Terms of Service

1. About these terms

These terms form a binding agreement between [LEGAL ENTITY NAME] Pty Ltd (ABN [ABN]) (we, us, our) and the organisation that subscribes to Restaurant360 (you). By creating an account, starting a trial or using the platform, you agree to these terms. If you are agreeing on behalf of a business, you confirm you are authorised to bind it.

2. What the platform does

Restaurant360 is a record-keeping and workflow tool. It lets your team log temperature checks, complete task checklists, run product hold timers, print labels and produce reports. Which modules you can access depends on your subscription plan.

We may improve, change or discontinue individual features. If we remove a feature that is material to your use of the platform, we will give you reasonable notice and you may cancel without penalty.

3. Your food safety obligations remain yours

This is the most important term in this agreement. Please read it carefully.

• Restaurant360 records information that you and your staff enter. It does not inspect your premises, verify your readings, or assess whether your business complies with any law.
• You remain solely responsible for your food safety program and for compliance with the Australia New Zealand Food Standards Code and the food safety legislation of each state or territory in which you operate.
• We do not provide food safety, legal, regulatory or professional advice. Nothing in the platform, our reports or our marketing is a representation that using Restaurant360 will make your business compliant or will satisfy any regulator, auditor or certification scheme.
• You are responsible for checking that the records you keep in the platform meet your own retention and substantiation obligations, and for retaining copies independently where required.
• Automated features, including alerts, timers and any AI-generated insights, are aids only. They are not a substitute for supervision, judgement or your own verification.

4. Free trials

• Trial length and inclusions are shown at sign-up.
• Where a payment method is required to start a trial, we will tell you before you provide it, and we will email you before the trial ends.
• Unless you cancel before the trial ends, your subscription will automatically continue on the plan you selected and the first payment will be charged at that time.
• You can cancel at any point during the trial from your account settings, with no charge.

5. Fees, billing and renewal

• Fees are those shown on the pricing page for your plan, in Australian dollars, and include GST unless stated otherwise.
• Payments are processed by Stripe. We do not store your card details.
• Subscriptions renew automatically for successive terms (monthly or yearly, as selected) until cancelled.
• We may change our fees. We will give you at least 30 days' written notice before a change takes effect, and the change will apply from your next renewal. If you do not accept the new fees, you may cancel before they take effect and will not be charged the increase.
• If a payment fails, we will attempt to contact you. We may suspend access if the account remains unpaid after a reasonable period.

6. Cancellation and refunds

• You may cancel at any time from your account settings. Cancellation takes effect at the end of your current billing period.
• We do not generally refund fees already paid for the current period, except where a refund is required by the Australian Consumer Law or where we have failed to provide the service.
• Nothing in this clause limits your rights under the Australian Consumer Law.

7. Accounts, users and security

• You are responsible for all activity under your organisation's accounts.
• Where you choose to use a shared login for a location, you accept that activity recorded under that login cannot be attributed to an individual person. You are responsible for deciding whether that meets your own audit, supervision and record-keeping requirements.
• You must keep credentials secure and tell us promptly if you suspect unauthorised access.
• You are responsible for adding and removing user access as your team changes.

8. Your data

• You own the data you and your users put into the platform. We do not sell it.
• You grant us a licence to host, process, back up and display that data for the purpose of providing the platform to you, and to produce aggregated, de-identified statistics that do not identify you or any individual.
• You can export your records at any time while your subscription is active.
• After cancellation we will keep your data accessible for export for 30 days, after which it may be deleted. Please export anything you need before then.
• Personal information is handled in accordance with our Privacy Policy.

9. Acceptable use

You must not:

• enter records you know to be false, or backdate or alter records to misrepresent what occurred;
• use the platform to breach any law, or to infringe anyone's rights;
• attempt to access another organisation's data, or probe, scan or test the security of the platform;
• resell, sublicense or white-label the platform without our written agreement;
• upload malicious code, or content that is unlawful or offensive;
• upload photographs of people without the consent required by law.

10. Availability

We aim to keep the platform available at all times but do not guarantee uninterrupted access. We may carry out maintenance, and will try to schedule planned maintenance outside peak trading hours. You should have an alternative method of recording food safety information available if the platform is unavailable.

11. Third party services

The platform relies on third party providers for hosting, payments, email and certain features. Those providers have their own terms. We are not responsible for their acts or omissions beyond our own reasonable control, but we remain responsible to you for the platform itself.

12. Intellectual property

We own the platform, its software, design and branding. You get a non-exclusive, non-transferable right to use it during your subscription. You own your own data and your own branding uploaded to the platform.

13. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees or any other right you have that cannot lawfully be excluded.

Where we are entitled to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to resupplying the service or paying the cost of having it resupplied.

14. Limitation of liability

Subject to clause 13, and to the extent permitted by law, neither party is liable to the other for indirect or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings.

Subject to clause 13, and to the extent permitted by law, our total liability arising out of or in connection with these terms is limited to the fees you paid us in the 12 months before the event giving rise to the liability.

We are not liable for loss arising from your failure to comply with food safety law, from the accuracy of records entered by your staff, or from your reliance on the platform in place of your own supervision and verification.

15. Suspension and termination

• Either party may terminate for convenience at the end of a billing period.
• Either party may terminate immediately if the other materially breaches these terms and does not fix the breach within 14 days of written notice.
• We may suspend access immediately where there is a genuine security risk, unlawful use, or a legal requirement to do so. We will tell you why and restore access once the issue is resolved.

16. Changes to these terms

We may update these terms. We will give you at least 30 days' notice by email or in-platform notice of any change that materially affects your rights. If you do not accept the change, you may cancel before it takes effect and we will refund any prepaid fees for the unused period.

17. Disputes

If something goes wrong, contact us first at [LEGAL/SUPPORT EMAIL] and we will try to resolve it with you. If we cannot resolve it within 30 days, either party may pursue the matter through the courts or an appropriate dispute resolution body. Nothing in this clause stops either party seeking urgent relief.

18. General

• These terms are governed by the laws of [STATE/TERRITORY], Australia.
• If any part of these terms is unenforceable, the rest continues to apply.
• Neither party may assign this agreement without the other's consent, except as part of a genuine sale of business.

19. Contact

[LEGAL ENTITY NAME] Pty Ltd
ABN [ABN]
[REGISTERED ADDRESS]
[LEGAL/SUPPORT EMAIL]