Terms and Conditions – YupIT
Hey there – A warm welcome to our website (YupIT.io) and our applications! Sit, have a sip of beer and read through the terms and conditions regarding your use of our website and on which our partner restaurants offer any of their drinks/meals (the “Drinks/Meals”) listed on our Website to you. Read these terms and conditions carefully before using the Service, including but not limited to ordering any Drinks/Meals from our Website. By accessing the Service, you agree to be bound by these terms and conditions and our terms of use policy. If you have any questions relating to these terms and conditions please contact support@YupIT.io prior to placing your order. If you do not accept these terms and conditions in full, please do not use the Service.

1 A little about us

YupIT.io is a website operated by YupIT, Perth, Australia Pty Ltd29 619 915 614(“whose registered office is at 45 St Georges Terrace, Perth WA 6000, Australia ). YupIT is a business where the drinks and food are prepared by independent restaurants (whom we call our “Partner Restaurants”) and we connect you to them offered/delivered by us.

2 Our aim

The purpose of our Service is to provide convenience to you. Our services aim to enhance your dining experience. We link you with the Partner Restaurant and menu of their choice and allowing you to order Drinks/Meals from them. We, as YupIT, markets Drinks/Meals on behalf of our Partner Restaurants. We take orders on their behalf from you and helps you to book your dining table where you can enjoy your favourite Drinks/Meals.

3 Availability of services

  • YupIT does not offer delivery services. We help you connect with our Partne taurants across Australia.
  • We do not accept orders from individuals to a zip code in which we do not have a Partner Restaurant.
  • Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants.
  • It would be completely your responsibility to click on the relevant link to view the menus on our Service. Then, click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Restaurant.

4 Placing an order

  • You will receive a Thank You email from YupIT on placing an order through our services. Once your order is accepted by our partner restaurant, you will again receive a Confirmation Email from us on behalf of our partner restaurant.
  • The contract for the supply of any Meal or any Drink you order through us will be between you and the Partner Restaurant. It will only be formed when you have been sent the Confirmation Email by us. Please ensure to provide us a correct email address as this is how we will communicate with you about your Order. Also, ensure correctness of your other details like Name, contact number, etc.YupIT seeks to provide a quality service. We do monitor our Partner Restaurants very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Restaurants or in respect of the Drinks/Meals by emailing or calling us.

5 Sale of alcohol

Persons placing an order for alcohol from our Partner Restaurantsmust be aged 18 or over.Alcoholic beverages can only be sold to persons aged 18 or over. YupIT operates the policy whereby customers who are lucky enough not to look 25 or over, will be asked to provide proof of age to show that they are aged 18 or over..
WARNING: Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000) For a person under the age of 18 years to purchase or receive liquor. (Penalty exceeds $700) Victoria Liquor Licence No. 36140565 Victoria Liquor Licence No. 36143466

6 Availability of drinks/meals

All Drinks/Meals are subject to availability. Our Partner Restaurant may offer an alternative for any Meal/Drinks it cannot provide you with. YupIT does not guarantee that any of the Drinks/Meals sold by our Partner Restaurants are free of allergens. YupIT does not prepare or take responsibility for any products prepared and packaged by our Partner Restaurants. All due care and responsibility is taken by YupIT to help you enhance your dining experience; however YupIT takes no responsibility for the quality or freshness of a Partner Restaurant product.

7 Availability of partner restaurants and booking

Our aim is to provide the best booking service possible However, we do not take any responsibility of waiting and end minute cancellations. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time.

8 Cancellation

You have the right to cancel an order (Partially) within a reasonable time and before the order become a Started Order. A Partner Restaurant will classify a bad order as any order which is cancelled after food has been used to start preparing the order (a“Started Order”). Customers can cancel an order by contacting the Partner Restaurant. YupIT and the Partner Restaurant may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by YupIT or a Partner Restaurant will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. YupIT alone will determine whether an order is a Started Order or not.

9 Price and payment

The price of any Drinks/Meals will be listed on our Website. Prices include all taxes. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Drinks/Meals listed on our Website may be incorrectly priced. The relevant Partner Restaurant will normally verify prices as part of the order process. Payment for all Drinks/Meals can be made by credit or debit card through our Website. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to YupIT and is subsequently passed on by YupIT to the Partner Restaurant. We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any Drinks/Meals to us will discharge your obligations to pay such price to the Partner Restaurant.

10 Our liability

To the maximum extent permitted by law, YupIT provides our Service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. To the maximum extent permitted by law and subject as provided below, YupIT and any Partner Restaurant expressly disclaim all warranties and conditions with regard to any portion of our Service, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to:
a. any errors in or omissions from the Website, including but not limited to technical inaccuracies and typographical errors;
b. any third party contents therein directly or indirectly accessed through links in the Website, including but not limited to any errors or omissions;
c. the unavailability of the Service, or any portion; or
d. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party content; or
e. our bookings for restaurants as a Service to you in accordance with this agreement. To the maximum extent permitted by law, neither YupIT nor any Partner Restaurant shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use our Service. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that YupIT or the Partner Restaurant is found to be liable to you, our total aggregate liability is limited to the purchase price of the Drinks/Meals you have paid for in your order. If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:
I. in the case of products:
II. the replacement of the products or the supply or equivalent products; or
III. the payment of the cost of replacing the products or acquiring equivalent products;
IV. in the case of services:
V. the supply of the services again; or
VI.the payment of the cost of having the services supplied again.

Important: this does not include or limit in any way YupIT’s or any Partner Restaurant’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including under the Competition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.

11Events beyond our control

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse you from any payment obligations under this Agreement.

12Waiver

Neither you, YupIT nor the Partner Restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

13Severability

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

14Entire agreement

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

15Our right to vary these terms and conditions

YupIT may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

16Law and jurisdiction

The Perth courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance

17Regarding gamification and YupIT credit

  1. In a single order, you can pay up to 20% of your order amount with YupIT credits. For example:
    If you have made a purchase of $10 then you will be able to pay $2 with YupIT credits.
  2. If you have completed a challenge or level by placing an order and if you cancel that order then your challenge/ level will become invalid.
  3. If an order /item is placed and paid for using YupIT credits then that order cannot be cancelled.
  4. Canceling an order is entirely on the discretion of venue manager.

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