These Terms and Conditions apply to the use of this Service. In using this Service and our services, you agree to be bound by these Terms and Conditions and our privacy policy. If you do not accept these Terms and Conditions, you must refrain from using the Service.

1. Definitions
In these Terms and Conditions:

“Goods” includes food, beverages and other products (and related services) that may be made available for purchase by a Venue Operator, and unless the context requires otherwise, includes such goods purchased through use of the Service;
“Order” means an order to purchase Goods from a Venue Operator, using the Service;
“Service” means our website located at www.orderyesterday.com, our mobile applications and technology and unless the context requires otherwise, includes any related services, including the use of same to purchase Goods;
“Venue Operator” means the operator of a venue (such as a restaurant, café or bar) who has an agreement with us to use the Services in order to facilitate customer transactions;
"We", "us" and "our" are references to Yesterday App Pty Ltd ACN 652 606 465; and
“You” and “your” are references to you as a user of the Service.

2. Our role

You agree and acknowledge that our role in providing the Service is to act as an intermediary between you and the Venue Operator and to facilitate the making of transactions for the purchase of Goods between you and Venue Operators using our technology.
You agree and acknowledge that we are not responsible for the preparation of food and beverages, the delivery of Goods, nor the provision of hospitality services.

3. Use of the Service and the Website

We grant you a non-exclusive, non-transferrable licence to use and access the Service, subject to your compliance with the remainder of these Terms.
In order to place and receive Orders, you will need to register as a user. Upon registration we may collect personal information such as your name, address, location, valid email address and mobile phone number. You agree to provide accurate and complete information and to keep this information updated when interacting with us. We collect and use your personal information in accordance with our Privacy Policy [insert link].
You agree that we may send you electronic messages to the phone number and/or email address that you provide to us, where they relate to your use of the Service and the placing and delivery of Orders. We may also send you other commercial messages if and where you have opted in to receive them.
You are solely responsible for any activity occurring on your account. You must maintain the security of your account details including passwords. If you suspect unauthorised use of your account or that your password is no longer secure, you must notify us immediately.
You may not use another member or user’s account without their permission.

4. Information about and depictions of Goods

To the extent permissible at law, we do not accept responsibility for how Goods will be represented, or how information about Goods (including their ingredients, allergens, etc) that is supplied by Venue Operators, will appear on the Service or the accuracy or completeness of same, which shall be the responsibility of the Venue Operator. Further, due to technical limitations of photography and visual representation, Goods may not always look exactly the same as their depictions when received.

5. Ordering and Purchasing Procedure

The promotion and listing of Goods on the Service does not constitute an offer to sell or guarantee the availability of Goods. It is an invitation to treat only and we reserve the right to accept or reject your purchase request. Orders placed by you via the Service are offers to purchase Goods at the prices listed and pursuant to the terms of this Agreement. The delivery of the Goods will be fulfilled by the Venue Operators.
We warrant that we have the right to collect, on behalf of Venue Operators, payment for Goods that you order, by placing Orders with our Services. When you purchase Goods through use of the Service, you are discharged from the obligation that you would otherwise have to directly pay the Venue Operator for those Goods.
You agree and acknowledge that we may impose limits on the Goods that you purchase using our Service, either to comply with regulatory requirements or for other reasons.
Prices will be in Australian dollars. Prices include GST where applicable. Prices are current at time of display but are subject to change.
When you give us your credit or debit card details you are confirming that you are either the card holder, or that you have permission from the card holder to use the card for the purpose of ordering Goods.
You are not entitled to cancel an Order once it has been submitted, even if our acceptance or rejection of your offer is still pending. Our customer service team may at its discretion consider requests for cancellation.
Once your Order has been accepted, you will receive an order confirmation via email. Please check this confirmation.
We may cancel an Order before delivery in whole or in part, even if we have received payment from you. The reasons for such cancellation may include unavailability of any Goods, an error in the description of any Goods (including price), your Order being breach of these terms or otherwise contrary to law, or where cancellation is otherwise permitted under these terms or at law. If we have received money from you in relation to that cancelled Order or portion, we will refund the corresponding amount(s). We will cancel by giving you such notice of cancellation as is reasonably practical in the circumstances.
If paying with a credit card, there may be additional charges imposed by your credit card provider, including further charges where your purchase involves foreign exchange transactions. The processing of payments or credit cards is subject to the terms and conditions of the issuer of your credit card. We are not liable in respect of the acts or omissions of such issuers.
You agree and acknowledge that we may use third parties who process payments for in order to facilitate transactions with you. These may include Till Payments, Apple Pay and Google Pay. In addition to any purchase price for the Goods the subject of your Orders, there may be additional transaction fees charged by these third parties.
Payment must be effected in the manner described on the Service and must be received in full prior to dispatch of Products.
You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your Order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

6. Delivery / fulfilment of Orders

You agree that we do not guarantee that goods in your Order will be delivered, or made available for collection within any particular time frame. Nor as we responsible for ensuring that Goods are of any particular standard or quality, which is the responsibility of the Venue Provider.

7. Alcohol

You agree and acknowledge that Venue Operators are obliged to comply with all applicable laws regarding the service (including responsible service) of alcohol. It is against the law to supply or supply alcohol to, or obtain alcohol on behalf of a person under 18 years of age. You affirm that if purchasing alcohol using our Service that you are over 18 years of age.

8. Your use of the Service

You are provided with access to and are authorised to download material contained on this Service only for your personal use. Without limiting the foregoing, you may not, without our written permission, on-sell any information obtained from this Service, use any data mining robots or other extraction tools or metatag or mirror the Service without our prior written permission.
You must take your own precautions to ensure that the process which you employ for accessing this Service does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or other device which arises in connection with your use of this Service or any linked website.
When you click on a website of or access details of Goods, your browser may automatically direct you to a new browser window that is not hosted or controlled by us. We are not responsible for the functionality or safety of those sites.
You must not use this Service, in breach of any laws or regulations or to transmit unsolicited emails/spam or to defame, abuse, harass, threaten or otherwise harm any person.

9. Warranties and Disclaimers

Services we supply to you come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions purports to modify or exclude them if they cannot be modified or excluded under that law.
To the extent permissible at law this Service and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind. You accept that information provided or relayed by us is general information and is not in the nature of advice and is not guaranteed to be error-free.
To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Service, or any other linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Service. Without limiting the foregoing, to the extent permissible at law we exclude liability in respect of:
(a) mistakes or inaccuracies on the Service or in any description of Goods;

(b) any loss or damage caused by allergic reactions from consumption of Goods purchased through use of the Service;

(c) the purchase or consumption of alcohol by minors;

(d) any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers;

(e) bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Service by a third party; or

(f) any interruption or cessation of transmission from our Service.
To the extent permissible at law, any representation, condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Without limiting the foregoing, to the extent permissible at law we disclaim all warranties regarding title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
To the extent permissible at law, our maximum liability to you shall not exceed the total amount of any order you place. in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity, or any physical injury) of any nature arising through or as a result of your use of the Service or any Goods purchased through it.
Our liability to you for loss or damage of any kind (whether in contract or otherwise) arising out of or agreement with you is reduced to the extent that you cause or contribute to the loss or damage.
We do not make any representations or warranties that your access to the Service will be uninterrupted, timely, secure or error free. Without limiting the foregoing, we may at times require to conduct maintenance which may impact upon your access to use of the Service.

10. Links and advertisements

This Service may contain links to other sites and platforms, including but not limited to those of suppliers of goods and services ("linked sites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked sites.
Our links with linked sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked sites, or of any information, graphics, materials, products or services referred to or contained on those linked sites, unless and to the extent stipulated to the contrary.
You may link to our website with our written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Responsibility for the content of advertisements appearing on this Service rests solely with the advertisers. The placement of an advertisement does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisements.

11. Intellectual property rights

“Yesterday”, including any logo version of that trade mark, is our trade mark and may not be used by you without our prior written consent.
Copyright in this Service and its contents is owned by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation, by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, communicate to the public or create derivative works from the Service.
We do not claim copyright or ownership of other intellectual property rights in respect of third party content (including trade marks and logos of third parties) appearing on the Service, which remain the proprietary rights of the respective third parties concerned.

12. User content

From time to time we may include functionality for users to upload material or content (which may include text, data, files, images, photographs and audiovisual material) ("User Content") to or make comments or other postings on the Service. If you avail yourself of these facilities, you must not upload, post, transmit or otherwise make available on the Service any content that is defamatory, that promotes, encourages or provides information about unlawful conduct or activities, that infringes any third party's intellectual property rights or breaches confidentiality, that includes a photograph or other likeness, or personal information of another person without their consent, that contains pornography, nudity, sexual acts or references, that incites hatred or discrimination against any person or group of persons, that contains any unsolicited or unauthorised advertising or promotional material, that misrepresents your relationship with any person, that is misleading, false or deceptive (whether by representations or omissions) or contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure or that could damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Service.
If you provide us with any User Content for inclusion on the Service, you grant us an irrevocable, royalty-free licence to use and reproduce that content on the Service. We shall not be obliged to use, display or retain any User Content so supplied.
We reserve the right to remove any User Content that you may post at any time without notice to you.

13. Liability and Indemnity

To the extent permissible at law, and except as otherwise set out in these Terms and Conditions, we disclaim all liability for any loss or damage associated with your use of the Service, including loss or damage relating to or arising from misdescription or misrepresentation of Products or their ingredients, allergic reactions due to consumption of Products, consumption of alcohol (including, but not limited to consumption by minors).
You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Service or any breach of these Terms and Conditions.
Nothing in these Terms and Conditions is intended to modify or exclude any guarantee or consumer right that cannot be excluded under applicable laws including the Australian Consumer Law. Where any warranty or guarantee cannot be so excluded, our liability to you will be limited, to the extent permissible at law, to a refund of the price paid for your Order.

14. Breach of Terms and Conditions / Termination of Access

Without limiting any other remedy available to us at law, if we reasonably consider that you have breached any of these Terms and Conditions, we may take such action as we deem appropriate to deal with the apprehended breach, including, but not limited to suspending your access to the Service, preventing computers using your IP Address from accessing the Service, and contacting your internet service provider to request that your access to the Service be blocked.
Without limiting the foregoing, you acknowledge that we may terminate the operation of, and hence your access to, this Service (whether temporarily or permanently) at any time by us without notice. We will not be liable to you for doing so.
Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.

15. Waiver, Severance and Assignment

Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.
If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.
In the event that we merge, sell or otherwise change control of our business or company or this Service, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under this Agreement.

16. Force majeure

We shall not be liable for any delay in performance of our obligations under this agreement if the delay is caused by circumstances beyond our reasonable control.

17. Governing Law

These Terms and Conditions are governed by the laws in force in Victoria, Australia and any dispute in relation to them will be heard by the courts of Victoria, Australia who will have exclusive jurisdiction to determine same.

18. Amendments to Terms and Conditions

We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Service. Your continued use of the Service following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.

Date of last update: August 2022