Terms of Service

1. Who we are

The Service is provided by Yade Pty Ltd (ABN 20 669 515 940), trading as CloudOrders (CloudOrders, we, us or our). CloudOrders is an international hospitality technology brand; our head office and primary operations are in Queensland, Australia. You can reach us at support@cloudorders.co.

2. Acceptance of these Terms

By registering for, accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a business, you confirm that you are authorised to bind that business, and you refers to that business.

3. Eligibility and your account

• You must be at least 18 years old and operating a lawful business to use the Service.
• You are responsible for the accuracy of the information you provide and for keeping it up to date.
• You are responsible for all activity under your account, and for keeping your login credentials, staff PINs and devices secure.
• You must notify us promptly at support@cloudorders.co of any unauthorised use of your account.

4. The Service

CloudOrders provides a cloud-based platform that may include point-of-sale registers, kitchen display and order management, online ordering, QR and table ordering, bookings, loyalty and marketing tools, reporting, integrated EFTPOS and online payment facilitation, and related features. The specific features available to you depend on your plan and configuration. We may add, change or remove features from time to time.

5. Plans, fees and billing

• Current plans and pricing are described on our Pricing page. Paid subscription fees are billed in advance on a recurring basis unless stated otherwise.
• Card processing and EFTPOS rates shown on our website are indicative and are confirmed with you at sign-up based on your card mix and transaction volume.
• Unless required by law or expressly stated, fees are non-refundable. You can change or cancel your plan in accordance with the process we make available; there are no lock-in contracts on our standard plans.
• All fees are in Australian dollars and exclusive of GST unless stated otherwise. We may change our fees on reasonable notice.

6. Payments and EFTPOS

Payment processing is provided by third-party payment providers, including Stripe (for online payments) and our integrated EFTPOS provider (for in-person card payments). Those services are subject to the payment provider's own terms and, where applicable, you may be required to accept them. CloudOrders facilitates payments and passes settlement through these providers; CloudOrders does not store full card numbers. You are the merchant of record for sales you make to your customers, and you are responsible for your own tax, refund and consumer-law obligations to those customers.

7. Your responsibilities and acceptable use

You agree to use the Service only for lawful business purposes and not to:

• break any law, infringe anyone's rights, or use the Service to sell prohibited goods or services;
• attempt to gain unauthorised access to, disrupt, or reverse engineer the Service;
• upload malicious code or misuse the Service in a way that could harm CloudOrders, other users or the public;
• resell or provide the Service to third parties except as expressly permitted.

8. Your data and your customers' data

You retain ownership of the data you and your staff enter into the Service, including menus, orders and information about your own customers (Your Data). You grant CloudOrders a licence to host, process and use Your Data as reasonably necessary to provide, secure and improve the Service. As between you and your customers, you are responsible for handling your customers' personal information in accordance with applicable privacy law. Our handling of personal information is described in our Privacy Policy.

9. Intellectual property

CloudOrders and its licensors own all intellectual property rights in the Service, including software, designs, trademarks and content we provide. These Terms do not transfer any of those rights to you. We grant you a non-exclusive, non-transferable, revocable licence to use the Service during your subscription, solely for your business.

10. Third-party services

The Service may integrate with third-party products (for example payment providers, delivery, review platforms and analytics). Your use of those products is governed by the relevant third party's terms, and CloudOrders is not responsible for third-party products.

11. Availability, support and changes

We aim to provide a reliable Service and reasonable support (see our contact us page), but the Service is provided on an "as available" basis and may occasionally be unavailable for maintenance, updates or reasons beyond our control. We may update or modify the Service from time to time.

12. Consumer guarantees and warranties

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or other laws that cannot lawfully be excluded (Non-excludable Rights). To the extent permitted by law, and other than your Non-excludable Rights, the Service is provided without warranties of any kind, whether express or implied.

13. Limitation of liability

To the maximum extent permitted by law, and subject to your Non-excludable Rights, CloudOrders is not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill. Where our liability cannot be excluded but can be limited, our total liability to you is limited, at our option, to resupplying the Service or paying the cost of resupply. Our aggregate liability to you for any claim is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim.

14. Indemnity

You agree to indemnify CloudOrders against claims, losses and costs arising from your breach of these Terms, your misuse of the Service, or your handling of your customers or their data, except to the extent caused by CloudOrders.

15. Suspension and termination

You may stop using the Service and cancel your subscription at any time in accordance with our processes. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees, or where required to protect the Service or comply with law. On termination, your right to use the Service ends; we may delete Your Data after a reasonable period in line with our Privacy Policy.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing law

These Terms are governed by the laws of Queensland, Australia. You and CloudOrders submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.

18. Contact us

Questions about these Terms? Email support@cloudorders.co or visit our contact us page.

Yade Pty Ltd — ABN 20 669 515 940, trading as CloudOrders.