Terms of Use

The me&u application and related software and/or services (“App”) is owned and operated by Meandu Australia Pty Limited ACN: 626 480 788 (“me&u”) and is subject to these terms of use (“Terms of Use” or “Agreement”)).

KEY TERMS

Without limiting the other terms set out in these Terms of Use, you agree that:

– Your use of the App is subject to these Terms of Use. If you do not agree with these Terms of Use, please do not use the App.

– You must be 18 years of age to use the App.

– You must register and maintain an account, and provide at least one acceptable payment method, in order to use the App.

– You must pay for all menu items ordered through your account on the App.

– You acknowledge that the prices of the menu items as shown in the App may differ from the prices for the same menu items: (a) sold through the App at different times; or (b) sold by other means.

– You consent to receiving emails, texts and app notifications from me&u as part of the App’s functionality, including receipts, codes and notices to change of these Terms of Use and me&u’s Privacy Policy.

– You will collect location data when you are in or near a participating restaurant and this may be shared with other users of the App who are at, or appear to be at, your table.

ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use carefully before using the App. Me&u is willing to license, the App to you only on the condition that you accept all the terms contained in these Terms of Use. By creating an account with or by using the App, you indicate that you understand and accept these Terms of Use. By using the App, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE APP OR REGISTER OR BUY ANY GOODS OR SERVICES PROVIDED ON OR THROUGH THE APP.

The Terms of Use include the terms and conditions expressly set out below and those incorporated by reference. Me&u reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting the amended terms on the App. You agree to continually review these Terms of Use. If me&u posts amended Terms of Use on the App, your subsequent use of the App or any goods or services offered through the App constitutes your acceptance of the-then updated or modified Terms of Use. Except as stated herein, all amended terms shall automatically be effective after they are posted on the App. These Terms of Use may not be otherwise amended except in writing signed by you and me&u.

The disclaimers, terms and conditions herein may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by me&u (“Supplementary Terms”). To the extent that there is an inconsistency between these Terms of Use and any Supplementary Terms, the Supplementary Terms shall prevail. In the event of a conflict in the terms of the Licensed Application End User License Agreement (as accepted when downloading the App from the Apple App Store) and this Agreement, the terms of this Agreement shall prevail.

A copy of this document can be received by emailing your request to [email] or by visiting [website].

Me&u collects, stores and uses data collected from you in accordance with me&u’s privacy policy located at [website] (“Privacy Policy”). The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

GENERAL TERMS OF USE AND RESTRICTIONS ON USE

Subject to your acceptance of this Agreement, me&u hereby grants you a limited, non-exclusive, non-assignable, non-transferable licence to access and use the App solely for your own personal, non-commercial purposes. All rights not otherwise expressly granted by these Terms of Use are reserved by me&u. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the App. Me&u may discontinue or alter any aspect of the App, remove Content from the App, restrict the time the App is available or restrict the amount of use permitted at me&u’s sole discretion and without prior notice or liability. You further agree that such measures shall be taken in me&u’s sole discretion and without liability to you or any third party.

YOUR ACCOUNT

In order to use most aspects of the App, you must register for and maintain an active personal user services account (“Account”). You can register for an Account via email, Facebook or Google. To obtain an Account, you must be at least 18 years of age and you must not have been barred from receiving the App or an Account. . Account registration requires you to submit to me&u your name, email address and mobile telephone number. The submission of a photograph for your Account is optional. You will also be required to provide me&u’s gateway provider with your credit card details. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the App.

You acknowledge and agree that you are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your Account, username, or any Account rights. You agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by me&u in writing, you may only possess one Account. You agree that you will not create an account for anyone other than yourself.

ORDERING AND PAYMENT PROCESSING

The primary function of the App is to allow you to order food and/or beverage at a participating restaurant or other participating food or beverage vendor (“Participating Restaurant”) through the App. You acknowledge that the prices of the menu items offered by a Participating Restaurant on the App may differ from time to time, and may differ from the prices of the same menu items sold by the Participating Restaurant by any method other than through the App.

You may only order menu items on the App if you are dining in at a Participating Restaurant.

You acknowledge that your use of the App may result in charges to you. You will be charged for the cost of the menu items ordered through the App (being the cost appearing next to the menu items at the time of ordering) as well as a credit card surcharge upon the completion of your meal at a Participating Restaurant (“Charges”). The rate of the credit card surcharges may differ based on the credit card provide. Me&u will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the App. Charges will be inclusive of applicable taxes where required by law.

Charges you incur for menu items that you order will be owed to the Participating Restaurants, and me&u will collect payment of those charges from you, on the Participating Restaurant’s behalf as its limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Participating Restaurant. In all cases, Charges you incur will be owed and paid directly to me&u, where me&u is solely liable for any obligations to Participating Restaurants.

Once you order a menu item on the App, you cannot cancel that order. You must pay for all menu items that you order on the App, even if you leave the Participating Restaurant prior to receiving the ordered menu item or if the ordered menu item does not arrive. A refund may be payable in some circumstances, as set out under “Refunds” in these Terms of Use.

It may be open to another user of the App who is dining with you (“Other User”) to pay for a menu item that you ordered through your Account through the Other User’s Account, provided that the Other User elects to do so on the App within a limited period of time. If the Other User does not elect to so pay, you will be liable to pay for the menu item that you ordered. Me&u shall not be liable in relation to any dispute arising out of your arrangement for payment by the Other User.

In addition to paying for the menu items, it will be open to you to pay for an additional tip in a sum nominated by you through the App.

All Charges will be enabled by me&u by causing me&u’s gateway provider to debit those Charges directly from your credit card designated in your Account, after which you will receive a receipt by email. This will take place upon confirmation by the Participating Restaurant that you have completed your meal, or shortly thereafter.

As between you and me&u, me&u reserves the right to establish, remove and/or revise Charges at any time in me&u’s sole discretion. You will be informed of the Charges for the menu items at the time of ordering the menu items. You will be informed of the credit card surcharge at the time of payment. Me&u may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Participating Restaurants or other third parties.

You acknowledge that the Participating Restaurant, and not me&u, is the provider of the goods and services ordered on the App, and that any dispute arising in connection with the provision of those goods and services is, for purposes of this Agreement, between you and the Participating Restaurant, to the exclusion of me&u. Me&u is not liable in connection with any such good or service provided by a Participating Restaurant. This includes, but is not limited to, any liability in relation to the quality of the food, beverage or service provided by the Participating Restaurant; any allergic reaction or illness you suffer as a result of consuming the food and beverage provided by the Participating Restaurant; any failure of the Participating Restaurant to meet your dietary requirements; or any injury you sustain at the Participating Restaurant. If you have any issue or complaint regarding the provision of goods and services by the Participating Restaurant, you must deal directly with the Participating Restaurant. A refund may be payable in some circumstances, as set out under “Refunds” in these Terms of Use.

REFUNDS

Charges and other moneys paid by you are final and non-refundable, unless otherwise determined by me&u.

Prior to the transaction for the Charges completing, a Participating Restaurant may remove or reduce a Charge for a menu item showing as ordered on your App in the Participating Restaurant’s discretion. You must use your best endeavours to raise any dispute prior to the transaction completing.

Once a transaction has completed, you may still communicate with the Participating Restaurant in relation to a dispute, however you acknowledge that any refund agreed to by the Participating Restaurant may not be instantaneously processed.

RATINGS

After you have received services or goods obtained through the App, you will have the opportunity to rate your experience at the relevant Participating Restaurant by allocating a rating from 1 to 5. You agree that you will act in good faith in all ratings that you publish on the App. Me&u may remove a rating which it in its sole discretion considers to be false or not genuine.

You acknowledge that the restaurant whose food or beverage you order through the App has certain obligations regarding the responsible service of alcohol. You acknowledge that, so far as the App is used in Australia, the restaurant may only serve alcohol to customers over 18 years of age. You agree that you will not reduce your rating of a Participating Restaurant on the basis of its compliance with its responsible service of alcohol obligations.

CONTENT

Unless otherwise specifically noted in these Terms of Use or on or in the App, images, trademarks, service marks, logos and icons displayed on the App are the property of me&u and/or its licensors and may not be used without me&u’s prior written consent. Any unauthorised use of any Content, whether owned by me&u or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You agree that you will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the App or any part thereof or grant any other person or entity the right or access to do so.

LINKS AND COMMUNICATIONS

As a service to me&u’s users, me&u may provide information about other resources that may be of interest to you. However, me&u does not control any third-party content and me&u is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by me&u is not intended to be an endorsement, sponsorship or recommendation by me&u. When you exit the App, you are subject to the policies of any new site or application which you enter. Any communication with third parties found through the App are solely between you and such third party. You further acknowledge and agree that me&u shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or service available on or through any third-party site or resource.

Email and Text Communications

Me&u may send you emails, text messages or app notifications as part of the App’s functionality, including receipts, notifications of changes to the Terms of Use and other important communications.

Me&u may also send you emails or text messages informing you about potential promotions and offers or new and existing features that me&u, its partners or affiliates provide. You may also receive promotional emails or text messages from Participating Restaurants. Please see our Privacy Policy for opting out of promotional communications,

If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enrol in the notification service. Me&u reserves the right to cancel the notification service at any time.

USER REPRESENTATIONS

You hereby represent and warrant to me&u that (1) you are over the age of majority in your jurisdiction ; (2) all information provided by you to me&u is truthful, accurate and complete; and (3) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the App or any part thereof.

PROHIBITED USES

You agree that you will use the App in a manner consistent with any and all applicable laws and regulations. Me&u reserves the right, but is not obligated to, investigate and terminate your use of the App if you have misused the App or any products or services accessed through the App, or behaved in a way which could be regarded as inappropriate or if your conduct is unlawful or illegal. With respect to your participation on the App, you agree that you will not: (1) impersonate any person or entity; (2) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents; (3) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights; (4) remove any copyright, trademark or other proprietary rights notices contained in the App; (5) interfere with or disrupt any services provided through the App or the servers or networks connected to the App; (6) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (7) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the App; or (8) “frame” or “mirror” any part of the App, without me&u’s prior written authorisation or use meta tags or code or other devices containing any reference to me&u or the App in order to direct any person to any other website for any purpose.

You further agree that your information and your interactions on the App shall not: (1) be false, inaccurate or misleading (directly or by omission or failure to update information); (2) infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (3) violate any law, statute, ordinance or regulation; (4) be defamatory; (5) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (6) create liability for me&u. You further agree that you will not transfer, use, or sell your Account information to any another party.

Me&u reserves the right, but me&u has no obligation, to refuse to license the App to any person who does not comply with these prohibitions.

LOCATION DATA

Me&u may use location data provided through the App for purposes of confirming that you are at the Participating Restaurant from which you are ordering and for confirming your table within the Participating Restaurant. We may share your location with other users of the App who are or appear to be at the same table as you at the Participating Restaurant to allow the App to function in the intended way. Neither me&u, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or offers or promotions provided by the use of location data.

OTHER USERS

You acknowledge that any of your information (excluding credit card details), including geolocation data, that you provide or post through the App may be accessible to certain other users of the App and third parties. Please note that there are risks of dealing with underage persons or people acting under false pretence. By using the App, you agree to accept such risks and me&u is not responsible for the acts or omissions of users on the App.

EXCLUSION OF WARRANTIES / DISCLAIMER

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE APP OR THE SERVICE, AND ANY ME&U CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH ME&U USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE APP AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, ME&U GIVES NO WARRANTY OF ANY KIND REGARDING THE APP OR THE SERVICE AND/OR ME&U CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, ME&U DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY ME&U CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE APP OR THE SERVICE OR ME&U CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APP OR THE SERVICE OR ME&U CONTENT WILL MEET YOUR EXPECTATIONS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, ME&U EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE APP, THE SERVICE OR ME&U CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.

ANY ME&U CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE APP OR ANY SUCH ME&U CONTENT OR MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ME&U SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ME&U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APP; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM THE INABILITY TO ACCESS OR UTILISE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP OR THE SERVICE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE APP OR THE SERVICE. IN NO EVENT SHALL ME&U’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OTHER DISCLAIMERS

The App and any products or services provided through the App may be temporarily unavailable from time to time for maintenance or other reasons. Me&u assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, communications.

Me&u is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, on the App, on any website or any combination thereof, including injury or damage to you or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading the App or materials in connection with the App and/or in connection with any products or services offered through the App.

Me&u shall not be liable for any loss or damage you suffer as a result of the provision, or lack thereof, of goods and services by the Participating Restaurant.

RELEASE AND INDEMNIFICATION

You agree to release me&u, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the App or the service provided through the App. If at any time you are not satisfied with the App or object to any material within the App, your sole remedy is cessation of use thereof. You agree to defend, indemnify and hold harmless me&u, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including legal fees and costs and expenses, arising out of or in any way connected with (1) your access to or use of the App or any part thereof, (2) any ratings you publish via the App, (3) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms of Use, (4) infringement or misappropriation of any intellectual property or other rights of me&u or third parties by you, or (5) any negligence or wilful misconduct by you.

GOVERNING LAW AND MISCELLANEOUS ITEMS

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of Australia.

You agree that your breach of the provisions of these Terms of Use would cause irreparable harm and significant injury to me&u which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that me&u has the right to enforce the provisions of these Terms of Use by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies that me&u may have. Me&u will be entitled to reasonable legal fees and fees of accountants and other professionals, and costs and expenses in addition to any other relief to which me&u may be entitled in any action at law or in equity.

CONTACT

This App is operated by me&u. All enquiries may be directed to:

Me&u
223 Liverpool Street, Darlinghurst, NSW 2010 Australia

hello@meandu.com.au