These terms and conditions (Terms) form the agreement between Hey You Pty Ltd (ABN 34 144 912 158) of Level 2, 104-106 Commonwealth Street Surry Hills NSW 2010 (Us, Our and We) and the customer (You, Your) regarding Your use of Hey You.
The Hey You service is a technology platform that allows You to browse, place orders, earn and redeem loyalty rewards and make payment for food and beverage products (Products) supplied by registered merchants (Merchants) via our Hey You application on internet enabled devices, any co-branded sub-domains, new software, co-branded internet services (for example slack, devices or networks) existing now or later developed (App), Hey You website at www.heyyou.com.au or any other website through which we make the Services available (collectively, the Site) and/or the integrated Hey You point of sale service (POS) and to interact with you via the Site and App (Service). In these Terms, the App, Site or POS as appropriate is referred to as Hey You.
When You sign-up for the Service via the Site or App and become a registered customer of Hey You, You agree that the Service will be provide on the basis of these Terms.
Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, revocable, non-transferrable licence to:
- access and use Hey You solely in connection with Your use of the Service; and
- access and use any content, information and related materials that may be made available through the Service, in each case solely for Your personal and non-commercial use. Any rights not expressly granted herein are reserved by Us.
Nature of the Service
You acknowledge and agree that:
- We are not a producer, supplier or reseller of the Products;
- any contract for the supply of Products is strictly between You and the Merchant;
- We do not make any representations or warranties regarding the quality, availability or preparation of the Products or that the Products supplied by the Merchants are fit or safe for consumption and You agree to relieve Us from any liability whatsoever in this regard;
- all orders and deliveries for Products are dependent on and subject to the availability of the relevant Merchant and the availability of the Merchant's staff and opening hours at the relevant time;
- We reserve the right at all times to refuse to provide the Service to You, terminate Your access to Hey You or remove or cancel Your order at Our sole discretion, in which case a refund will be offered to You;
- You accept full responsibility for providing accurate details (including verification of ingredients in respect of any allergies or specific dietary requirements specific to You) when placing an order through Hey You.
Payment and charges
- Upon registration with Hey You, You can elect to make payments on either a pre-paid or 'pay as you go' basis.
- If You elect to make payments on a 'pay as you go' basis, the credit card linked to Your account will be immediately charged each time you place an order through Hey You.
- If Your preferred payment method is on a pre-paid basis, the balance of Your account (Hey You Balance) must have sufficient credit for the total amount of the order. At any time, You can add credit to Your account.
- The balance of Your Hey You Balance may at any time and at Your election be topped up.
- By electing to automatically top up You agree to provide a recurring payment authority to Us to automatically top up Your account by an agreed amount when Your balance reaches a minimum balance level.
- If You do not use or top-up Your account for 180 days or more, the Hey You Balance in Your account will expire and Your balance will reset to $0.
- The Hey You Balance is non-refundable at all times unless otherwise determined at Our sole discretion.
- You will be charged immediately after You have placed an order for Products through Hey You using the payment method associated with Your account. All amounts paid are non-refundable unless otherwise determined at Our sole discretion.
- Orders for Products cannot be cancelled once processed by Hey You.
- You may incur additional charges if You have requested delivery of the Products in Your order. You will be notified at the checkout screen of any applicable additional charges associated with Your order.
- Hey You reserves the right to include as additional charges on Your Order any third party payment processing costs incurred through Your choice of payment method.
We may from time to time offer promotions or vouchers to registered customers free of charge or for value through Hey You.
Any promotions or vouchers offered through or purchased from Hey You cannot be transferred, redeemed or refunded for cash or used beyond their respective expiry dates as noted on the voucher.
- You are solely responsible for the security and use of any promotions or vouchers and We are not responsible and will not provide a refund for any loss or damage to those promotions or vouchers and have no obligation to replace them for any reason.
- We have no obligation to redeem any promotion or voucher which appear in Our sole discretion to have been tampered with or forged.
Temporary unavailability of Hey You
We take no responsibility for, and will not be liable for, Hey You being temporarily unavailable for reasons of conducting maintenance, improvements to Our systems or due to technical issues beyond Our control.
Information that we collect
Upon registration of Your account with Hey You, personal information (as defined in section 7, below) is collected from You including but not limited to the following:
- Your name, email address, delivery address, telephone number, birth date, credit card information and any supporting correspondence for the purposes of following up issues and for assessing the quality of the services We provide; and
- Your IP address to assist with the diagnosis and analysis of problems or support issues with our services, such information gathered in aggregate only and cannot be traced to an individual user.
In addition, We may also collect information regarding identification of Mac devices for the purposes of assisting Us in analysing and monitoring the usage of Hey You.
By providing Your personal information to Us, You consent to the collection, use, storage and disclosure of that information as described in these Terms, including device location data.
Privacy and use of Your personal information
We recognise the importance of protecting the privacy of personal information collected about Our customers and We take all reasonable measures to keep Your personal information secure. In these terms and conditions, "personal information" means information that identifies an individual or from which an individual reasonably can be identified
You agree to allow Us to use Your personal information for the purposes of:
- sending or facilitation communications (including the communication of promotions or deals) between You and the relevant Merchant; performing diagnostics testing and analysis of problems or support issues with Our services or for the purposes of research; providing aggregated data to Merchants and our affiliated business partners (Business Partners) on an anonymous basis regarding order habits, spending, location, favourite orders, gender, birth date together with relevant analytics data and research; and sending communications from Us and from Merchants and our business partners that You may be interested in.
You agree to allow Us to share Your personal information with the following parties:
- Merchants and Business Partners of Hey You, for the purposes of facilitating the placement of orders, payment and deliveries (where selected) of Products and for notifying You of offers and promotions from Merchants and Business Partners; third parties where necessary for the purposes of API or SMPP integration of Hey You systems; requests for information received from government and regulatory bodies; in an aggregated, anonymous manner with a third party; or with any other third party in any other manner with Your consent.
If You no longer want your information to be used or provided in the manner outlined above please email us at firstname.lastname@example.org
All of the content of Hey You, including all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features and the like (Content) and the trade marks, service marks and logos contained therein (Marks) are owned by or licensed to Us. The use of the Content and Marks is subject to copyright and other intellectual property rights under Australian laws and international conventions.
You agree not to:
- engage in the use, copying, reproduction, modification or distribution of any of the Content or Marks including, without limitation, using, copying, distributing, displaying, reproducing or transmitting in any form or by any means without Our prior written consent;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of Hey You or unduly burdening or hindering the operation and/or functionality of any aspect of Hey You; or
- attempt to gain unauthorised access to or impair any aspect of Hey You or its related systems or networks.
Links to third parties
We may provide links to third party websites outside our Site that are not under Our control and we cannot accept responsibility for or liability in respect of the content of those websites. Prior to disclosing Your personal information on any other website, we advise You to examine the terms and conditions of using that website and any associated privacy statement.
You may terminate this agreement by:
- Stopping using the Service; and/or
- by notifying Us at the following email address email@example.com
We may immediately terminate this agreement by;
- Terminating your use of the Service and/or
- Notifying you by email.
If We terminate You without cause, we will refund to You, Your Hey You Balance to an Australian bank account notified to Us by You.
- Termination of this agreement does not affect either party’s accrued rights or liabilities.
- We may make a change to the terms and conditions of this agreement at any time without notice and You agree to be bound by such changes.
- The Terms of this agreement are governed by the laws of New South Wales.
- Any queries in relation to these Terms should be addressed to firstname.lastname@example.org.
You can contact Hey You as follows:
- Phone: 1800 220 153
- Email: email@example.com
- Post: Level 2, 104 - 106 Commonwealth St, Surry Hills NSW 2010
Hey You welcomes feedback (good and bad), so please let us know on how we can make Hey You Service better for you!