Terms and conditions
Welcome to ueue.com.au (and any associated device applications including shop specific apps) (‘UeUe’). UeUe provides an easy interface (the ‘Service’) for customers (‘You’) to browse, pre-order and pay goods or services from the participating restaurants, cafes or shops (the ‘Shop’).
The Service is operated by COOLNOLOGY PTY LTD (ACN 603 751 560) (‘We”, “Us” or “Our”). Access to and use of UeUe, or any of its associated Products or Service, is provided by Us. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Service, this signifies that You have read, understood and agree to be bound by the Terms. If You do not agree with the Terms, You must cease usage of the Service immediately.
We reserve the right to review and change any of the Terms by updating this page at Our sole discretion. When We update the Terms, We will use reasonable endeavours to provide You with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of the Terms
You accept the Terms by using or browsing UeUe or the Service. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to You by Us in the user interface.
Registration to use the Service
In order to access the Service, You must first register for a personal user services account (the ‘Account’). Creating an Account requires a valid phone number.
By creating an Account, You agree that We may send You text messages as part of the registration process or the retrieving password process.
As part of the registration process, or as part of Your continued use of the Service, You may be required to provide personal information about yourself, such as your name, age, mobile phone number, address, as well as at least one valid credit card.
You warrant that any information You give to Us in the course of completing the registration process will always be accurate, correct and up to date.
Once You have completed the registration process, You will be a registered member of UeUe and the Service (‘Member’) and agree to be bound by the Terms.
You may not use the Service and may not accept the Terms if:
You are under the age of 18 years to form a binding contract with Us; or
You are a person barred from receiving the Service under the laws of Australia or other countries including the country in which You are resident or from which You use the Service.
Your obligations as a Member
As a Member, You agree to comply with the following:
- You will use the Service only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
You have the sole responsibility for protecting the confidentiality of Your password and/or email address. Use of Your password by any other person may result in the immediate cancellation of the Service;
any use of Your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Us of any unauthorised use of Your password or email address or any breach of security of which You have become aware;
access and use of the Service is limited, non-transferable and allows for the sole use of the Service by You for the purposes of Us providing the Service;
You will not use UeUe or the Service in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Us;
You will not use UeUe or the Service for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to UeUe;
You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from UeUe without notice and may result in termination of the Service. Appropriate legal action will be taken by Us for any illegal or unauthorised use of the Service; and
You acknowledge and agree that any automated use of UeUe or the Service is prohibited.
Payment and Refund Policy
All Credit Card Payments (‘Credit Card’) for the goods or services purchased from the Shop are required in full at the time of orders. We will not be responsible or liable for the accuracy of information provided by the Shop including but not limited to menu, pricing, opening times, availability of items, etc.
All Credit Card payments made in the course of Your use of the Service are made using Stripe, eWay, BrainTree. In using UeUe, the Service or when making any payment in relation to Your use of the Service, You warrant that You have read, understood and agreed to be bound by the Stripe, eWay, BrainTree terms and conditions which are available on their Application.
You acknowledge and agree that where a request for the Credit Card payment is returned or denied, for whatever reason, by Your financial institution or is unpaid by You for any other reason, We will not be liable to fulfil Your order. And You are liable for any costs, including banking fees and charges, associated with the denial of payment.
You agree and acknowledge that prices of goods or services are liable to change at any time. However, if Your order has been accepted by the Shop (i.e. the status of the order has been changed to ‘Accepted by Shop’), the changes of prices will not affect the relevant order.
Once Your order has been accepted by the Shop, We will not be responsible or liable for requests for refunds of Your purchase. All requests shall be directed to the relating Shops in such matter. No refunds may be provided in the event that You are late to get Your orders, do not collect Your orders or do not show up for Your reservations.
Once an order has been submitted, it can only be cancelled in the following circumstances:
The Shop may deny any order at any time. A notification will be pushed to You via the Service once the order has been denied.
You can cancel Your order after 15 minutes of the Time You choose, only if the order has not yet been accepted by the Shop. The ‘Cancel Order’ button will be available to You after 15 minutes of the “Order for” Time under the order page.
If Your order has been cancelled successfully, any payment or the authorisation hold of the payment made prior to the cancellation will be returned back to the credit card You used to pay for Your order. The handling time can vary based on the bank of Your credit card.
Copyright and Intellectual Property
UeUe, the Service and all of Our related products are subject to copyright. The material on UeUe is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Service and compilation of UeUe (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Service are owned or controlled for these purposes, and are reserved by Us or Our contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Us, who grants to You a worldwide, non-exclusive, royalty-free, revocable license whilst You are a Member to:
use the Service pursuant to the Terms;
Copy and store the Service and the material contained in the Service in Your device’s cache memory; and
print pages from the Service for Your own personal and non-commercial use.
We do not grant You any other rights whatsoever in relation to UeUe or the Service. All other rights are expressly reserved by Us.
We retain all rights, title and interest in and to UeUe and the Service. Nothing You do on or in relation to UeUe will transfer any:
business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
You may not, without the prior Our written permission and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Service or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on UeUe, which are freely available for re-use or are in the public domain.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from Our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Service or these Terms (including as a result of not being able to use the Service or the late supply of the Service), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of UeUe and the Service is at Your own risk. Everything on UeUe and the Service is provided to You “as is” and “as available” without warranty or condition of any kind. None of Our affiliates, directors, officers, employees, agents, contributors and licensors makes any express or implied representation or warranty about the Service or any products or Services (including Our the products or Services) referred to on UeUe. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on UeUe or any of its Services related products (including third party material and advertisements on UeUe);
costs incurred as a result of You using UeUe, the Service or any of Our products; and
the Service or operation in respect to links which are provided for Your convenience.
If You are in the business of providing similar services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then You are a competitor of Us. Competitors are not permitted to use or access any information or content on UeUe. If You breach this provision, We will hold You fully responsible for any loss that We may sustain and hold You accountable for all profits that You might make from such a breach.
Limitation of liability
Our total liability arising out of or in connection with the Service or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Service to You.
You expressly understand and agree that We, Our affiliates, employees agents, contributors and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either You or by Us as set out below.
If You want to terminate the Terms, You may do so by notifying Us in writing at any time.
We may at any time, terminate the Terms with You if:
You have breached any provision of the Terms or intend to breach any provision;
We are required to do so by law;
the provision of the Service to You by Us is, in Our opinion, no longer commercially viable.
Subject to local applicable laws, We reserve the right to discontinue or cancel Your membership at any time and may suspend or deny, in Our sole discretion, Your access to all or any portion of UeUe or the Service without notice if You breach any provision of the Terms or any applicable law or if Your conduct impacts Our name or reputation or violates the rights of those of another party.
You agree to indemnify Us, Our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
any direct or indirect consequences of You accessing, using or transacting on the Service or attempts to do so; and/or
any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Tasmania, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Service offered by Us is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to UeUe or the Service, You agree that the exclusive venue for resolving any dispute shall be in the courts of Tasmania, Australia.
The Terms are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.