TERMS OF USE
Groundworks Cafe order ahead app
This Agreement including any links (“Groundworks Cafe – Terms of Use”) is a contract between you (“Merchant”, “you”, “your” or “User”) and DHA ENTERPRISES PTY LTD
(ABN 13 645 440 688) (“GW”). You acknowledge that your use of the Groundworks Cafe application or website will constitute acceptance of these Groundworks Cafe - Terms of Use.
Groundworks Cafe is a destination for quality coffee and food.
Any interaction with you via the Site or Application is referred to as a “Service”. In these Terms of Use, the Application or Site as appropriate are referred to as “GW”.
1. Definitions and Interpretations
Unless otherwise provided, in these terms and conditions:
1. ‘Intellectual Property Rights’ or ‘IPR’ means all intellectual property rights, including but not limited to, the following rights:
1. patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
2. any application or right to apply for registration of any of the rights referred to in paragraph 5; and
3. all rights of a similar nature to any of the rights in paragraphs 5 which may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.
2. ‘Personal Information’ has the meaning given by the Privacy Act 1988 (Cth).
3. ‘Personnel’ means the officers, employees, contractors (including subcontractors and their employees) and agents of GW.
4. ‘Third Party Service’ means any third party software, application or website which GW directly or indirectly interacts with.
5. ‘User’ means any person who accesses GW.
6. ‘Merchant’ means any entity that advertises, promotes and offers its goods and services via GW.
2. Groundworks Cafe
1. Groundworks Cafe owns and operate the GW Application and Site.
2. By clicking “I Agree” and/or by accessing and/or using GW (whichever is first), the User will be bound by these terms and conditions as they appear as part of GW from time to time.
3. GW reserves the right to unilaterally amend the GW Application (including any of its functionality) and these terms and conditions at any time (including as a result of amendments made by a relevant Third Party Service to its functionality or terms and conditions of use). Any amendments made to these terms and conditions will be effective immediately.
3. Registration
1. The User acknowledges and agrees that:
1. it can use some aspects of the GW Application without registration with GW; but
2. to use all functionality of the GW Application it must register and provide all information required by GW during the registration process (User Information) to GW via the GW Application or a nominated website.
2. By registering and providing the User Information, the User warrants that:
1. it will provide up-to-date, current and accurate information and will continually update all User Information as required;
2. it will keep the registration details, including username(s) and password(s), secure and confidential; and
3. the User Information is not misleading, false, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party.
4. Fraud and Risk
1. GW reserves the right to restrict use of the GW application if GW suspects fraud, a breach of these GW – Terms of Use or if we otherwise believe there is an increased risked to us, you or any GW user.
2. You authorise us to make, directly or through third parties, any enquiries we consider necessary to prove your identity. This may include verifying information you provide against third party databases.
5. Intellectual Property Rights
1. Except as permitted under the Privacy Act 1988 (Cth), or any other applicable law in the location from which the User has access to the GW Application, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the GW Application (or the GW Application itself) in any form (including by e-mail or other electronic means), without GW’s prior written consent.
2. All trade marks, copyright and other Intellectual Property Rights in the GW Application and the information material contained on the GW Application is owned by or licensed to GW.
6. Privacy
1. GW will store and handle all Personal Information provided by the User in accordance with the requirements of the Privacy Act 1988 (Cth).
2. GW (including its authorised third party contractors) may use any data and information (including Personal Information) that has been submitted by the User for the purpose of registering with or otherwise using the GW Application to provide the User with the GW Application, and for other purposes including to:
1. customise any promotional or advertising material made available via the GW Application;
2. contact the User with information regarding the GW Application; and
3. monitor the User’s use of the GW Application.
3. The GW Application may log (and GW may have access to) information about any mobile device or computer used to access the GW Application (including the User’s IP address, operating system and browser type) and the date and time of access.
4. GW cannot guarantee the security of any data transmitted via the GW Application. Any information submitted by the User using the GW Application is done so at the User’s own risk.
5. You are fully responsible for the security of data in your possession or control as a result of using the GW application (“Data”). You agree to comply with all applicable law and rules in connection with your collection, security and dissemination of any of this Data.
6. If GW believes that a security breach or compromise of Data has occurred, GW may require you to have a third party auditor that is approved by GW conduct a security audit of your systems and facilities and issue a report to be provided to GW. In the event that you fail to initiate an audit within 10 business days of GW’s request, GW may conduct or obtain such an audit at your expense.
7. Disclaimer
1. GW is not the supplier of any of the goods and services advertised through the GW Application. GW does not moderate interaction between Merchants and Users.
2. The Merchant(s) is entirely responsible for all goods and services advertised via the GW Application. All disputes relating to any advertised goods and services must be directed to the Merchant.
3. Representations about goods and services are based on information and material provided to GW by the relevant Merchant. For the avoidance of doubt, the User acknowledges that GW takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including Merchants, on the GW Application.
8. Termination of access
1. GW may terminate the User’s access to the GW Application at any time and for any reason including, but not limited to, a breach of these terms and conditions.
2. By accessing this site, the User acknowledges and agrees that any disputes in relation to the GW Application are to be determined by the courts of South Australia, in accordance with the laws of Victoria, Australia.
3. GW accepts no liability for any failure or delay in complying with these terms and conditions where such failure or delay is due to circumstances beyond GW’s reasonable control.
4. If GW waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by GW or its authorised representative.
5. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in force.