1.1 Yum Trading Pty Ltd (ACN 631 694 132) and its associated entities (together, “Mr Yum”, “we”, “us”) provides an interactive mobile menu (Menu) containing food, beverage and merchandise products (Products) from third party restaurants and venues (Venues). By scanning the QR code or tapping the NFC chip located at participating Venues or by visiting the links located on a Venue’s website, You will be directed to our Website 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 Website which is processed in accordance with clause 3 (Services).
1.3 Any reference in these Terms to “you” or “your” or “Customer” means any person accessing, viewing or using the Website and/or Services.
1.5 Mr Yum may amend these Terms at any time at its sole discretion. By continuing to use the Website and/ or Services, you will be deemed to have accepted any revised terms from the date that they are published on the Website.
1.6 Mr Yum reserves its rights to investigate and take appropriate legal action for any Illegal and/or unauthorised use of the Services, the Website or breach of these Terms.
2. Using our Services and Website
2.1 Mr Yum grants you a non-exclusive, non-transferable licence to access, use and navigate the Services and Website subject to you complying with these Terms.
2.3 You acknowledge and agree that Mr Yum may send electronic messages to your contact telephone number or email address. You agree that by using the Services you consent to Mr Yum sending you electronic messages. We will only send you messages related to your Order and, if you opt in, we may send you direct marketing communications and information about services that we consider may be of interest to you. You can opt out of receiving direct marketing communications and information at any time.
2.4 You agree that placing an Order using the Services is subject to you making full payment for the Products 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 Mr Yum 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.
2.8 You acknowledge that Mr Yum does not guarantee that any of the information displayed on its Website including all information, photos, ingredients, explanations of a Product or the Menu of the Venue are accurate and Mr Yum is not liable for any errors in representation.
2.9 You acknowledge that Mr Yum 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.
3. 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 Website.
3.2 Mr Yum 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 Mr Yum will not place your Order with the Venue until you have made full payment of the Product through or Website.
3.5 You acknowledge that the purchase price or availability of the Product as displayed on the Services and Website may differ from time to time to the purchase price of the Product advertised at the Venue.
3.6 You acknowledge that Mr Yum uses third party payment processors including but not limited to Stripe, Braintree, Square, 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 websites. Mr Yum 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 Website and you acknowledge the Mr Yum is not liable for any unauthorised use of any payment method.
3.9 You agree that if you submit an Order, Mr Yum 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.
4. 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: