TERMS & CONDITIONS

1. General

1.1 These Terms and Conditions of Use (the "Terms") apply to and govern your use of our services and Buenisimo’s websites at https://www.buenisimo.com.au (the "Website") and the Buenisimo mobile application (the "App"). By using the App or Website, you agree to these Terms.

1.2 In these Terms, "Buenisimo", "we", "us" or "our" refers to Buenisimo, including its related bodies corporate and/or its franchisees.

1.3 We may amend the Terms from time to time. Amendments become effective when we post the updated Terms on the App or on our Website. Your continued access to or use of the App or Website after the Terms are updated constitutes your consent and agreement to be bound by the updated Terms.

1.4 Specific terms relating to our loyalty program, Buenisimo gift cards, and other special offers are set out in appendices at the end of these Terms.

2. Use of the Online Ordering System

2.1 You can order our products via our Website or App and also via our delivery partners. Where you order via our delivery partners or access their websites or mobile applications, we are not responsible for the privacy or other practices of that delivery partner and you do so at your own risk. Please note that you should review the terms of use and privacy policies of our delivery partners as their terms and conditions will apply to any orders made.

2.2 When you place an order to purchase a product via our Website or App, you are making an offer to purchase those products. No order shall be deemed to be accepted until an acknowledgment of order is issued to you. The contract between you and us or you and the franchisee is only for those products notified in the acknowledgment of order.

2.3 We make the online ordering system available for use on behalf of our franchisees. Where the restaurant at which you place your order is operated by a franchisee, your offer to purchase the products, and any contract between you and the franchisee, is directly between you and the store.

2.4 If we are unable to fulfil an order made via our Website or App for any reason (for example, an unexpected restaurant closure), we may automatically cancel your order and refund your payment.

2.5 We may change, suspend, or terminate the online ordering system (or any part of it) at any time without prior notice. However, where we can, we will give you notice of any downtime or changes.

2.6 Buenisimo endeavors to provide your order as you request it including any allergen-free, gluten-free, vegan, or vegetarian products. We cannot guarantee that your order will be 100% free from traces of allergens, gluten, meat, and/or dairy which may be unintentionally present due to cross-contamination during restaurant operations.

3. Payment

3.1 Payment for your order will be processed by our payment partner. You must only use your own credit or debit card or a credit or debit card that you have been authorized to use specifically for the purchase of the relevant product.

3.2 Where you have a discount code or other voucher code (excluding Buenisimo Gift Cards), it must be used within three months of us providing you with the discount code or voucher code (unless we otherwise specify). We are not responsible for any expired discount or voucher codes that you have not used prior to their expiry date.

4. User Account

4.1 You can get the most out of our online ordering service by registering an account on the App (User Account). You do not have to create an account to order online, however, you will not be eligible to receive any loyalty points unless you have a User Account.

4.2 We can only accept the registration of a User Account from people with an Australian mobile number and are under no obligation to accept the registration of a User Account from any particular person.

4.3 When registering for a User Account you must provide correct and accurate information and you must update your contact details if these change. We are not responsible for any loss or damage (including misdirected emails) which may arise from your failure to provide current, accurate, and complete registration details or to keep your details up to date. We will handle all Personal Information in accordance with our Privacy Policy.

4.4 You are responsible for the security of your username and password for your User Account. We may assume that anyone using your User Account is authorized by you to do so. Unauthorized use of your User Account and password will, under no circumstances, reduce your liability in connection with use of the App or Website, including your obligation to pay for purchases made using your User Account. You must notify us immediately on becoming aware of any unauthorized use of your User Account or of any other security breach in connection with the App or Website.

4.5 You must be aged 13 or over to create a User Account on the App, and to use the App or Website. If you are under the age of 13, you must use the App and Website under the supervision of a responsible adult.

4.6 You may delete your User Account at any time through the App or Website or by notifying us at contact@buenisimo.com.au that you wish to delete your User Account.

5. Use of the App and Website

5.1 You acknowledge and agree that in accessing the App and the Website, you are doing so solely for your individual, personal, and non-commercial use.

5.2 Without limiting any of these Terms, you must not engage in any conduct or activity (including omitting to do something) and must not attempt to:

(a) use the App or Website in any way that is unlawful or is not permitted by these Terms;

(b) use the App or Website in any way that causes, or is likely to cause, any interruption, damage, or otherwise impair the App or Website in any way or would negatively affect or otherwise diminish the quality of another user’s experience of the App or Website;

(c) impersonate any person or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;

(d) copy or otherwise reproduce, modify or adapt, or create derivative works based on the whole or any part of the App or Website;

(e) decompile or reverse engineer the App or Website, or take any other action to discover the source code or underlying ideas or algorithms of any components of the App or Website;

(f) distribute viruses, Trojans, or spyware, corrupt files, carry out denial of service attacks, or use any other similar software or programs that may interrupt the functionality of our App or Website or damage the operation of any computer hardware or software; or

(g) use any software or technologies to scrape or extract information from our App or Website.

5.3 When downloading, registering, and logging in via the App, you acknowledge and agree that you must comply with all relevant third-party user terms and conditions including social media (e.g., Facebook), App Store, and Google Play (as appropriate and as may be amended from time to time).

6. Cancellation of User Accounts and Access to Website and App

6.1 If you do not comply with these Terms including where we suspect you may be fraudulently using the App or Website or someone else is fraudulently using your User Account, we may terminate your User Account and prevent you from accessing the Website and App. Except where it is necessary to ensure the safety and security of our Website and App, we will notify you where we take any of these actions. We may also report any unlawful behavior to law enforcement.

6.2 If we terminate your User Account and access to the App and Website:

(a) you must stop your use of the App and Website; and

(b) you must delete or remove the App from all devices in your possession.

7. Communications

7.1 We will communicate with you electronically via text message (SMS), in-App messages, push notifications, or email about your use of the App and Website, including to provide confirmations of orders placed online. You consent to receive communications from us in this way.

7.2 You can opt out of receiving marketing communications which include SMS, in-App messages, push notifications, and email by contacting us at contact@buenisimo.com.au or by using the unsubscribe function in the marketing communication. You acknowledge that opting out of SMS, in-App messages, push notifications, or email may impact your use of the App and Website and that we may not be able to contact you as contemplated in these Terms.

8. Intellectual Property Rights

8.1 No intellectual property rights of any kind in the App or Website are assigned to you and you acknowledge and agree that we own all intellectual property rights (including all trademarks, business names, and copyrights) in the App and Website. Any rights not expressly granted by these Terms are reserved by us. This includes all right, title, and interest in the object code and source code of the App and Website.

8.2 The Website, the App, and all related content are subject to copyright and other intellectual property rights. You acknowledge that the trademarks and logos displayed on the Website and the App are the property of Buenisimo and you must not use any of the marks without our prior written permission.

8.3 We grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App and Website as set out in these Terms.

9. Warranties

9.1 We provide the App and Website on an “as is” and “as available” basis, and exclude and disclaim to the maximum extent permitted by applicable law, all guarantees, conditions, warranties, or terms of any kind, whether express or implied or imposed by any applicable law.

9.2 In particular, and without limiting the above:

(a) while we endeavor to provide a convenient and functional App and Website