Terms and conditions

We care about your experience!

Because of this, we want to create a lasting relationship with you, and so we have written these Terms and Conditions (T&C’s) so that you know what to expect when ordering through our mobile ordering service. We have tried to keep these T&C’s as casual as possible, avoiding legal jargon where we can. If anything sounds unfair, please drop us a line at DataPOS. We will work with the digital team to sort it out.

Please have a good read of these T&C’s. By using the ordering application and by placing an order, you agree to accept these T&C’s.

We may from time to time amend, update or change this web site including these T&C’s without prior notice. You will always find the latest version here, so keep checking from time to time.

These Terms and Conditions were last updated on 20 Dec 2016.

1) About the ordering Service. The mobile ordering web site (“Application”, “Service”) is licensed to Brod Industries Pty Ltd (“Brod Industries” “our,” “us,” or “we”) (ABN: 81 151 518 777) by DataPOS Technologies Pty Ltd (DataPOS) (ABN 88 609 658 460). We sell our products to you (“You”, “you”, “user”) via this Service and we maintain the information on the Application.

2) How to Place an Order.
(1) Make sure that you know where to pickup your order and that you are able to pick it up within the estimated or scheduled wait time.
(2) Choose and review what you want to eat.
(3) Let us know your phone number so we can send you a pickup alert notification.
(4) Enter your credit card details for secure payment through a trusted payment gateway.
(5) Wait for order acceptance and enter your email for a receipt.
(6) Make your way to the pickup location while youtrack your order progress on the wait screen.
(7) Ask us for your order and present us with your order ID after you receive the SMS notification alert.

3) Is your information secure and who sees your Credit Card details? We do not personally see your credit card details and neither does DataPOS. We use a trusted third party payment gateway authorised by all the major Australian banks. See www.fatzebra.com.au for details on their security and compliance. All your data is encrypted using secure socket layer (SSL) technology. We do not personally store usable credit card information. Where a record is required or where you consent to saving credit card information, we entrust a third party payment gateway. Payment is made by requesting payment on your behalf to the third party payment gateway. A few of the first and last digits of your credit card may be requested from the payment gateway by DataPOS in order to provide you with receipt information that complies with our bank’s e-commerce regulations.

4) What information we collect about you. Your phone number, optionally your email, and details of food & beverage orders only.

We need these to complete your order purchase. We won’t contact you at other times, unless you ask to receive deals and offers by checking the unchecked checkbox when you supply your email.

We do not personally store your data unless you have asked to participate in deals & offers. Where additional service data is required to be collected and stored for the purpose of delivering the Service to you, we entrust the licensor of this Application, DataPOS.

Five categories of information may be collected and stored by our technology partner, DataPOS in order to deliver this Service: a) Personal Information (phone and email), b) Technical Information (IP address, cookies, page requests), c) Activity History (purchasing history), d) Location Based Information, e) Credit Card Information (DataPOS does not collect or store your credit card information, we entrust a secure payment gateway, see 3) above. They may request a few digits of your card from the payment gateway to comply with banking requirements).

DataPOS or Brod Industries may need to contact you from time to time to assist us with fulfilling your orders or improving their Service.

For a comprehensive list of data practices, please refer to DataPOS’s Privacy Policy at https://datapos.com.au/privacy-policy

Questions on security and privacy? Email: privacy@datapos.com.au

5) Opting in and out. You may opt out from the correlation of passive activity data by turning off cookies in your browser. Please note however that disabling cookies may result in a reduction of available functionality or Services including but not limited to the loss of the ability to place orders, or receive alerts, order confirmation receipts and other important communication required to fulfill your order.

When you supply us with your email address you may be asked to opt in to receive marketing information by e-mail or other means. You will be given the opportunity to opt out from receiving further communications from us in accordance with this policy each time we send you information for which you have opted in. This comes in the form of an ‘unsubscribe’ link, generally in the footer and/or header of each email.

If you receive any communication that sounds like it is from us but it is not, please contact DataPOS immediately.

6) Inventory Problems. Even though we try our very best, sometimes it gets so busy that we may run out of ingredients before we can update our inventory. If there are any problems and you have already paid for your order, but we have run out of some ingredients to make your order, we will contact you via the phone number you provided to offer you something else, or a refund.

7) Technical Problems? Please locate a manager in the venue and we will find your order. You will always be able to track your order using the app or web site. The web site’s URL link will also be in the email receipt sent to you. Make sure you are using the same device (smartphone or tablet) you used to order. If you don’t provide your email and you loose the order tracking link, come to the venue and wait for your pickup SMS. If you don’treceive your SMS, we will find your order.
8) Think you need a refund? Unhappy with what you got or you simply didn’t get it? We are really sorry! Please talk a manager at the venue as soon as you can so we can fix it.

Refund disclaimer: Because it is expensive to provide refunds, we can’t give refunds if your order isn’t picked up within a reasonable time frame of receiving your pickup alert, or if you accidently place an order, change your mind, or forget your order.

9) Are you under 18? Sorry, but you’re not old enough to enter into contracts yet, so you’ll have to get a legal guardian to agree to this on your behalf.

10) We need your real information. We need to contact you so we can give you great service. You represent and warrant that all information that you provide in connection with the Application or the Service will be current, true, accurate, supportable and complete.

11) Consent to Receive E-mail & Text Messaging associated with the Service and Application. YOU CONSENT TO RECEIVE E-MAIL, TEXT MESSAGES OR VOICE CALLS FROM OR ON BEHALF OF US, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESS AND OTHER INFORMATION MAY BE USED BY US AND DataPOS FOR THE PURPOSE OF PROVIDING YOU WITH THE SERVICE AND APPLICATION.

12) Intellectual Property. Thinking of using anything from this web site or Application?

All material contained within this web site or Application is the property of DataPOS Technologies Pty Ltd, its affiliates or us and protected by copyright. Except as permitted by relevant copyright legislation or with the prior written approval of DataPOS Technologies Pty Ltd or its affiliates, or us, the material may not be otherwise used, copied, reproduced, published, stored in a retrieval system, altered, transmitted, reverse engineered in any form or by any means in whole or in part.

The trade marks appearing on this web site are primarily our trade marks, DataPOS’s, or their affiliates. Other trade marks displayed on this web site are trade marks of their respective owners. The trade marks must not be used or modified in any way without the express written permission of us, DataPOS, orthe relevant affiliate.

13) License Terms. When you use this Application, it is not being sold to you, instead you are licensing it from DataPOS and DataPOS can remove that license from you if you do something bad.

14) Restrictions on Use – what these bad things are. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Application. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open- sourced components included with the Application). Any attempt to do so is a violation of the rights of DataPOS and us. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by DataPOS that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

15) Are you thinking of buying liquor through the Application? If you’re under 18, you agree not to purchase liquor! In general, we have to refuse to supply you liquor in accordance with the Responsible Services of Alcohol laws within your state or territory.

16) IT IS AN OFFENCE TO SUPPLY ALCOHOL TO A PERSON UNDER THE AGE OF 18 YEARS PENALTIES APPLY

17) Menu, pricing and venue information. We will attempt to keep all prices, venue opening times and item availability up to date. Sometimes, we may suddenly run out of key ingredients and we may not be able to update our systems in time. We’re really sorry, but this means we will have to contact you. We may also change prices and other details on the web site and we won’t get a chance to tell you about it before you see those changes on this web site.

18) Limitation of liability. To the extent permitted by law, Brod Industries’s liability in relation to any product purchased as a consequence of your use of this web site or Application is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to Brod Industries for the product.

Neither DataPOS nor Brod Industries will be liable for any direct, incidental, consequential or indirect damages, faults with the Service or Application, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use this web site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.

19) Disclaimer. Your use of the material contained on this web site or Application is at your sole risk. Any information and data is provided on an as is basis and excludes any warranties which may be excluded by law. We reserve the right to change any of the material on this web site or Application at any time.

20) Modifications. We may modify these terms from time to time. Keep checking this site for the latest T&C’s.

21) We hope you enjoy using this Application!