These Terms of Service ("Terms") are a binding agreement between you and Queshot Pty Ltd (ACN 699 051 744, ABN 12 699 051 744) ("Queshot", "we", "us", "our"), the operator of the Queshot app and website (together, the "Platform"). They govern your use of the Platform as a customer. Please read them carefully. Our Privacy Policy and How we use data notice form part of these Terms.
By creating an account, ticking "I agree", or otherwise accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform. We keep a record of your acceptance (your account identifier, the date and time, and the version of these Terms you accepted). These Terms may be entered into electronically and are enforceable under the *Electronic Transactions Act 1999* (Cth) and its Victorian equivalent.
You must be at least 18 years old and able to form a legally binding contract to use the Platform. By using the Platform you represent that you meet these requirements. You are responsible for your account and for keeping your login credentials secure; you must notify us promptly at support@queshot.com of any unauthorised use.
Queshot is a technology platform that lets you discover participating cafés, place an order ahead, and pay for it. The café is the seller of the coffee and any other items you order. Queshot is not the seller, producer, manufacturer or supplier of those items — we facilitate the order and collect payment as the café's agent.
This means:
the items (including allergen and dietary information), and for meeting the consumer guarantees that apply to those goods and services under the Australian Consumer Law.
routing, and payment facilitation), and for our own statements and conduct.
Goods (the coffee and other items you order from a café): Our cafés' goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Services (the Platform we provide): Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.
sale forms when the café accepts your order. Menu items, prices and availability are set by the café and may change.
inclusive of GST where the café is registered for GST; the café is responsible for any GST on the items and for issuing a tax invoice for them.
Kerbside service fee and an Auto-order (geofence) convenience fee. These are fees for those services and are charged regardless of how you pay; they are not card or payment surcharges. The applicable amount is shown to you before you confirm. Where Queshot is registered for GST, Queshot's fees are inclusive of GST and we will provide a tax invoice on request.
completed orders. To be clear, this waives Queshot's fees only** — you always pay the café for the coffee; the coffee is never free.
When you place an order we authorise (place a hold on) the payment amount. We capture the payment when the café accepts the order. If the café does not accept within the acceptance window (currently about 3 minutes), the order is automatically cancelled and you are not charged (any authorisation hold is released). Stripe is the payment processor; Queshot is not Stripe and Stripe is not the seller of the coffee.
select it — the café brings it to you. Pickup and preparation times shown in the app are estimates, not guarantees.
order automatically when your device enters a café's area, using your device location while you have the feature switched on. You can turn auto-order and location access off at any time in your device or app settings. See our Privacy Policy for how we handle location.
are not charged (clause 5).
process a refund you are entitled to, Queshot will process it directly as a backstop.
café, Queshot may make the final decision — acting reasonably — on whether a refund is given through the Platform and how much, so disputes are resolved quickly. This does not limit your rights under the Australian Consumer Law or your ability to pursue the café directly.
remedy from the café (as seller) for an order that is faulty, unsafe or not as described, or from Queshot for the services we provide.
The café is responsible for the items it sells, their quality, safety, accuracy and description, and for the consumer guarantees on those items. Queshot is responsible for the Platform services we provide and for our own conduct and statements. Information shown in the app about a café or its menu is provided by the café; where we present our own information (such as estimated times or how cafés are listed), we take reasonable care that it is not misleading. If you have a problem with an order, contact the café first; if it is not resolved, contact us at support@queshot.com.
You agree to use the Platform lawfully and only for genuine orders. You must not: provide false information; use the Platform to defraud a café or us; interfere with or attempt to circumvent the Platform's security, payment or rate-limiting; scrape, reverse-engineer or copy the Platform except as permitted by law; upload content that is unlawful, infringing or harmful; or use the Platform in a way that damages, disables or impairs it. We may take down content or take action against accounts that breach this clause.
If you submit content (such as a review, photo, or feedback), you grant Queshot a non-exclusive, royalty-free, worldwide licence to use, store, reproduce and display that content for the purpose of operating and promoting the Platform. You represent that you have the rights to the content and that it is not unlawful or infringing. You can remove content you posted at any time; some copies may persist in backups for a reasonable period.
By using the Platform you agree to receive service communications necessary to provide the service — order confirmations and status updates, Kerbside arrival alerts, one-time security codes, receipts and refund notices — by push notification, SMS and/or email. These are part of the service and cannot be turned off while you hold an active account or order. Marketing communications are opt-in only; you can opt out at any time using the unsubscribe link or your settings, and opting out of marketing does not stop service communications.
The Platform, and all software, content, trade marks and branding we provide (excluding café content and your content), are owned by or licensed to Queshot and are protected by law. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Platform for its intended purpose. You acquire no other rights.
This clause is subject to clause 4 and the Australian Consumer Law and does not exclude, restrict or modify any right or remedy that cannot lawfully be excluded.
Platform is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free, or available at all times.
of cafés, or for the quality, safety, preparation, availability or description of the items a café sells — those are the café's responsibility.
and other non-excludable rights, our total aggregate liability to you arising out of or in connection with the Platform or these Terms is limited to the greater of (a) the total amount you paid for the order giving rise to the claim, and (b) AUD $100**.
are not liable for any indirect, consequential, special or incidental loss, or any loss of profits, revenue, goodwill or data.
To the extent permitted by law, you agree to compensate us for loss we reasonably incur arising from your breach of these Terms or your unlawful or wrongful use of the Platform. This does not apply to the extent the loss was caused by our own negligence or breach, and you are not required to compensate us for loss you could not reasonably have avoided.
You may stop using the Platform and close your account at any time in settings. We may suspend or terminate your access where you breach these Terms, where we reasonably suspect fraud or unlawful conduct, or where we must do so to comply with the law or protect the Platform, cafés or other users — giving you notice where it is reasonable and practicable to do so. Closing your account does not affect rights or obligations that arose before closure.
We may update these Terms from time to time. For changes that materially affect your rights, we will give you reasonable advance notice (for example, in-app or by email) before they take effect. If you do not agree to a change, you may stop using the Platform and close your account before it takes effect; continuing to use the Platform after the effective date means you accept the updated Terms. We will always show the "last updated" date.
We handle your personal information in accordance with our Privacy Policy, which forms part of these Terms and explains what we collect, how we use it, who we share it with (including overseas), and your rights.
If you have a concern, please contact us first at support@queshot.com so we can try to resolve it. If we cannot resolve it, you may be able to access free dispute-resolution services through Consumer Affairs Victoria or the Victorian Civil and Administrative Tribunal (VCAT), and you retain all rights to bring a claim in court. We do not require you to give up your right to go to court, to a tribunal, or to participate in a class action.
These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts able to hear appeals from them.
you and us about the Platform. This clause does not exclude liability for misleading or deceptive conduct.
related body corporate or in connection with a sale of our business, where your rights are not adversely affected.
or by writing to Queshot Pty Ltd, [REGISTERED_OFFICE_ADDRESS — to be completed].
Contact: support@queshot.com