CliqMenu Legal
Terms of Service
The master agreement governing everyone’s use of CliqMenu — owners, staff, and customers.
In short
CliqMenu provides the ordering technology; the business you order from sells and is responsible for the food. Use the platform lawfully — and nothing in these terms removes consumer rights that cannot be excluded.
This summary is for convenience only — the full document below is what applies.
On this page
What changed3 versions
These Terms of Service (the "Terms") are a legal agreement between you and the provider of the CliqMenu platform. CliqMenu is a product and venture of INTHUB Solutions Pty Ltd (ABN 93 603 890 893), which owns the CliqMenu platform and its intellectual property. In these Terms, "CliqMenu", "we", "us" and "our" mean INTHUB Solutions Pty Ltd and any related, affiliated, or successor entity that operates the CliqMenu platform. They govern your access to and use of the CliqMenu platform, including the marketing website at cliqmenu.com, the Business Management System ("BMS"), the Order Management app ("OMS"), the food-ordering web app ("FOS"), and any related apps, APIs, and services (together, the "Platform").
By creating an account, placing an order, or otherwise using the Platform, you agree to these Terms. If you are using the Platform on behalf of a business, you agree on that business's behalf and confirm you are authorised to do so.
Some uses of the Platform are also governed by additional documents — the Privacy Policy, the Acceptable Use Policy, and, for businesses, the Merchant Agreement — and, for customers placing orders, the Customer Ordering Terms. Where an additional document conflicts with these Terms on its specific subject, the additional document prevails.
1. Who we are and what CliqMenu does
CliqMenu is a technology platform that lets food businesses ("Businesses" or "Merchants") publish digital menus and accept orders — typically via a QR code — and lets their customers ("Customers") browse those menus and place orders. CliqMenu provides the technology; the Business sells, prepares, and fulfils the food and is responsible for it. CliqMenu is not the seller of any food or item ordered through the Platform and is not a party to the contract of sale between a Business and its Customer.
2. Eligibility and accounts
- You must be at least 18 years old, or the age of majority in your jurisdiction, to create a Business account.
- You are responsible for the accuracy of the information you provide and for keeping your account credentials secure. You must notify us promptly of any unauthorised use of your account.
- We use email one-time passcodes and other measures to authenticate accounts. You are responsible for activity that occurs under your account.
3. Acceptance and changes to these Terms
We may update these Terms from time to time. Each version carries a version identifier and effective date. For material changes we will give notice and, where acceptance is required (for example, Businesses in the BMS), ask you to accept the new version before continuing to use the relevant part of the Platform. Continuing to use the Platform after a change takes effect means you accept the updated Terms.
The Platform itself also evolves. We may add, change, or remove features from time to time, including trialling features with some users first. If a change materially reduces the core service a paying Business subscribes to, we will give reasonable advance notice, and the Business may cancel as described in the Merchant Agreement.
4. Your responsibilities
You agree to use the Platform only for lawful purposes and in line with the Acceptable Use Policy. You must not:
- use the Platform to break any law, or to sell goods you are not permitted to sell;
- interfere with, disrupt, or attempt to gain unauthorised access to the Platform or its security;
- copy, scrape, reverse-engineer, or resell the Platform except as the law allows; or
- misrepresent your identity or your affiliation with any person or business.
5. Orders, payments, and fees
- Customer orders. When a Customer places an order, the contract of sale is between the Customer and the Business. CliqMenu facilitates the order and, where enabled, the payment. See the Customer Ordering Terms.
- Payments. Online payments are processed by third-party payment providers (Stripe in Australia and New Zealand; Cashfree in India) acting as the Business's payment processor. CliqMenu does not store card or bank-account numbers. Use of those providers is subject to their own terms.
- Business fees. A Business's subscription fees, platform fees, and any commission are set out in the Merchant Agreement and the pricing shown in the BMS or on cliqmenu.com.
6. Intellectual property
The Platform, including its software, design, and content (excluding content you or a Business provides), is owned by CliqMenu or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform as intended. You retain ownership of the content you provide (such as a Business's menu, logo, and images) and grant us a licence to host, display, and distribute it as needed to operate the Platform.
Ideas, suggestions, and feedback you send us are governed by the Idea Submission Policy.
7. Suspension and termination
We may suspend or terminate your access if you breach these Terms or the Acceptable Use Policy, if required by law, or to protect the Platform or its users. You may stop using the Platform at any time; Businesses may close their account as described in the Merchant Agreement. Some data is retained after closure as described in the Privacy Policy (for example, to meet tax-record obligations).
8. Disclaimers
To the extent permitted by law, the Platform is provided "as is" and "as available", and we do not warrant that it will be uninterrupted or error-free. CliqMenu is not responsible for the quality, safety, legality, or accuracy of any food or item sold by a Business, or for a Business's conduct — including order preparation, packaging, fulfilment, timing, and service. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law, the New Zealand Consumer Guarantees Act 1993, or other applicable law that cannot lawfully be excluded.
9. Limitation of liability
To the maximum extent permitted by law, and subject to section 8, CliqMenu's total liability arising out of or in connection with the Platform is limited, and we are not liable for indirect, incidental, or consequential loss, or for loss of profit, revenue, or data. Where liability cannot be excluded but can be limited, our liability is limited to re-supplying the relevant service or paying the cost of having it re-supplied.
10. Indemnity
You agree to indemnify CliqMenu against claims, losses, and costs arising from your breach of these Terms or your unlawful use of the Platform, to the extent permitted by law and except to the extent caused by CliqMenu.
11. Governing law
These Terms are governed by the laws of the jurisdiction in which the contracting CliqMenu entity is established, and you submit to the non-exclusive jurisdiction of its courts, without limiting any mandatory consumer-protection rights in your own country.
12. General
- Entire agreement. These Terms, together with the documents they reference (the Privacy Policy, the Acceptable Use Policy, the Merchant Agreement, and the Customer Ordering Terms), are the entire agreement between you and CliqMenu about your use of the Platform and replace any earlier understanding on the same subject.
- Assignment. You may not assign or transfer your rights or obligations under these Terms without our consent. We may assign or transfer ours — for example, to a related, affiliated, or successor entity that operates the Platform — on notice and without reducing your rights under these Terms.
- Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in force, and the unenforceable provision is read down to the minimum extent necessary, or severed.
- Waiver. A failure or delay by either party in exercising a right under these Terms is not a waiver of that right, and a single or partial exercise does not prevent any further exercise.
- Force majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control (for example, natural disaster, failure of a third-party provider, network or power outage, or government action). This does not apply to payment obligations already due.
- Notices. We may give you notice through the Platform, by email to your account address, or by posting on cliqmenu.com. You can reach us at the addresses in section 13.
- Mobile apps. Where you use a CliqMenu app downloaded from the Apple App Store or Google Play, the app is licensed — not sold — to you, and your use must also comply with that store's own terms. Apple and Google are not parties to these Terms, are not responsible for the app or for its maintenance or support, and have no obligation to you in relation to it. Apple and its subsidiaries are third-party beneficiaries of the app-related parts of these Terms and may enforce them against you. To the extent a store's rules require additional minimum licence terms, those terms also apply.
- Dispute resolution. If a dispute arises, both parties will first try in good faith to resolve it by discussion before starting court proceedings. This does not prevent either party from seeking urgent relief from a court, and does not limit any consumer right or remedy that cannot lawfully be excluded.
- Fairness of these terms. We want these Terms to be fair and clear. If you think any provision is unfair, unclear, or doesn't suit your situation, contact us at legal@cliqmenu.com — we will review it in good faith and, where we agree, change it or not rely on it in your case. Raising a concern will not, by itself, affect your account. Nothing in these Terms excludes, restricts, or modifies any right or protection you have under a law that cannot lawfully be excluded — including the unfair contract terms protections under the Australian Consumer Law and equivalent New Zealand and Indian law — and to the extent any provision would do so, it does not apply to that extent.
13. Contact
Questions about these Terms: legal@cliqmenu.com. Privacy questions: privacy@cliqmenu.com. General support is available through the in-app support channels and the contact form at cliqmenu.com.