Terms & Conditions
Welcome to Grayza Holdings Pty Ltd ACN 637 066 552 (Grayza/we/us/our). We operate the Grazya platform (https://www.grayza.com/) (the Site) which provides a streamlined ordering and payment system for our partnered restaurants, cafes, bars and nightclubs (Venues).
Grayza allows restaurant patrons (you/Customers) to access the food and beverage menus of our partnered Venues through our Site. Customers can then place their orders and process their payments electronically without ever having to leave their table.
Acceptance and variation
Browsing our Site
- Please be aware that by creating an account, accessing, or otherwise using our Site you are agreeing to be bound by these Website Terms and Conditions (Terms).
- If you do not agree to these Terms, please exit the Site and do not proceed to access it in any way.
If you’re a Customer or Venue wanting to use our services you must also agree to our Customer Terms or our Venue Terms (as appropriate) (together the Commercial Terms).
- We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and to alter, amend or withdraw any part of these Terms, the Commercial Terms or any information or material appearing on the Site at any time, without liability or further notice to you.
- Your continued use of the Site will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us to these Terms or our Commercial Terms (as the case may be).
- The information contained within the Site (including its coding, imagery, wording, design, graphics and logos) are owned by us or are granted to us under licence and are protected under the Copyright Act 1968 (Cth).
- You may only retain copies of information on our Site if it is:
- obtained incidentally to your viewing and if kept only for your own personal reference; or
- obtained and kept in accordance with our Commercial Terms.
- GrayzaTM, the Grayza logo and our tagline ‘For queue jumpers’ are our trade marks, as are all other related signs and slogans distinguishing our services.
- In addition to our trade marks, the Site may also contain and display third party trade marks.
- You acknowledge and agree that you are not granted any right or licence with respect to our trade marks or the trade marks of any third party contained on the Site.
You agree that under these Terms you are only authorised to use the Site for the following activities:
- accessing the Site as a Customer;
- creating a Venue account;
- updating, amending or editing your account information, including your personal information and/or information relating to the Venue (as the case may be);
- communicating with other users in a manner consistent with these Terms and the Commerical Terms;
- conducting investigations with respect to our business;
- retrieving our contact details;
- reviewing our policies;
- accessing our help centre and/or frequently asked questions; or
- contacting us.
- You acknowledge that content posted:
- on any of our social media pages such as Facebook, Twitter, Instagram, Pintrest, Google+ and Youtube (Social Media); or
- on Social Media that we are tagged in (altogether Posts),
are the sole responsibility of the individual/s who made them.
- We do not control Posts that have been made by third parties and accordingly do not guarantee the accuracy, integrity or quality of them.
- Subject to sub-clause (b), all users of our Site must be 18 years of age or older. By your continued use of the Site, you represent and warrant that you are 18 years or older.
- Minors under the age of 18 years must only use the Site under the supervision of a parent or guardian.
You agree that you will not:
- use any automated processes or means to access the Site;
- use any software or manual repetition that will or is likely to interfere with the Site;
- attempt to gain access to:
- restricted areas of the Site;
- private and confidential information on the Site; or
- attempt to cause stress or detriment to the proper working of the Site, such as by:
- acting in any way likely to cause an unreasonable strain to the infrastructure of the Site;
- reloading or refreshing transaction pages more than once every 20 seconds; or
- requesting any page of the Site more than 1,000 times in aggregate in a 24 hour period.
- When using our Site you are sending information and communicating electronically.
- By making such electronic communications you acknowledge and consent to receiving communications (including legal notices) from us electronically.
- We may also deliver communications (including legal notices) to you by any means set forth in any of our other policies.
Code of conduct
It is a direct violation of these Terms for you to use information obtained directly or indirectly from the Site to contact, abuse, advertise, sell to, harass or harm any user of the Site.
Consequences of violation
- If you violate these Terms in any way we may in our sole discretion and without notice to you:
- take any legal action we have available against you;
- terminate your account;
- block your use of the Site;
- restrict your ability to make future accounts; and/or
- disclose information about you and your use of the Site for investigation by any enforcement body or licencing body for your breach of our Terms.
- You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you irrevocably consent to us seeking injunctive or other equitable relief against you as a consequence of your violation.
Third party content
- Opinions, advice, statements, or other information made available through our Site by third parties, are those of their respective authors, and should not necessarily be relied on. We hold authors responsible for any information they create, but we do not:
- guarantee the accuracy, completeness, or usefulness of any third party information on the Site; or
- adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any third party.
- Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to you by any third party using the Site.
Third party sites
- The Site may contain links to third party websites outside of our control (Linked Sites). We take no responsibility for content contained in any Linked Sites, and do not endorse any aspect of these third party services. Any Linked Sites are provided for convenience only.
- We cannot and do not guarantee, represent or warrant that the content contained in any Linked Site is accurate, legal, or inoffensive.
- Your use of Linked Sites is entirely at your own risk.
- You acknowledge that internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, computer hardware and software. To combat these risks, we implement industry leading practices to mitigate against defects to the Site, data breaches and interceptions and spreading of harmful code.
- With regard to any such device you choose to use as a means to access the Site, it is our recommendation that you maintain up-to-date anti-virus, scanning and security software designed specifically for your respective device and that you use the most up-to-date software operating system on your devices.
- We will not be held liable for any losses or damage caused by your use of the Site, whether directly or indirectly. You acknowledge and agree that your use of the Site is entirely at your risk.
- The Site is delivered on an “as is” and “as available” basis. Accordingly, we do not warrant that the Site will be error-free or uninterrupted.
- All due care is taken in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of the Site or any Linked Site.
- From time to time we may host third party content on the Site such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by that material.
- We will not be liable to you or any other party for damages of any kind arising from your use of the Site.
- You will at all times indemnify us and keep us indemnified (including each of our officers, employees and agents) from and against any loss, damage or costs (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceeding by any person against us where such loss, cost or damage arose out of or in connection with, whether directly or indirectly, your use of the Site or your breach of these Terms.
- This Agreement is governed by the law in force in the State of Queensland, Australia.
- Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
- Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland.
Any provision of the Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms which shall remain in force.