Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Emonge platform, website, and related services (the “Service”) provided by Emonge Ltd (“Emonge”, “we”, “us”).

By creating an account, accessing the Service, or using it on behalf of a venue, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Emonge is a multi-tenant software platform for independent hospitality venues. Features may include direct bookings, online ordering, staff tools, guest engagement (such as loyalty, gift cards, and reviews), reporting, and platform administration. We may add, change, or discontinue features with reasonable notice where practicable.

2. Accounts and eligibility

• You must provide accurate registration information and keep credentials confidential.
• You are responsible for activity under your account and for configuring staff access appropriately.
• You must be at least 18 years old and authorised to bind the venue or organisation you represent.
• Platform operator accounts are issued by Emonge. Venue staff accounts are issued by the venue operator.

3. Venue operator responsibilities

If you operate a venue on Emonge, you agree that you will:

• Comply with applicable laws, including food safety, consumer, tax, and privacy requirements;
• Provide accurate menus, pricing, availability, and fulfilment information;
• Honour bookings and orders accepted through the Service unless cancelled in accordance with your policies;
• Obtain any consents required to contact guests and to process their personal information;
• Maintain your own customer-facing terms, refund policies, and allergen or dietary disclosures where required.

4. Acceptable use

You must not:

• Use the Service for unlawful, fraudulent, or misleading purposes;
• Attempt to bypass security, access other tenants' data, or probe or disrupt the Service;
• Upload malware, interfere with other users, or overload our infrastructure;
• Reverse engineer the Service except where permitted by law;
• Resell or sublicense the Service without our written agreement.

We may suspend or terminate access that violates these Terms or poses a security or legal risk.

5. Fees and billing

Pilot, subscription, or other commercial terms are agreed separately with Emonge or shown in the platform billing area. Unless stated otherwise, fees are quoted in Australian dollars, exclusive of GST where applicable, and non-refundable except as required by law or expressly agreed in writing.

Payment processing for guest transactions may be provided by third parties such as Stripe. Their terms apply to payment processing in addition to these Terms.

6. Third-party services

The Service integrates with third-party providers for email, SMS, payments, maps, and hosting. We are not responsible for third-party services outside our reasonable control. Your use of those services may be subject to separate terms.

7. Intellectual property

Emonge owns the Service, software, branding, and documentation. We grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business operations during your subscription or pilot period.

You retain ownership of content you upload (such as menus, logos, and copy). You grant us a licence to host, use, and display that content solely to provide the Service to you and your guests.

8. Confidentiality and data

Each party will protect the other's confidential information using reasonable care. Our handling of personal information is described in our Privacy Policy.

9. Disclaimers

The Service is provided on an “as is” and “as available” basis to the extent permitted by law. We do not guarantee uninterrupted or error-free operation. Emonge does not prepare food, fulfil orders, or act as agent for venue sales — venues remain responsible for their operations and customer relationships.

10. Limitation of liability

To the maximum extent permitted by law, Emonge is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our aggregate liability arising from or related to the Service in any twelve-month period is limited to the fees you paid us for the Service in that period, or AUD $100 if no fees were paid, except where liability cannot be excluded under applicable law (including the Australian Consumer Law).

11. Indemnity

You will indemnify Emonge against claims arising from your content, your venue operations, your breach of these Terms, or your violation of law or third-party rights, except to the extent caused by our gross negligence or wilful misconduct.

12. Suspension and termination

Either party may terminate in accordance with agreed commercial terms. We may suspend or terminate access immediately for material breach, non-payment, or risk to the Service. On termination, your right to use the Service ends. We may retain and delete data in accordance with our Privacy Policy and legal obligations.

13. Governing law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales, without prejudice to mandatory consumer protections that apply where you are located.

14. Changes

We may update these Terms from time to time. We will post the revised Terms on this page and update the “Last updated” date. Continued use after changes take effect constitutes acceptance of the revised Terms, except where applicable law requires otherwise.

15. Contact

Questions about these Terms: [email protected].