Hey You Terms & Conditions
Last updated - 5 May, 2026
Hey You Customer Terms & Conditions
These terms and conditions (Terms) form the agreement between Hey You Pty Ltd (ABN 34 144 912 158) of Level 2, 11 York St, Sydney, NSW, 2000 (Us, Our and We) and the customer (You, Your) regarding Your use of Hey You.
The Hey You service is a technology platform that allows You to browse, place orders, earn and redeem loyalty rewards and make payment for food and beverage products (Products) supplied by registered merchants (Merchants) via our Hey You application on internet enabled devices, any co-branded sub-domains, new software, co-branded internet services (for example slack, devices or networks) existing now or later developed (App), Hey You website at www.heyyou.com.au or any other website through which we make the Services available (collectively, the Site) and/or the integrated Hey You point of sale service (POS) and to interact with you via the Site and App (Service). In these Terms, the App, Site or POS as appropriate is referred to as Hey You.
When You sign-up for the Service via the Site or App and become a registered customer of Hey You, You agree that the Service will be provide on the basis of these Terms.
Licence
Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, revocable, non-transferrable licence to:
access and use Hey You solely in connection with Your use of the Service; and
access and use any content, information and related materials that may be made available through the Service, in each case solely for Your personal and non-commercial use. Any rights not expressly granted herein are reserved by Us.
Nature of the Service
You acknowledge and agree that:
We are not a producer, supplier or reseller of the Products;
any contract for the supply of Products is strictly between You and the Merchant;
We do not make any representations or warranties regarding the quality, availability or preparation of the Products or that the Products supplied by the Merchants are fit or safe for consumption and You agree to relieve Us from any liability whatsoever in this regard;
all orders and deliveries for Products are dependent on and subject to the availability of the relevant Merchant and the availability of the Merchant's staff and opening hours at the relevant time;
We reserve the right at all times to refuse to provide the Service to You, terminate Your access to Hey You or remove or cancel Your order at Our sole discretion, in which case a refund will be offered to You;
You accept full responsibility for providing accurate details (including verification of ingredients in respect of any allergies or specific dietary requirements specific to You) when placing an order through Hey You.
Payment and charges
Upon registration with Hey You, You can elect to make payments on either a pre-paid or 'pay as you go' basis.
If You elect to make payments on a 'pay as you go' basis, the credit card linked to Your account will be immediately charged each time you place an order through Hey You.
If Your preferred payment method is on a pre-paid basis, the balance of Your account (Hey You Balance) must have sufficient credit for the total amount of the order. At any time, You can add credit to Your account.
The balance of Your Hey You Balance may at any time and at Your election be topped up.
By electing to automatically top up You agree to provide a recurring payment authority to Us to automatically top up Your account by an agreed amount when Your balance reaches a minimum balance level.
If You do not use or top-up Your account for 180 days or more, the Hey You Balance in Your account will expire and Your balance will reset to $0.
The Hey You Balance is non-refundable at all times unless otherwise determined at Our sole discretion.
You will be charged immediately after You have placed an order for Products through Hey You using the payment method associated with Your account. All amounts paid are non-refundable unless otherwise determined at Our sole discretion.
Orders for Products cannot be cancelled once processed by Hey You.
You may incur additional charges if You have requested delivery of the Products in Your order. You will be notified at the checkout screen of any applicable additional charges associated with Your order.
Hey You reserves the right to include as additional charges on Your Order any third party payment processing costs incurred through Your choice of payment method.
Promotions
We may from time to time offer promotions or vouchers to registered customers free of charge or for value through Hey You.
Any promotions or vouchers offered through or purchased from Hey You cannot be transferred, redeemed or refunded for cash or used beyond their respective expiry dates as noted on the voucher.
You are solely responsible for the security and use of any promotions or vouchers and We are not responsible and will not provide a refund for any loss or damage to those promotions or vouchers and have no obligation to replace them for any reason.
We have no obligation to redeem any promotion or voucher which appear in Our sole discretion to have been tampered with or forged.
Vouchers purchased prior to 31st of March 2018 have 6 months validity from date of purchase. Vouchers purchased after 31st March, 2018 are issued with 36 months validity.
Temporary unavailability of Hey You
We take no responsibility for, and will not be liable for, Hey You being temporarily unavailable for reasons of conducting maintenance, improvements to Our systems or due to technical issues beyond Our control.
How to delete your Hey You account and personal data
If you need to permanently delete your Hey You account including your personal data, you can submit a request here. Please note that after submitting your request your account will be deleted within 24 to 48 hours. All payment methods, loyalty cards & Hey You credits will be permanently deleted and lost forever.
Hey You do reserve the right to keep your mobile number to avoid sign-up fraud and users creating multiple accounts but all remaining personal data will be deleted from our records.
Restoring a deleted account
Currently, there isn’t a way to restore a deleted account. If you would like to rejoin the Hey You platform you can always create a new one.
Information that we collect
Upon registration of Your account with Hey You, personal information (as defined in section 7, below) is collected from You including but not limited to the following:
Your name, email address, delivery address, telephone number, birth date, credit card information and any supporting correspondence for the purposes of following up issues and for assessing the quality of the services We provide; and
Your IP address to assist with the diagnosis and analysis of problems or support issues with our services, such information gathered in aggregate only and cannot be traced to an individual user.
We use cookies and applets which contain information by which We are able to identify Your computer (or other device used to access Hey You) to Our servers. This information is collated on a non-personal, anonymous and aggregated basis for the purposes of assisting Us in analysing and monitoring the usage of Hey You.
In addition, We may also collect information regarding identification of Mac devices for the purposes of assisting Us in analysing and monitoring the usage of Hey You.
By providing Your personal information to Us, You consent to the collection, use, storage and disclosure of that information as described in these Terms, including device location data.
Privacy and use of Your personal information
We recognise the importance of protecting the privacy of personal information collected about Our customers and We take all reasonable measures to keep Your personal information secure. In these terms and conditions, "personal information" means information that identifies an individual or from which an individual reasonably can be identified
You agree to allow Us to use Your personal information for the purposes of:
sending or facilitation communications (including the communication of promotions or deals) between You and the relevant Merchant; performing diagnostics testing and analysis of problems or support issues with Our services or for the purposes of research; providing aggregated data to Merchants and our affiliated business partners (Business Partners) on an anonymous basis regarding order habits, spending, location, favourite orders, gender, birth date together with relevant analytics data and research; and sending communications from Us and from Merchants and our business partners that You may be interested in.
You agree to allow Us to share Your personal information with the following parties:
Merchants and Business Partners of Hey You, for the purposes of facilitating the placement of orders, payment and deliveries (where selected) of Products and for notifying You of offers and promotions from Merchants and Business Partners; third parties where necessary for the purposes of API or SMPP integration of Hey You systems; requests for information received from government and regulatory bodies; in an aggregated, anonymous manner with a third party; or with any other third party in any other manner with Your consent.
Some of the third parties to whom we disclose Your personal information may be located outside of Australia. In the course of our ordinary business operations we commonly disclose personal information to a third party located in Republic of the Philippines.
If You no longer want your information to be used or provided in the manner outlined above please email us at support@heyyou.com.au
Intellectual Property
All of the content of Hey You, including all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features and the like (Content) and the trade marks, service marks and logos contained therein (Marks) are owned by or licensed to Us. The use of the Content and Marks is subject to copyright and other intellectual property rights under Australian laws and international conventions.
You agree not to:
engage in the use, copying, reproduction, modification or distribution of any of the Content or Marks including, without limitation, using, copying, distributing, displaying, reproducing or transmitting in any form or by any means without Our prior written consent;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of Hey You or unduly burdening or hindering the operation and/or functionality of any aspect of Hey You; or
attempt to gain unauthorised access to or impair any aspect of Hey You or its related systems or networks.
Links to third parties
We may provide links to third party websites outside our Site that are not under Our control and we cannot accept responsibility for or liability in respect of the content of those websites. Prior to disclosing Your personal information on any other website, we advise You to examine the terms and conditions of using that website and any associated privacy statement.
Termination
You may terminate this agreement by:
Stopping using the Service; and/or
by notifying Us at the following email address support@heyyou.com.au
We may immediately terminate this agreement by;
Terminating your use of the Service and/or
Notifying you via email.
If We terminate You without cause, we will refund to You, Your Hey You Balance to an Australian bank account notified to Us by You.
Termination of this agreement does not affect either party’s accrued rights or liabilities.
We may make a change to the terms and conditions of this agreement at any time without notice and You agree to be bound by such changes.
The Terms of this agreement are governed by the laws of New South Wales.
Any queries in relation to these Terms should be addressed to support@heyyou.com.au
Hey You Merchant Terms & Conditions
These Terms and Conditions (Terms) form the agreement between Hey You Pty Ltd (ABN 34 144 912 158) of Level 13, 333 George Street, Sydney, NSW, 2000 (Us, Our and We) and the merchant (You, Your) regarding Your use of Hey You.
The Hey You™ service allows customers to place orders to your store using our payment and ordering system via our Hey You application for mobile devices or any other application for mobile services through which the Service is made available (App), Hey You website at www.heyyou.com.au or any other website through which we make the Services available (collectively, the Site) and/or the integrated Hey You point of sale service (POS) and to interact with you via the Site and App (Service). In these Terms, the App, Site or POS as appropriate is referred to as Hey You.
When you sign-up for the Service, via the App, Site or in person and become a registered merchant of Hey You, You agree that the Service will be provided on the basis of these Terms.
Our commitment to You
From the date You sign-up with Us by signing or accepting these Terms we grant You a non-transferable and non-exclusive licence to use Hey You. You accept the licence on the terms of this agreement.
We will provide You with the following benefits as part of the Service:
Creation of a customised, branded promotional listing for Your store on the App, the Site and/or POS, which will include Your menu, editorial and photographs based on information provided by You.
An introductory training session for You and Your staff (by phone or in person at your premises).
In-store marketing materials to ensure Your customers know that You take orders through the Hey You service.
Access to Our support team during the hours of 8am and 5pm AEST on business days.
How the payments and fees work
From the date You sign-up with Us by signing or accepting these Terms we grant You a non-transferable and non-exclusive licence to use Hey You. You accept the licence on the terms of this agreement.
We will provide You with the following benefits as part of the Service:
We will take payment from each customer who orders from You through Hey You.
We will provide you with a weekly email report stating the sales that have been made for Your store via Hey You, the total of Our Fees to be deducted and the balance due to you for that week (Sales Balance).
We will remit to You the Sales Balance after GST every Wednesday.
“Free” or discounted promotional items offered through Hey You will be reported to You as paid and deducted and Our Sales Commission does not apply to these items.
3. Any rate revisions are to be discussed and agreed upon two months in advance
Our Commitment to You
You will accept and fulfil all orders placed by customers through Hey You for Your products in a timely manner and in the same time frame, or more quickly, than customers who order in-store unless items ordered are temporarily unavailable.
You will ensure that Your staff are trained to operate Hey You and will ensure that the Tablet/App, Site, POS is switched on and has a stable internet connection. A backup connection - spare sim card during Your opening hours. If the Tablet/App, Site, POS is switched off or not connected to the internet we will inform You via SMS and You agree to rectify immediately.
You will quickly rectify any issue that may cause Tablet/App, Site, POS to go offline at Your store and You will immediately advise Our support team of any unresolved problems.
You agree to provide accurate and current information in respect of Your store and Your menu during the registration process and to update such information to keep it accurate, current and complete and in particular that the menu items displayed on Hey You are accurate and equivalent to the menu items and prices offered by You in store unless otherwise agreed. This includes any special promotions or deals.
You will display the marketing material provided by Us (including a sticker in Your store window and a stand on Your counter).
You will reasonably accommodate Our promotional staff working in Your store for the purposes of Us providing and promoting the Services.
Your store is a lawfully registered business, complies with the Australian New Zealand Food Standards Code and other food safety standards applicable to Your store and meets reasonable market standards for eating establishments.
Privacy
You agree to let Us contact You by email, telephone, sms or in person for the purposes of informing You about Hey You developments. This includes automated messages regarding your service. If You would like to cease these communications You must contact Hey You and cancel Your Hey You service.
We will not share Your confidential information with third parties without Your consent.
You agree to let Us disclose data collected across the Hey You network for general analysis (such as trends and pricing) to Our customers. This will not include any identifiable information about You and is solely to be used to help Our merchants run their businesses more effectively.
General
You grant Us a licence to use your intellectual property rights that you own or use (including your trademarks and photographs) for the purposes of providing the Services.
Either party may terminate this agreement upon 30 days’ written notice. We may immediately terminate this agreement if We reasonably consider that You have brought Us or Hey You into disrepute.
Termination of this agreement does not affect either party’s accrued rights or liabilities. You must pay all unpaid amounts to us. This includes the remaining instalments of the Sunmi Terminal provided at your venue, if applicable.
This agreement is governed by the laws of New South Wales.
Contact us
You can contact Hey You as follows:
Via Post: Level 2, 2 Hill Street, Surry Hills NSW 2010
Via email: support@heyyou.com.au
Hey You welcomes feedback (good and bad), so please let us know on how we can make Hey You Service better for you!