Terms of Service

Welcome to BeaconTable. BeaconTable connects Venue Owners with Customers through GPS-based venue discovery, Bluetooth Low Energy (BLE) beacon visit confirmation, digital menus, dietary and allergen filtering, and loyalty/stamp programs (the "Services", provided through our website, mobile application and related platform, collectively the "Platform").

These Terms form a binding contract between you and BeaconTable Pty Ltd (ABN 90 696 057 119) ("BeaconTable", "we", "us", "our"). By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

These Terms must be read together with our Privacy Policy. If you are a Venue Owner, additional terms relating to your Subscription and Loyalty Programs also apply as set out below.

1. Definitions

• Account means a registered Customer or Venue Owner account on the Platform.
• Beacon means the BLE hardware device provided or recommended by BeaconTable for installation at a Venue, used to confirm a Customer's physical visit once they are at the Venue.
• Consumer Law Rights means any guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the Consumer Guarantees Act 1993 (NZ) and Fair Trading Act 1986 (NZ), as applicable, that cannot lawfully be excluded.
• Customer means an End User who uses the Platform to discover Venues, view menus, or participate in Loyalty Programs.
• Loyalty Program means a stamp card, points, or rewards scheme that a Venue Owner offers to Customers through the Platform.
• Menu Content means menu items, prices, descriptions, dietary/allergen data, and images uploaded by a Venue Owner.
• Subscription means a Venue Owner's paid plan for access to the Platform's venue-management features.
• User Content means Menu Content and any other material a Venue Owner uploads, posts, or submits through the Platform.
• Venue means a hospitality venue registered on the Platform.
• Venue Owner means a registered business user who manages a Venue's presence, menu, Loyalty Programs and Subscription on the Platform.
• You / Your means the Customer or Venue Owner using the Platform.

2. Accounts and Eligibility

2.1 You must be at least 16 years old to create a Customer Account, and at least 18 years old and legally authorised to bind your business to create a Venue Owner Account.

2.2 You must provide accurate, current and complete information and keep it up to date. You are responsible for all activity on your Account and for keeping your login credentials secure. Notify us immediately if you suspect unauthorised access.

2.3 Venue Owner verification: Before activating a Venue Owner Account, we may require evidence that you are authorised to represent the Venue, which may include verifying ownership of the Venue's website or domain (e.g. a DNS record check) or providing business registration details. We may refuse or suspend an Account where verification cannot be confirmed.

2.4 You may close your Account at any time through your Account settings or by emailing legal@beacontable.com. Closure does not affect fees already due or Loyalty Program obligations owed to Customers as at the closure date.

3. Our Services

3.1 For Customers, the Platform provides: GPS-based venue discovery, BLE Beacon-based visit confirmation, digital menu access, dietary/allergen filtering, and Loyalty Program participation.

3.2 For Venue Owners, the Platform provides: digital menu management, customer analytics (including venue-search and Beacon-based visit statistics), Beacon integration, Loyalty Program tools, and promotional features, according to your Subscription plan.

3.3 We do not guarantee that the Platform will be available 100% of the time, error-free, or uninterrupted. Access may be affected by maintenance, third-party service outages, or events beyond our reasonable control.

4. Venue Owner Subscriptions and Payments

4.1 Subscription plans, features and fees ("Subscription Fees") are set out at [beacontable.com/vendor/pricing]. Fees are quoted in AUD (or NZD where billed to a New Zealand-incorporated Venue Owner) and are exclusive of GST/GST-equivalent unless stated otherwise.

4.2 Subscription Fees are billed in advance on a recurring Billing Cycle and will auto-renew unless cancelled through your Account before the next Billing Cycle begins. Cancellation takes effect at the end of the current Billing Cycle; you remain liable for Fees already incurred.

4.3 Free trials, where offered, convert automatically to a paid Subscription at the end of the trial unless cancelled beforehand.

4.4 We may change Subscription Fees with at least 30 days' written notice. Continued use after the change takes effect constitutes acceptance of the new Fees.

4.5 Subject to your Consumer Law Rights, Subscription Fees are non-refundable for change of mind. Where a refund is required by law, or where we are unable to provide a Subscription feature you have already paid for, we will refund the affected amount on a pro-rata basis.

4.6 Late or failed payments may result in suspension of your Venue Owner Account until payment is made. We may charge interest on overdue amounts at the Reserve Bank of Australia cash rate plus 2% per annum (or the Reserve Bank of New Zealand Official Cash Rate plus 2% per annum for NZ-billed accounts), calculated daily.

5. Loyalty Programs and Stamp Cards

5.1 BeaconTable provides the Platform to enable Loyalty Programs; we are not a party to the Loyalty Program itself, and are not the supplier of the rewards, discounts or products offered.

5.2 Venue Owners must accurately describe their Loyalty Program terms (e.g. stamps required, reward, expiry) in the Platform and must honour rewards earned by Customers in good faith and in accordance with those terms.

5.3 If a Venue Owner fails to honour an earned reward, the Customer may report this to us. We may, at our discretion, investigate, warn, or suspend the Venue Owner's Account, but we are not responsible for enforcing or fulfilling the reward on the Venue Owner's behalf.

5.4 If a Venue Owner's Account or a Venue closes, any unredeemed Loyalty Program stamps or rewards tied to that Venue lapse, except to the extent a Customer's Consumer Law Rights require otherwise.

6. Menu Content

6.1 Venue Owners are solely responsible for the accuracy of their Menu Content, including dietary and allergen information, and warrant that it is not misleading. We do not independently verify Menu Content.

6.2 We may remove any Menu Content, at our discretion, that is inaccurate, unlawful, discriminatory, or breaches these Terms, without prior notice.

6.3 By submitting Menu Content, you grant BeaconTable a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, and distribute that content for the purpose of operating and promoting the Platform, for as long as it remains on the Platform and for a reasonable period afterwards for record-keeping purposes. You retain ownership of your Menu Content.

7. Beacon Hardware

7.1 Where we provide or recommend Beacon hardware, you are responsible for its correct installation, maintenance and power supply. Beacons are used to confirm a Customer's physical visit to a Venue (e.g. for visit and dwell-time analytics) and are not the mechanism by which Customers find or are shown a Venue in the first place. We do not guarantee that a Beacon will always be detected by a Customer's device, and we are not liable for any loss arising from a Beacon's failure to broadcast or be detected.

8. Intellectual Property

8.1 We own all intellectual property in the Platform (excluding Menu Content), including its software, design, "look and feel", trademarks and logos. Nothing in these Terms transfers any such rights to you.

8.2 You must not copy, modify, reverse engineer, or create derivative works from the Platform without our prior written consent.

8.3 If you provide us with feedback or suggestions, we may use them without restriction or compensation to you.

9. Privacy

We collect, use and disclose personal information in accordance with our Privacy Policy and applicable privacy law, being the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and the Privacy Act 2020 (NZ) where you are a New Zealand-based User. By using the Platform, you acknowledge our Privacy Policy.

10. Consumer Law Rights

10.1 Nothing in these Terms excludes, restricts or modifies any Consumer Law Right that cannot lawfully be excluded, including guarantees under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ).

10.2 If you are in Australia, nothing in these Terms limits any right or remedy available to you under the Australian Consumer Law.

10.3 If you are in New Zealand and using the Services for the purposes of a business, you agree that, to the extent permitted by the Consumer Guarantees Act 1993, the parties are of equivalent bargaining power and contract out of that Act to the extent the law allows.

10.4 Where we are liable for failing to comply with a Consumer Law Right that cannot be excluded, our liability is limited (at our election, and where the law permits such limitation) to re-supplying the Services or paying the cost of having the Services re-supplied.

11. Disclaimers

11.1 The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, and subject to your Consumer Law Rights, we exclude all warranties, express or implied.

11.2 We do not endorse or guarantee any Venue or Menu Content, and Customers should exercise their own judgement when visiting a Venue or relying on dietary/allergen information. Venue Owners remain solely responsible for the accuracy of allergen and dietary information they publish.

12. Limitation of Liability

12.1 To the maximum extent permitted by law, and subject to clause 10, neither party is liable to the other for any Consequential Loss (including loss of profits, revenue, data, goodwill or anticipated savings).

12.2 Subject to your Consumer Law Rights, our aggregate liability arising from or in connection with these Terms is limited to the total Subscription Fees you paid us in the 12 months before the event giving rise to the claim, or AU$1,000 (or NZ$1,100) if you have no Subscription.

12.3 Clause 12.2 does not apply to liability that cannot lawfully be limited, including liability for death, personal injury, or breach of a Consumer Law Right.

13. Indemnity

You agree to indemnify us against any loss, damage, cost or expense (including reasonable legal costs) we incur arising from your breach of these Terms, your Menu Content, or your unlawful use of the Platform, except to the extent caused by our own breach or negligence.

14. Suspension and Termination

14.1 We may suspend or terminate your Account if you breach these Terms and do not remedy that breach within 14 days of us notifying you (or immediately, if the breach cannot be remedied or involves fraud, safety, or unlawful conduct).

14.2 You may terminate your Account at any time in accordance with clause 2.4.

14.3 On termination, Venue Owners' outstanding Loyalty Program obligations to Customers as at that date are honoured or refunded in accordance with clause 5.4; any prepaid, unused Subscription Fees are refunded on a pro-rata basis where termination is due to our uncured breach.

15. Dispute Resolution

15.1 Before commencing court proceedings (other than to seek urgent injunctive relief), you and we agree to first meet in good faith to try to resolve any dispute.

15.2 If unresolved, and you are resident or incorporated in Australia, the dispute will be referred to mediation administered by the Resolution Institute (or equivalent recognised Australian mediation body). If you are resident or incorporated in New Zealand, the dispute will be referred to mediation administered by AMINZ (Arbitrators' and Mediators' Institute of New Zealand).

16. Governing Law and Jurisdiction

16.1 If you are resident, incorporated, or predominantly use the Services in New Zealand, these Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the courts of New Zealand.

16.2 In all other cases, these Terms are governed by the laws of Queensland, Australia, and you submit to the exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.

17. General

• Amendments: We may update these Terms by posting a revised version on the Platform, with at least 30 days' notice for material changes. Continued use after the change takes effect constitutes acceptance.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure: Neither party is liable for delay or failure to perform caused by events reasonably beyond its control.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• No waiver: Failure to enforce a right is not a waiver of that right.
• Entire agreement: These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Platform.
• Survival: Clauses 8, 10–13, and 15–17 survive termination of these Terms.

18. Contact

BeaconTable Legal Team Email: legal@beacontable.com Greensborough VIC 3088, Australia