Legal Guest and Registered User Terms
The terms for guests who book, order or pay at venues using APOS, and for venue staff and other people who use APOS apps.
1. About these terms
1.1 Who the terms are between
These terms are between you and Applause Technology Pty Ltd (ABN 23 613 658 763) (“APOS”, “we”, “us”). They apply when you use APOS-powered booking pages, waitlists, QR and online ordering, payment pages, receipts, feedback surveys, guest profile links, calls answered by APOS AI, or the APOS apps and APOS Portal (together, the “Services”).
1.2 Two kinds of users
- Guests are people who book, join a waitlist, order, pay or give feedback at a venue that uses APOS. Sections 1 to 16 and 21 to 26 apply to guests.
- Registered Users are owners, managers, staff, accountants and others a venue invites to use APOS apps or APOS Portal. Sections 1 to 9 and 17 to 26 apply to Registered Users. The venue’s use of APOS is also covered by our Merchant Terms of Service.
1.3 Accepting the terms
By using the Services you agree to these terms. If you don’t agree, please don’t use the Services. Our Privacy Policy explains how we handle personal information.
2. Who can use APOS
- You must be 18 or older to make a booking, place a paid order, create a guest profile or be a Registered User, or have the permission of a parent or guardian who accepts these terms for you.
- If you use the Services for a business or organisation, you confirm you can bind it to these terms.
- You must not use the Services if we have previously suspended or closed your access.
3. Our role and the venue’s role
3.1 We provide the technology
APOS provides software that venues use to take bookings, orders and payments. When you book, order or pay, your contract for food, drinks, tables, events and services is with the venue, not with APOS. We are not the venue’s agent.
3.2 The venue is responsible for its services
Each venue sets its own prices, menus, opening hours, availability, booking and cancellation policies, surcharges and refund policy, and is responsible for the quality, safety and legality of what it provides. Please contact the venue directly about your booking, order, bill, refund or experience. We will help where we reasonably can.
3.3 Information shown by venues
Menus, prices, photos, descriptions, allergen information and policies come from the venue. We don’t check them and can’t guarantee they are accurate.
4. Messages we send
4.1 Service messages
When you give your email address or mobile number, we and the venue may send you service messages by email or SMS, such as booking confirmations, reminders, waitlist alerts, order updates, receipts and feedback requests. These are part of the Services.
4.2 Marketing
A venue may send you marketing only if you have agreed or the law allows it. Each venue is responsible for its own marketing. Every marketing message includes a way to unsubscribe; opting out from one venue doesn’t opt you out from others.
4.3 SMS
Reply STOP to opt out of texts and HELP for help. Message frequency depends on your bookings and orders. Your carrier’s message and data charges may apply. Carriers are not responsible for delayed or undelivered messages.
5. Privacy
When you book, order or pay at a venue, the venue decides how your information is used, and its privacy policy applies. APOS handles that information on the venue’s behalf. Our Privacy Policy explains this and how to access or correct your information.
6. Acceptable use
You must not:
- make bookings you don’t intend to keep, make more than one booking for the same meal period at different venues to hold tables, or book under a false name;
- sell, transfer or trade bookings, or make bookings for commercial resale;
- use bots, scripts, scrapers or AI agents to make bookings, join waitlists or access the Services, except through features we provide for that purpose;
- give false information, impersonate someone or use a payment method you are not authorised to use;
- harass, threaten or abuse venue staff, other guests or our team;
- interfere with, overload or try to gain unauthorised access to the Services, or reverse engineer them except where the law allows;
- upload malware or content that is unlawful, defamatory, discriminatory, obscene or infringes someone else’s rights;
- use the Services to train AI models or build a competing service;
- use the Services for anything illegal.
7. Reviews, feedback and content
7.1 Honest feedback
Feedback, ratings and comments you give through APOS must be your own genuine experience of a visit you made. You must not be paid or rewarded for them, post them on behalf of someone else, or rate a venue you own, work for or compete with.
7.2 Who sees it
Feedback is shared with the venue, which may reply to you. We will tell you if feedback may be shown publicly before you submit it.
7.3 Licence
You keep ownership of content you submit. You give us and the venue a non-exclusive, royalty-free licence to use, store, display and reproduce it to provide and improve the Services and, for public feedback, to display it. You confirm you have the right to give this licence.
7.4 Moderation
We may remove content that breaks these terms or the law, or that we are legally required to remove. We don’t remove genuine feedback just because it is negative.
8. Intellectual property
APOS, its software, designs and brand are owned by us or our licensors. Venue names, logos and menus belong to the venue. These terms give you only a limited, revocable right to use the Services for their intended purpose. If you send us ideas or feedback about APOS, we may use them freely.
9. Third-party services and app stores
- The Services may link to or include third-party services, such as maps, payment pages or the venue’s own website. They have their own terms and privacy policies, and we are not responsible for them.
- Card payments are processed by licensed payment providers. Your card issuer’s terms and your rights to dispute a card payment (chargeback) still apply.
- If you download an APOS app from the Apple App Store or Google Play, the store’s terms also apply. Apple and Google are not responsible for the app or its support.
10. Reservations and the waitlist
- Booking details. Give accurate details, including your name, mobile number, email, party size and any requests. The venue may ask for more, such as a card for a large group.
- Confirmation. A booking is confirmed only when you receive a confirmation from the venue by email, SMS or on screen. Requests and enquiries are not confirmed bookings.
- Arriving. Arrive on time. Venues may release or shorten your table if you are late, according to their policy.
- Changes. Change or cancel through the link in your confirmation or by contacting the venue.
- Waitlist. Waitlist positions and quoted wait times are estimates and not guaranteed. Reply to or follow the link in your text when your table is ready; the venue may move on to the next party if you don’t respond in the time it gives.
- Seating and table times. The venue decides where you sit and how long a table is available for, and will tell you if a table time applies.
11. Cancellations, no-shows, deposits and card holds
- Venue policy. Each venue sets its own cancellation and no-show policy. We show it to you before you confirm a booking that has one. By booking, you agree to it.
- If there is no policy shown, please cancel at least 2 hours before your booking, or as soon as you know you can’t make it.
- Deposits and prepayments. If the venue asks for a deposit or prepayment, it is charged when you book and is handled under the venue’s policy, including any refund.
- Card holds. If the venue asks for card details to hold a booking, the card may be checked with a small temporary authorisation, which your bank releases. The venue may charge the cancellation or no-show fee shown in its policy if you cancel late or don’t arrive.
- Who decides. The venue decides whether to charge a fee and handles any dispute or refund. You keep your rights under the Australian Consumer Law and your card issuer’s dispute process.
- No cover fees. APOS doesn’t charge guests booking fees or cover fees.
12. Ordering and paying
- Prices. Prices are set by the venue and shown before you order. Surcharges, such as public holiday, card or service charges, are set by the venue and must be disclosed before you pay.
- Orders. An order is accepted when the venue confirms it. The venue may decline or change an order, for example if an item is unavailable, and will refund anything you paid for items it can’t provide.
- Tabs and pre-authorisations. If you open a tab or order at the table, the venue may place a temporary authorisation on your card and charge the final amount when you close the tab or the venue closes it on your behalf according to its policy.
- Tips. Tips are optional and go to the venue to be shared with staff according to its policy.
- Receipts. You can ask for a receipt by email or SMS. If you give your email or number for a receipt, the venue may link the visit to your guest profile with it.
- Refunds. Ask the venue. Refunds are handled under the venue’s refund policy and your rights under the Australian Consumer Law.
13. Allergies and dietary needs
You can tell a venue about allergies and dietary needs when you book or order, and the venue may save them to your guest profile so its team sees them next time. Always confirm your allergy with the venue’s staff when you arrive and order. APOS displays the information the venue and you provide but can’t guarantee that a dish is free of an allergen. The venue is responsible for its food and allergen information. In an emergency call 000.
14. Alcohol and age-restricted items
You must be 18 or older to order alcohol. Venues must follow responsible service of alcohol laws and may ask for photo ID, refuse service, or cancel an alcohol order without a refund of the alcohol if you can’t show valid ID or are intoxicated, as the law allows.
15. Gift cards, loyalty, offers and events
- Gift cards are issued by the venue under its terms. They can’t be exchanged for cash except where the law requires. Gift cards sold to consumers in Australia usually have an expiry period of at least 3 years.
- Loyalty programs are run by the venue under its terms. Points and rewards have no cash value, can’t be transferred or sold, and may be reversed if a purchase is refunded.
- Offers and promotions are subject to the terms shown with them, such as dates, eligibility and limits. Unless stated, offers are single-use and can’t be combined.
- Events and tickets are sold by the venue under its event terms, including refund rules if an event is changed or cancelled.
16. Calls answered by APOS AI
Some venues use APOS AI to answer phone calls, take bookings and add you to the waitlist. You will be told at the start of the call. Calls may be recorded and transcribed to provide the service, where the law allows. AI can make mistakes, so a booking is confirmed only when you receive a confirmation message. You can ask to speak to a person at any time, and the call will be passed to staff when they are available.
17. Registered users: who this part covers
This part applies to anyone a venue invites to use APOS Register, waiter tablets, kitchen displays, the owner app or APOS Portal, including owners, managers, staff, bookkeepers and contractors. The venue that invited you decides your role, which places you can access and when your access ends.
18. Registered users: using APOS apps
- We give you a personal, non-transferable, revocable licence to use APOS apps only for the venue that invited you, on devices it has approved, in line with your role.
- Use the Services only for your work for the venue, and follow the venue’s instructions and policies.
- Don’t try to get around permissions, approvals, device limits or activity logs.
- If you use your own phone for the owner app or notifications, you are responsible for keeping it secure and up to date.
19. Registered users: logins, PINs and activity logs
- Keep your login and PIN to yourself. Don’t share them or use someone else’s. Lock or sign out of shared devices when you step away.
- Activity logs. APOS records who did what and when, including sign-ins, clock-ins and breaks, voids, refunds, discounts, comps and opening the cash drawer. The venue can see these records and use them to run its business, as described in its workplace policies.
- Report problems. Tell your manager and us at partnersupport@aposgo.com straight away if you think your login or PIN has been used by someone else.
- Your staff information. The venue is your employer or engager and decides how your information in APOS (such as your name, role, roster and time records) is used. APOS handles it on the venue’s behalf, as explained in our Privacy Policy.
20. Registered users: handling guest information
- Use guest information, including notes, allergies, visit history and contact details, only to serve guests and for the venue’s legitimate purposes.
- Don’t copy, export, photograph or share guest information except as the venue’s policies allow.
- Write notes about guests that are factual, respectful and that you would be comfortable for the guest to read. Guests can ask to see the information held about them.
- Never record full card numbers or security codes in APOS notes.
- When you stop working with the venue, your access ends and you must not keep or use guest information.
21. Consumer law, disclaimers and liability
21.1 Your consumer rights
Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term, implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded or limited.
21.2 Disclaimers
Subject to those rights, the Services are provided as they are and as available. We don’t promise they will always be available or error-free, and we are not responsible for the venue’s food, drinks, services, information, policies or conduct.
21.3 Limits
Subject to section 21.1, where our liability for breach of a consumer guarantee can be limited, it is limited to supplying the services again or paying the cost of having them supplied again. We are not liable for indirect or consequential loss. Our total liability to you is limited to the greater of the amount you paid us (not the venue) in the 12 months before the claim and A$100. These limits don’t apply to our fraud, wilful misconduct, or personal injury or death caused by our negligence.
22. Indemnity
If you use the Services for a business (other than as a consumer or a small business protected by law), you indemnify us against third-party claims arising from your breach of these terms, your content or your unlawful use of the Services, except to the extent caused by our breach, negligence or misconduct.
23. Suspension and closing an account
- We may suspend or limit your access if you seriously or repeatedly break these terms, use the Services fraudulently or unlawfully, or put others at risk. Unless it is urgent or the law prevents it, we will tell you why and give you a chance to fix the issue.
- Venues may also block bookings from guests who repeatedly don’t show up, under their own policies.
- You can ask us or the venue to close your guest profile at any time. You remain responsible for amounts you owe a venue.
- For Registered Users, access ends when the venue removes you or its account ends.
24. Changes to these terms
We may update these terms. We will post the new version here with a new date and, for changes that reduce your rights, tell you before they take effect where we have your contact details. Changes don’t apply to disputes that arose before them. If you don’t agree, stop using the Services.
25. Complaints, disputes and governing law
- About a venue. Contact the venue first. If you can’t resolve it, tell us and we will help where we can.
- About APOS. Email partnersupport@aposgo.com. We will acknowledge your complaint within 5 business days and try to resolve it within 30 days.
- Your options. If we can’t resolve it, you can contact your state or territory consumer protection agency or use your local small claims tribunal. Nothing in these terms stops you from doing so.
- Governing law. These terms are governed by the laws of Victoria, Australia, and you may bring proceedings in the courts of Victoria or of the state or territory where you live.
26. General
- Notices. We may give you notices by email, SMS or in the Services.
- Force majeure. We are not liable for failures caused by events beyond our reasonable control, such as natural disasters, pandemics, or power, internet or mobile network outages.
- Assignment. You may not transfer these terms. We may transfer them as part of a sale or restructure of our business.
- Severability and waiver. If part of these terms is unenforceable, the rest still applies. A failure to enforce a right is not a waiver.
- Whole agreement. These terms and our Privacy Policy are the whole agreement between you and us about the Services. A venue’s own terms and policies apply separately to your dealings with it.
Contact
Applause Technology Pty Ltd · ABN 23 613 658 763 · partnersupport@aposgo.com