Terms & Conditions

1. Acceptance of Terms

By accessing or using DineDesk services ("Services"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you may not use our Services. These Terms constitute a legally binding agreement between you ("Client" or "you") and DineDesk ("we", "us", or "our").

2. Service Description

DineDesk provides a comprehensive restaurant operating platform including:

• Website design and development
• Content management system (CMS) for restaurant content
• Online ordering system with QR code table ordering
• Reservation and table booking system
• Loyalty program management
• Payment processing integration (via Stripe)
• Google Reviews integration
• Analytics and reporting tools
• Ongoing technical support and maintenance

Specific features and services may vary depending on the subscription plan selected.

3. Fees and Payment

3.1 Setup Fee

A one-time setup fee of AUD 249 applies to all new clients. This fee includes:

• Website design and development
• Menu import and configuration
• Domain connection
• Payment gateway setup
• System configuration and testing
• Initial training and onboarding

3.2 Monthly Subscription Plans

Monthly subscription fees are charged based on the selected plan:

• Starter: AUD 79 per month
• Growth: AUD 149 per month
• Pro: AUD 249 per month

3.3 Payment Terms

• Setup fee is payable before work commences
• Monthly subscriptions are billed in advance on the first day of each billing cycle
• Payments are processed via Stripe
• Prices are in Australian Dollars (AUD)
• We reserve the right to change pricing with 30 days notice to existing clients

4. Cancellation and Termination

4.1 Client Cancellation

You may cancel your subscription at any time without penalty. There are no lock-in contracts.

• Cancellations take effect at the end of the current billing cycle
• No refunds for partial months of service
• The setup fee is non-refundable once work has commenced
• Upon cancellation, you will retain access until the end of your billing period

4.2 Termination by DineDesk

We reserve the right to suspend or terminate your access to the Services if:

• You breach these Terms
• You fail to pay fees when due
• You use the Services for illegal or prohibited activities
• Your account poses a security risk to our systems

4.3 Data Export

Upon cancellation or termination, you may request export of your data (menu items, customer data, order history) within 30 days. After this period, data may be deleted in accordance with our retention policies.

5. Intellectual Property Ownership

5.1 DineDesk Ownership

DineDesk retains full ownership of:

• The DineDesk CMS platform and software
• Website templates and themes
• Source code and technical infrastructure
• Proprietary algorithms and business methods
• DineDesk branding, logos, and trademarks

5.2 Client Ownership

You retain full ownership of:

• Your restaurant's data (menu items, pricing, descriptions)
• Customer data (orders, reservations, loyalty information)
• Your branding materials (logos, images, content)
• Custom content created specifically for your restaurant

5.3 Licences

We grant you a non-exclusive, non-transferable licence to use the DineDesk platform for the duration of your subscription. You may not reproduce, modify, distribute, or create derivative works of our software.

6. Client Responsibilities

As a Client, you agree to:

• Provide accurate and complete information for your website
• Maintain the security of your account credentials
• Ensure all content you provide does not infringe third-party rights
• Comply with all applicable laws (including Australian Consumer Law, Food Standards Code)
• Keep your menu, pricing, and business information up to date
• Respond to customer orders and inquiries in a timely manner
• Handle customer complaints and disputes directly

7. Acceptable Use Policy

You may not use the Services to:

• Violate any applicable laws or regulations
• Upload malicious code, viruses, or harmful content
• Attempt to unauthorised access to our systems or other clients' data
• Use the Services for fraudulent activities
• Display false or misleading information
• Infringe intellectual property rights
• Send spam or unsolicited communications
• Compete directly with DineDesk using our platform

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy.

8. Limitation of Liability

To the maximum extent permitted by law:

• DineDesk's total liability is limited to the fees paid by you in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, or consequential damages
• We are not liable for lost profits, revenue, data, or business opportunities
• We are not liable for downtime, service interruptions, or technical issues
• We are not liable for third-party service failures (e.g., Stripe, Netlify)

Certain consumer rights under Australian Consumer Law cannot be excluded, including guarantees regarding services supplied with skill and care, and services fit for a specified purpose.

9. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Security of data transmission
• Accuracy of third-party data (e.g., Google Reviews)

10. Indemnification

You agree to indemnify and hold DineDesk harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services
• Your breach of these Terms
• Your violation of any third-party rights
• Content you provide or display on your website

11. Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance may be required with reasonable notice. We are not liable for downtime caused by:

• Force majeure events (natural disasters, acts of war)
• Third-party service failures
• Internet infrastructure issues
• Your own equipment or network problems

12. Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.

13. Changes to Terms

We may update these Terms from time to time. Significant changes will be communicated via email or posted on our website. Continued use of the Services after changes constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be resolved as follows:

• First, through good faith negotiation between the parties
• If unresolved, through mediation administered by a recognised Australian mediation service
• If still unresolved, through the courts of New South Wales

Nothing in this clause prevents you from seeking remedies under Australian Consumer Law.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and DineDesk regarding the Services and supersede all prior agreements, communications, and understandings.

17. Contact Information

For questions about these Terms, please contact us: