Terms & Conditions
The short version
- Your Business Pty Ltd gives your business online ordering tools (WhatsApp and web ordering, an order board, printing, reports and any add-ons in your plan). You pay the fees in your plan or quote; nothing is charged without telling you first.
- You stay responsible for your food, menu, prices, allergen information and your customers. Every customer sees and confirms their order and total before it reaches you, but the AI assistant can make mistakes.
- Your customers' payments go straight to your own Stripe account. Your Business Pty Ltd never sees card numbers.
- Either of us can end the service with 30 days' notice. You can export your data.
1. Who these terms are between
These terms are between Your Business Pty Ltd ("we", "us") and the business that signs up for OrderChess ("you"). OrderChess is the ordering service provided by Your Business Pty Ltd. The person who ticks "I agree" confirms they are allowed to accept them for the business. A quote or order form we agree with you forms part of these terms; if it says something different, the quote or order form wins for that point.
2. The service
OrderChess lets your customers order from you on WhatsApp and the web and helps you run those orders (order board, docket printing, weekly pre-orders, delivery runs, bookings, reports and the add-ons in your plan). We may improve or change features; we won't remove a feature you pay for without at least 30 days' notice and, if it is a material loss, the option to cancel and get a pro-rata refund of anything prepaid.
3. Free trials
A free trial runs for the period shown in your portal. No card is needed and nothing is charged automatically when it ends: ordering pauses until you choose a plan. The free trial terms also apply.
4. Fees and payment
- Fees are those in your plan, quote or payment request, in Australian dollars. We show whether GST is included.
- Payment requests are paid on our secure pay page (card, Apple Pay or Google Pay through Stripe) or by bank transfer. Prepaid terms run from the start date we agree.
- We will give you at least 30 days' notice of a price increase. If you don't accept it, you can cancel before it starts without any cancellation fee.
- If a payment is more than 14 days overdue we may pause ordering, but only after giving you at least 7 days' written notice (email is fine). Your data is kept and ordering resumes as soon as the payment is made.
- Usage-based items (for example AI credits or phone minutes) are shown in your portal before you run out.
5. Your responsibilities
- Keep your menu, prices, opening hours and stock up to date, and check orders before you make them.
- Answer customers' allergen and dietary questions yourself. OrderChess does not give allergen advice.
- Only message customers about their orders, or with their consent.
- Keep your sign-in details, staff key and driver links private, and tell us if you think they've been misused.
- Tell your customers how your business uses their information (for example with a privacy notice at your counter or on your website). Our Privacy Policy covers how Your Business Pty Ltd handles it, and the ordering page links to it.
- Ask your drivers to photograph the order at the door, never people or the inside of a home.
- Follow WhatsApp's Business and Commerce Policies when using WhatsApp ordering.
- Don't use OrderChess for anything unlawful, to sell prohibited goods, or to interfere with the service.
6. The AI ordering assistant
Where your plan includes it, an AI assistant helps customers choose from your menu. It only offers items and prices from your menu, and every customer sees and confirms the order and total before it is sent to you. It can still misunderstand, so please check orders. It does not take payments or make decisions about customers.
7. Payments from your customers
If you use Pay online, your customers pay into your own Stripe account under Stripe's terms. You are the seller and handle refunds, chargebacks and disputes. We store your restricted Stripe key encrypted and never store card details.
8. Third-party services
Cloud110 relies on services such as Meta's WhatsApp Business Platform, Stripe, hosting, email and AI providers. We choose reputable providers but can't control their availability or policy changes. If a provider changes in a way that affects you, we'll tell you and work on an alternative.
9. Availability and support
We aim to keep OrderChess available around the clock and to tell you about planned maintenance in advance. Your portal always shows your backup phone and WhatsApp details so customers can still reach you if something stops. Hardware we supply (such as an order board box or printer) is covered by its manufacturer's warranty.
10. Your data and your customers' data
- Your menu, orders, reports and your customers' details are your data. You give us permission to use them only to provide and support the service. We don't sell them or use them to market to your customers.
- We handle personal information as described in our Privacy Policy and take reasonable steps to keep it secure. If a data breach is likely to cause serious harm, we tell you promptly and help with notifications.
- Retention: order records (items, totals, dates, suburb) stay available while your account is open, because shops need them for their own sales records. Customers' personal details on an order (name, phone, address, email and notes) are removed 12 months after the order, and the payment receipts customers attach go at the same time. Drivers' delivery photos are removed after 30 days. Reports keep working because a returning customer is still recognised by a one-way code, not their number.
- You can ask for an export of your data at any time, and for deletion when your account closes.
- Staff Management: if you use it, you add your employees' names, mobile numbers, roles, pay rates, availability and timesheets. That is personal information about your employees. You are responsible for having the right to enter it, for telling your employees how you use it, and for keeping the access links you share with them private. Wage figures are estimates to help you; they are not payroll, tax or award advice, and you remain responsible for paying people correctly.
11. Intellectual property
We own the OrderChess software and branding; you own your content (menu, logo, photos). You let us display your content to your customers as part of the service.
12. Ending the service
- You can cancel at any time with 30 days' notice (or as your quote says for a fixed prepaid term). Prepaid amounts for whole months after the end date are refunded unless your quote says otherwise.
- We can end the service with 30 days' notice, or sooner if you seriously breach these terms and don't fix it within 14 days of us telling you.
- After the end, you have 30 days to export your data; then we may delete it, except what we must keep by law.
13. Liability
Our liability for a failure is limited to supplying the service again or paying the cost of having it supplied again, and our total liability in any 12 months is limited to the fees you paid us in that period. Neither of us is liable for indirect loss such as lost profits. This doesn't limit liability for fraud, wilful misconduct, or breaching privacy or confidentiality obligations.
We work hard to keep the information in the service confidential and secure, but no online service can be completely secure. To the extent the law allows, we are not liable for loss or damage from unauthorised access to, or disclosure of, information caused by events outside our reasonable control. That includes attacks on or failures of third-party providers (such as hosting, WhatsApp or email services), criminal activity, and problems on your own devices, accounts or shared links (for example a lost phone or a link or password passed on to someone else). We will still meet our legal duties, including notifying you and, where required, the regulator if a breach is likely to cause serious harm. Nothing in these terms excludes rights you have under any law that can't be excluded.
14. Changes to these terms
We'll give you at least 30 days' notice of changes that affect you, by email or in your portal. If you don't agree, you can cancel before they start without a cancellation fee.
15. Disputes and law
If something goes wrong, contact us first at privacy@example.com.au and we'll try to fix it within 14 days.