Hey You Merchant Terms & Conditions

Last updated - 4 September, 2023

These Terms and Conditions (Terms) form the agreement between Hey You Pty Ltd (ABN 34 144 912 158) of Level 2, 11 York 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.

These Terms and Conditions (Terms) form the agreement between Hey You Pty Ltd (ABN 34 144 912 158) of Level 2, 11 York 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

  1. 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.

  2. 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.

    • “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.

Your obligations to Us

In addition to paying the Fees, You also agree that:

  1. 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.

  2. 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 connected to the internet 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.

  3. 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.

  4. 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 and 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.

  5. You will display the marketing material provided by Us (including a sticker in Your store window and a stand on Your counter).

  6. You will reasonably accommodate Our promotional staff working in Your store for the purposes of Us providing and promoting the Services.

  7. You will participate in any agreed promotional campaigns that run across the Hey You Network.

  8. 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

  1. You agree to let Us contact You by email, telephone 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.

  2. We will not share Your confidential information with third parties without Your consent.

  3. 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

    1. 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.

    2. 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.

    3. Termination of this agreement does not affect either party’s accrued rights or liabilities. You must pay all unpaid amounts to us.

    4. We may make a change to the terms and conditions of this agreement from time to time. We will notify You of any changes by email.

    5. This agreement is governed by the laws of New South Wales.

Contact us

You can contact Hey You as follows:

Hey You welcomes feedback (good and bad), so please let us know on how we can make Hey You Service better for you!