Terms of Use

This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and YQueue Singapore Pte Ltd (UEN No: 201624243Z), whose registered address is Blk 213 Henderson Road, #02-04, Singapore 159553, (“YQueue”, “us” or “we”) for the YQueue, YQueue Merchant and QR Dining mobile application software (“YQueue Apps”); the web portal for the YQueue Apps available at https://www.yqueue.co/au (“YQueue Website”), other sites of ours including https://order.yqueue.co (“Service Sites”), the use of YQueue self-service Kiosks (“YQueue Kiosks”) and all services, features, tools, software, data and content supplied or otherwise accessible through the YQueue Apps, YQueue Website, Service Sites or YQueue Kiosks, including as may be updated, upgraded or supplemented by YQueue from time to time (collectively, the “YQueue Services”)

We license use of the YQueue Services to you on the basis of this EULA and, for the YQueue Apps, subject to any rules or policies applied by any appstore provider or operator from whose site (“YQueue Appstore”) the End-user downloaded a YQueue App (“YQueue Appstore Rules”) in accordance with clause 17.10 . We do not sell the YQueue Services to you. We remain the owners of the YQueue Services at all times

For the purposes of this EULA, “Merchant” means an establishment that offers, via the YQueue Services, any product or service that it supplies, or makes available for supply, to you, including any type of food or beverage

Agreed Terms:

1. Acceptance of terms of service

   1. By downloading a YQueue App from the YQueue Website or YQueue Appstore, or otherwise accessing or using any part of the YQueue Services, you agree to the terms of this EULA which will bind you. This EULA includes, in particular, the Data Protection Policy defined in Clause 17.4 .
   2. The terms of this EULA apply to the YQueue Services, including any updates, upgrades or supplements to any YQueue Service, unless they come with separate terms, in which case those terms apply and take precedence over any term that is inconsistent with this EULA. If any open-source software is included in the YQueue Service, the terms of an open-source licence may override some of the terms of this EULA. You can find a list of all current open-source software included in the YQueue Services at: https://www.yqueue.co/au/legal/open-source-licences (as may be updated from time to time)
   3. If you do not agree to the terms of this EULA, you must not access or use the YQueue Services
   4. In order to use the YQueue Services, you must be at least 18 years of age and have the right and legal authority to enter into this EULA on your own behalf

2. Grant and scope of license

   1. In consideration of you agreeing to abide by the terms of this EULA, we grant you the right to access and use the YQueue Services for their intended purpose in accordance with this EULA. Without limiting the foregoing, we grant you a non-transferable, non-sublicensable, non-exclusive revocable licence to download, install and/or use (as applicable) the YQueue Apps and YQueue Services, including on any mobile telephone or handheld devices that you use to access the YQueue Apps and the YQueue Services (“Devices”), strictly for personal, non-commercial use only, and subject to these terms . You may also receive and use updates of the YQueue Apps incorporating “patches” and corrections of errors as we may provide to you. We reserve all other rights.

3. License restrictions

   1. Except as expressly set out in this EULA or as permitted by applicable law, you agree:
      1. not to copy the YQueue Services except where such copying is incidental to normal use of the YQueue Services;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the YQueue Services;
      3. not to make alterations to, or modifications of, the whole or any part of the YQueue Services, or permit the YQueue Services or any part of it to be combined with, or become incorporated in, any other programs;
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the YQueue Services or attempt to do any such thing
      5. to keep all copies of the YQueue Services secure and to maintain accurate and up-to-date records of the number and locations of all copies of the YQueue Services;
      6. to retain, and not remove, our copyright notice or branding on all entire and partial copies you make of the YQueue App on any medium;
      7. not to provide or otherwise make available the YQueue Services in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
      8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the YQueue Services,
         together, the “Licence Restrictions”, in each case, to the extent such Licence Restrictions are applicable to the relevant YQueue Services.

4. Acceptable use restrictions

   1. You must:
      1. not use the YQueue Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the YQueue Services or any operating system;
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the YQueue Services, including the submission of any material (to the extent that such use is not licensed by this EULA);
      3. not use the YQueue Services to transmit any material in violation of law or the rights of any person, including material that is spam, direct marketing, defamatory, offensive or otherwise objectionable, or in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      4. not collect or harvest any information or data from any YQueue Services or our systems or attempt to decipher any transmissions to or from the servers running any YQueue Services,
         together, the "Acceptable Use Restrictions".
   2. We reserve the right to immediately suspend you from using the YQueue Services if you have, or we reasonably suspect that you have, breached any of the Acceptable Use Restrictions in this clause 4 , or are in breach of any of the other terms in this EULA. If we exercise our right to suspend under this clause 4.2 , we will use reasonable endeavours to reinstate your access to the YQueue Services as soon as the reason for the suspension has ceased or we believe (acting reasonably) that you have rectified the breach (as applicable).

5. Account restriction and security

   1. You are able to use the YQueue Services without registering an account however, for an optimised experience, you may elect to register an account for the YQueue App or YQueue Website. When creating your account, you must provide true, accurate and complete information to us.
   2. Never disclose your YQueue App or YQueue Website username or password to any third party. Keep them safe and change your password regularly. We will never ask you to provide your password to us or to a third party. You must never let anyone access your YQueue App or YQueue Website account. Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded. Let Customer Support know immediately if you suspect that your account has been compromised, by emailing Customer Support at support@yqueue.com.au.
   3. Where there has been a sign in to your YQueue App or YQueue Website account with the valid login credentials, we are entitled to rely on your authorisation and to process any transactions.
   4. If you link your email account with your YQueue App or YQueue Website account, you must make sure that your email account(s) are secure and only accessed by you, as your email address may be used to reset passwords or to communicate with you about the security of your YQueue App or YQueue Website account. Let Customer Support know immediately if your email address becomes compromised, by emailing Customer Support at support@yqueue.com.au. Alternatively, you may elect to provide us with your mobile number for us to use to reset your passwords or to communicate with you about the security of your YQueue App or YQueue Website account (or other matters associated with this EULA).

6. Payment method and disputes

   1. You will be required to provide details of your preferred payment method (such as your credit/debit/charge card or bank account details) to facilitate the processing of payment transactions using the YQueue App, YQueue Website or YQueue Kiosks. You may also elect to register your approved payment method on your account on the YQueue App or YQueue Website.
   2. Payment transactions are processed by a third party payment provider, and subject to any terms and conditions that may be imposed by the third party payment provider. A list of our current third party payment providers and their applicable terms and conditions can be found here https://www.yqueue.co/au/legal/payment-processors (as may be updated from time to time). We do not collect or use any your payment details (including your credit/debit/charge card or bank account details).
   3. All payments made via the YQueue Services are final and you are not, subject to the operation of any applicable law (including the Australian Consumer Law), and the terms and rules applicable to the payment method or third party payment provider that is used, entitled to any refunds. When the third party payment provider confirms to us that you have paid for the goods and/or service, either:
   1. we will issue an invoice to you on the YQueue App, YQueue Website or to your registered email account (as applicable); or
   2. you will receive a receipt via the relevant YQueue Kiosk.
   4. If you wish to dispute any payment of goods and/or service to Merchants, at first instance, we request that you raise any dispute in relation to the invoice directly with the Merchant in question. If you are not satisfied with how the Merchant has handled your dispute, you can refer the dispute to us in writing within 30 days from the date of the invoice, following which we will not be obliged to respond or deal with the disputes raised. You may also be able to raise disputes directly through the payment scheme you use.

7. Third party sites and services

   1. The YQueue Services may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their data protection policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products, services, data or content accessible through them.
   2. Merchants provide their own menus, products and services, and set the menus, price and availability of their products and services. We have no control over the price and availability of products and services or the menus displayed on the YQueue Services and make no representations or warranties (whether express of implied) in relation to the accuracy, quality, condition, price or availability of menus, products and services provided by the Merchants. You acknowledge that any products or services you purchase in connection with the YQueue Services are not purchased from us, rather from the Merchant, and that any contract for the supply of products or services is strictly between you and the Merchant. Once a Merchant has accepted your order, the order can only be cancelled or changed by the Merchant.

8. Intellectual property rights

   1. You acknowledge that all intellectual property rights in the YQueue Services anywhere in the world belong to us or our licensors, that rights in the YQueue Services are licensed (not sold) to you strictly for personal, non-commercial use only, and that you have no rights in, or title to, the YQueue Services other than the right to use each of them in accordance with the terms of this EULA.
   2. You acknowledge that you have no right to have access to the YQueue App in source-code form.
   3. You must immediately notify us in writing upon becoming aware of any:
      1. infringement or unauthorised use of the YQueue Services by any person; or
      2. claim by any person that use of the YQueue Services in accordance with this EULA infringes the intellectual property rights of any person, (“IP Claim”).
   4. If the YQueue Services (or any part of them) is the subject of an IP Claim, we may (at our cost and option):
      1. procure the right for you to continue using the affected YQueue Service;
      2. modify the affected YQueue Service such that it no longer infringes the relevant intellectual property rights; or
      3. terminate this EULA.

9. Mobile services

   1. You shall be solely responsible for all charges in relation to your use of and access to the YQueue Services, including but not limited to any fees or charges imposed by your service provider for internet access on the Devices.

10. User content

    1. You agree and acknowledge that you are solely responsible for any photo, image, video or other data or content that you add, create, upload, submit, distribute, post or display through the YQueue Services (“User Content”). You will not provide inaccurate, misleading, defamatory or false information through the YQueue Services, and all opinions stated as part of User Content must be genuinely held. You agree and acknowledge that any User Content which is uploaded, transmitted, submitted, posted or otherwise provided via any Third-party Site or any third party products or services may be subject to separate terms and conditions as may be imposed by such third parties, and they may retain the right to store or use the User Content on their servers or databases. We have no liability or responsibility in relation to any such content.
    2. You consent and agree to permit us to store any User Content via cloud computing with a third party provider, for the purposes of providing you with continued access to the YQueue Services. We will take all steps reasonably necessary to ensure that the User Content is treated securely and in accordance with this EULA and the applicable laws and regulations. Except as expressly stated in this EULA, you agree that your submission of such information or User Content is at your sole risk.
    3. You acknowledge and agree that we may, in our sole discretion:
       1. refuse to display some or all User Content to some or all other users of the YQueue Services;
       2. remove User Content; and
       3. edit User Content;
          in each case, in whole or in part, where we consider that User Content violates clause 10.1 or the Acceptable Use Restrictions
    4. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licenseable, transferrable licence to use, reproduce, modify and adapt the User Content for the purpose of providing the YQueue Services and improving and developing the YQueue Services.

11. Suspension

    1. We may suspend the YQueue Services (or any part of the YQueue Services, including your access to your YQueue App or YQueue Website account) or otherwise restrict their functionality or features:
       1. where necessary to conduct scheduled and emergency maintenance, or to maintain the security and integrity of the YQueue Services; or
       2. if we, acting reasonably, have concerns about:
          1. the security of your YQueue App or YQueue Website account or any of its security features; or
          2. unauthorised or fraudulent use of your YQueue App or YQueue Website account or any of its security features.
    2. We will use our best endeavours to notify you of any suspension or restriction of the YQueue Services (including your YQueue App or YQueue Website account) and of the reasons for such suspension or restriction as soon as we can, unless notifying you would be unlawful, would compromise our reasonable security interests or is not technically possible (including because the reason for the suspension is not specific to your account). We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist

12. Termination

    1. You may cancel your YQueue registration and account at any time by contacting Customer Support at support@yqueue.com.au.
    2. We may terminate this EULA immediately, with or without written notice to you:
       1. if you commit a breach of this EULA which is irremediable or you fail to remedy (if remediable) within fourteen (14) days after the service of written notice requiring you to do so; or
       2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions and fail to remedy (if remediable) that breach within fourteen (14) days after the service of written notice requiring you to do so.
    3. On termination for any reason:
       1. all rights granted to you under this EULA shall cease;
       2. you must immediately cease all activities authorised by this EULA, including your use of the YQueue Services;
       3. you must immediately delete or remove the YQueue App from all Devices, and immediately destroy all copies of the YQueue App then in your possession, custody or control and certify to us that you have done so; and
       4. we may remotely access the Devices and remove the YQueue App from all of them and cease providing you with access to the YQueue Services.

13. Indemnity

    1. You agree to indemnify and hold us and our directors, partners, officers, employees, affiliates, agents, contractors and licensors harmless in respect of any claims arising out of:
       1. any claim that the User Content infringes the Intellectual Property Rights or rights in information of a third party (including privacy or data protection); or
       2. any breach of clause 3 or clause 4 ,
          in each case, except to the extent that the claim or breach is caused or contributed to by us

14. Disclaimers

    1. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
       1. to cancel your service contract with us; and
       2. to a refund for the unused portion, or to compensation for its reduced value.
          You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, cancel your contract and obtain a refund for the unused portion of the contract.
    2. We do not guarantee, represent, or warrant that your use of the YQueue Services will be uninterrupted, error-free, or free from loss, corruption, attack, viruses, interference, hacking or other security intrusion.
    3. You agree that, from time to time, we may remove or disable the YQueue Services or any part thereof for indefinite periods of time, or cancel the YQueue Services at any time, without notice to you.
    4. You expressly agree that your use of and access to the YQueue Services is at your sole risk. You acknowledge that the YQueue Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the YQueue Services meet your requirements. The YQueue Services are (except as expressly stated by us) provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law, subject to clause 14.1 .
    5. You agree to obtain all relevant and necessary authorisations, consents and permissions from the owners of any Devices not owned by you to download and install a copy of the YQueue App onto such Devices, and to use and access the YQueue Services on such Devices. You accept responsibility in accordance with the terms of this EULA for the use of the YQueue Services on or in relation to any Device, whether or not it is owned by you.
    6. We shall not be liable or responsible for:
       1. any unauthorised access or use of the YQueue Services or your YQueue account (including any unauthorised transactions);
       2. any payment transaction, use of the third party payment provider and/or payment to any Merchant in connection with the YQueue Services; or
       3. any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of any public or private telecommunications networks.

15. Limitation of liability

    1. Subject to clause 15.2 , our liability arising out of or in connection with this EULA, whether in contract, tort (including negligence) or any other basis in law or equity, arising out of or in connection with:
       1. any YQueue Service, is limited to the resupply of that YQueue Service; and
       2. any other aspect of this EULA or its subject matter is limited in the aggregate to an amount equal to $AUD100.
    2. The limitation of liability in clause 15.1 does not apply to liability which may not be limited at law.
    3. To the extent permitted by law, neither we nor our directors, partners, officers, employees, affiliates, agents, contractors or licensors, nor you, have any liability to the other, whether in contract, tort (including negligence) or any other basis in law or equity, for loss which does not arise naturally or according to the usual course of things from a breach, act or omission relating to this EULA, and (in the case of YQueue), for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of revenue, loss of anticipated savings, loss or corruption of data, loss of reputation, loss of goodwill or loss of contract

16. Communication between us

    1. If you wish to contact us in writing (including in relation to any questions, issues or disputes), or if any clause in this EULA requires you to give us notice in writing, you can send this to us by email or by prepaid post to YQueue Australia Pty Ltd at Unit 26/40-68 Main Street, Beenleigh, Queensland 4207 or support@yqueue.com.au. We will confirm receipt of this by contacting you in writing, normally by email.
    2. If we have to contact you or give you notice in writing, we will do so either by email to the address or by text message to the mobile number that you provide to us in your request for the YQueue App or when accessing or using the YQueue Services.

17. Other important terms

    1. This EULA (including any other document referred to herein) constitutes the entire agreement between you and us in relation to your use of the YQueue Services, and supersedes any prior agreements between you and us.
    2. We reserve the right to change these terms at any time. You will be notified of such change (if any) when you next start the YQueue Apps or log in to the YQueue Website or by such other means as determined by us in our sole and absolute discretion. The new terms may be displayed on-screen (for example, at a YQueue Kiosk) and you may be required to read and accept them to continue your use of the YQueue Services. If you do not agree to any changes to these terms, you may terminate your YQueue registration (if applicable) and stop using the YQueue Services.
    3. From time to time, updates to the YQueue Apps may be issued through the YQueue Appstore. Where we consider any update will have a material adverse impact on you, we will try to give you notice in advance (generally via the email or mobile number you used to register your YQueue account). Depending on the update, you may not be able to use the YQueue Services until you have downloaded the latest version of the YQueue App and accepted any new terms. You should check the YQueue Apps regularly for any changes to the YQueue Apps.
    4. The terms of our data protection policy from time to time, available at https://www.yqueue.co/au/legal/privacy-policy (“Data Protection Policy”) are incorporated into this EULA by reference, and you acknowledge and agree that that your personal data will be collected, used and disclosed in accordance with that policy. Additionally, by using the YQueue Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the YQueue Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    5. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
    6. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
    7. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    8. Each of the clauses of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    9. This EULA shall be construed and interpreted in accordance with and governed by the laws of Queensland, Australia, and you agree that any dispute arising from or relating to the subject herein shall be governed by the exclusive jurisdiction of the courts of Queensland, Australia.
       In the case of a dispute where both you and YQueue are unable to come to an agreement within sixty (60) days’ of the dispute being raised, you agree for the dispute to be referred to and finally resolved by arbitration:
       1. in accordance with, and subject to, the then-current Resolution Institute Arbitration Rules;
       2. administered by the Resolution Institute;
       3. conducted by 1 arbitrator that the parties agree on (and absent agreement, appointed by the Chair of the Resolution Institute); and
       4. in the English language in Brisbane, Australia.
    10. Marketplace terms. Where you download the YQueue App from the Google Play, Apple App Store or similar digital marketplaces (Marketplace), you acknowledge and agree that:
        1. this EULA is solely between you and YQueue (and not the Marketplace) and neither the Marketplace nor its affiliates have any liability under or in connection with the YQueue App or this EULA. However, if any term of this EULA is inconsistent with any Marketplace terms applicable to the YQueue App, the Marketplace terms apply to the extent of the inconsistency.
        2. YQueue is solely responsible for the YQueue App, the YQueue Services (including any maintenance and support in respect of the YQueue App and the YQueue Services), any warranties given in this EULA and any IP Claims or other claims in respect of the YQueue App and the YQueue Services. The Marketplace has no obligation whatsoever in respect of the YQueue App or YQueue Services (including any product claims, or maintenance and support services). If you have any complaints about the YQueue App, or become aware of any third party claim, please notify YQueue (and not the Marketplace).
        3. any information collected by YQueue in connection with this EULA will be processed in accordance with this EULA or the YQueue Data Protection Policy and not the data processing agreement of any Marketplace;
        4. You must comply with all applicable third party terms and conditions when using the YQueue App;
        5. You are not on a US government restricted parties’ list and you do not live in a country subject to a US government embargo or which is designated as “terrorist supporting country”; and
        6. the Marketplace and its affiliates are third party beneficiaries of this clause 17.10 , and will have the right to enforce this clause 17.10 against you as a third party beneficiary of them.