Platform Terms of Use

Introduction
Welcome to Bopple, an interactive platform that enables customers to order food, beverages, and merchandise from participating merchants (the "Platform"). The Platform is owned and operated by Bopple Technologies Pty Ltd (ACN 631 687 673) and its affiliates ("Bopple," "we," "our," or "us"). By using or accessing the Platform, you ("User") agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional terms applicable to your use of our services. We may amend these Terms at any time by providing notice, and your continued use of the Platform signifies your acceptance of the updated Terms.

Definitions
In these Terms, unless the context otherwise requires:

• Platform: The Bopple software applications available on mobile, web, and digital devices.
• Services: All functionalities and features provided by Bopple, including order placement and processing.
• Merchant: Any business or individual using the Platform to sell food, beverages, merchandise, services, or products.
• Customer: An individual accessing the Platform for the purposes of viewing menus, placing orders, or otherwise interacting with a Merchant.
• Order: A transaction for food, beverages, merchandise, or services placed through the Platform.
• Fees: Charges associated with using the Platform, including but not limited to service fees and payment processing fees.
• Account: The registered profile created by a User to access and use the Platform.
• Supplemental Terms: Additional terms that apply to specific services, promotions, or campaigns offered via the Platform.

Supplemental Terms
From time to time, we may introduce terms that apply to specific services, events, promotions, or features within our platform. These supplemental terms will be considered an integral part of these Terms and will take precedence in the event of any conflict. Where applicable, users will be notified of such supplemental terms, and continued use of the relevant service will constitute acceptance of those terms.

License and Ownership
All rights, title, and interest in and to our platform, including all intellectual property rights, trademarks, trade names, logos, software, and content, remain the exclusive property of Bopple Technologies Pty Ltd or its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our platform strictly for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of our platform, nor reverse engineer or attempt to extract the source code, unless permitted by law.

Account Registration and Use
Users may be required to create an account to access certain features of the Platform. When registering, you agree to provide accurate and up-to-date information, including contact and payment details. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. Bopple reserves the right to suspend or terminate accounts that violate these Terms, contain false information, or engage in fraudulent or abusive activity.

Users must be at least 18 years old to create an account and use the Platform. Users may not assign or transfer their account to another person without prior written consent from Bopple. Users agree not to use automated scripts, bots, or other unauthorised means to access our services.

Third-Party Services and Content
Our platform may enable access to third-party services, content, websites, or integrations that are not owned or controlled by us. These third-party services may be subject to separate terms and conditions and privacy policies, which you should review before engaging with them. We do not endorse, assume responsibility for, or provide any warranties regarding third-party services, and we shall not be liable for any damages or losses arising from your use of such third-party offerings.

Orders and Transactions
Users may place Orders through the Platform, which are directly processed by the Merchant. Bopple acts as an intermediary and is not responsible for fulfilling Orders. Prices displayed on the Platform are set by Merchants and may include additional fees such as taxes or service charges. Payments are processed through third-party providers.

By placing an Order, the User acknowledges that Bopple uses third-party payment providers including, but not limited to, Stripe, and that the processing of payments or credit cards is subject to the terms, conditions, and privacy policies of your credit card issuer and the payment providers in addition to these Terms. The terms and conditions and privacy policies for the Payment Processors can be accessed at their respective websites. Bopple is not responsible for incorrect Orders, failed transactions, or delivery delays caused by Merchants or third-party providers. All transactions are final unless the Merchant approves a refund in accordance with their policies. Disputes regarding payments must be resolved with the Merchant.

By placing an Order, the User warrants that they are the authorised user of any payment method used in connection with the Services and the Platform and that Bopple is not liable for any unauthorised use of any payment method.

Text Messaging and Communication
By using our services, you consent to receive transactional, operational, and promotional communications, including SMS messages, emails, or push notifications, as part of our standard business practices. You may opt out of promotional communications at any time; however, opting out of essential communications may impact your ability to fully utilise our services.

Cancellations and Refunds
Once an Order is placed, it cannot be modified or cancelled by Bopple. Users must contact the Merchant directly for any changes. Refunds are processed solely at the discretion of the Merchant. Bopple does not provide refunds unless legally required to do so under Australian Consumer Law. If a chargeback occurs, the User is responsible for any associated fees imposed by the payment provider.

Communication and Notifications
Bopple may send Users communications regarding their account, orders, and Platform updates via email, SMS, or push notifications. Users may opt out of marketing messages, but operational messages are essential for service use.

Promotional Offers
Bopple and Merchants may offer promotions, discounts, or incentives from time to time, subject to specific conditions. These must be used lawfully and as intended, may be subject to expiration dates, and cannot be duplicated, transferred, sold, or redeemed for cash. These offers may be modified or withdrawn at the discretion of Bopple or the Merchant.

Liability and Indemnification
To the full extent permitted by law, Bopple excludes all liability in respect of any loss or damage suffered as a result of using the Platform.

Bopple is not responsible for:

• Errors in payment processing by third-party providers.
• Order fulfilment, cancellations, or delays by Merchants.
• The quality, safety, or accuracy of products listed on the Platform.

Bopple’s total aggregate liability for all claims related to this Agreement is limited to the amount paid by the User for the Order in question. Users agree to indemnify Bopple against any claims, damages, or losses arising from their use of the Platform in violation of these Terms.

Termination of Services
Bopple reserves the right to suspend, restrict, or terminate a User’s access to the Platform at its sole discretion, including but not limited to breach of these Terms, engaging in fraudulent or abusive activity, or providing false or misleading information. Users may terminate their account at any time by ceasing use of the Platform and contacting Bopple’s support team.

Governing Law
These Terms are governed by the laws of Queensland, Australia. Any disputes arising under these Terms shall be resolved in the courts of Queensland, Australia.

Amendments
Bopple reserves the right to modify or update these Terms at any time. Continued use of the Platform following an update constitutes acceptance of the revised Terms.

For inquiries or support, contact: legal@bopple.com
Last updated: 11 February, 2025