Terms and Conditions

VEATS TERMS AND CONDITIONS

Welcome to VEats! We provide an exclusively plant-based platform where our users can explore local businesses offering vegan options and be redirected to a restaurant’s websites, social media pages, and booking and/or ordering platform. You would like to sign up to our services so that your business features as a restaurant on our platform. Please read these terms and conditions carefully as they set out important information on how we will provide our services to you.

  1. Disclosures

    Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
    • e may amend these Terms, the VEats Services, your Subscription, or the Fees at any time, by providing written notice to you;
    • Unless your Subscription is suspended or terminated in accordance with these Terms, your Subscription will roll over on an ongoing basis;
    • We will handle your personal information in accordance with our privacy policy, available at www.veats.com.au;
    • To the maximum extent permitted by law, the Fees are non-refundable;
    • Our liability under these Terms is limited to us resupplying the VEats Services to you, or in our sole discretion, repaying you the amount of the Fees paid by you to use during the previous 12 months (or, where you have not paid us any Fees, $100, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or where any scheduled or emergency maintenance that causes your Listing to be unavailable;
    • We may terminate your Subscription at any time by giving 14 days’ written notice to you; and
    • We may receive a benefit (which may include a referral fee or a commission) should you sign up to the OrderUp! Services, including where users make orders through your OrderUp! ordering platform.
    Nothing in these terms limit your rights under the Australian Consumer Law.

  2. Introduction

    1. These terms and conditions (Terms) are entered into between VEats Pty Ltd ABN 15 649 438 442 (we, us or our) and you, together the Parties and each a Party.
    2. In these Terms, you means the person or entity registered with us as a restaurant operator.
    3. We provide a platform where we post listings of vegan friendly restaurants setting out a description of their business (including menu items), contact details, and links to their websites, social media pages, and booking and/or ordering platform (Listings) for our users to browse (Platform).
    4. You would like us to create a Listing of your restaurant and publish it on our Platform and provide any other services as agreed between the Parties in the Registration Request (as defined in clause 3) (together, the VEats Services).

  3. Acceptance and Registration

    1. You accept these Terms by checking the box to agree to these Terms in our sign up form, sending us an email accepting the Terms or instructing us (whether orally or in writing) to proceed with the VEats Services.
    2. If you are signing up to the VEats Services on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
    3. We may amend these Terms at any time, by providing written notice to you. By agreeing to the amended terms via email or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Subscription in accordance with the Termination clause.
    4. You must complete a sign up form on the Platform (Registration Request) to access the VEats Services.
    5. You must provide basic information when completing a Registration Request including your entity name, contact name, email address, restaurant name, restaurant address, details about your business and any other information we may reasonably request.
    6. We will review your Registration Request and may contact you to obtain further details. We may, at our absolute discretion, accept or reject a Registration Request.
    7. If we reject your Registration Request, we will provide you with written notice of your unsuccessful request within a reasonable amount of time and these Terms will immediately terminate.
    8. If we accept your Registration Request, we will let you know via an support@veats.com.au, which will include any relevant information on the VEats Services that you need to know.
    9. If we accept your Registration Request, we will use our reasonable commercial endeavours to make your Listing available on the Platform within 30 days from the date of acceptance. You acknowledge and agree that any timeframes or dates for completion notified by us are estimates only.
    10. All personal information you provide to us will be treated in accordance with our Privacy Policy.
    11. You agree to provide us with and maintain up to date information with us. If your details change, you must notify us via email.

  4. VEats Services

    1. We agree to provide you with the VEats Services in accordance with these Terms.
    2. You understand that we only make available the VEats Services. If a user clicks on any links in your Listing, they will be redirected to your own website, social media pages, and booking and/or ordering platforms to order food or beverage items from you, schedule a delivery or book a table. You acknowledge and agree that we are not responsible for providing you with a website or ordering platform, or assisting you with fulfilling any orders received as a result of your Listing, including providing the food or beverage products or any delivery services. If you do not have your own website or ordering platforms, you may request a referral to OrderUp! to facilitate this process. See clause 9 for further details on the referral process.
    3. If you would like to make any updates or amendments to your Listing on the Platform, you may reach out to us via email. We agree to use our best endeavours to keep the Listing up to date in accordance with the information provided, and as updated, by you. Where you continuously or frequently submit requests to change your Listing that is of a volume or effort level that is greater than average (based on the data we gather from requests by our other restaurants), we may:
      1. give you notice of this; and
      2. if you do not adjust your usage in line with any request to do so:
        1. vary the Fees to reflect your increased use of our limited resources, effective on and from us giving you written notice of the new Fees; or
        2. terminate these Terms in accordance with clause 13.
    4. We agree to use our best endeavours to make your Listing available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform (and your Listing) may be unavailable during the times we are performing such maintenance.
    5. You acknowledge and agree that the Platform and your Listing may be reliant on, or interface with third party systems that are not provided by us (for example, links you provide to your own website or ordering platform (including OrderUp!)) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform or the Listing due to a failure of the Third Party Services.
    6. To the maximum extent permitted by law, we shall have no Liability to you for any scheduled or emergency maintenance that causes your Listing to be unavailable.

  5. Subscriptions

    1. When you complete a Registration Request, you must also select a subscription (Subscription). You may choose between different tiers of Subscriptions with different services and different subscription periods as set out on our Platform.
      2. Free Trials
    2. If set out in your sign up form, your Subscription may begin with a free trial. The free trial period of your Subscription will last for the period specified on the sign up form. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and remove your Listing at any time in the event that we determine that you are not eligible. Free trials are only available for restaurants who have not previously had a Listing on our Platform.
    3. If you do not cancel during the free trial period, and you have selected a paid Subscription, we will charge your chosen payment method for the Subscription you have chosen and its corresponding subscription fee (Fees) on the day your free trial ends (Payment Date).
      4. Subscription Tiers
    4. Some of our Subscriptions may be free for you to use, subject to certain requirements, including signing up to OrderUp!, however, in these situations, we may receive a commission (as set out in clause 9).
    5. Unless your Subscription is suspended or terminated in accordance with these Terms, your Subscription will roll over on an ongoing monthly basis, and, if you are on a paid subscription, you will be charged the same Fees on an ongoing monthly basis from the Payment Date. Without limiting your rights under the Australian Consumer Law, you can cancel your Subscription at any time in accordance with the Termination clause of these Terms but the cancellation will only have effect from expiry of the monthly period for which you have paid the Fees.
    6. The payment methods we offer for the Fees will be communicated to you if we accept your Registration Request. We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
    7. You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
    8. You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
      9. Changes to your Subscription
    9. If you wish to suspend or change your Subscription (for example, by upgrading to a different Subscription tier), you must provide notice to us via email that you wish to suspend or vary your Subscription at least 14 Days before the next Payment Date. If you vary your Subscription and the Fees increase, the increased Fees will apply on the next Payment Date, and you will have access to the additional Subscription features on the next Payment Date.
    10. To the extent permitted by law, the Fees are non-refundable and non-cancellable once paid.
    11. We may need to change what is available as part of your Subscription (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Subscription, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the changes to your Subscription. If the changes substantially and adversely affect your enjoyment of the Subscription, you may cancel your Subscription in accordance with the Termination clause.
    12. We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Subscription. If the updated Fee is not acceptable to you, you may cancel your Subscription in accordance with the Termination clause.

  6. Our Intellectual Property

    1. You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) that we may provide to you in our performance of the VEats Services, including any Listings, and any materials available on the Platform, and the Platform itself (Our Intellectual Property) will at all times vest, or remain vested, in us. Our Intellectual Property does not include any of Your Materials as set out in clause 7.
    2. We authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
    3. You must not, without our prior written consent:
      1. copy, in whole or in part, any of Our Intellectual Property;
      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
      3. breach any intellectual property rights connected with the VEats Services or the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
    4. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
      1. you do not assert that you are the owner of Our Intellectual Property;
      2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
      3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
      4. you comply with all other terms of these Terms.
    5. Nothing in these Terms constitutes a transfer or assignment of any rights in Our Intellectual Property or Your Materials.
    6. As between the Parties, ownership of all Intellectual Property Rights in any New Materials or Improvements will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials and/or Improvements do not automatically vest in us, you agree to do all things necessary or desirable to assure our title in such rights.
    7. This clause will survive the termination or expiry of your Subscription.

  7. Your Materials

    1. You own all data, information or content you provide to us for use in your Listing, including your trademarks, logos and any images you provide to us (Your Materials).
    2. You grant us a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence to copy, transmit, store, backup and/or otherwise access or use Your Materials that you provide to us solely for the purposes for which they were developed and solely for the performance of our obligations under these Terms, including to:
      1. communicate with you (including to send you information we believe may be of interest to you);
      2. supply the VEats Services to you, including to make your Listing available on the Platform;
      3. enhance and otherwise modify your Listing;
      4. perform Analytics;
      5. develop other services, provided we de-identify Your Materials; and
      6. otherwise perform our obligations under these Terms.
    3. You agree that you are solely responsible for all of Your Materials that you make available to us. You represent and warrant that:
      1. you are either the sole and exclusive owner of Your Materials or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Materials (as contemplated by these Terms); and
      2. neither Your Materials nor the posting, uploading, publication, submission or transmission of Your Materials or our use of Your Materials on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to a user’s access to or clicks on your Listing, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
    5. We do not endorse or approve, and are not responsible for, any of Your Materials.
    6. You acknowledge and agree that the Platform and the integrity and accuracy of any Listing is reliant on the accuracy and completeness of Your Materials, and the provision by you of Your Materials that is inaccurate or incomplete may affect the use, output and operation of the VEats Services.
    7. This clause will survive the termination or expiry of your Subscription.

  8. Warranties

    1. You represent, warrant and agree that:
      1. you will comply with these Terms and all applicable laws;
      2. you will comply with any laws, rules and regulations which apply to your provision of the food products, menu items, links, information and other services advertised in your Listing;
      3. you will not use the VEats Services, including Our Intellectual Property, in any way that competes with our business;
      4. there are no legal restrictions preventing you from entering into these Terms;
      5. you will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the VEats Services;
      6. all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
      7. you have not relied on any representations or warranties made by us in relation to the VEats Services (including as to whether the VEats Services is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

  9. OrderUp! Registration

    1. We have partnered with OrderUp!, a food commerce platform that helps businesses create online order systems, to make life easier for businesses that do not have their own online ordering system. To benefit from some of our Subscriptions, you may be required to use OrderUp! to create an online ordering platform. You can express your interest in this when completing your Registration Request.
    2. You acknowledge and agree that where you wish to sign up to OrderUp!, those services (including the creation of an online ordering platform for your business) are provided by OrderUp! (OrderUp! Services) and you must accept any terms and conditions provided by OrderUp! for the use of the OrderUp! Services.
    3. We do not control, endorse or approve, and are not responsible for the OrderUp! Services. We recommend that you make your own investigations with respect to the suitability of the OrderUp! Services for your use before agreeing to their terms and conditions and signing up.
    4. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with your use of the OrderUp! Services.
    5. Should you sign up to the OrderUp! Services as part of subscribing to the VEats Service, we may receive a commission, including a commission where users make orders through your OrderUp! ordering platform.

  10. Confidentiality

    1. Each Receiving Party agrees:
      1. not to disclose the Confidential Information of the Disclosing Party to any third party;
      2. to use all reasonable endeavours to protect the Confidential Information of the Disclosing Party from any unauthorised disclosure; and
      3. to only use the Confidential Information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any other purpose.
    2. The obligations in clause 10.1 do not apply to Confidential Information that:
      1. is required to be disclosed in order for the Parties to comply with their obligations under these Terms;
      2. is authorised to be disclosed by the Disclosing Party;
      3. is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms; or
      4. must be disclosed by Law or by a regulatory authority, including under subpoena.
    3. Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 10. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 10.
    4. This clause will survive the termination or expiry of your Subscription.

  11. Australian Consumer Law

    1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the VEats Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
    2. If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the VEats Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
    3. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the VEats Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
    4. This clause will survive the termination or expiry of your Subscription.

  12. Liability

    1. Despite anything to the contrary, to the maximum extent permitted by law:
      1. you agree to indemnify us for any Liability we incur due to your breach of the Intellectual Property clause, the Warranties clause and the Confidentiality clause of these Terms;
      2. neither Party will be liable for Consequential Loss;
      3. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
      4. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the VEats Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us during the previous 12 months of your Subscription, or, where no Fees have been paid to us, $100.
    2. This clause will survive the termination or expiry of your Subscription.

  13. Termination

    1. Cancellation of Subscriptions: You may request to cancel your Subscription at any time by providing us with 14 days’ notice (Notice Period) via email. Your cancellation will take effect from the next Payment Date following the Notice Period. If you cancel your Subscription because we have changed the Subscription inclusions and the change has a substantial and adverse impact on you, or we have changed the Fees, then the termination of the Subscription will be immediate, and we will refund you for any Fees that you have paid upfront but have not been used on a pro-rata basis.
    2. We may terminate your Subscription at any time by giving 14 days’ written notice to you (Termination for Convenience).
    3. A Subscription will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
      1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
      2. the Defaulting Party is unable to pay its debts as they fall due.
    4. Should we suspect that you are in breach of these Terms, we may suspend your Listing while we investigate the suspected breach.
    5. Upon expiry or termination of your Subscription:
      1. we may remove your Listing;
      2. you agree that other than where termination is due to our Termination for Convenience or our breach of these Terms, and to the maximum extent permitted by law, any payments made by you to us (including any Fees) are not refundable to you; and
      3. where we terminate your Subscription for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination.
    6. Where termination is due to our Termination for Convenience or our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
    7. Termination of a Subscription will not affect any rights or liabilities that a Party has accrued under these Terms.
    8. This clause will survive the termination or expiry of your Subscription.

  14. General

    1. Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
    2. Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
    3. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
    4. Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
    5. Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
    6. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
    7. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Registration Request. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
    8. Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
    9. Publicity: You agree that we may advertise or publicise the fact that you have engaged the VEats Services, including on our website or in our promotional material.
    10. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

  15. Definitions

    1. Confidential Information includes information which:
      1. is disclosed to the Receiving Party in connection with these Terms at any time;
      2. is prepared or produced under or in connection with these Terms at any time;
      3. relates to the Disclosing Party’s business, assets or affairs; or
      4. relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,
      whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.
    2. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
    3. Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
    4. Intellectual Property means any copyright, registered or unregistered designs, patents or trademarks, domain names, know-how, inventions, processes, trade secrets, restaurant listings, marketing material or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
    5. Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
    6. Improvements means any development, modification, adaptation or improvement of Our Intellectual Property of any New Materials made by or on behalf of either Party (or any of their respective Personnel), or in respect of which Intellectual Property Rights are acquired by, either Party during the operation of these Terms.
    7. New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with these Terms or the supply of the VEats Services.
    8. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
    9. Personnel means, in respect of a Party, any of its employees, consultants, suppliers or agents, but in respect of you, does not include us.
    10. Receiving Party means the party receiving Confidential Information from the Disclosing Party.
For any questions or notices, please contact us at:
 Veats Pty Ltd ABN 15 649 438 442
Email: support@veats.com.au
Last update: 6 April 2022
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