Terms & Conditions
- Introduction
1.1. Hello, we’re Smartsami (ACN 74 608 448 246) (Smartsami, we, us). These Smartsami Terms of Use (Terms) are here to ensure you understand your rights and obligations when you access, navigate and use our application located at Smartsami.com.au (Application) and use our Services (as defined below).
1.2. Any reference in these Terms to “you” or “your” or “Customer” means any person accessing, viewing or using the Application and/or Services.
1.3. Smartsami provides to Customers an interactive mobile menu (Menu) containing food, beverage and merchandise products (Products) from third party suppliers and venues (Venues). By scanning the QR code or by visiting the links located on a Venue’s application, You will be directed to our Application and can view photos of and information about the Products and may purchase the Products (Order) from the Menu by entering your nominated payment method on the Application which is processed in accordance with clause 3 (Services).
1.4. By accessing, navigating and using the Services and/ or Application or otherwise dealing with Smartsami, you agree to be bound by these Terms and the Smartsami Privacy Policy located at https://www.Smartsami.com/privacy-policy. If you do not agree to these Terms, then you must cease using the Services or the Application.
1.5. Smartsami may amend these Terms from time to time. You will be notified through the application of any changes.
1.6. Smartsami reserves its rights to investigate and take appropriate legal action for any Illegal and/or unauthorised use of the Services, the Application or breach of these Terms.
- Using our Application and sharing your data
2.1. Smartsami grants you a non-exclusive, non-transferable licence to access, use and navigate the Services and Application subject to you complying with these Terms.
2.2. The Smartsami collects information to provide services between suppliers and customers. When a customer choses to connect to a supplier, or buys product or services from a supplier, or expresses interest in the suppliers products or services, that customer will be deemed to be part of the suppliers network. While in that network your personal information will be shared with the supplier so they may provide you services. Your location may be used to alert you to offers from that supplier when you are physically close to their stall or premises. Customers personal information will not be shared with anyone that the customer has not connected with. All information collected will be dealt with in accordance with our Privacy Policy.
2.3. The Smartsami allows suppliers to use the notification and messaging tools to communicate with customers. You will be sent electronic messages to your contact telephone number or email address. You agree that by using the Services you consent to receiving electronic messages from the communities and suppliers you are connected with. There are two types of messages you will receive. Messages about your orders and news and offers from the communities and suppliers you have chosen to connect with. You can opt out of receiving direct messages from your supplier connections at any time.
2.4. You agree that placing an Order using the Services is subject to you making full payment for the Products and services in accordance with clause 3.
2.5. If you purchase Products that are alcoholic beverages, contain alcohol or by law require you to be over the age of 18 years for consumption, you warrant that you are over the age of 18 years.
2.6. You agree that it is the responsibility of the Venue to comply with all laws in relation to the service of alcohol including responsible service of alcohol, ensuring the Venue holds a valid alcohol licence and ensuring that the Customer is over the age of 18 years before serving the Customer alcohol.
2.7. You acknowledge that Smartsami does not guarantee that Products will be delivered or available for pick-up within a certain time frame or that the Products are of a certain quality. That is the responsibility of the supplier providing the product or service.
2.8. You acknowledge that Smartsami does not guarantee that any of the information displayed on its Application including all information, photos, ingredients, explanations of a Product or the Menu of the Venue are accurate and Smartsami is not liable for any errors in representation.
2.9. You acknowledge that Smartsami acts only as an intermediary between the Customer and the Venue and is not liable if the Venue does not stock or make the Products available or refuses to accept your Order.
- Our payment terms
3.1. You agree that you will pay for all Products that you Order from a Venue in accordance with these payment terms and that you will pay the purchase price as displayed on the Application.
3.2. Smartsami warrants that it has the right to collect payments for Products that you Order using our Services on behalf of Venues. When you pay the purchase price using our Services, you discharge your obligations to pay the Venue directly for the Products that you Order.
3.3. You acknowledge and agree that all purchase prices specified, and payments collected will be inclusive of all applicable taxes where required by law.
3.4. You acknowledge that Smartsami will not place your Order with the Venue until you have made full payment of the Product through or Application.
3.5. You acknowledge that the purchase price or availability of the Product as displayed on the Services and Application may differ from time to time to the purchase price of the Product advertised at the Venue.
3.6. You acknowledge that Smartsami uses third party payment processors including but not limited to Square, Stripe, Braintree, Paypal, Hyperwallet, Apple Pay and Google Pay (Payment Processors). You agree that you will pay in addition to the purchase price of the Product, any additional fees charged by the Payment Processors.
3.7. The processing of payments or credit cards are subject to the terms, conditions and privacy policies of your credit card issuer and the Payment Processors in addition to these Terms. The terms and conditions and privacy policies for the Payment Processors can be accessed at their applications. Smartsami is not responsible for any errors by the Payment Processor or credit card issuer.
3.8. You warrant that you are the authorised user of any payment method that you use in connection with the Services and the Application and you acknowledge the Smartsami is not liable for any unauthorised use of any payment method.
3.9. You agree that if you submit an Order, Smartsami delivers your Order to the Venue when your payment has been authorised. Subject to clause 7.4 and the Venue’s refund policy, you are not entitled to change or cancel your Order once it has been placed and you will not be entitled to a refund.
3.10. You agree that Venues have the sole discretion to reject or refuse your Order at any time. If your Order is rejected or cancelled by the Venue, you will receive a refund in accordance with the Venue’s refund policy.
- Use of promotional codes
4.1.A Venue may offer promotional codes that may provide you with discounts, bonus offers or other incentives for you to use our Services (Venue Promotional Codes). We agree to allow you to use valid Venue Promotional Codes subject to any terms and conditions imposed by the Venue and the following conditions:
(a)Venue Promotional Codes cannot be redeemed for cash, can only be used on one transaction, must be used before the expiry date.
(b)Smartsami and the Venue reserves the right to cancel, withhold use, suspend or modify the terms of Venue Promotional Codes and any discount or benefit associated with it at any time.
- Our content and access
5.1. Smartsami makes all reasonable endeavours to ensure that the information about Products and Services available on the Application are accurate and correct, although we do not warrant that it is accurate, adequate or complete.
5.2. You acknowledge and accept that the Application content may include incorrect information, technical inaccuracies and typographical errors. You acknowledge and accept that the Services and the Application will, from time to time, change without notice to you and that the content of the Application may not necessarily be accurate or up to date at the time you view it.
5.3. You acknowledge that Smartsami may conduct maintenance of the Services or Application at any time and that this maintenance may interrupt your access to the Services or Application.
5.4. We reserve our rights to suspend or terminate your access to the Service or Application at our sole discretion where we hold a reasonable apprehension that you have or may breach these Terms. If we suspect you are or may be in breach of these Terms, we will notify you of that breach and ways in which you can remedy it.
- Intellectual Property
6.1. All material displayed on the Service and the Application, including but not limited to all information, photographs, graphics, illustrations, artwork, names, logos, trademarks, copy writing and design features (Smartsami Intellectual Property) are protected by copyright, trademark and other intellectual property laws. You may not use the Smartsami Intellectual Property for any commercial purpose without our express prior written consent.
6.2. We do not grant any licence or right in or assign all or part of the rights of the Smartsami Intellectual Property to you.
6.3. The Application may contain links to other applications operated, controlled or produced by third parties including Venues. Smartsami does not control, endorse, sponsor or approve of any third party application or its content and does not provide any warranty or take on any responsibility whatsoever in relation to your access and use of third party applications. We advise you to check their privacy policy and terms and conditions before using their services.
6.4. You warrant that you will not infringe the Intellectual Property Rights of Smartsami or any third party relating to your use of the Services or the Application.
- Limitation of Liability
7.1. Smartsami disclaims all liability for any loss or damage of any kind arising out of or in connection with the Services and the Application content and your use or performance of the Application and Services to a maximum extent permitted by law including without limitation and liability relating to:
(c) consumption of alcohol by minors;
(d) your consumption of Products that may result in allergic reactions; or
(e) any representation of the ingredients contained in Products.
7.2. You agree that your use of the Services and the Application are at your own risk and you accept and agree that you will not seek to hold us accountable for any loss or damage that you or any third party may suffer as a result of your use of the Services and/or the Application.
7.3. Notwithstanding the above, to the maximum extent as permitted by law, you agree that Smartsami’s aggregate liability shall not exceed the total purchase price of your Order.
7.4. Services supplied to you by Smartsami come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
7.5. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon Smartsami relating to a breach of Warranty will at its option be limited to a refund of the price of the Order.