Our terms of use

Below are our terms of use. Our terms are the basis upon which we provide services through our website application and related software (website). Our terms are designed to ensure that you understand your rights and obligations when you access, navigate and/or use our website located at www.linkpos.com.au.

You will be considered a customer of ours, if you access, view or use our website application and/or our services. In these terms, we will refer to the user, as you and/or customer.

By using our website, you agree to follow all of our terms of use. Also, by using our website, you warrant that:

· you are at least 18 years old;

· you are legally capable of entering into a binding contract with us; and

· all information you provide to us is truthful, accurate and complete.

About us

1.1 Link Group Pty Ltd (ABN 81 615 082 534) offers customers an interactive mobile menu containing food, beverage and merchandise products from third party restaurants and other venues (venues).

1.2 By using our QR code or tapping the NFC chip located at participating venues or by visiting the links located on a venue’s website, a customer will be directed to our website where they can access details of the products available at the venue.

1.3 On our website, the customer will be able to buy products, by placing orders from the menu and selecting a payment method. The venue is the provider of the menu items ordered on our website and any dispute about products or services you order is between you and the venue.

Use of services & website

2.1 To allow you to access, use and navigate our website, we will provide you with a limited, non-exclusive, non-assignable, non-transferable licence to access and use the website solely for your own personal, non-commercial purposes. However, the licence we grant you is subject to you following these terms and following the law, at all times. If you do not follow these terms and/or the law, then we will have a right to end your licence, immediately.

2.2 To use our website, you understand that you may be required to provide us with information that may personally identify you and you acknowledge that we may collect details of your physical location. All information we collect from you regarding your location will be dealt with in accordance with our privacy policy. By agreeing to these terms, you will also be considered to have agreed to the terms of our privacy policy, available at ….

2.3 You may be able to us some areas of our website without registering your details with us. However, if you wish to have an account with us, then you must be at least 18 years of age and you must not have previously been barred from obtaining an account with us. Account registration requires you to submit to us your full legal name and mobile telephone number. All personal information you provide through our website will be collected, handled and used in accordance with our privacy policy. To set up an account with us, you will also be required to provide at least one valid payment method which we support. You agree to keep your account details accurate and complete. You will not be able to use our website if you have an invalid or expired payment method on file or are in arrears with your payment for any of our services. You are responsible for any activity that occurs through your account and you will not sell, transfer, license or assign your account to anyone else. You agree that you will not create an account for another person and will not possess more than one account, unless we allow you. If you have an account with us, we may share your username with other users of the website who are or appear to be at the same table as you at a venue.

2.4 We may use the details of your mobile or other electronic device, to send you text, electronic and/or other messages to provide you with details of your order. By inputting your details on our website, you will be taken to agree and consent to us sending you electronic messages to your electronic devices. We will only send you messages related to your order and, if you opt in, we may send you direct marketing communications and information about services that we consider may be of interest to you, in the future. At any time, you will be offered the choice to unsubscribe from receiving direct marketing communications and information.

2.5 You will only be entitled to any order you have placed on our website, after you have paid, in full, for your order on our website, using any of the payment methods which we offer to customers. If you do not pay for your order in full and/or you have selected a method of payment, which fails for any reason, then you will not receive the order you placed on our website.

2.6 If you wish to buy any products available on our website (for example, alcoholic beverages), the sale of which may be limited by age and/or other requirements, then you agree that you meet all legal requirements for the purchase of the product. You are warranting to us that you meet all legal requirements to place any orders for products which may have restrictions or limits placed on sale.

2.7 By agreeing to these terms, you will be taken to understand that it is the responsibility of the venue to follow all legal requirements in relation to the consumption of restricted goods (for example, the serving of alcohol), ensuring the venue holds all required licences (for example, liquor licences) and ensuring that the person who consumes the product meets all legal conditions for its consumption. You agree and understand, that we are not responsible for the illegal consumption of products and/or the supply of any products contrary to law.

2.8 We do not provide any warranty or guarantee to you that products will be delivered or available for collection from the venue within a given time period or that the products will be of a particular quality. Product quality and delivery time frames will vary depending on availability and other factors, within or beyond the control of Link and/or the venue.

2.9 We offer no warranty or guarantee that any of the information shown on our website including all details, photographs, ingredients and/or explanations of a product or the menu for a venue are correct or accurate and we are not responsible or liable in any way, for any inaccuracies or misrepresentations for products available online.

2.10 We act only as an intermediary between a customer and the venue. We are a payment collecting agent. We are not responsible or liable in any way if a venue does not stock or make the products available or refuses to accept your order We are also not responsible or liable, if it turns out that a product is not consistent with the description provided and/or there is limited stock of a product.

3 Orders & payment

3.1 We will not place an order with a venue, until your payment has been authorized and your order paid for in full. All payments (including any additional charges and tips) you pay are final and non-refundable, unless we determine otherwise. Once you have placed an order on our website, you cannot cancel the order. You must pay for all menu items you order on our website, even if you leave the venue before you receive the order or even if the order does not arrive.

3.2 You agree to pay for any product you order from a venue according to these payment terms and that you will pay the full price for the product, shown on our website. If you do not pay the full price for the product, then you will not be entitled to the product (in part or in full).

3.3 We warrant and guarantee to you that we have been given the right, by the venue, to collect payments for products that you order using our website. Once you have paid for a product, in full, using our website, you will not be required to pay the venue anything for the product you have ordered on our website.

3.4 All prices which appear on our website are inclusive of all applicable taxes, where required by law. All prices shown on our website are displayed as inclusive of the goods and services tax and/or any other applicable value added or similar taxes.

3.5 You acknowledge that the price or availability of a product as shown on our website may not match the price of the product, as advertised at the venue. Prices may differ from user to user (for example, where one user receives a venue loyalty discount) and may be time based (for example, during “happy hour”). By using our website, you accept that such differences in pricing may exist, and acknowledge and agree that no compensation or refund will be offered to you for any such price differences.

3.6 You acknowledge that we use third party payment processors including, without limitation, Stripe, Braintree, Square, Paypal, Hyperwallet, Apple Pay and Google Pay. In addition to the price of a product, you may be required to pay additional fees and charges which the processors impose for the processing of a payment.

3.7 When you pay for products using your credit card and/or a third party payment processor, the processing of your payment will also be covered by the terms, conditions and privacy policies of those entities, in addition to our terms. It should be possible for you to access the terms and conditions and privacy policies on the websites of those entities. We will not be responsible or liable in any way for any errors or malfunctions resulting from your use of a credit card and/or payment processor.

3.8 By using our website, you are guaranteeing to us that you are the permitted user of any payment method that you use and you acknowledge that we are not responsible or liable for any illegal or unauthorised use of any payment method.

3.9 A venue may reject or refuse an order placed by a customer, at its discretion. If a venue cancels or rejects your order, then you will receive a refund in accordance with the venue’s refund policy, but not otherwise.

3.10 We use …. payment services to deliver payments to you. Such payment services are subject to the … Terms of Service and the … Privacy Policy.

4 Venue promotional codes

4.1 A venue may provide you with promotional codes offering discounts, bonus offers or other incentives for you to use on our website. We agree to allow you to use valid venue promotional codes on the terms and conditions of the venue and also the following conditions:

(a) venue promotional codes cannot be redeemed for cash, can only be used on one transaction and must be used before their end date; and

(b) we and the venue will retain the right to cancel, withhold use, suspend or vary the terms of use of venue promotional codes and any discount or benefit associated with the code, at any time, at our discretion.

5 Access & content

5.1 We will make all efforts to ensure that the information on the menus of venues and products available on our website are correct and accurate. However, we do not guarantee that any of the information on our website will be complete, adequate, error-free and/or up to date.

5.2 You acknowledge and accept that our website may, from time to time, contain inaccurate details, technical inaccuracies and typographical errors. You acknowledge and accept that our services and our website, may change at any time without notice to you and that the content of our website may not necessarily be accurate and/or up to date at the time you view it.

5.3 You should contact us directly if you are unsure whether any material or information on our website that you seek to rely on is accurate and current. We disclaim all responsibility and liability for any direct or indirect loss or damage arising from your use or reliance on our services and/or our website to the full extent allowed by law.

5.4 Unless we allow you to do so, you agree not to attempt to change, add to, remove, deface, hack or otherwise interfere with the services and/or the website or any material or content displayed on the services or the website.

5.5 You warrant and agree that you will not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice.

5.6 We do not warrant or guarantee that your access to our website and/or our services will be uninterrupted or that services and/or our website will be free from viruses or any other malware which may damage any of your electronic devices and/or data as a result of using or accessing the services or the website.

5.7 You agree that we may carry out maintenance of our website at any time and that this maintenance may interrupt your access to our website.

5.8 We may end your access to our website at our sole discretion if we believe you have not been following these terms. If we believe that you have not been following these terms, then we will inform you of the breach and ways in which you can remedy it.

6 Intellectual property rights

6.1 All intellectual property rights (including, without limitation, brand names, logos, layouts, trademarks, service marks, trade names, designs, copyright and/or domain names) are reserved and are exclusively owned by us and/or the venues whose products are shown on our website. You are not allowed to use our or the venue’s intellectual property for any commercial purpose without first obtaining our written permission.

6.2 You agree not to copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast and/or circulate any of our intellectual property for any commercial purpose to any third party in whole or in part without first obtaining our permission.

6.3 You cannot use any of the intellectual property on our website in a manner which is likely to cause confusion or mislead customers without first obtaining our written permission of and/or the permission of the venues.

6.4 You acknowledge that if you do copy, imitate, reproduce, screen shot, post, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property, we will suffer loss and damage and you agree to indemnify us for any such loss and damage.

6.5 We do not grant any licence or right in or assign all or part of the rights in our intellectual property to you.

6.6 Our website may contain links to other websites operated, controlled or produced by third parties including our partners. We do not not control, endorse, sponsor or approve of any third party website or its content and does not provide any warranty or accept any responsibility whatsoever for your access and use of third party websites. We recommend that you check the privacy policy and terms and conditions of all websites before using those websites.

6.7 You warrant that you will not infringe our intellectual property rights or those of any third party by using our website.

7 Exclusion of liability

7.1 We exclude all liability to you, to the maximum extent allowed by law. This includes any liability relating in any way to any material and/or the use of our website or the availability of our website or any of its content. We disclaim responsibility for loss or damage of any kind arising out of or in connection with our website content and your use or performance of the website and services to the maximum extent allowed by law. Our exclusion of liability includes, without limitation, any loss or damage resulting from:

(a) the quality of the food, beverage or service provided by a venue;

(b) consumption of alcohol by minors;

(c) your consumption of any product that may result in an allergic reaction or other illness;

(d) any failure of the venue to meet your dietary requirements, even where you have advised the venue, on our website or otherwise, of those requirements;

(e) any injury you suffer at the venue; and/or

(f) any representation of the ingredients of a product.

7.2 You agree that your use of our website is at your own risk and you accept and agree that you will not hold us liable for any loss or damage that you or any third party may suffer as a result of your use of our website, and that you will indemnify us for any such loss or damage we may suffer as a result of claims brought against us by any party as a result of your use of our website.

7.3 The products and services we provide to you may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms of use modify or exclude Australian Consumer Law and other laws which cannot be modified or excluded.

7.4 We assume no responsibility and should not be liable for any damage to or viruses that may infect your electronic devices or other property on account of your access to, use of our website or your downloading of information from our website.

7.5 On occasion, our website may be temporarily unavailable for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. We are not responsible for any technical malfunctions and/or other problems related to or resulting from using our website and/or materials in connection with our website and/or in connection with any products or services offered on our website. We are not liable for any loss or damage you suffer as a result of the provision, or lack thereof, of products and/or services by a venue. We may discontinue or alter the products and services we offer, remove content from our website or limit our website’s availability, without notice.

7.6 To the maximum extent allowed by law, in all instances involving liability, you agree that our aggregate liability shall not exceed the total price of your order.

8 Indemnification

8.1 To the maximum extent allowed by law, you agree to release us from all liability and obligations whatsoever in connection with or arising from your use of our website. You agree to defend, indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses or expenses, including, without limitation, legal fees and costs and expenses, arising out of or in any way connected with:

(a) your access to or use of our website;

(b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these terms;

(c) infringement or misappropriation of any of our intellectual property or other rights of our or third parties by you; or

(d) any negligence or wilful misconduct by you.

9 Severability

9.1 If any term of these terms of use is unlawful or unenforceable, then it will not apply to you. The rest of these terms of use will continue to apply to you.

9.2 If the law requires us to include any extra terms in these terms of use, then those extra terms will be taken to be included in our terms of use from the date the law first requires those terms to be included.

10 Assignment

10.1 We are allowed to assign, transfer and/or subcontract our rights and/or obligations under these terms without any notification and/or obtaining your consent.

10.2 You are not allowed to assign, transfer and/or subcontract any of your rights and/or obligations under these terms of use.

11 Breach of terms

11.1 You agree that we are not responsible for any loss or damage you suffer or costs you have to pay because you have not followed our terms of use.

11.2 You agree to pay us for all costs we have to pay if you do not follow these terms of use.

11.3 You may be banned from buying our products and/or using our website, if you do not follow these terms of use.

12 International use

12.1 If you are using our website from a country other than Australia, you are responsible for following that country’s laws relating to the access and use of our website.

12.2 Some of our terms of use may not apply to you in certain countries. If this is the case, then those terms will be ignored in that country. However, all other terms will still apply to you.

13 Privacy policy

13.1 In our dealings with you, we will follow the terms of our privacy policy. By using our website or otherwise dealing with us, you will be taken to agree to our terms of use and privacy policy located at https://www.linkpos.com.au/privacy-policy.

13.2 If you do not agree to our privacy policy, then you must stop using our website.

14 Changing terms of use

14.1 We have the right to vary our terms of use, as we wish. Our terms of use may change, at any time and/or from time to time, to ensure that we meet our legal obligations or otherwise.

14.2 You are responsible for monitoring this page of our website to make yourself aware of any changes to our terms. We may, but are not required to, inform you of our changed terms of use by email.

14.3 You agree to be bound by our new terms of use immediately, upon these being updated on our website.

14.4 Your use of our website, products and/or services indicate your agreement to any new terms of use, posted on our website from time to time.

15 Entire agreement

15.1 Subject to any contract we may have with you which states something different, you agree that these terms of use and our privacy policy include everything that applies to the relationship between you and us. No other warranties, brochures, promotional and/or other material form part of the arrangement between you and us.

15.2 If the law provides us with greater protection from liability than these terms of use, then we will be given the benefit of the greater protection offered by law.

16 Uncontrollable events

16.1 You agree that we are not responsible for not performing our obligations or any delays in performing our obligations due to reasons out of our control including, without limitation, riots, terrorism, pandemics, lockdowns and/or natural disasters.

17 Dispute resolution

17.1 We may, at any time, take legal action against you for any unauthorized, illegal or inappropriate use of our website.

17.2 If a dispute between you and us arises, you agree to use your best efforts to resolve that dispute with us without resorting to Court or Tribunal action of any sort.

17.3 If the dispute cannot be resolved within 10 business days of us trying to solve the issue with you, a mediator may be appointed to resolve the dispute. Mediation will be conducted by an independent mediator appointed by us and you agreeing or, if no agreement is reached within 5 business days, a person appointed by the President of the Institute of Arbitrators and Mediators, Australia. You will be solely responsible for all of the costs of mediation.

18 Governing law & jurisdiction

18.1 These terms of use are governed by the laws of the State of New South Wales, Australia.

18.2 You agree to be bound by the Courts and Tribunals of the State of New South Wales, Australia.

19 Enquiries

19.1 All enquiries may be directed to …