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ABOUT US

Welcome to one of Australia's largest online ordering platforms. Working with businesses just like yours to help you grow a profitable takeaway business.
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EAT APPY is an easy to use online ordering system used by cafes, restaurants and takeaway businesses to help them increase takeaway sales. We do this by providing you with your own online ordering platform, that you remain in full control over.

We are a team of hospitality experts, that understand the needs of business owners in the food industry. We have all worked in the front-line of numerous stores and understand the hard work that goes into growing a business. That is why we are here to help. Once your business is set up you can edit your menu, opening times and special offers, as well as market to your existing client base, share on social media and create connections through your current website.

EAT APPY stands out by letting you keep the profits in your pocket. We charge a small weekly fee, plus an initial set up cost for your equipment and that is it,

no commissions and no lock in contracts.

JOIN US TODAY
Terms and Condition

As a user of the Site (you), you are bound by the following terms and conditions, our Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Site (Terms & Conditions) which govern your use of and access to the Site. Accordingly, you should review them in relation to all or any part(s) of the Site.

By allowing you to access the Site, Mobile Foods grants to you a licence. By accessing the Site, you accept the Terms & Conditions of this licence. We may at any time vary and amend Terms & Conditions by publishing the varied Terms & Conditions on the Site. You accept that by doing this, we have provided you with sufficient notice of the variation and amendment.

Below are the current Terms & Conditions of the licence. It is your responsibility to familiarise yourself with the current Terms & Conditions each time you visit the Site.

1.  Definitions

For the purposes of these Terms & Conditions, the words:

Mobile Foods, we, our and us refer to Mobile Foods Pty Ltd (ACN 150 386 628) and its related bodies corporate (as defined in the Corporations Law of Australia)

Site refers to materials and services delivered on or through the website located at the domain name http://www.eat-appy.com.au

Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Site.

2. Licence

Pursuant to this licence and subject to the absolute right of Mobile Foods to vary access to all or any part(s) of the Site, you acquire a non-exclusive right to:

  1. view the material in the Site;
  2. access material contained in the Site; and
  3. use the Site strictly in accordance with the provisions of this licence.

This licence commences upon your accessing the Site and is granted in perpetuity. However, the licence may be terminated without notice by us if you are in breach of any of the Terms & Conditions.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the Site that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by us. Termination will not affect any rights or remedies, which we may otherwise have under this licence or at law.

If you wish to download and use any material contained in the Site for a temporary purpose (such as viewing offline), you may do so.

However, downloading material contained in the Site for reproduction by you may only be done upon receipt of our prior written consent, and upon payment of any fee required by us to be paid by you for that use.

3. Your obligations

You must not:

4. Warranties

We do not warrant that the material in the Site is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the Site will not cause us to be in breach of the Terms & Conditions. In particular, we reserve the right to change, add or remove any material in or from the Site without notice.

We do not warrant that the functions contained in the Site or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Site and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded and we will not be liable for any direct, special, indirect or consequential damages, losses, expenses or costs arising out of a breach of this licence, the supply of a defective program, or any error, omission or misrepresentation in any material on this Site. If any statute (such as the Australian Consumer Law) implies terms into this licence which cannot be lawfully excluded, such terms will apply to this licence, save that our liability for breach of any such implied term will be limited, at our option, to any one or more of the following:

  1. •  the replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
  2. •  the repair of such goods or services.
  3. •  the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
  4. •  the payment of the cost of having the goods repaired or the services performed again.

When deciding to visit the Site, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by us which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us (which material may be out of date or superseded).

5. Intellectual Property rights

You acknowledge that the material in the Site may be the subject of copyright and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limitation, you specifically acknowledge that you may not copy the material in the Site, except as otherwise expressly authorised by this licence.

6. Trademarks

'eatappy', 'eat-appy', 'EatAppy', 'Eat Appy' and all associated trademarks, whether registered or unregistered, are trademarks of Mobile Foods and its related bodies corporate.

Except as expressly provided in these Terms & Conditions, access to or use of the Site does not constitute or create a licence or any other right to use our name, trademarks, copyright or any other intellectual property.

7. Indemnity

By using the Site, you agree to indemnify and keep us indemnified against all liabilities, damages, claims, losses, costs and expenses, which we may incur to a third party or you due to your breach of the provisions of this licence.

The Site may contain links to other websites operated by third parties. You accept that we have no control over, and are not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.

8. Disclaimer

By using the Site, you acknowledge and agree that:

  1. •  you use the Site at your own risk;
  2. •  we take no responsibility for any error or omission relating to the material contained in the Site;
  3. •  we give no undertakings to provide access to the Site at any particular time, or for any particular length of time; and
  4. •  we will not be held liable for any lapse in the Site’s accessibility, or any consequences whatsoever that flow from the unavailability of the Site.
9. Waiver

Failure or neglect by Mobile Foods to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of our rights under this licence.

10. Jurisdiction

This licence shall be governed by and construed according to the laws of the State of New South Wales, Australia.

Privacy Policy

This Privacy Policy outlines our practices relating to the collection, use, disclosure and storage of your personal and sensitive information. Personal and sensitive information is generally information about an individual that makes the identity of an individual reasonably apparent. Unless you give us explicit consent otherwise, we will act in accordance with this Privacy Policy with regard to our collection and use of personal and sensitive information.

For the purposes of this Privacy Policy, the words Mobile Foods, we, our and us refer to Mobile Foods Pty Ltd (ACN 150 386 628), and Services refers to materials and services delivered on or through the website located at the domain name http://www.eatappy.com.au and/or any Mobile Foods’ software programs licensed, purchased or hired from us. A reference to the Act is a reference to the Privacy Act 1988 (Cth).

This Privacy Policy should be read carefully by users of our Services (you) prior to accessing or using the information and services available through the Services. By accessing or using the Services, you accept and consent to the practices, and to our collection, use and disclosure of your personal and sensitive information, as described in this Privacy Policy. 

1.  Our commitment to your privacy

Mobile Foods takes your privacy seriously, and strictly adheres to the Australian Privacy Principles contained in the Act (Privacy Principles). We will only collect personal and sensitive information that is necessary for us to provide you with the functions that we offer through our Services, which may include providing you with the ability to pay other parties via credit card.

Please remember that any information that you post in our public forums and any social media interfaces is public information and will not be treated as confidential. Such information can be collected and used by others.


2. Information we collect from you

We will only collect personal and sensitive information that is reasonably necessary for us to provide you with, or directly related to, the functions that we offer through our Services, and the services that you have requested from us.

We collect personal and sensitive information from you when you interact with the Services, which could include when you register with us and use the features available once you are registered.  The personal and sensitive information which Mobile Foods collects may include, without limitation, your name, postal address, email, telephone number, credit card details, payment details, the details of any products or services you purchase through the Services, or any other information necessary to provide the functions and services requested. Mobile Foods will collect personal and sensitive information only by lawful and fair means and not in an unreasonably intrusive way. Mobile Foods may collect the personal and sensitive information directly from you, or alternatively from third parties (such as payment providers) with whom you interact with or via the Services. 

When you access our Services using mobile digital routes such as (but not limited to) mobile, tablet or other devices/technology including mobile applications, our servers automatically record certain information, and then should expect that our data collection and usage as set out in this Privacy Policy will apply in that context too.

These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. We may collect technical information from your mobile device or your use of the Services through a mobile device. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Services through your mobile device(s) via any Mobile Foods mobile application, through your mobile's browser or otherwise.

The information you provide to us will be transferred to and stored on our servers which may be in or outside Australia, and may be accessed by or given to our employees and contractors working outside Australia and third parties including companies within the Mobile Foods group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this Privacy Policy or for other purposes notified to you from time to time in this Privacy Policy.

3. Use of your information

We will only use your personal and sensitive information for the provision of our goods and services to you, and for any other purpose which we state at the time of the collection, as permitted by law and/or as required to provide the functions and services you request.

For example, such use may include providing you with access to relevant parts of the Services; to enable us to bill you; to use and analyse the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud; to contact you for your views on our Services and our products; and to notify you occasionally about important changes or developments to our Services.

If we do use the information you provide in this manner, then it is done in aggregate and on a purely anonymous basis with your personal and sensitive information removed. You can opt out of marketing activities at any time.

We may also use the information you provide to engage in marketing.

If you register with Mobile Foods, or use the Services, you consent to Mobile Foods using your personal information for direct marketing purposes to communicate with you by phone, email or SMS and, if you use our mobile applications, via push notification, to tell you about offers, updates and our products and services that may be of interest to you.

You may choose to stop receiving direct marketing communications from a channel at any time by using the unsubscribe mechanism in the marketing communication itself. You may also decline marketing messaging sent by push notifications by refusing the relevant permission to our Services in your device settings, however this will also prevent you from receiving updates via push notifications.

By accessing and using our Services, you give Mobile Foods your valid consent to the transfer, sale, rent or trade of all of your personal data and to the processing the same to third parties for our business purposes including marketing purposes.

We may provide anonymous, non-personally identifiable aggregate information to advertisers and our business partners, to enable us to sell advertising and monitor the efficacy of our business partnerships. We may also pass such statistical information onto reputable third parties for forward sale.

4. Disclosure of your information

We may share and disclose your personal and sensitive information in the following circumstances:

Although Mobile Foods may disclose your personal and sensitive information to third parties (as stated in this Privacy Policy and where permitted by law), Mobile Foods will not be responsible for how those third parties access, use, store, maintain or disclose your personal and sensitive information. 

If you opt in to receive email communications from us, these will be sent to you directly by us. We will only send communications to people who have opted to receive them. You can unsubscribe from receiving these communications at any time.

If Mobile Foods goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information may be among the assets transferred. We will ensure the confidentiality of any personal and sensitive information disclosed in this context. 

5. Security and data retention

All user details captured by Mobile Foods are stored securely at all times and will never be provided to any unauthorised third parties.

We take steps to protect your information from unauthorised access, modification or disclosure and against misuse, interference, loss, destruction and damage. However, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your data transmitted to the Services; any transmission is at your own risk. While we take all due care in ensuring the privacy and security of your personal and sensitive information, the possibility exists that this information could be unlawfully intercepted while in transit over the internet or while stored on our systems or on our Services. We disclaim all liability to you to the greatest extent pursuant to law should this occur.

Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain the information, we will take reasonable steps to delete the information or ensure that it is de-identified.

6. Cookies, third party analytics and advertising

We may also use 'cookies' or other similar tracking technologies in our Services that help us track your website usage, remember your preferences, and to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

The Services may use the Google Analytics cookie, and other cookies and identifiers to collect anonymous, aggregated audience data in order to measure user interactions on our site and improve our services.

7. Access to the Services outside Australia and cross-border disclosure

Mobile Foods does not represent or warrant that the content in our Services complies with the laws of any country outside of Australia. If you access the Services from outside Australia, you do so at your own risk. Unless you advise us otherwise, you will be taken to consent to any necessary cross-border disclosure of your personal and sensitive information to enable Mobile Foods to provide the Services to you. By providing your consent, you acknowledge that Mobile Foods does not need to take any steps to ensure that an overseas recipient of your personal and sensitive information treats your personal and sensitive information in accordance with this Privacy Policy.

8. Other websites

The Services may contain links to other websites which are not maintained or controlled by Mobile Foods. Once you transfer from the Services to another website, we are not responsible for the conduct or practices of those third-party websites, as they are not under our control. When you transfer to another website you should check the applicable privacy policy of that site.

9. Changes to our policy

Mobile Foods intends to develop and enhance its services continuously, by adding new features and services to the Services. As we add features we will update this Privacy Policy from time to time as required. Any changes to our Privacy Policy will be posted to the Mobile Foods' website and, where appropriate, through email notification. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

For more information about privacy issues in Australia and protecting your privacy, visit the Federal Privacy Commissioner's website.

10. Contact

All comments, queries and requests in relation to this Privacy Policy are welcomed. If you would like to request access or make changes to your personal and sensitive information, or lodge a complaint if you think we have breached your privacy, then please contact us at info@eatappy.com.au.

Alternatively, you may make a complaint to the Privacy Commissioner. The Office of the Australian Information Commissioner may be contacted by calling 1300 363 992. Alternatively, you may contact the Privacy Commissioner by emailingenquries@oaic.gov.au or online at: www.oaic.gov.au