Venue Terms of Service
1. Introduction
The DQ System is a cross-platform mobile application that permits operators and staff of Licensed Premises to place and manage customer and gift orders, process payments, accept table reservations and communicate between staff members.
The DQ System is owned by Queue Bar Pty Ltd (“QueueBar”, “We”, “us”) and these Terms of Service explain our obligations as a service provider and your obligations as a venue (“you”, “your”, “Venue”)
You accept that the use of and/or access to the DQ System confirms your acceptance of these Terms of Service, our Privacy Policy, and the Fee Schedule.
In entering into this Agreement, You acknowledge that You have the authority to act on behalf of any person or entity for whom you are using the DQ System, and you agree to this Agreement both personally and on behalf of that person or entity.
2. Definitions
Capitalised words and phrases used in this Agreement have the meaning provided in Clause 21.
3. License
3.1 License Grant
a) In consideration of the Fees payable by the Venue to Queue Bar pursuant to the Fee Schedule and the Venue’s other undertakings in this Agreement, Queue Bar hereby grants to the Venue a non-exclusive non-transferable limited licence (without the Right to sub licence) for the Term of this Agreement to use the DQ System for the Approved Purpose and solely with respect to the Venue’s Licensed Premises and otherwise on and subject to the terms and conditions of this Agreement (Licence).
b) The Licence granted under Clause 3 permits the Venue to:
i) use the DQ System for the Approved Purpose;
ii) use any supporting documentation supplied by QueueBar in support of the Authorised Purpose.
c) Clause 3.1 does not include any Right to:
i) access, use and/or commercialise the Intellectual Property or any part thereof for any purpose other than as specified in Clause 3.1; or
ii) use the DQ System at any site other than the Licensed Premises.
3.2 Venue’s Limitations & Undertakings
The Venue undertakes and agrees that it shall:
a) not use or duplicate the DQ System for any purpose other than as specified in this Agreement;
b) unless otherwise agreed in writing with Queue Bar, not carry out or permit the reverse engineering, disassembly or decompilation of the DQ System; other than as specified in this Agreement, not grant any licence or sub-licence of the Rights granted to the Venue by this Agreement or otherwise delegate to any third party any of the Rights granted to the Venue by this Agreement; and
c) keep the Intellectual Property safe and secure from unauthorised access by third parties and not disclose the Intellectual Property to any third party other than on and subject to the express terms of thisAgreement or to employees or sub-contractors of the Venue who have signed a deed of confidentiality and acknowledgment of ownership of intellectual property in favour of Queue Bar.
4. Training & Technical Support
a) On or before the Commencement Date as set out in the Fee Schedule, Queue Bar shall attend the Venue’s Licensed Premises to:
i) install the relevant components of the DQ System; and
ii) train the Venue with respect to the proper and efficient use of the DQ System.
b) During the Term, with respect to the proper and efficient use of the DQ System by the Venue, Queue Bar shall:
i) provide the Venue with technical support services;
ii) provide training of staff;
iii) be available to accept urgent inquiries by telephone, SMS and email and SMS inquiries at any time; and
iv) attempt to respond to non-urgent technical support inquiries within the same Business Day.
5. Hardware
a) Any Hardware provided to the Venue will be set out in the Fee Schedule.
b) The Venue acknowledges that it is responsible for the care and upkeep of any hardware provided by Queue Bar including, but not limited to, cleaning, charging and safe storage.
c) In case of loss or theft, Queue Bar will identify a suitable replacement and quote the price to the Venue. The Venue will be responsible for the cost of the replacement hardware.
d) Where hardware is found to be defective, Queue Bar will represent the Venue to apply for replacement or repair under warranty with the hardware manufacturer or retailer.
e) If replacement or repair is declined as a result of misuse or falls outside the relevant warranty period, Queue Bar will identify a suitable replacement and quote the price to the Venue. The Venue will be responsible for the cost of the replacement hardware.
f) If the Venue requires that Queue Bar replace the hardware, the quoted price will be included in the next monthly invoice to theVenue.
6. Integration
a) Queue Bar may support integration with the Venue’s Point of Sale or other system either directly or via or a third-party APIInterface (for example, “Doshii.io" or "Omnivore.io") to pass information between the DQ System and supported Point of Sale Systems.
b) If the Venue wishes to enable integration between Queue Bar and the Venue’s supported Point of Sale system, the Venue:
i) must authorise Queue Bar to connect to the relevant Point of Sale API Interface or third-party API Interface;
i) acknowledges that is responsible for ensuring that the DQ System is able to maintain integration with the API Interface or third-partyAPI by ensuring appropriate hardware, software and internet connectivity is available; and
iii) must pay any applicable fees arising from the integrated third-party service.
7. Payment Processors
a) The DQ System is able to accept payments for App Orders using supported third-party Payment Processors.
b) If the Venue wishes to use such a Payment Processor to accept payments, it must set up and maintain an account with a supported Payment Processor for the Term of this Agreement.
c) The venue further acknowledges that:
i) it is solely liable for payment of all refunds payable to customers and any merchant fees arising through the use of thePayment Processor.
ii) the Payment Processor is not a part of the DQ System and as such, Queue Bar cannot be held responsible for any actions, failings, defects or malfunctions relating to any payments taken in reliance on the Payment Processor.
iii) Queue Bar cannot guarantee the performance of the Payment Processor and cannot be held liable for any costs arising from theVenue’s use or reliance on the Payment Processor.
8. System Updates
a) During the Term of this Agreement, at no cost to the Venue, Queue Bar shall from time to time provide System Updates to theVenue respect to the DQ System.
b) The Venue further acknowledges that unscheduled maintenance may need to be performed to the DQ System from time to time due to data corruption, services failure or equipment failure.
9. Fees
9.1 Fees
a) In consideration for Queue Bar granting the Venue the Right to use the DQ System in accordance with the terms of this Agreement, the Venue shall pay to Queue Bar the non-refundable Fees in accordance with the Fee Schedule.
b) Queue Bar shall send an Invoice to the Venue via the Venue’s email (as set out in the Fee Schedule) for all Fees payable by the Venue to Queue Bar.
c) Fees due will be paid monthly by the Venue to Queue Bar by way of credit card debit or bank transfer.
d) The Venue acknowledges and confirms that a failure by Queue Bar to deliver an Invoice to the Venue shall not in any way relieve the Venue from its liability to make any payment required to be made by the Venue under or pursuant to this Agreement or constitute a waiver by Queue Bar of its Right to receive any Fees payable by the Venue pursuant to this Agreement.
e) Upon the expiry of the Term, Queue Bar reserves the Right to increase Fees at any time with fourteen (14) days prior written notice to the Venue.
9.2 Commission
Commission may be deducted on payments by Queue Bar for the use of some features. Commission rates for each feature are set out in the Fee Schedule.
9.3 Interest Payable
a) Interest shall be payable on overdue moneys at the rate specified by the Penalty Interest Rates Act 1983 (Vic) from time to time or such other rate agreed between the parties from time to time.
b) All interest payable by the Venue to Queue Bar in respect of unpaid Fees or any other money owed by the Venue to Queue Bar shall, unless otherwise agreed by the parties, be calculated Monthly on the last day of each Month during the Term on the total amount outstanding (including all unpaid interest) at the beginning of each Month during the Term.
10. Venue Obligations
10.1 Venue Obligations
a) The Venue acknowledges and agrees that:
i) it is solely responsible for serving, delivering and/or fulfilling the supply of any Products sold by the Venue to Customers facilitated by the DQ System and, where the App Order is placed using the Treat feature, for ensuring that the App Order is accepted, not accepted or is refunded (if it cannot be delivered for any reason);
ii) it is solely responsible for ensuring the quality and safety (and compliance with all Laws) of Products advertised on the Venue Menu and sold and supplied by the Venue;
iii) it is solely responsible for the use of the DQ System by its personnel and shall ensure that its personnel are properly trained in the use and application of the DQ System;
iv) at all times it must ensure that the Venue Menu displayed on the DQ System are current and up to date and that it is solely responsible for ensuring the truth and accuracy the Venue Menu;
v) Queue Bar is not a supplier of Products and does not take possession or ownership of any Products bought and sold via the DQ System at any time and plays no part in the transfer of legal ownership of Products from the Venue to Customers;
vi) Queue Bar does not provide, nor is it responsible for providing, logistics, quality control or like services related to the sale and service of Products by the Venue using the DQ System or otherwise;
vii) it shall only use the DQ System for the Approved Purpose and no other purpose and
viii) Queue Bar makes no representations to Customers or any other third parties (and is not liable to any Customer) with respect to the quality or fitness for any purpose of Products sold and/or supplied by theVenue to Customers via the DQ System.
ix) it shall notify Queue Bar if it becomes aware of any defect, error or fault in the DQ System;
x) other than as expressly set out in this Agreement to the contrary, the Venue must:
x.i) observe all Laws relating to the use of the DQSystem by the Venue.
x.ii) not alter or interfere in any way with the DQSystem other than for the purposes expressly authorised in this Agreement; and
x.iii) not do anything which might affect the reputation of the DQ System or Queue Bar
11. Intellectual Property
11.1 Ownership
a) The parties acknowledge that ownership and title to the Intellectual Property shall at all times remain with Queue Bar and nothing in this Agreement shall be construed as an implied or express transfer or assignment of such ownership to the Venue of any of the Intellectual Property.
b) To the extent that any Intellectual Property Rights or goodwill in connection with the DQ System are created as a result of the Venue exercising its Rights or performing its Obligations under this Agreement, the Venue hereby assigns all such Intellectual Property Rights and goodwill to Queue Bar. The Venue must also ensure that all of its Related Persons similarly assign any such Intellectual Property Rights.
c) The Venue must ensure that all of its Related Persons who are individuals waive any moral Rights in connection with the DQ System to which they may become entitled. Such waiver includes consenting to anything that would otherwise constitute an infringement of the relevant moral Right.
11.2 Notification
The Venue must promptly notify Queue Bar of any actual or potential infringement of the Intellectual Property or the Intellectual Property Rights of Queue Bar of which the Venue may become aware.
12. Non-Disclosure
a) Except as otherwise required by Law, the Venue shall not disclose to any third party the terms of this Agreement and its subject matter including information submitted or disclosed by Queue Bar during negotiations, discussions and meetings relating to this Agreement.
b) Any information supplied by Queue Bar to the Venue shall be treated as Confidential Information and shall not be used or disclosed to any other person unless Queue Bar has provided written consent to the Venue for such use or disclosure.
c) The Venue shall not undertake any marketing, advertising or promotion in relation to its use of the DQ System other than in accordance with Queue Bar’s written directions.
13. Term & Termination
13.1 Term
a) The Term of this agreement is twelve (12) months.
b) This Agreement will continue in full force and effect but may be terminated by either party without cause at any time.
13.2 Termination
a) In addition to any other Rights of termination a party may have under this Agreement, Queue Bar or the Venue may terminate this Agreement with immediate effect by serving written notice on the other party if:
i) the other party becomes unable to lawfully perform its Obligations under this Agreement;
ii) an Insolvency Event happens to the other party; or
iii)the other party materially breaches this Agreement and fails to remedy suchbreach within thirty (30) days after receiving written notice from theterminating party specifying the breach and setting out the steps required to order to remedy the breach.
b) Queue Bar may terminate this Agreement with immediate effect by serving written notice on the Venue if the Venue has payments owing to Queue Bar more than 30 days overdue.
c) Where this agreement is terminated by the Venue within the first month, the supplied credit card will not be charged.
d) Where this Agreement is terminated during a monthly billing cycle, the unused portion of the monthly Fee will be refunded to the Venue.
14. Rights retained
a) Each party will retain any Rights it may have against the other party in respect of any accrued liability or any breach or non-observance of this Agreement arising or occurring prior to the expiration or termination of this Agreement.
b) Upon termination or expiry of this Agreement in accordance with its terms, Queue Bar and the Venue agree to co-operate in good faith to wind down their relationship.
c) the Venue must within five (5) Business Days after the date of expiry or termination deliver to Queue Bar all documents and other materials(including all copies) in its possession relating to the Intellectual Property and do such further things as may be reasonably required by Queue Bar to protect its right, title and interest in the Intellectual Property; cease using the DQ System; return all Queue Bar Confidential Information to Queue Bar; and pay any outstanding amounts due under this agreement.
15. Warranties
15.1 Mutual Warranties
Each party represents and warrants to each other party that:
a) it has full legal capacity and corporate authority or statutory power (as the case may be) to execute and properly perform this Agreement;
b) it has taken all corporate and other action necessary to authorise the execution and proper performance of this Agreement;
c) this Agreement constitutes valid and binding legal Obligations upon it, which are enforceable in accordance with the terms and conditions of this Agreement;
d) performance permitted: the execution and proper performance of this Agreement does not contravene:
i) its constitution or other constituent documents;
ii) any applicable Law or authorisation; or
iii) any agreement or Obligation binding upon it or applicable to its assets, revenues or business.
15.2 Venue’s Warranties
The Venue represents and warrants to Queue Bar that:
i) it holds a current and valid Liquor License and it otherwise holds allAuthorisations necessary to offer for sale, sell, supply and deliver Products to Customers;
ii) it is not aware of anything that might result in the revocation, suspension or modification of the Liquor Licence or any of those Authorisations or anything that might adversely affect their renewal;
iii) at all relevant times it has complied with the Liquor Licence and allAuthorisations and will continue to comply with all of them during the term of this Agreement;
iv) it will at all times comply with Queue Bar’s Terms and Conditions of this agreement to the extent that they apply to the Venue’s use of the DQ System;
v) it is relying upon its own skill and judgment in relation to the quality ofSystem and its fitness for any purpose that may be required, and not upon any conduct or representation of Queue Bar, or any of Queue Bar’s officers, employees or agents, which has not been stated expressly in this Agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material produced by Queue Bar:
vi) it will keep secure any passwords used to upload data to the Queue Bar Server and/or the DQ System;
vii)all data contained in the Venue Menu uploaded onto the DQ System under thisAgreement will not expose Queue Bar to risk of any claim, legal or administrative action or prosecution;
viii) Queue Bar reserves the Right (but is under no Obligation) to ‘remove fromInternet access’ any part of the Venue Menu that, in Queue Bar’s opinion, infringes any of the warranties set out in this Agreement;
ix) if there is any Claim against Queue Bar due to breach of the Venue’s warranties, or otherwise attributable to the Venue Menu, the Venue must indemnify and hold Queue Bar harmless against any Loss (including legal fees and expenses) associated with, or arising out of, the Claim.
16.Exclusions
a) Queue Bar does not warrant that the DQ System:
i) will be uninterrupted or error free;
ii) will be free of viruses; or
iii) will meet the Venue’s requirements other than as expressly set out in this Agreement.
b) Except as expressly provided to the contrary in this Clause 16 and elsewhere in this Agreement:
i) all conditions, warranties and other terms pertaining to the condition or quality of the DQ System are excluded to the extent permitted by Law;
ii) all warranties whether express, implied, statutory, or otherwise, relating in any way to the subject matter of this Agreement, are excluded
c) Queue Bar will not be liable, and the Venue must not make any Claim or demand, or take any action or other proceeding against Queue Bar, or any of Queue Bar’s Related Persons, for any loss of profits, loss of revenue, loss of anticipated savings, loss or corruption of data, loss of contract or opportunity, loss of goodwill OR any indirect, special or consequential loss of whatever nature including of any loss of a type described in this sub-Clause, whether or not reasonably foreseeable, reasonably contemplatable or actually contemplated by the parties at the time of execution of this Agreement;
d) To the full extent permitted by Law, Queue Bar excludes all liability for Loss or Claims made against or incurred or suffered by the Venue directly or indirectly (including without limitation any special or consequential loss or damage, loss of revenue or loss of profit howsoever arising and whether in contract, tort, in equity, under statute, or on any other basis) arising out of:
i) the Venue’s use or misuse of the DQ System;
ii) the Venue’s inability to use or obtain access to the DQ System;
iii) negligence of Queue Bar or its employees, contractors or agents, or of any supplier of software incorporated in the DQ System, in connection with the performance of Queue Bar’s Obligations under this Agreement; or
iv) termination of this Agreement by either party for any reason.
17.Limitation Of Liability
a) Queue Bar acknowledges that provisions in the Competition and Consumer Act 2010(Cth) (as amended) and other statutes from time to time in force imply or impose statutory guarantees, conditions or warranties into contracts for the supply of good or services which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent (Non Excludable Terms).Nothing in this Agreement is intended to exclude or restrict the application of the Non Excludable Terms. Other than the Non Excludable Terms, Queue Bar hereby excludes all conditions, warranties, guarantees, terms and obligations expressed or implied by law in connection with this Agreement or the DQ System.
b) If any Non Excludable Terms apply, then to the extent to which Queue Bar is entitled to do so, its liability under those Non Excludable Terms will be limited at its option to:
i) if the breach relates to the DQ System:
i.i) the replacement of the DQ System or the supply of an equivalent system;
i.ii) the repair of the DQ System;
i.iii) the payment of the cost of replacing the DQ System or of acquiring ane quivalent of the DQ System; or
i.iv) the payment of the cost of having the DQ System repaired;
ii) If the breach relates to services in relation to the DQ System:
ii.i) the supplying of the services again; or
ii.ii) the payment of the cost of having the services supplied again.
18.Indemnity
The Venue indemnifies Queue Bar against any Claim or Loss (including legal costs ona full indemnity basis) that Queue Bar incurs or suffers directly or in directly as a result of:
i) a breach of this Agreement by the Venue;
ii) a breach of any of the warranties and representations contained in Clause 15; and
iii) any act or omission by a Related Person of the Venue which, if done or not done by the Venue, would be a breach of this Agreement.
19.GST
a) All prices specified in this Agreement are exclusive of GST.
b) Despite any other provision in this Agreement, ifGST is imposed on any taxable supply in connection with this Agreement, then the party liable to pay for the taxable supply must also pay the GST payable in respect of that taxable supply on delivery of a tax invoice by the supplier of that taxable supply to the recipient.
20. General Provisions
20.1 Notices
a) Any notice given or served under this Agreement must be in legible writing, in English and sent to the recipient at the address, Email or facsimile number set out in the Fee Schedule, or such other address, or Email specified by the recipient from time to time.
b) Without limiting any other means by which the sender may be able to prove that a notice has been received, a notice will be deemed to have been received:
i) if sent by hand, when left at the recipient’s address with the recipient or an officer, employee or agent of the recipient;
ii) if sent by prepaid post, two (2) Business Days from the date of postage (if posted within the same country) or ten (10) Business Days from the date of postage (if posted from one country to another); or
iii) if sent by facsimile or Email, on receipt by the sender of a transmission report generated by the sender’s machine/computer indicating that the whole facsimile/Email was sent to the recipient’s facsimile number/Email address,
c) If a notice is received on a day that is not a Business Day, or after 5.00 pm(recipient’s time) on a Business Day, the notice will be deemed to have been received at 9.00 am (recipient’s time) on the next Business Day.
20.2 No Partnership
Unless otherwise expressly provided in this Agreement:
i) the parties do not intend to create by this Agreement any form of partnership, agency or trust arrangement; and
ii) no party has the authority to act for, or incur any Obligation on behalf of, another party.
20.3 Assignment
The Venue may not assign, create an interest in, or in any other way deal with, any of its Rights or Obligations under this Agreement without the prior written consent of Queue Bar, such consent which may be withheld in the absolute discretion of Queue Bar.
20.4 Amendment
This Agreement may be amended only by a written document signed by all of the parties.
20.5 Invalid or unenforceable provisions
If a provision of this Agreement is invalid or unenforceable in a jurisdiction:
i) it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and
ii) it does not affect the validity or enforceability of that provision in another jurisdiction, or
the remaining provisions of this Agreement.
20.6 Waiver and exercise of Rights
a) A waiver of a provision or of a Right arising under this Agreement may only be given in writing by the party granting the waiver.
b) A waiver is effective only in the specific instance and for the specific purpose for which it is given.
c) A single or partial exercise of a Right by a party does not preclude another or further exercise or attempted exercise of thatRight or the exercise of another Right.
d) Failure by a party to exercise or delay in exercising a Right does not prevent its exercise or operate as a waiver.
20.7 Further assurances
Each party must, whenever requested by another party, promptly do or cause to be done everything reasonably necessary, including executing any relevant documentation, to give full effect to this Agreement and the transactions contemplated by this Agreement.
20.8 Costs
Unless otherwise expressly provided in this Agreement, each party must pay its own costs in connection with this Agreement and the documents and transactions contemplated by this Agreement.
20.8 Entire agreement
This Agreement and any other documents referred to in this Agreement or executed in connection with this Agreement comprise the entire agreement of the parties about the subject matter of this Agreement and supersede any prior representations, negotiations, arrangements, understandings or agreements and all other communications.
20.9 Rights cumulative
The Rights, remedies and powers of the parties under this Agreement are cumulative and do not exclude any other Rights, remedies or powers available at Law or in equity.
20.10 Consents and approvals
Unless otherwise expressly provided in this Agreement, a party may give its consent conditionally or unconditionally, or withhold its consent or approval, in its absolute discretion.
20.11 Guarantees and indemnities
Any guarantee or indemnity in this Agreement constitutes an independent Obligation and survives the expiry or termination of this Agreement.
20.12 Counterparts
This Agreement may be signed in counterparts and all counterparts taken together constitute one document.
20.13 Attorneys
Each attorney and any other individual executing this Agreement on behalf of a party represents and warrants that he or she has full and proper authority to do so and is not aware of any revocation or suspension of the relevant power of attorney or other authorisation.
20.14 Governing Law and jurisdiction
This Agreement is governed by the Laws of Victoria, Australia, and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State and Country.
21. Definitions
In this Agreement, unless the context otherwise requires:
Act means the CopyrightAct 1968 (Cth).
App Order means an order for Products placed using the DQ System.
Authorised Purpose means the purpose for which the Venue is authorised to use the DQ System being strictly limited to the Venue:
i) placing and receiving App Orders;
ii) accepting payments via a third-party Payment Processor;
iii) communicating with venue staff using the DQ System’s notification capabilities;
iv) managing reservations; and
v) using the DQ System as otherwise permitted pursuant to the terms of this Agreement or as approved by Queue Bar in writing from time to time;
API Interface(or “API”) means the Application Program Interface owned and controlled byQueue Bar with respect to the DQ System, the DQ Pro App and Treat, including but not limited to a set of routines, protocols, and tools for the purpose of managing the sale and delivery of Products by the Venue to Customers.
Applicable Liquor Law means the relevant legislation governing the service of alcohol in the Venue’s state or territory.
Authorisation means any authorisation, approval, licence, permit, consent, qualification, accreditation, filing, registration, certificate, resolution, direction, declaration or exemption issued or granted by any Government Agency, including any renewal or variation thereof; or for anything which a Government Agency may prohibit or restrict within a specified period, the expiry of that period without intervention or other action by thatGovernment Agency.
Business Day means a day on which trading banks are open for business in Melbourne,Victoria, excluding Saturdays and Sundays.
Claim means any claim, allegation, suit, action, demand, cause of action or proceeding(including any prosecution by any statutory authority, in which the authority seeks a pecuniary penalty), irrespective of:
i) when it arises;
ii) whether or not it is actual or contingent; or
iii) whether or not it is at Law (including under contract or tort), in equity or under statute.
Commencement Date means the date upon which this Agreement commences as specified by the FeeSchedule.
Confidential Information means and includes, but is not limited to, information and material which is not in the public domain concerning or relating to:
i) the terms of this Agreement;
ii) the general business operations of Queue Bar including but not limited to customer or client lists, costs and selling price information, trade secrets, know-how, technical knowledge, software, product specifications and/or business and marketing plans; the Intellectual Property; and
iii) and any other commercially sensitive and/or valuable information of Queue Bar in whatever form including without limitation matters not generally known outside of Queue Bar.
Control has the same meaning as in Clause 9 of the Corporations Act.
Controller has the same meaning as in Clause 9 of the Corporations Act.
Copyright means:
i) any Copyright under the Act;
ii) any Copyright under the Law of a country other than Australia; and
Rights in the nature of or analogous to the Rights in(i) and (ii) under the Law of Australia or iii) any other country (including future Copyright and Rights in the nature of or analogous to Copyright).
Corporations Act means the Corporations Act 2001 (Cth);
Customer means a patron of the Venue for whom the DQ System is being used to facilitate the supply and delivery of products from the Venue, or another person who uses the DQ System to purchase products for the supply and delivery of products from the Venue.
DQ System means the System owned and controlled by Queue Bar as detailed in the Fee Schedule;
DQ Web Portal means the Venue’s individual online account hosted by Queue Bar whereby theVenue can securely:
i) access information with respect to the use by it of the DQ System including current and historical App Orders;
ii) from time to time upload, update and amend the Venue Menu in the DQ System; and
access other account information with respect to the DQ System used by the Venue.
DQ Server means a server connected to the internet and controlled by Queue Bar with respect to the DQ System.
DQ Website means websites owned and controlled by Queue Bar in connection to the DQ System, including but not limited to https://getdqd.com, https://treat.link and https://order.getdqd.com.
Fees means the fees payable by the Venue to Queue Bar pursuant to this Agreement as set out in the Fee Schedule;
Fee Schedule means the document named ‘Fee Schedule’ signed by the Venue and forming part of this agreement.
Government Agency means, in any jurisdiction:
i) a government, whether foreign, federal, state, territorial or local;
ii) a department, office or minister of a government acting in that capacity; or
iii) a commission, delegate, instrumentality, agency, board, or other governmental, semi-governmental, judicial, administrative, monetary or fiscal authority, whether statutory or not.
GST has the meaning it does in section 195-1 of the GST Act.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Hardware means mobile devices or accessories sourced and installed in the Venue by Queue Bar to operate the DQ System.
Insolvency Event means, in respect of a party, the happening of one or more of the following events except for the purpose of a solvent reconstruction or amalgamation which has the prior written consent of the other parties:
i) an order is made that it be wound up or that aController be appointed to it or any of its assets; or
ii) a resolution that it be wound up is passed;
iii) a liquidator, provisional liquidator, Controller or any similar official is appointed to, or takes possession or control of, all or any of its assets or undertaking; an administrator is appointed to it;
iv) it enters into, or resolves to enter into, an arrangement, compromise or composition with any of, or any class of, its creditors or shareholders, or an assignment for the benefit of any of, or any class of, its creditors, or process is filed in a court seeking approval of anysuch arrangement, compromise or composition;
v) a reorganisation, moratorium, deed of company arrangement or other administration involving one or more of its creditors is proposed or effected;
vi) it is unable to pay its debts or it is presumed to be insolvent under any applicable Law;
vii) as a result of the operation of Clause 459F(1) of the Corporations Act, it is taken to have failed to comply with a statutory demand;
vii) it stops or suspends or threatens to stop or suspend the payment of all or a class of its debts; or
viii) the conduct of all or a substantial part of its business; or anything having a substantially similar effect to any of the events specified in paragraphs (i) to (vii) happens to it under the Law of any jurisdiction.
Intellectual Property includes but is not limited to:
i) the DQ System;
ii) the API Interface;
iii) the DQ Apps (“DQ Pro”, “DQ” and “Treat”);
iv) the DQ Website
v) DQ Venue Web Portal;
vii) any trade mark, unregistered trade names, all Copyright in any written material, plans, designs or other work relating to the DQ System or any component thereof;
viii) all design Rights relating to the DQ System or any component thereof (whether or not protected by Copyright);
ix) all know-how, technical or other information or expertise, trade secrets or confidential information relating to the DQ System and/or the development of the DQ System or any component thereof;
x) all registration of, and applications to register, any of the foregoing with respect to the DQ System or any component thereof;
xi) all Rights in the nature of the foregoing with respect to the DQ System in any jurisdiction and all Rights in the nature of unfair competition Rights or Rights to sue for passing-off relating to the DQSystem or any component thereof, in each case belonging to Queue Bar.
Intellectual Property Rights means all present and future intellectual and industrial propertyRights conferred by Law, statute, at common law or in equity wherever those Rights might arise, including:
i) Copyright, patent Rights, designs, Rights in circuit layouts, trade marks, Rights in relation to inventions, computer source codes, software Rights, and all other results of intellectual effort in the scientific, industrial, literary or artistic fields, whether or not registered or capable of registration;
ii) any application or Right to apply for registration of any of those Rights;
iii) any registration of any of those Rights or any registration of any application referred to in item (i); and all renewals and extensions of those Rights.
Invoice means a tax invoice under section 29-70 of the GST Act.
Licensed Premises means the premises with respect to which a licensee is authorised under the relevant Applicable Liquor Law for the sale and consumption of liquor to the public.
Liquor Licence means the licence issued to the Venue pursuant to the relevant ApplicableLiquor Law whereby the Venue is authorised to supply liquor at the LicensedPremises.
Law means any statutes, regulations, ordinances, common law or rule of equity.
Loss means any damage, debt, loss, foregone profit, penalty, fine, expense, liability or costs(whether incurred or contingent).
Month means a calendar month.
Obligation means any legal, equitable, contractual, statutory or other obligation, agreement, covenant, commitment, duty, undertaking or liability.
Payment Processor means a third party merchant provider or Bank with the facility to process credit or debit card payments for App Orders.
Products means products or services of the Venue offered for sale, sold, supplied, served and/or provided by the Venue via the DQ System.
Privacy Policy means Queue Bar’s Privacy Policy available at https://getdqd.com/tos.
Point of Sale means any other hardware or software system in use for the processing of customer orders and transactions.
Related Person means:
i) any employee, agent, consultant, adviser, officer, subsidiary, successor or Related Body Corporate of a party;
ii) a shareholder of a party;
iii) a director, secretary or officer of the party;
iv) an entity or person that controls the party; and
v) an entity that is controlled by an entity or person that controls the party,
(where ‘control’ and ‘Related Body Corporate’ have the meaning given in the Corporations Act Cth 2001).
Right includes a legal, equitable, contractual, statutory or other Right, power, authority, benefit, privilege, remedy, discretion or cause of action.
System Updates means fault corrections, performance improvements or other functionality enhancements with respect to the DQ System.
Term means the period asset out in Clause 13.
Terms and Conditions means the terms and conditions of this agreement.
User means an employee of the Venue who facilitates the sales and supply of Products from theVenue to Customers using the DQ Pro app.
Venue Menu means the Venue’s menu of Products displayed in the DQ System (as amended from time to time) including the current price list for such Products (includingGST); and any other data uploaded by the Venue onto the DQ System from time to time.
Unless the context otherwise requires:
a) words imparting the singular include the plural and vice versa;
b) a word imparting a gender includes the other gender;
c) a reference to a person includes an individual, a partnership, a body corporate, a joint venture, an association (whether incorporated or not), a government and a government authority or agency;
d) a reference to a party or a person includes the party’s or the person’s executors, legal personal representatives, successors, transferees and assigns;
e) a reference to a part, clause or party is a reference to a part or clause of, or a party to, this Agreement;
f) a reference to this Agreement includes the recitals and any schedules, annexures, exhibits or attachments to this Agreement;
g) a reference to legislation includes any statutory modification or replacement and any subordinate or delegated legislation issued under such legislation; and
h) if the day on which anything is to be done is not a Business Day it shall be done on the next Business Day.
PRIVACY POLICY
1. ABOUT THIS POLICY
Queue Bar Pty Ltd (Queue Bar) is bound by the Privacy Act 1988 (Cth). This Policy sets out how Queue Bar collects, uses and discloses information about its users in accordance with the Act.
By accessing or using the DQ System (the System) you agree to the collection, use and disclosure of information in the manner set out in this Policy.
We recommend that You carefully read this Policy before You use or submit information to the System.
We may change this Policy at any time. You should regularly check the Our Website for changes to the Policy.
You should not use or submit personal or Venue information to the System if You do not agree to this Policy.
2. DEFINITIONS
For the purposes of this Policy, unless the context otherwise indicates, the definitions set out below and in Queue Bar’s Terms & Conditions apply to this Policy.
“DQ System” means the cross-platform mobile applications known as DQ and includes:
the API Interface;
the DQ Pro and DQ Apps (The DQ Apps);
The DQ Server;
The DQ Database;
the Website;
the DQ Venue Web Portal;
“Terms & Conditions” means Queue Bar’s Terms & Conditions as amended from time to time;
“User” means a person accessing, downloading or otherwise using the DQ System. This includes but is not limited to owners, representatives and employees of a Venue who subscribes to the System and/or browses, views, accesses, orders through or otherwise uses the System;
“Venue” means a venue who uses the DQ System and DQ Apps;
“Website” means www.getdqd.com and related web pages.
“You” or “your” refers to the User of the DQ System.
3. YOUR INFORMATION
In order to offer the services it provides, Queue Bar may collect information about its Users and the use of the System.
Personal information collected by Queue Bar may include:
· Name, email address, contact phone number of a User;
Other information collected by Queue Bar may include:
· the services provided to You via the DQ System;
· Menu items and prices uploaded onto the DQ System; and
· records of orders, transactions and communications between Queue Bar, Users, Venues and/or third parties who supply Products and Services to You via your use of the System.
If You choose not to provide Queue Bar with certain information, Queue Bar may not be able to provide You with the services You require or offered by the use of the System.
4. COLLECTION OF YOUR INFORMATION
Queue Bar collects personal information about Users when they provide this information directly via data submitted into the DQ Apps;
Queue Bar collects business information:
· when the User or Venue provides the information directly to Queue Bar in person, by phone or in writing, including forms and data submitted via the System; and
· By recording User interactions, transactions and other communication data passed between components of the System (including, but not limited to, the DQ Apps, DQ Server and DQ Database)
5. USE OF YOUR INFORMATION
Queue Bar may use the information it collects for the following purposes:
· to provide You with the services You request via your use of the DQ System;
· to administer and manage those services, including charging and billing;
· to research, develop and improve the DQ System and other services provided by Queue Bar or proposed to be provided by Queue Bar;
· to verify information You provide, including Your identity, to perform credit checks or other checks to prevent fraud;
· to promote and market Queue Bar’s services to You (unless You have contacted Queue Bar to advise that You would not like to be contacted for promotional and marketing purposes);
· to provide Venues with a mailing list of customers based on age bracket, purchase amounts and purchase habits; and
· to aggregate and package non-personal and unidentifiable transaction, demographic and behaviour data for disclosure to clients, suppliers and other third parties with whom We have commercial relationships, for business, marketing, and related purposes.
6. DISCLOSURE OF YOUR INFORMATION
Queue Bar may disclose Your information to other individuals and organisations for the purposes of providing You with the services requested via Your use of the System, including:
· Queue Bar’s officers, employees, contractors and agents;
· service providers engaged by Queue Bar to assist it in providing the services, information technology providers, marketing market research advisers, professional advisers, suppliers and other third parties with whom We have commercial relationships, for business, marketing, and related purposes;
· organisations involved in a sale or transfer of Queue Bar’s assets, business or shares; and
· government and statutory authorities as provided by law.
7. ACCESS TO INFORMATION AND ACCURACY
You have a right to access Your information held by Queue Bar relating to your Venue or Guests and to correct any information that is out-of-date or incorrect.
If You wish to access, update or correct Your information please contact Queue Bar.
Queue Bar reserves a right to charge a fee for searching for and providing access to Your information.
8. ANONYMOUS INFORMATION AND COOKIES
When You use the DQ System, Queue Bar may record anonymous information such as Your IP address, your unique device identifier and the time and date You accessed the DQ System.
Cookies may be used by Queue Bar to enable a User to be provided with the full range of services offered by the DQ System, to remember the User’s preferences, to measure and analyse usage of the DQ System and for security.
Cookies may also collect and store Your personal information. This Policy applies to information collected in this way.
You may adjust Your Internet browser and or downloaded DQ Apps to disable cookies, however this may result in You not being able to access the full range of the DQ System’s services.
9. SECURITY
Personal information collected by Queue Bar is stored securely to reasonably protect You from the misuse, loss and unauthorised access, modifications or disclosure of Your personal information.
10. CONTACT DETAILS
If You would like more information about Queue Bar’s Privacy Policy, or if would like to make a complaint or access or change Your personal information please contact Queue Bar.
Attention: Queue Bar Privacy Officer
Email: privacy@getdqd.com
End User Terms
1. INTRODUCTION
The cross-platform web application known as the DQ App (DQ App, DQ, Treat and Treat Link) and the DQ website www.getdqd.com (Our Website) are owned and operated by QUEUE BAR PTY LTD (ACN 169 609 232) (ABN 69 169 609 232) ("Queue Bar", "We", "Our" and "Us").
By accessing, downloading or otherwise using the DQ App or Our Website, You (the customer or User) (You, Your and User(s)) agree to be bound by the following terms and conditions as an agreement binding upon You (Terms).
Queue Bar provides the information and services on the DQ App and Our Website in accordance with these Terms together with any additional terms, conditions, notices or disclaimers placed on the DQ App and/or Our Website from time to time which will be automatically incorporated into these Terms.
If You have any queries about the DQ App or these Terms, You can contact Us by any of the means set out in clause 24 of these Terms. If You do not agree with these Terms, You should stop using the DQ App immediately.
Your access to and use of the information, materials and services provided on the DQ App or Our Website is conditional upon Your compliance with these Terms.
Queue Bar reserves the right to amend, modify, add to or delete any of these Terms from time to time, and such modifications shall be effective immediately upon posting of the modified terms on the DQ App and/or Our Website.
By continuing to use the DQ App after such modified terms have been posted on the DQ App and/or Our Website, You agree to be bound by these Terms as modified. All changes are effective when We post them and thereafter apply to Your access and use of the DQ App and the services using the DQ App.
2. SERVICES
The DQ App connects Users with licensed suppliers (i.e licensees) of liquor, alcohol, food and goods (Products) within licensed premises and who are registered with Queue Bar (Licensed Venue) in order to facilitate the sale and service of Products by Licensed Venues to Users.
In these Terms, the terms “licensee” and “licensed premises” have the meanings ascribed in the Liquor Control Reform Act 1998 (VIC).
The DQ App serves as an electronic information, communication and purchase tool that is significantly tailored and enhanced for the purpose of facilitating the electronic ordering, sale and service of Products from Licensed Venues to Users within licensed premises and securing payment for same. As such, We do not sell, serve or deliver Products or provide logistics, quality control or services related to the sale and service of Products.
You acknowledge that We are not a supplier of Products and that We are not involved in the actual transaction between Licensed Venues to Users. We have no control over and do not guarantee the quality, safety or legality of items advertised by Licensed Venue’s on the DQ App, the truth or accuracy of Licensed Venues’ content or listings or that a Licensed Venue and User will actually complete a transaction or deliver an item.
When You place an order via the DQ App (App Order), You enter into a transaction and create a legally binding contract directly with a Licensed Venue. You must ensure that You comply with Your obligations to that Licensed Venue and are aware of any laws relevant to You as a buyer of the Products. If a Licensed Venue breaches any obligation to You, You – not Queue Bar – are solely responsible for enforcing any rights that You may have against the Licensed Venue.
You alone, and not Queue Bar, are responsible for ensuring that any App Order You place via the DQ App is lawful. You must ensure that You comply with all applicable laws in Australia. You must also ensure that You strictly comply with these Terms, the policies which form part of these Terms and any terms and conditions of sale communicated to You by a Licensed Venue.
We do not take possession or ownership of any Products bought and sold via the DQ App at any time and do not transfer legal ownership of items from the Licensed Venue to Users.
Queue Bar is not Your agent for any purpose in relation to these Terms or Your use of the DQ App.
Queue Bar only acts as an agent for the Licensed Venue in displaying a Licensed Venue’s menu of Products (Product Menu) and facilitating the sale and purchase of Products by a Licensed Venue within a licensed premises.
The Product Menu will display details of the relevant Licensed Venue’s Products for sale via the DQ App, the price list for the Products, any applicable taxes (including GST) and any rules, policies and terms and conditions of sale relating to those Products at the time of purchase of Products (Venue Supply Terms). A Licensed Venue may change its Product Menu and Venue Supply Terms at any time but once an App Order is placed by You via the DQ App, the Licensed Venue is obliged to fulfil the App Order in accordance with the Venue Supply Terms but subject always to Your compliance with these Terms.
Each Licensed Venue is the seller of the relevant Products and is solely responsible for fulfilling the supply of its Products purchased by You via the DQ App.
3. USERS AND ACCOUNTS
The DQ App is not intended for use by anyone under the age of 18 or if You are outside Australia, You are of legal age in your state and country of purchase and/or consume alcohol. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE APP. By accessing, using and/or submitting information to or through the DQ App, You represent that You are at least the age of 18, or, if outside Australia, You are of legal age in Your state and country of purchase and/or consume alcohol.
In order to make a purchase from a Licensed Venue using the DQ App, You may be required to provide Your details as a User with Queue Bar (DQ App Account). You confirm that the information You provide upon registration is current, complete and accurate at the time. Information provided by You will be used in accordance with Queue Bar’s privacy policy, which is set out at the end of these Terms and on Our Website (Privacy Policy).
You must have a valid credit card, debit card or digital wallet account in order to use the DQ App to make purchases.
In order to make a purchase using the DQ App, You will need to scan the QR code at your table, or follow the URL provided by The Venue or a User, select the Products You wish to purchase and when prompted click on Payment Method, and select either payment by redemption of credit card, debit card or digital wallet (using the Gateway “Stripe”). Third party surcharges on Your method of payment may apply.
You agree to pay all fees pursuant to these Terms for purchases of Products provided to You by a Licensed Venue via the DQ App or provided to another User You have chosen to receive such Products. All fees for purchases of Products shall be processed by charging Your credit card, debit card or digital wallet account at the time of Your purchase transaction.
On behalf of the Licensed Venue, We will provide You with an electronic invoice for any Products purchased by You using the DQ App. Queue Bar bears no responsibly for the accuracy of any invoices provided on behalf of the Licensed Venue.
You are responsible for providing the equipment and services that You need to access and use the DQ App. We do not guarantee that the DQ App are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in Our sole discretion at any time, to terminate Your right to access and use the DQ App or any component of it and to block or prevent future access to and use of the DQ App any related information. Any obligation or liability incurred prior to Our termination of Your access to the DQ App will survive such termination.
4.RULES FOR PURCHASE OF PRODUCTS
a) If You place an App Order for a Product containing alcohol, You warrant that You are above the age of eighteen (18) or, if outside Australia, You are of legal age in your state and country of purchase and/or consume alcohol.
b)Y ou further warrant that the owner or User of any device which You use to place an App Order for alcohol (Nominated Device) is of above the age of eighteen (18) or, if outside Australia, you are of legal age in your state and country of purchase and/or consume alcohol.
c) You acknowledge that the Licensed Venue is entitled in its sole discretion to refuse to accept an App Order or provide a Product where to do so would be contrary to the Licensed Venue’s legal obligations, including those in respect of the responsible service of alcohol.
d) Neither Queue Bar nor the Licensed Venue(s) have any liability to You in respect of any refusal on the part of a Licensed Venue to accept an App Order or provide a Product, or any action taken against You in connection with an attempt to make a purchase via the DQ App in breach of these Terms, any Venue Supply Terms or applicable law.
e) If You place an App Order via the DQ App which is accepted by the Licensed Venue (App Purchase), You may have the right to cancel the App Purchase prior to the commencement of the preparation by the relevant Licensed Venue of the food or drink the subject of the App Purchase (Commencement Time). Where you use a URL provided to you by another User to place an App Order via the DQ App, you will not have the right to cancel the App Purchase after acceptance by the Licensed Venue.
f) If You place an App Order for a Product under which You are obliged to collect the Product from a location within the Licensed Venue’s venue (Collection Order) and You do not collect the Product within ten (10) minutes of the DQ App notifying You that the Collection Order is ready for collection (Collection Period), the Licensed Venue may elect to discard the App Purchase Product. In such circumstances You will not be eligible for refund from the Licensed Venue.
g) You must confirm and pay for all App Purchases via one of the mechanisms contained on the DQ App prior to the completion of the transaction.
h) An App Purchase cannot be changed, cancelled or refunded after the Commencement Time without the consent of the Licensed Venue (which may be withheld in its absolute discretion).
i) In the event that You or the Licensed Venue cancels Your App Purchase in compliance with these Terms, the Licensed Venue will issue a refund within a reasonable period of time via the Stripe Merchant Portal subject to the refund policy contained in these Terms.
j) An App Purchase may not be combined with any other offer unless otherwise specified by the Licensed Venue or advised on the DQ App.
k) An App Purchase will not be refunded except as permitted under these Terms or otherwise as required by law.
l) An App Purchase cannot be exchanged for cash.
5. ADDITIONAL TERMS ON THIS DQ APP
In addition to these Terms important notices may be posted on the DQ App and Our Website. Your use or ongoing use of the DQ App means that You also accept the terms, conditions, notices, disclaimers and policies posted on the DQ App or Our Website. Queue Bar reserves the right to modify these notices at any time.
The additional terms include, but are not limited to any Disclaimer and Copyright, Cookies and Privacy Policy of Queue Bar.
6. INTELLECTUAL PROPERTY
All the material displayed on or available on the DQ App or Our Website, including content, data, information, tables, text, designs, graphics, layouts, names, logos, reports, articles, tools, email communications, source code and software, is owned or used under license by Queue Bar, and is protected by copyright, trademark and other intellectual property laws. You agree not to infringe any intellectual property rights owned by Queue Bar. Queue Bar reserves all of its rights under this clause.
7. PERSONAL USE ONLY
You agree that information contained on and services provided by the DQ App are intended for personal, non-commercial use only. The DQ App must not be used by You for any commercial purpose. You must not modify, copy, reproduce, publish, transmit, publicly display, create derivative works of, distribute or otherwise exploit in any way any material from or any part of the DQ App or Our Website including any code or software.
You may not save or archive any significant portion of the material appearing in or on the DQ App or Our Website. All rights not expressly granted herein are reserved by Queue Bar.
8. RESPONSIBLE USE OF THE DQ APP
You may only use the DQ App for lawful purposes and in accordance with these Terms. You may not use the DQ App:
a) for any purpose that is unlawful or prohibited by these Terms;
b) to cause harm or damage to any person or entity;
c) interfere with the proper operation of the DQ App; or
d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libellous, abusive, obscene or otherwise objectionable material (as determined by Queue Bar in its sole discretion).
You agree to defend, indemnify and hold harmless Queue Bar and its parents, affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers from and against any actual or threatened claims, actions or demands, liabilities and settlements (including, without limitation, reasonable legal and accounting fees) resulting (or alleged to result) from Your use of the DQ App in any manner that violates or is alleged to violate any applicable law or these Terms.
9.NO RELIANCE
Queue Bar provides no guarantee or warranty to You that the services available through the DQ App will be free from variation, uninterrupted, error-free, secure, or that defects in the service will be corrected.
Whilst Queue Bar will endeavour to maintain ongoing access, access to the DQ App may be suspended, restricted or terminated at any time. Queue Bar will not be liable for any software or hardware issues that may reside at Your end that limits or interferes with the services provided by Queue Bar.
10. SOFTWARE LICENCE
Queue Bar grants You a non-exclusive, revocable, non-transferable licence to use its software on a server controlled by Queue Bar, for the sole purpose of accessing and obtaining information from the DQ App and/or Our Website pursuant to these Terms.
11. THIRD PARTY LIABILITY
Queue Bar is not responsible for the content of any Licensed Venue(s) information, Product Menus, Venue Supply Terms, third party content, external webApps, menus, networks, advertisements, directories, software, servers, products and services, databases, information systems and the internet as a whole (Third Party Content) which You may access from the DQ App, Our Website or which is hyperlinked to the DQ App or Our Website from time to time.
Links provided within the DQ App and Our Website will allow You to connect to other websites and services that are not under Queue Bar's control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at Your own risk
Queue Bar accepts no responsibility nor liability for promotions shown or advice given in Third Party Content. Queue Bar is not liable for any loss or damage incurred as a result of reliance by You on any Third Party Content.
12. SECURITY OF INFORMATION
While Queue Bar takes all due care in ensuring the privacy and integrity of the information You provide, Queue Bar cannot always ensure that its computer systems, network resources, files available for downloading and email communications will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected. Should this occur, Queue Bar disclaims all liability to You to the full extent possible pursuant to law.
13. PUSH NOTIFICATIONS & SMS
If the DQ App includes push notifications, SMS or other mobile communication capability, You hereby approve Our delivery of electronic communications directly to Your Nominated Device. These notifications, including badge, alert or pop-up messages, are delivered to Your Nominated Device even when it is running in the background. You have the ability, and it is Your responsibility, to control the notifications You do, or do not, receive through Your Nominated Device.
14. LIMITATION OF LIABILITY
Queue Bar acknowledges that provisions in the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time in force imply or impose statutory guarantees, conditions or warranties into contracts for the supply of services which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent (Non Excludable Terms). Nothing in these Terms is intended to exclude or restrict the application of the Non Excludable Terms. Other than the Non Excludable Terms, Queue Bar hereby excludes all conditions, warranties, guarantees, terms and obligations expressed or implied by law in connection with these Terms, or any services provided under or pursuant to them, the DQ App and/or Our Website.
Queue Bar is not liable to You or any other person for any loss or claim of any kind in connection with these Terms, the DQ App and/or Our Website or any services provided under any of them, except to the extent caused directly by the negligence or wilful misconduct of Queue Bar.
If any Non Excludable Terms apply, then to the extent to which Queue Bar is entitled to do so, its liability under those Non Excludable Terms will be limited at its option to:
a) the supplying of the services again; or
b) the payment of the cost (if any) of having the services supplied again.
To the extent permitted by law, Queue Bar will be under no liability to You or any third party in any circumstances for any indirect, special or consequential loss or damage, including but not limited to loss of revenue or loss of profit howsoever arising and whether in an action in contract, tort, in equity, under statute, or on any other basis.
Notwithstanding anything to the contrary contained in these Terms, Queue Bar’s liability to You for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Queue Bar for Our services during the term of Your use of the DQ App.
15. INDEMNITY
To the extent permitted by law, You agree to indemnify Queue Bar against any claim, loss, liability or damage, costs, charges and expenses (including Queue Bar’s legal costs on an indemnity and/or solicitor/own client basis) suffered or incurred by Queue Bar which arise directly or indirectly in relation to Your use of the DQ App in violation of these Terms and/or arising from a breach of these Terms and/or any breach of Your representations and warranties set forth in these Terms.
16.NOTICE
You agree to promptly inform Queue Bar of any breach by You of these Terms and of any conduct of any other person which You think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.
17.PRIVACY
The privacy and security of Your information is important to Queue Bar. Our Privacy Policy is incorporated into these Terms and also governs Your use of the DQ App. To the extent there is a conflict between the terms of the Privacy Policy and these Terms, these Terms govern.
The Privacy Policy describes the data that We gather about or from Users of the DQ App and how We process, use and share that data. By using the DQ App, You consent to all actions that We take with respect to Your data consistent with Our Privacy Policy.
18. ACKNOWLEDGEMENT
By accessing and/or using the DQ App or any of the services within the DQ App, You acknowledge that You have read and agree to be bound by these Terms.
By use of this DQ App to purchase alcohol You acknowledge, warrant and agree that:
a) You (and anyone for whom You are purchasing alcohol via the DQ App) are above the age of eighteen (18) or, if outside Australia, you of legal age to purchase and/or consume alcohol in your state and country;
b) You satisfy all legal requirements for the purchase and/or consumption of alcohol in each State and Territory of Australia, or if outside Australia, your state and country;
c) You are the owner or User of the Nominated Device which You use to order the alcohol; and
at no time while using the DQ App will You purchase alcohol drinks whilst intoxicated.
19. PURCHASES
You acknowledge and agree that Queue Bar is not a supplier of Products and that Products supplied pursuant to App Orders placed by You via or using the DQ App will be supplied by the relevant Licensed Venue(s) from whom You have purchased the Products via or by using the DQ App.
All App Purchases made by You via or using the DQ App are made directly between You and the relevant Licensed Venue. All App Purchases are subject to the relevant Licensed Venue(s)’ Venue Supply Terms and these Terms.
While using the DQ App, You agree that You will not fail to deliver payment for items purchased by You using the DQ App.
A Venue may change the Product Menu at any time but once an App Order is placed, the Venue is required, subject to Your compliance with these Terms, to fulfil the App Purchase in accordance with the Venue Supply Terms and these Terms.
20. FEES AND SERVICES
We do not charge fees to Users for their use of the DQ App.
When You use the DQ App to make an App Purchase from a Licensed Venue, You will have an opportunity to review and accept the fees that You will be charged by the Licensed Venue.
Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with Your use of DQ App and any App Purchases made using the DQ App in a timely manner using one of the valid payment methods.
21. COMPLETION OF APP PURCHASES
In order to place an App Order and complete an App Purchase, You must at all times comply with the Venue Supply Terms of the relevant Licensed Venue. The Licensed Venue reserves the right to refuse to complete an App Purchase in line with its Venue Supply Terms and relevant laws.
The Licensed Venue may at anytime request any recipient of an App Purchase to provide proof of identification and verification of age and may decline to complete an App Purchase for failure to provide a satisfactory form of identification and/or verification of age.
In the case where the Licensed Venue declines to accept an App Order or complete an App Purchase, it will be responsible for refunding the value of Your App Purchase in full.
22. REFUNDS
Neither Queue Bar nor a Licensed Venue bears any liability to You or obligation to provide a refund where You do not receive a Product because of Your failure to comply with these Terms. Eligible refunds from the Licensed Venue will be processed within a reasonable period of time.
Neither Queue Bar nor the Licensed Venue(s) have any obligation to provide a refund for accidental, unintentional, incorrect or unauthorised use of the DQ App or Your DQ App Account (including as a result of a failure by You to keep secure Your username, password and/or Nominated Device) and/or operation of a Nominated Device which results in a purchase of Products expiring or becoming void prior to being redeemed.
23. ACCOUNT TERMINATION
Queue Bar reserves the right to disable or terminate access to the DQ App if it deems that the User is in breach of these Terms.
24. GENERAL PROVISIONS
These Terms are made in and governed by the laws of Victoria, Australia.
Termination of these Terms will not end those provisions that are capable of surviving the ending of any agreement formed under or by these Terms.
The failure of Queue Bar to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such a right or provision.
Should any part of these Terms be held to be void or unlawful, such part is to be read and enforced as if the void or unlawful part had been deleted.
If You have any questions, please feel free to contact Us at:
Email: hello@getdqd.com