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CUSTOMER TERMS & CONDITIONS
These Terms and Conditions (Terms) are between xGPrinter Pty Ltd t/a YQME (ACN 145 598 250), its successors and assignees (YQme) and you, the person, organisation or entity (referred to as "you" or "your") that accesses or uses any website including but not limited to www.yqme.com.au (Site) and/or mobile application (Applications) owned or operated by YQme on any computer, mobile, phone, tablet, console or other device (Device).
1. Acceptance of Terms
(a) These Terms govern the food ordering service and payment platform (Services) we provide to you through the Site and Application. You acknowledge you have read, understand and agree to be bound by these Terms by (i) accessing or using the Site or (ii) accessing, using, downloading or installing this Application. If you do not agree to these Terms you should uninstall and/or cease to access and use the Site and Application immediately.
(b) Your use of the Site, Application and Services indicates that:
(i) You have had sufficient opportunity to access these Terms and contact YQme;
(ii) You have read, accepted and will comply with these Terms;
(iii) You have legal capacity to enter into a contract for sale; and
(iv) You are 18 years or older.
If this is not correct, or if you do not agree to these Terms, you should not click to accept these Terms or use the Site, Application or Services.
(c) These Terms may be amended from time to time, without prior notice. Use of the Services following any such amendments will be deemed as confirmation that you accept such amendments. YQme recommends that you check the current Terms, before continuing use of the Site, Application or Services. YQme’s agents, employees and third parties do not have authority to change these Terms.
(d) These Terms supplement and incorporate:
(i) the YQme policies and terms and conditions, posted on the Site and the Privacy Policy posted on the Site and Application (YQme Policies);
(ii) the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein (Apple Terms); and
(iii) the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms).
If any of the provisions of the Apple Terms, the Android Terms or any applicable YQme Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the Site and Application.
(e) YQme’s Privacy Policy sets out how YQme collects, uses and protects your personal information. .
(f) Using the Site, Application and Services may be prohibited or restricted in certain countries. If you use the Site and Application outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the Application.
2. Services
(a) The Site and Application allow individuals (Customers) to browse the menus of local restaurants, cafes and food vendors (Vendors) and place an order with a selected Vendor (Order) for food and/or drink (Consumable).
(b) An Order can be picked up at the Vendor’s place of business (Vendor Address) or delivered to a chosen address (Delivery Address) within an available timeframe displayed on the Site or Application. Once placed, the Order may be viewed by the Vendor, who will use equipment provided by YQme to view and manage the Order. Unless the Vendor contacts the Customer to advise otherwise, the Vendor will prepare the Consumable and if requested by the Customer as part of the Order, deliver the Consumable to the Delivery Address (Delivery).
(c) A Vendor may accept or reject an Order at its discretion. Some Vendors may have limited availability of Consumable. YQme cannot guarantee that an Order will be accepted by a Vendor or that the Consumable requested by a Customer will be available.
(d) It is the Customer’s responsibility to check the details of the Order, including the Consumable and price, before it places the Order.
(e) A binding agreement in respect of the Order comes into existence at the time that the Vendor receives the Order via their software or printer. The Customer will be informed via the Application if the Order is not successfully received by the Vendor or by the Vendor directly if the Vendor receives the Order but is unable to process the Order.
(f) YQme agrees to perform the Services with due care and skill.
(g) YQme reserves the right to refuse to process any Order that it deems inappropriate, unreasonable or illegal.
(h) You understand and agree that the Site and Application is an online consumer food and beverage ordering platform only, and that YQme’s responsibilities are limited to facilitating the availability of the Site, Application and the Services.
(i) YQme is not a party to any agreement entered into between a Customer and a Vendor. YQme is not a referrer or agent, and provides no such related services. YQme has no control over the conduct of Customers, Vendors and any other users of the Site, Application and the Services. YQme disclaims all liability in this regard, as set out in these Terms.
(j) Any arrangement between a Customer and a Vendor is solely between the Customer and Vendor. It is strictly and expressly not part of your agreement with YQme.
3. Registration
(a) Access to some Services will require you to register for an account (Account) to be a Customer.
(b) If you have an Account, you may purchase credit as set out on the Site (Credit) to redeem against the cost of your Order.
(c) By creating an Account, you agree that YQme may send you information and updates via email and/or text message (Updates). You may unsubscribe from receiving Updates from YQme using the contact details set out below. You acknowledge that unsubscribing from receiving Updates may impact your use of the Site, Application and Services.
(d) Basic information is required when registering for an Account. Each Customer is required to provide certain information including name, email address and password.
(e) You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. YQme reserves the right to suspend or terminate any Account and a Customer’s access to the Site and Application if any information provided to YQme proves to be inaccurate, not current or incomplete.
(f) It is your responsibility to keep Account details and password confidential. You are liable for all activity on your Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will change your password regularly.
(g) You will immediately notify YQme of any unauthorised use of your Account.
4. Payment
(a) There is no cost for using the Site or Application.
(b) You will be required to pay the cost of your Order plus any applicable taxes and delivery fee (Fees). All amounts are stated in Australian dollars.
(c) You will be required to make payment for the Fees or Credit by way of credit card or other payment methods as set out on the Site and Application when making an Order or purchasing Credit, as applicable. If you make payment by credit card, payment will be processed when you submit your Order or submit a request for Credit. You must not pay, or attempt to pay, through any fraudulent or unlawful means. If your payment is not able to be successfully processed, then your Order may be cancelled.
(d) In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your Order or seek a refund for the Credit for any reason and further you agree to satisfy all such payments made, with exception to action taken under the Refund Policy set out below.
(e) If you make a payment by credit card, you warrant that the information you provide to YQme is true and complete, that you are authorised to use the credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.
(f) YQme’s pricing structure or payment methods may be amended from time to time at YQme’s sole discretion.
5. Copyright and Intellectual Property
(g) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layout (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not, including but not limited to copyright which subsists in any creative and literary works displayed on the Site, Application and Services, the layout, appearance and look of the Site and Application, (collectively Intellectual Property) together with any application for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site and/or Application is owned, controlled or licensed to YQme (or its affiliates and/or third party licensors as applicable).
(h) Our Site and Application contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout, appearance and look of the Site and Application. YQme, the YQme logo, and other YQme material used in connection with the Site and Application are unregistered or registered trademarks of YQme (collectively YQme Marks).
(i) You agree that, as between you and YQme, YQme owns all Intellectual Property rights in the Site and Application, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed on the Site and Application. The Site and Application is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by YQme or the owner of the Content. Other trademarks, service marks, graphics and logos used in connection with the Site, Application or Services are the trademarks of their respective owners (collectively Third Party Marks).
(j) The Intellectual Property, YQme Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of YQme or the applicable trademark holder.
(k) You do not obtain any interest or licence in the Intellectual Property, YQme Marks or Third Party Marks without the prior written permission of YQme or the applicable trademark holder. You may not do anything which interferes with or breaches the Intellectual Property rights.
6. User Licence
(a) Subject to these Terms, YQme grants you a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Application for your own personal and/or non-commercial use only on a Device owned or controlled by you as permitted in accordance with these Terms (User Licence), and not to use the Site and Application in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without YQme’s prior written consent.
(b) The right to use the Site and Application is licensed to you and is not being sold to you. You have no rights in the Site and Application other than to use it in accordance with these Terms.
(c) These Terms and User Licence govern any updates to, or supplements or replacements for, this Site or Application, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
7. User Warranties
(a) By using the Site and Application, you warrant that you possess the legal capability and authority to enter into the Terms and to use the Site, Application and Services in accordance with the Terms; you are at least 18 years old; any registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and your use of the Site, Application and Services do not violate any applicable law or regulation.
8. As a condition of your use of the Site, Application and Services, you agree to abide by the Terms; not to provide the Site and Application to any third party; that YQme has the right to refuse you any and all current or future use of the Site and Application and that YQme reserves the right to include or exclude entry to, or remove you from the Site and Application. User Information and Security
(a) The Site and Application may require the transmission of information provided by you including User names and passwords, addresses, e-mail addresses and financial information (such as credit card numbers) (User Information).
(b) If you use such Site or Application functionality, you consent to the transmission of User Information to YQme, its agents and/or service providers and authorises YQme, its agents and/or service providers to record, process and store such User Information as necessary for the Site and Application functionality and for purposes described in our Privacy Policy. Our Privacy Policy is available to view at www.yqme.com.au/Site/Privacy.
(c) User Information is stored securely. If YQme is aware of a breach of security, YQme will notify affected users and will cooperate with authorities regarding the breach.
(d) You are solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for the purposes of the Site, Application and Services, for all transactions and other activities in the your name, whether authorised or unauthorised.
(e) You agree to immediately notify YQme of any unauthorized transactions or breach of security associated with the Site or Application. YQme is not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Site or Application.
9. Prohibited Use
Your use of the Site, Application, Services and any Content and User Information transmitted in connection with the Site, Application and Services is limited to the contemplated functionality. You agree that your use of the Site, Application, Services and any Content must comply with these Terms and the YQme Policies. In connection with your use and/or access of the Site or the Application, you must not and agree that you will not:
(a) violate these Terms;
(b) harass, abuse, stalk, threaten, defame or otherwise interfere, infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
(c) commit any unlawful, fraudulent or deceptive act;
(d) use technology or other means to access the Application, Site or Content that is not authorized by us;
(e) use or launch any automated system, including without limitation, robots, spiders, or offline readers, to access the Application, Site or Content;
(f) attempt to or tamper with, hinder or modify the Site or Application, attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damage or interfere with the Site or Application including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site or Application;
(g) attempt to gain unauthorised access to our computer network or user accounts;
(h) encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; attempt to damage, disable, overburden, or impair our servers or networks;
(i) fail to comply with applicable third party Terms; or
(j) facilitate or assist another person to do any of the above acts.
(k) post, upload, publish, submit or transmit any Content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;
(ii) is fraudulent, false, misleading or deceptive;
(iii) requests money from, or is intended to otherwise defraud other users of the Site, Application and Services;
(iv) denigrates YQme or the Site or Application;
(v) transmits junk mail, chain letter, spam mail, spimming, phishing, trolling or other unauthorised mass transmission.
(vi) contains videos, photographs or media content of another person without his or her permission (or if such person is a minor, without the consent of the minor’s legal guardian);
(vii) is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(viii) is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or
(ix) promotes illegal or harmful activities or substances.
(l) print, publish, modify, link to or distribute any Content from the Site or Application or any other documentation that we provide to you, unless we have authorised you in writing;
(m) breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from the Site or Application; alter or modify any of the code or the material on the Site or Application;
(n) cause any of the Site or Application to be framed or embedded in another website;
(o) use the Site or Application for commercial purposes;
(p) collect or harvest any personally identifiable information, including phone number, from the Site or Application, nor to use the communication systems provided by the Site or Application for any commercial solicitation or spam purposes;
(q) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Site or Application; or
(r) facilitate or assist another person to do any of the above acts.
Any use of the Site or Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Site or Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Site or Application (Content) is prohibited.
YQme reserves the right, in its sole discretion, to terminate any User Licence, remove Content or assert legal action with respect to Content or use of the Site or Application, that YQme reasonably believes is or might be in violation of these Terms or YQme Policies. YQme’s failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
Upon termination of the Terms, YQme have no further obligation to you, and may cease to provide the Site or Application to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.
10. Cancellation of Registration
(a) If you wish to cancel your registration, you must to do so by contacting YQme using the contact details below. You can also deactivate your Account at any time via the Site or Application.
11. Refund Policy
(a) Any cancellation or refund of an Order, or any complaints about the quality of any Consumable received by the Customer is strictly a matter between the Customer and the Vendor. If you make payment for the Order using Credit or credit card and the Vendor agrees to provide a refund, the Vendor can refund via the Site or App.
12. Consumer Guarantee
(a) Our Site, Application and Services comes with consumer guarantees under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) that cannot be excluded, restricted or modified. Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
(b) Certain legislation, including the ACL, may imply warranties or conditions or impose obligations on YQme which cannot be excluded, restricted or modified except to a limited extent.
13. Disclaimers
(a) YQme provides the Site and Application to you as is, and you are using the Site and Application at your own risk.
(b) To the fullest extent allowable under applicable law, YQme disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, Application or Services is merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Site, Application or Services by you is in compliance with laws applicable to you or your User Information transmitted in connection with the Site, Application or Services (including as part of online payment) will be successfully, accurately or securely transmitted.
(c) YQme make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Content and information in the Site, Application, Services technical accessibility, fitness or flawlessness of the Site or Application, or that your use of the Site or Application will not infringe rights of third parties.
14. Limitation of Liability
(a) As a condition of using the Site and Application, and in consideration of the Site or Application provided by YQme, YQme excludes and you agree to the fullest extent allowable under applicable law, in no event shall YQme and its parent or related bodies corporate (i) be liable to you or any third party with respect to use of the Site and Application, including without limitation participation in online payment; and (ii) be liable to you or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of User Information, the inability to use the Site and Application or Device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
(i) the use of the Site or Application by you, including but not limited to damages resulting from or arising from your reliance on the Site or Application, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the Application;
(ii) any unauthorised access to or use of our secure servers and /or any personal information or financial information stored therein;
(iii) any errors or omissions in any Content posted, emailed, transmitted or otherwise made available or any offensive, defamatory or illegal Content;
(iv) the disclosure of any of your information;
(v) the breach, or alleged breach, of any warranty, express or implied, relating to these Terms or any transaction; or
(vi) government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
To the fullest extent allowable under applicable law, your sole remedy is to cease use of the Site or Application or to cease participation in online payment.
(b) To the fullest extent permitted by law, YQme’s total liability arising out of or in connection with the Site, the Application, the Services or these Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to YQme in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(c) The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of YQme.
15. Indemnification
(a) You agree to defend and indemnify and hold YQme (and YQme’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the Services; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.
(b) YQme reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and your use of the Site, Application or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by YQme without restriction.
16. General
(a) Accuracy: While YQme will endeavour to keep the information up to date and correct, YQme makes no representations, warranties or guarantees, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or Application for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and YQme expressly excludes any liability for such to the fullest extent permitted by law.
(b) Termination: The Terms are effective until terminated by YQme, which it may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
(c) Fraudulent Activities: You acknowledge and agree that, in the event YQme reasonably suspects that there are fraudulent activities occurring within the Site, Application and Services, YQme reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
(d) Force Majeure: YQme will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
(e) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
(f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by YQme of any of the Terms shall be effective unless YQme expressly states that it is a waiver and YQme communicates it to you in writing.
(g) Disputes: You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with YQme, prior to resorting to any external dispute resolution process. Please notify YQme in writing of any dispute you may have.
(h) Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without YQme’s prior written consent.
(i) Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
(j) Governing Law and Jurisdiction: This Site, Application and these Terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
(k) Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
For any questions or notice, please contact us at:
xGPrinter Pty Ltd t/a YQME (ACN 145 598 250)
PO Box 956
Manly NSW 1655
Email: support@yqme.com.au
Last update: 12 October 2018