suspend immediately — without the 14 days — for fraud, unlawful use, a serious breach of clause 18, a demand from Stripe, a regulator or a court, or a genuine and immediate security threat. A suspension will be no broader and no longer than the problem requires. Where we can safely tell you why, we will, and we will restore access as soon as the cause is resolved.
• Either of us may end it immediately if the other becomes insolvent, has a controller or administrator appointed, or ceases to carry on business.
• Export your data before you go. The dashboard exports your menu and your orders. On request within 30 days of closing we will provide a copy in a machine-readable form.
• After that we delete or anonymise your data, except what we must keep for tax and record-keeping law, what sits in backups until they expire, and the permanent decision log described in the Privacy Policy.
• Fees already incurred remain payable. Clauses 5 (unpaid amounts), 7, 11 (warranties), 16, 17, 23, 24, 25, 26, 29 and 30 survive.
• Your ordering page stops working when the agreement ends. Take the QR codes off the tables.

23Intellectual property

The software, the site, the OrderWithMe name and logo, and everything we have built remain ours. Nothing here transfers any of it to you. You get a non-exclusive, non-transferable right to use the service for your venue while this agreement is on foot.

If you think content on the platform infringes your rights, email hello@orderwithme.com.au with the work, where it appears, and enough detail for us to act. We will review it promptly, remove or disable material where the claim is substantiated, and tell the venue that posted it so they can respond. We may suspend a venue that infringes repeatedly.

If you send us feedback or an idea, we may use it without owing you anything. We mention this only so neither of us has to be careful about a good suggestion.

24Consumer guarantees

Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Any term that would do so is read down to the extent necessary.

If the ACL applies to our supply to you, and a guarantee is not met, then to the extent the law allows us to limit our liability, our liability is limited to resupplying the service or paying the cost of having it resupplied.

Otherwise, and to the extent permitted by law, the service is provided as is and we exclude all other warranties, express or implied.

25Liability

Subject to clause 24, and to the extent permitted by law:

• Neither of us is liable for indirect or consequential loss, and neither is liable for lost profits, lost revenue, lost goodwill, lost data, or the cost of substitute services — including orders not received during an outage, beyond the refund in clause 20.
• Our total liability for all claims connected with this agreement is limited to the fees you paid us in the twelve months before the claim arose.
• We are not liable for the quality or safety of your food, an incorrect allergen or dietary label, a sale of alcohol to a minor at your venue, your tax position, a dispute between you and a customer, an act or omission of Stripe or another provider, or anything arising from content you entered or confirmed — including content suggested by the AI import and confirmed by you.
• Our liability is reduced to the extent your own act, omission or breach caused or contributed to the loss.
• A claim must be brought within 12 months of the date the party became aware, or ought reasonably to have become aware, of the circumstances giving rise to it. This does not apply where the law forbids such a limit.
• Nothing in this clause limits liability for fraud, or for death or personal injury caused by negligence.

26Indemnity

You indemnify us against claims, losses and reasonable costs we actually incur arising from your breach of this agreement, your content, your food, or your compliance obligations under clauses 13, 14 and 16 — including a claim by one of your customers about an order.

That indemnity is reduced proportionately to the extent we caused or contributed to the loss, and it does not extend to a claim arising from our own breach, negligence or unlawful act. We will tell you promptly about any claim, will not settle it without your consent, and will let you conduct the defence if you wish.

27Unfair contract terms, and how to read this document

This is a standard-form contract, and most venues using it are small businesses. The unfair contract terms provisions of the ACL apply to it, and we would rather write terms that pass than terms a court has to strike out.

So, as a rule of construction that binds us:

• Any discretion we hold — to suspend, to vary, to remove a feature — must be exercised reasonably, proportionately and in good faith, and only for the purpose the clause exists to serve.
• Every right we have to change something material comes with notice and with your right to leave at no cost. Every right we have to suspend is limited to what the problem requires.
• If a term is found unfair it is void, and the rest of the agreement continues without it rather than failing.
• Nothing here prevents you from complaining to a regulator, or requires you to keep the existence of a dispute confidential.

If you think a term here is unfair, tell us. We would rather fix a clause than defend it.

28Changes to these terms

We may change these terms. For a material change we will give at least 30 days' notice by email to your account address, and the version and date at the top will change. Continuing to use the service after that means you accept the new version. If you do not, you may terminate before it takes effect at no cost.

A change never applies retrospectively to an order already placed. We keep previous versions and will provide one on request, so a change can be checked rather than taken on trust.

29Disputes and governing law

If something goes wrong, email us first. Most things are a misunderstanding a person can fix in a day, and neither of us wants a lawyer's letter about a $12 order.

If that does not resolve it within 14 days, both of us agree to attempt mediation in good faith, sharing the mediator's cost, before starting proceedings. Neither of us is prevented from seeking urgent injunctive relief, or from approaching a regulator or a small claims tribunal.

These terms are governed by the laws of New South Wales, Australia, and both of us submit to the non-exclusive jurisdiction of its courts. Nothing in this clause stops you bringing a claim in a small claims tribunal in your own state.

30General

• Notices to you go to your account email address; notices to us go to hello@orderwithme.com.au. Keep your address current — a notice to a dead mailbox still counts as given. You consent to receiving notices, invoices and disclosures electronically.
• Assignment. You may not assign this agreement without our consent, not to be unreasonably withheld. We may assign it to a purchaser of our business, on notice to you.
• Independent contractors. Nothing here creates a partnership, joint venture, employment or agency relationship, and neither of us can bind the other.
• Severability. If a clause is unenforceable it is severed and the rest stands.
• No waiver. Not enforcing something once does not waive it.
• Force majeure. Neither of us is liable for a failure caused by something genuinely beyond our reasonable control, but this does not excuse an obligation to pay money already owed.
• Entire agreement. These terms and the Privacy Policy are the whole agreement and replace anything said beforehand — except that nothing excludes liability for a misleading statement.
• Interpretation. Headings do not affect meaning; "including" does not limit; a reference to a statute includes it as amended.

31Who you are actually buying from

Your contract for the food is with the venue, not with us. We provide the page you order through. The venue takes your money, makes your food and is responsible for it.

So a question about your order, a refund, a mistake or a delay goes to the venue. A question about the page itself, your account or your data comes to us at hello@orderwithme.com.au.

32Prices, payment and your receipt

• Prices are set by the venue and shown including GST. Any service fee or surcharge is shown before you pay.
• A tip is entirely voluntary. Every cent of it goes to the venue.
• Payment is taken by Stripe on the venue's behalf, on Stripe's own checkout page. Your card details never pass through us.
• Your order is placed when payment succeeds and the venue receives it. Putting items in a cart is not an order.
• You get a receipt, or a tax invoice where the venue has an ABN, sent from orders@orderwithme.com.au on the venue's behalf.
• A venue can decline or cancel an order — the kitchen is closing, something has run out, or another honest reason. If it does so after payment, it must refund you.
• If a price is obviously wrong — a $2 steak — the venue may cancel and refund rather than honour it.

33Collection, pickup times and no-shows

Where a venue offers a pickup time, it is an estimate rather than a guarantee. Kitchens run late.

Collect your order in a reasonable time. Food left uncollected may be discarded for safety reasons, and whether you are refunded is the venue's decision. If you cannot collect, tell the venue as early as you can — before it is made is a very different conversation from an hour afterwards.

34Mistakes, changes and refunds

If your order is wrong, tell the venue — at the counter is usually fastest. Refunds are the venue's to give, under the venue's policy and your rights under the Australian Consumer Law.

Once an order is placed it cannot be edited from your phone; the kitchen may already have started it. Ask the venue.

35Your rights as a consumer

The Australian Consumer Law gives you guarantees that no term on this page can take away. Food must be of acceptable quality, fit for purpose, and match its description. If it is not, you are entitled to a remedy from the venue, and for a major failure you may choose a refund.

Those rights are against the venue, because the venue sold you the food. If you cannot get anywhere with them, your state or territory consumer affairs office can help, and you are free to complain to a regulator at any time.

36Alcohol and age

It is against the law to buy alcohol if you are under 18, or to buy it for someone who is.

Confirming you are over 18 on the ordering page only reveals the alcoholic items. It does not entitle you to be served. The venue must check your ID in person when handing it over, and can refuse service — including to someone already intoxicated — regardless of what you paid for. A refusal on those grounds is the venue's legal obligation, not a fault in the service.

37Allergies and dietary information

Dietary tags and allergen notes are entered by the venue. We display them; we do not check them and we cannot verify them.

If you have a serious allergy, speak to the venue directly before ordering. A note typed into a phone is read by a busy kitchen and is not a substitute for telling someone. Neither we nor the venue can guarantee an absence of cross contamination.

38Accounts, tabs and rewards

• You do not need an account to order. Signing in is how you claim a member price or a reward, not how you are allowed to eat.
• Keep your password to yourself. You are responsible for what is ordered through your account.
• A shared tab is a shared bill. If you open or join one, everyone on it can see the orders on it, and the whole tab is settled together. Only the venue can close it. Do not join a tab you are not willing to be associated with.
• A venue's loyalty programme is the venue's, on the venue's terms. Rewards have no cash value, are not transferable, and are worked out from your paid orders — so a cancelled order takes back the progress it gave.
• You can close your account or ask to be removed at any time. See the Privacy Policy.

39Using it reasonably

Do not place orders you do not intend to collect, attempt to reach anyone else's account or order, interfere with the service, or use it to harass venue staff. We may block an account that does.

To the extent permitted by law, and without affecting your Australian Consumer Law rights or clause 35, our own liability to you as a customer is limited to the amount you paid on the order in question.

40The words that carry weight