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Terms and Conditions

UNLIMITED TECHNICAL SOLUTIONS PTY LTD ACN 618 615 035 (KAYTA)

Consumer Terms and Conditions

1. Formation of an Agreement

1.1 These Terms and Conditions govern the basis on which Kayta provides access to, and use of, the System to any person who clicks, taps or selects a button, takes any similar action within the System, or completes the Kayta account registration process (“You”, “Your” or “Consumer”).

1.2 By accessing or using the System, You acknowledge that You have read and understood these Terms and Conditions, agree to be legally bound by them, and confirm that, in the jurisdiction in which You are located at the relevant time, You are of legal age and have the legal capacity to enter into a binding contract.

2. Payment Processing, Orders and Refunds

2.1 The System enables You to place orders for Hospitality Services with Venues. Each Venue may, at its discretion, make any Hospitality Service available for table ordering, delivery or pickup.

2.2 You acknowledge and agree as follows:

  1. By placing an order with a Venue, You enter a binding contract with the Venue and will pay for all Hospitality Services included in the order.
  2. All payments made through the System are processed and disbursed by Kayta’s third-party payment provider, including Stripe (or any replacement provider from time to time), and You agree to be bound by that provider’s terms and conditions available at www.stripe.com/en-au/legal, with any breach of those terms deemed to be a breach of these Terms and Conditions.
  3. All Charges incurred by You in connection with an order are payable to the Venue, however Kayta, through its third-party payment providers, will process and collect those payments on the Venue’s behalf.
  4. All payments of Charges made by a Consumer are final and non-refundable, and an order will not be submitted to the Venue unless and until You have paid all Charges in full through the System.
  5. Once an order has been completed and processed through the System, it cannot be cancelled. You remain liable for all Charges if You complete an order and leave the Venue before receiving any Hospitality Service included in the order, or if You are not present at the delivery address at the time of delivery.
  6. Charges may vary between Consumer accounts, and a Venue may apply time-based pricing. Kayta or its content providers do not guarantee the availability, accuracy, completeness, reliability, or timeliness of offers or promotions provided through the System.
  7. Kayta does not moderate or edit any Hospitality Services displayed on the System and gives no warranty that any Hospitality Services shown through the System will in fact be available.

2.3 By accessing or using the System, You acknowledge and agree that any complaint or dispute concerning the provision of a Hospitality Service by a Venue must be raised with that Venue, and that Kayta will not, in any circumstances, be liable to You for any Loss, damage or liability arising from any act or omission of a Venue or any third-party payment provider.

2.4 A Venue may, at its discretion, change the price of any Hospitality Service before an order is completed. Once the order has been completed, You are responsible for the prices displayed in the System.

2.5 You acknowledge that a Venue may, in its sole discretion, reject or refuse Your order at any time. If the Venue rejects or cancels Your order, You will receive a refund in accordance with that Venue’s refund policy.

2.6 A Venue may, at its discretion, provide You with a full or partial refund. You acknowledge that any refund offered by a Venue will not be processed immediately. Where a refund is processed by a Venue within the System, the refunded amount will be returned to Your payment method through the third-party payment provider used by Kayta. If a Venue instead processes a refund by another payment method, including cash or a merchant facility, the Venue will be liable for any additional or duplicate refund processed within the System.

2.7 Certain parts of the System may require You to complete the Kayta account registration process. In order to obtain an account, You:

  1. Must not previously have been barred or excluded by Kayta from holding an account before registering that account.
  2. Acknowledge and agree that the account holder is responsible for the account and for any activity on, or use of, that account.
  3. Must not create an account for another Consumer or create more than one account for Yourself.
  4. Acknowledge and agree that Kayta may, in its sole discretion, cancel or close any account or prevent any Consumer from opening an account.

3. Links and Communication

3.1 Kayta may send You emails, text messages or notifications from time to time, including receipts and other notices, including notices of changes to these Terms and Conditions.

3.2 Kayta, its third-party providers, or a Venue may send You emails, text messages or notifications relating to promotional offers. All promotional communications will include an unsubscribe function.

3.3 The System may include links to third-party materials not owned or controlled by Kayta. Kayta does not endorse, and assumes no responsibility for, any third-party sites, information, materials, products or services. If You select a link in the System that redirects You to third-party content or a third-party site, You will be subject to that third party’s terms and conditions. Kayta will not be responsible or liable, whether directly or indirectly, for any damage or Loss suffered by You in connection with Your use of, or reliance on, any third-party content, goods or services.

3.4 If You access services through the System developed for Apple iOS or Android mobile devices, Apple Inc. and Google Inc. (and their relevant affiliates), respectively, will be third-party beneficiaries of these Terms and Conditions. Those third-party beneficiaries are not parties to these Terms and Conditions and are not responsible for providing or supporting any Hospitality Services. Your access to Hospitality Services by means of Apple iOS or Android mobile devices is subject both to these Terms and Conditions and to the applicable third-party beneficiary’s terms of service.

4. Privacy

4.1 Kayta’s approach to privacy is described in the Privacy Policy available at www.kayta.com/privacy/. You acknowledge that You have read and understood that Privacy Policy and consent to the collection, use and disclosure of Personal Information in accordance with the Privacy Policy and applicable Data Protection Legislation.

4.2 You acknowledge and agree that all Intellectual Property Rights in the System and the Output, and relating to them, are owned by the Kayta Group or its licensors.

4.3 Subject to these Terms and Conditions, Kayta grants You a limited, non-exclusive, non-transferable and non-assignable licence to access and use the System solely for Your own Permitted Purpose.

5. Liability

5.1 To the maximum extent permitted by law, Kayta excludes any liability arising under any guarantee, condition or warranty, including any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result, and any other right or remedy arising under legislation or implied into these Terms and Conditions by legislation (Statutory Warranties). Where any legislation prevents the exclusion or modification of liability under Statutory Warranties, Kayta’s liability for a breach of those Statutory Warranties will not exceed the amount, if any, paid by You through the System. You acknowledge and agree that Kayta’s reliance on this limitation of liability is fair and reasonable in all of the circumstances.

5.2 Without limiting clause 5.1, Kayta does not represent or warrant that the System will be available at any particular time or for any particular period, or that the System will operate without error or interruption.

5.3 Kayta is not responsible for any technical malfunction or any other problem related to, or resulting from, the use or downloading of the System, materials connected with the System, or any products or services offered through the System.

5.4 To the maximum extent permitted by law, Kayta excludes all liability, whether in contract, tort or otherwise, for any Loss arising out of:

  1. Your use of, or reliance on, the System.
  2. The availability, security, use of, or reliance on, the System or any third-party integrated with the System in any way.
  3. The quality of, or failure to provide, any items or Hospitality Services provided by a Venue, whether such Loss is direct or indirect.

5.5 To the maximum extent permitted by law, You agree to release Kayta and each of its officers, employees, agents and contractors (Indemnified Persons) from and against any Loss of any kind that You suffer or incur arising from Your use of the System, its functionality, or any Hospitality Services provided through the System, other than Loss arising from a breach of an express term of these Terms and Conditions.

6. Miscellaneous

6.1 You must not assign these Terms and Conditions, or any benefit arising under them, without Kayta’s prior written consent.

6.2 No provision of these Terms and Conditions, and no right arising under them, may be waived except by written waiver signed by the party granting that waiver.

6.3 These Terms and Conditions are governed by the laws in force in Western Australia. You submit to the non-exclusive jurisdiction of the courts of Western Australia, and of courts hearing appeals from those courts, in respect of any dispute concerning these Terms and Conditions.

6.4 If any provision of these Terms and Conditions is found to be unlawful, invalid, unenforceable or inconsistent with any rule of law, statute, ordinance or regulation, that provision must be read down so as to be valid and enforceable or, if that is not possible, severed, without affecting the validity or enforceability of the remaining provisions.

7. Definitions

In these Terms and Conditions, the following words have these meanings unless a contrary intention appears:

Charges means the total amount payable for an order, including all amounts payable for Hospitality Services included in that order, any taxes required by law, any other applicable fees or surcharges imposed by a Venue, and any discretionary tips entered by You.

Kayta means UNLIMITED TECHNICAL SOLUTIONS PTY LTD ACN 618 615 035.

Kayta Group means UNLIMITED TECHNICAL SOLUTIONS PTY LTD ACN 618 615 035 and each of its subsidiaries from time to time (including Kayta), or any one or more of them, as the case requires.

Data means any data manually entered by You into the System.

Data Protection Legislation means all applicable laws regulating the use, storage, solicitation, security, access, limitation and processing of Personal Information.

Hospitality Services means hospitality-related services or products, including the ordering and payment for food and beverages.

Intellectual Property Rights means any and all:

  1. Present and future registered and unregistered rights relating to copyright.
  2. Designs, semiconductor or circuit layouts, trade marks, trade names, business names, trade secrets, know-how, confidential information, patents, inventions and discoveries.
  3. Applications for the grant of any of the foregoing.
  4. Other rights of a similar kind arising, or capable of arising, under statute or common law in the Commonwealth of Australia or elsewhere in the world.
  5. Other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967.