Terms and Conditions

These terms and conditions (Terms) form the agreement between DiCAFE Pty Ltd (ABN 28 654 676 829) of Unit 6, 16 Brodie Hall Drive, Bentley, WA, 6102 (Us, Our and We) and the customer (You, Your) regarding Your use of Hey You.

DiCAFE is a technology platform that allows You to browse, place orders, earn and redeem loyalty rewards and make payment for food and beverage products (Products) supplied by registered cafes (Merchants) via DiCAFE application on internet-enabled devices, any co-branded sub-domains, new software, co-branded internet services (for example slack, devices or networks) existing now or later developed (App), DiCAFE website at www.dicafe.io or any other website through which we make the Services available (collectively, the Site) and/or the integrated DiCAFE point of sale service (POS) and to interact with you via the Site and App (Service). In these Terms, the App, Site or POS as appropriate is referred to as DiCAFE.

When You sign-up for the Service via the Site or App and become a registered customer of DiCAFE, You agree that the Service will be provided on the basis of these Terms.

Licence

Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, revocable, non-transferable licence to:

  1. access and use DiCAFE solely in connection with Your use of the Service; and
  2. access and use any content, information and related materials that may be made available through the Service, in each case solely for Your personal and non-commercial use. Any rights not expressly granted herein are reserved by Us.

Nature of the Service

You acknowledge and agree that:

  1. We are not a producer, supplier or reseller of the Products;
  2. any contract for the supply of Products is strictly between You and the Merchant;
  3. We do not make any representations or warranties regarding the quality, availability or preparation of the Products or that the Products supplied by the Merchants are fit or safe for consumption, and You agree to relieve Us from any liability whatsoever in this regard;
  4. all orders and deliveries for Products are dependent on and subject to the availability of the relevant Merchant and the availability of the Merchant’s staff and opening hours at the appropriate time;
  5. We reserve the right at all times to refuse to provide the Service to You, terminate Your access to Hey You or remove or cancel Your order at Our sole discretion, in which case a refund will be offered to You;
  6. You accept full responsibility for providing accurate details (including verification of ingredients regarding any allergies or specific dietary requirements specific to You) when placing an order through DiCAFE.

Payment and charges

  1. Upon registration with DiCAFE, You can elect to make payments on either a pre-paid or ‘pay as you go’ basis.
  2. If You select to make payments on a ‘pay as you go’ basis, the credit card linked to Your account will be immediately charged each time you place an order through DiCAFE.
  3. If Your preferred payment method is on a pre-paid basis, the balance of Your account (DiCAFE Balance) must have sufficient credit for the total amount of the order. At any time, You can add credit to Your account.
  4. The balance of Your DiCAFE Balance may at any time and at Your election be topped up.
  5. By electing to automatically top-up You agree to provide a recurring payment authority to Us to automatically top up Your account by an agreed amount when Your balance reaches a minimum balance level.
  6. The DiCAFE Balance is non-refundable at all times unless otherwise determined at Our sole discretion.
  7. You will be charged immediately after You have placed an order for Products through DiCAFE using the payment method associated with Your account. All amounts paid are non-refundable unless otherwise determined at Our sole discretion.
  8. Orders for Products cannot be cancelled once processed by DiCAFE.
  9. DiCAFE reserves the right to include as additional charges on Your Order any third party payment processing costs incurred through Your choice of payment method.

Promotions

  1. From time to time, we may offer promotions or vouchers to registered customers free of charge or for value through DiCAFE.
  2. Any promotions or vouchers offered through or purchased from DiCAFE cannot be transferred, redeemed or refunded for cash or used beyond their respective expiry dates as noted on the voucher.
  3. You are solely responsible for the security and use of any promotions or vouchers, and We are not liable and will not provide a refund for any loss or damage to those promotions or vouchers and have no obligation to replace them for any reason.
  4. We have no obligation to redeem any promotion or voucher which appear in Our sole discretion to have been tampered with or forged.

Temporary unavailability of DiCAFE

We take no responsibility for, and will not be liable for, DiCAFE being temporarily unavailable for reasons of conducting maintenance, improvements to Our systems or due to technical issues beyond Our control.

Information that we collect

Upon registration of Your account with DiCAFE, personal information (as defined in section 7, below) is collected from You, including but not limited to the following:

  1. Your name, email address, delivery address, telephone number, birth date, credit card information and any supporting correspondence to follow up issues and for assessing the quality of the services We provide; and
  2. Your IP address to assist with the diagnosis and analysis of problems or support issues with our services. Such information is gathered in aggregate only and cannot be traced to an individual user.

We use cookies and applets that contain information by which we can identify Your computer (or other device used to access DiCAFE) to Our servers. This information is collated on a non-personal, anonymous and aggregated basis for the purposes of assisting Us in analysing and monitoring the usage of DiCAFE.

In addition, We may also collect information regarding the identification of Mac devices for the purposes of assisting Us in analysing and monitoring the usage of DiCAFE.

By providing Your personal information to Us, You consent to the collection, use, storage and disclosure of that information as described in these Terms, including device location data.