These are the terms (Terms) on which Nessex provides through its website https://nessex.com.au, web application and any related softwares or websites. If you are in Australia, you agree to these terms with Nessex, ABN 58 699 743 011.
The Nessex Web Application provides a way for you to access menu information, communicate your order for products to a venue or restaurant (Venue), and pay for the products you have ordered and services you have received (Services). Without limiting the Terms, you agree that: your use of the Nessex Web Application is subject to these Terms; you are at least 18 years of age; any item ordered through your Nessex account will be paid for by you or your party; you may see different prices for the same menu items depending on which Venue is offering the item, when the item is available, and whether the item is sold through the Nessex Web Application; Nessex helps manage your experience, but the Venue is responsible for your order; all payments made by you are final and non-refundable, unless otherwise determined by Nessex or the Restaurant/Venue; and all payments made by you will be processed in Australian Dollars (AUD).
Please read these Terms before accessing the Web Application, as your use of the Web Application and purchase of any products offered through it is subject to these Terms. By accessing or using the Web Application, you agree to be bound by these Terms and to the collection and use of your information as set out in our Privacy Policy, whether you are a registered user or guest. If you do not agree to any of these terms, or are under the age of 18, you may not use the Web Application. By accessing the Web Application, you warrant that: you are at least 18 years old; you are legally capable of entering into binding contracts; all information provided by you to Nessex is truthful, accurate and complete; and Nessex can change these Terms from time to time by posting the updated Terms on this page. You will be subject to the Terms in force at the time that you place an order through the Web Application. If Nessex posts amended Terms on this page, your subsequent use of the Web Application constitutes your acceptance of the updated Terms. These Terms may not be otherwise amended except in writing signed by you and Nessex.
Subject to your acceptance of these Terms, Nessex grants you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Web Application and services solely for your own personal, non-commercial purposes.
All rights not otherwise expressly granted by Nessex are reserved by Nessex. You are not permitted to reproduce, copy, publish, sell or exploit any part of the Web Application, the intellectual property rights in the Web Application, or the information you access through the Web Application. Some Venues may offer alcohol on their menus for purchase. If you place an order for alcohol, you may be asked by the Venue to show identification. You understand it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol or for any person over the age of 18 to buy alcohol on behalf of any person under the age of 18. Orders containing alcohol cannot be accepted from or on behalf of persons under the age of 18. To be clear, Nessex is not selling alcohol to you. If your order includes alcohol, the Venue is providing it to you, and the Venue is solely responsible for complying with responsible service of alcohol guidelines under applicable liquor laws. The Venue may reserve the right to refuse you service of alcohol, even when you have ordered and paid for drinks.
You may access some areas of the Web Application without registering your details with Nessex. However, to use the services, you must provide us with some of your personal information and have the option to register an account (Account). To obtain an Account, you must be at least 18 years of age and you must not have been barred from receiving the Web Application or an Account. Account registration requires you to submit to Nessex your name and mobile telephone number and email address. All personal information you provide through the Web Application will be collected, handled, and used in accordance with relevant data protection laws and Nessex's Privacy Policy. To use the Services or set up an Account, you will also be required to provide at least one valid payment method supported by Nessex. You agree to keep your Account information accurate and complete. You will not be able to use the Web Application or services if you have an invalid or expired payment method on file, or are in arrears with your payment for Services. You acknowledge and agree that you are responsible for any activity that occurs through your Account and you will not sell, transfer, license, or assign your Account to anyone else. You agree that you will not create an account for another person and will not possess more than one Account unless permitted by Nessex in writing. If you have an Account, we may share your username with other users of the Web Application who are or appear to be at the same table as you at the Venue.
The Web Application allows you to order food or beverages from a Venue. You can only order menu items on the Web Application when you are dining in the Venue. You understand that the use of the services may result in charges to you (Charges). Nessex will receive or enable your payment of the applicable Charges. Charges will include the price of your order and other applicable fees such as card processing and other surcharges, which may be applied by the Venue. Charges will also include applicable taxes where required by law. The Charges you incur for your order, any discretionary tips you decide to add, are owed to the Venue, and Nessex will collect your payment on behalf of the Venue as the Venue’s payment collection agent. You will be charged the quoted price of the menu items you ordered through the Web Application. The relevant price will be the price appearing next to the menu items at the time of ordering. You acknowledge that the prices of menu items offered by a Venue through the Web Application may differ from the prices of the same menu offered outside the Web Application. Prices may differ from user to user (for example where one user receives a Venue loyalty discount) and may be time-based (for example during ‘happy hour’). Neither Nessex nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of offers or promotions provided through the Web Application. If you have provided us with your email address you may request that we email you receipts for your payments you have made through the Web Application
Once you place an order for a menu item on the web application, you may not be able to cancel that order. You will be required to pay for all menu items that you order on the web application, even if you decide to leave the Venue before receiving the ordered menu item or if the ordered menu item does not get delivered. In certain situations, you might qualify for a refund as per the ‘Refunds’ section in these Terms. Nessex is not accountable under any circumstances for costs arising from a dispute regarding your payment arrangements. If you encounter any issues or have any complaints regarding the goods and services provided by the Venue, you should address them directly with the Venue.
Subject to any applicable consumer law, Venues set their own refund policies. Once an order has been placed through the web application, you will need to contact the Venue directly to inquire if you can cancel the order or if you are eligible for a refund. If a Venue agrees to issue a refund, you will receive a notification confirming that the refund is being processed. Please note that the payment may take several days to reach your nominated account.
Unless otherwise specified, images, trademarks, service marks, logos, and icons displayed on the web application are the property of Nessex or its licensors and may not be used without Nessex’s prior written consent. You agree that you will not copy, publish, reproduce, disseminate, offer for sale, sell, or reverse engineer the web application or its content. Any unauthorised use of any content, whether owned by Nessex or third parties, may violate intellectual property rights existing in the web application, including copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. Any feedback you provide to Nessex, including through web application ratings, is given entirely voluntarily, and you agree that Nessex is free to aggregate, disclose, reproduce, or otherwise use the feedback as it deems appropriate.
Nessex will only send you emails, text messages, or notifications, including receipts and notice of changes to the web application or Terms if you have opted in to receive these communications from us. Nessex, its partners and affiliates, and in some cases Venues, may send you emails or text messages about promotions or offers if you have opted in to receive communications from them. All commercial electronic messages will include an unsubscribe facility. The web application may contain links to third-party materials that are not owned or controlled by Nessex. Nessex does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you click on a link in the web application that redirects you to a third-party site or content, you become subject to that third party’s terms and conditions, and Nessex is not responsible or liable, directly or indirectly, for any damage or loss you suffer in connection with your use of or reliance on any third-party content, goods, or services. Apple Inc, Google Inc, and their applicable affiliates will be third-party beneficiaries to these Terms if you have accessed the Services using the web application developed for Apple iOS or Android mobile devices, respectively. These third-party beneficiaries are not parties to the Terms and are not responsible for the provision or support of the Services. Your access to the Services using Apple iOS or Android mobile devices is subject to terms set out in the applicable third-party beneficiary’s terms of service as well as these Terms.
You agree to use the web application in accordance with all applicable laws and regulations. Nessex may investigate or terminate your use of the web application if you have misused the services or behaved in a manner that is illegal or deemed inappropriate by Nessex. You agree that in using the web application, you will not: impersonate any person or entity; use any technology or process to retrieve, index, 'data mine', reproduce, or reverse engineer the web application or its contents; use any material, trademarks, or other proprietary information without obtaining the prior written consent of the owner; remove any copyright, trademark, or other proprietary rights notices contained in the web application; interfere with or disrupt any services provided through the web application; post, email, or otherwise transmit any material that contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the web application; or 'frame' or 'mirror' any part of the web application without Nessex's prior written permission, or use meta tags, code, or other devices containing any reference to Nessex or the web application to direct any person to any other website for any purpose.
You further agree that your information and interactions on the web application shall not: be false, inaccurate, or misleading (directly or by omission or failure to update information); infringe any third party's rights, including but not limited to intellectual property rights, confidentiality, proprietary rights, or rights of publicity or privacy; violate any laws; be defamatory; contain any viruses or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or personal information; or create liability for Nessex. Nessex reserves the right to refuse to license the web application to any person who does not comply with these Terms.
To the maximum extent permitted by law, the web application is provided "as is" and "as available." Nessex does not warrant the accuracy, completeness, currency, or reliability of the Nessex web application, service, and content. To the maximum extent permitted by law, Nessex expressly disclaims all warranties, representations, conditions, undertakings, or other obligations, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the web application, the service, or Nessex content will be error-free. Any Nessex content or other material downloaded or otherwise obtained through the use of the web application or the service is done at your sole risk, and you are solely responsible for any damage to your computer system, device, or loss of data that results from the download or accessing the web application.
You acknowledge that the Venue is the provider of the menu items ordered on the web application, and that any dispute about those goods is solely between you and the Venue. Nessex is not liable in any circumstances for the quality or non-provision of items or services provided by a Venue. This includes, but is not limited to, any liability in relation to the quality of the food, beverage, or services provided by the Venue; any failure of the Venue to meet your dietary requirements, even where you have advised the Venue, through the web application or otherwise, of your dietary requirements; any allergic reaction or illness you suffer as a result of consuming the food and beverage provided by the Venue; and any injury you sustain at the Venue.
You expressly agree that Nessex is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Nessex has been advised of the possibility of such damages), resulting from: your use of, or the inability to use, the web application; the Venue’s provision, or failed provisions of, products or services ordered through the web application; the cost of procuring substitute products or services in the event you are dissatisfied with the products or services ordered from a Venue through the web application; an inability to access or use products, or information purchased or obtained through or from the web application or service; any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the web application or the service. In no event shall Nessex’s total liability to you for all damages, losses, and causes of action, whether in contract, tort including, but not limited to, negligence, or otherwise, exceed the amount paid by you, if any, for accessing the web application. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The Web Application and any products or services provided through the Web Application may be temporarily unavailable from time to time for maintenance or other reasons. Nessex assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure related to the Web Application. Nessex is not responsible for any technical malfunction or other problems related to or resulting from using or accessing the Web Application or materials in connection with the Web Application and/or in connection with any products or services offered through the Web Application. Nessex is not liable for any loss or damage you suffer as a result of the provision or lack thereof of goods and services by the Venue. Nessex reserves the right to discontinue or alter the services or the Web Application, remove content from the Web Application, or restrict the availability of the Web Application without prior notice.
You agree to release Nessex (including its members, managers, officers, employees, and agents) from all liability and obligations whatsoever in connection with or arising from your use of the Web Application or the services provided through the Web Application. You agree to defend and indemnify Nessex (including its officers, members, directors, employees, and agents) from and against any and all claims, liabilities, damages, losses, expenses, including legal fees and costs, arising out of or in any way connected with: your access to or use of the Web Application; a breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under these Terms; infringement or misappropriation of any intellectual property or other rights of Nessex or third parties by you; or any negligence or willful misconduct by you.
If you are in Australia, these Terms are governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the courts of New South Wales.
These Terms, and any rights and licenses granted by them, may not be transferred or assigned by you, but may be assigned by Nessex without restriction.
Nessex's failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.
These Terms, together with any amendments and any additional agreements you enter into with Nessex in connection with the Service, constitute the entire agreement between you and Nessex. If any provision of these Terms is deemed invalid,the invalidity of such provision will not affect the validity of the remaining provisions.