Welcome to BFIT Technology Pty Ltd ("BFIT", "we", "us" or "our").

These Terms of Service ("Terms") govern access to and use of our website, point-of-sale software, cloud-based applications, merchant administration platforms, online ordering systems, integrations, and related technology services (collectively, the "Services").

By accessing or using our Services, registering an account, or connecting a third-party platform to BFIT, you agree to these Terms.

If you are accepting these Terms on behalf of a business or organisation, you confirm that you have authority to bind that organisation to these Terms.

If you do not agree, you must not use the Services.

1. Our Services

BFIT provides technology solutions for businesses, including but not limited to:

• Point-of-sale (POS) systems and transaction management

• Online ordering and customer-facing applications

• Kitchen display systems and order management

• Loyalty programs, gift cards and promotional tools

• Digital signage and related applications

• Business reporting, analytics and administration

• Integrations with delivery platforms, payment providers and other third-party services

The availability of specific features may depend on your subscription, service agreement, location, hardware, and applicable third-party arrangements.

BFIT may improve, modify, or introduce features as part of the ongoing development of its Services.

2. Eligibility and Account Registration

To use certain Services, you may be required to create or obtain a merchant account.

You agree to:

• Provide accurate and current business information.

• Maintain the confidentiality of your account credentials.

• Ensure that only authorised personnel access your account.

• Maintain appropriate permissions for staff and administrators.

• Notify BFIT promptly of suspected unauthorised access or security incidents affecting your account.

You are responsible for activities performed through your account by your authorised users, except to the extent caused by BFIT's breach of its obligations or applicable law.

BFIT may restrict or suspend access where reasonably necessary to address security risks, suspected misuse, or material breaches of these Terms.

3. Acceptable Use

You agree to use the Services only for lawful business purposes and in accordance with applicable laws and regulations.

You must not:

• Attempt to gain unauthorised access to BFIT systems, accounts, or data.

• Interfere with the operation, security, or availability of the Services.

• Introduce malicious software or other harmful code.

• Reverse engineer, copy, distribute, or commercially exploit BFIT software except where permitted by law or written agreement.

• Use the Services to conduct fraudulent, unlawful, or misleading activities.

• Access or process information belonging to another merchant without authorisation.

BFIT reserves the right to take reasonable action to protect its systems, customers, and connected services.

4. Third-Party Integrations

BFIT supports integrations with external platforms and service providers, which may include DoorDash, Uber Eats, Menulog, payment processors, accounting systems, and other business applications.

By enabling a third-party integration, you authorise BFIT to access, receive, process, and exchange information with the relevant third-party platform as reasonably necessary to provide the integration functionality you have enabled.

Depending on the integration, this information may include:

• Merchant and business identification details

• Store locations and operating hours

• Product catalogues, menus, pricing, and availability

• Customer orders and fulfilment information

• Order status updates, cancellations, and refunds

• Customer contact and delivery information where required

• Other information necessary to operate the authorised integration

BFIT will process this information in accordance with its Privacy Policy, applicable agreements, and relevant data protection requirements.

4.1 Third-Party Agreements

Third-party platforms operate under their own terms, policies, fees, and eligibility requirements.

You are responsible for maintaining the necessary agreements, accounts, permissions, and approvals with those platforms.

Use of a third-party integration through BFIT does not replace your contractual obligations to the relevant third-party provider.

4.2 Integration Availability

The functionality and availability of third-party integrations may depend on external APIs, infrastructure, authorisations, and service availability.

BFIT will take reasonable steps to maintain supported integrations but cannot guarantee uninterrupted availability of systems outside its control.

Third-party providers may modify, restrict, or discontinue their services or APIs, which may affect the functionality of an integration.

BFIT will use reasonable efforts to communicate material changes affecting supported integrations where practicable.

4.3 Integration Authorisation and Disconnection

You may request the activation or disconnection of supported integrations through BFIT's merchant administration tools or support channels.

When an integration is disconnected, BFIT will cease ongoing authorised data exchanges associated with that connection, subject to technical completion, legal obligations, record retention requirements, and any processing necessary to complete outstanding transactions.

Disconnecting an integration does not automatically terminate your separate agreement with the third-party provider.

5. Merchant Responsibilities

Merchants using BFIT Services are responsible for the accuracy and legality of the business information and operational settings they provide.

This includes, where applicable:

• Maintaining accurate product descriptions, prices, tax settings, and availability.

• Managing store operating hours and order acceptance settings.

• Fulfilling customer orders and complying with applicable consumer protection requirements.

• Ensuring appropriate staff access and account security.

• Complying with applicable taxation, food safety, privacy, and business regulations.

• Maintaining required agreements with payment processors and delivery platforms.

BFIT provides technology to facilitate business operations but does not ordinarily act as the merchant or seller of goods or services offered through a merchant's business.

The allocation of responsibility for particular transactions may also be governed by separate agreements with payment or delivery providers.

6. Data Ownership, Privacy and Security

As between BFIT and the merchant, the merchant retains its rights in business data submitted to or generated through its use of the Services, subject to applicable laws and the rights of third parties.

You grant BFIT permission to host, process, transmit, store, and otherwise use such data to the extent reasonably necessary to deliver, maintain, secure, support, and improve the Services, as permitted by applicable law and our agreements.

BFIT implements reasonable technical and organisational measures designed to protect information against unauthorised access, loss, misuse, and disclosure.

Personal information is handled in accordance with our Privacy Policy, available at:

https://bfit.technology/privacy-policy

Each party is responsible for complying with its applicable privacy and data protection obligations.

Where a separate data processing agreement applies, that agreement will govern the relevant processing activities.

7. Intellectual Property

All intellectual property rights in BFIT software, applications, designs, documentation, trademarks, and proprietary technology remain owned by BFIT or its licensors.

Subject to these Terms and any applicable commercial agreement, BFIT grants authorised customers a limited, non-exclusive, non-transferable right to access and use the subscribed Services for their internal business operations.

This right does not transfer ownership of BFIT software or intellectual property.

Merchants retain ownership of their respective business names, trademarks, product information, and other materials provided to BFIT.

You grant BFIT the rights reasonably necessary to use such materials for delivering the Services and authorised integrations.

8. Fees and Payments

Certain BFIT Services may be subject to subscription fees, setup charges, transaction-based fees, or other commercial arrangements.

Applicable charges, billing terms, and payment conditions will be communicated through a separate service agreement, order form, subscription plan, or other agreed commercial arrangement.

Fees charged independently by third-party providers, including delivery platforms and payment processors, are governed by the merchant's agreements with those providers unless otherwise expressly agreed.

Failure to pay undisputed amounts when due may result in suspension of applicable Services, subject to any notice and other requirements under the relevant agreement and applicable law.

9. Service Availability and Maintenance

BFIT aims to provide reliable and secure Services.

However, service availability may be affected by scheduled maintenance, internet connectivity, hardware failures, cloud infrastructure, third-party systems, or circumstances outside BFIT's reasonable control.

BFIT may perform maintenance, updates, and security improvements as reasonably necessary.

Where practicable, BFIT will provide advance notice of planned maintenance that is expected to materially affect service availability.

Any specific uptime commitments, support response times, or service-level guarantees will be governed by a separate written service agreement where applicable.

10. Warranties and Limitations of Liability

BFIT will provide its Services with reasonable care and skill and in accordance with applicable law and any express commitments in its agreements.

To the extent permitted by law, BFIT does not guarantee that the Services will be uninterrupted, error-free, or compatible with every third-party system or device.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, or remedy that cannot lawfully be excluded, restricted, or modified, including rights under the Australian Consumer Law where applicable.

Subject to those rights and any applicable written agreement, neither party will be liable for indirect or consequential losses arising from the use of the Services, except to the extent such liability cannot lawfully be excluded.

Any additional limitations or caps on liability must be set out in an applicable commercial agreement and will operate only to the extent permitted by law.

BFIT remains responsible for its own acts and omissions to the extent required by applicable law.

11. Suspension and Termination

A merchant may discontinue use of the Services or request termination in accordance with the applicable subscription or service agreement.

BFIT may suspend or terminate access where:

• There is a material breach of these Terms that is not remedied within a reasonable period after notice, where remediation is possible.

• Continued access creates a significant security or legal risk.

• Use of the Services involves fraud or unlawful activity.

• Required third-party authorisations are withdrawn.

• Termination is otherwise permitted under an applicable service agreement.

Where reasonably practicable, BFIT will provide advance notice before suspension or termination.

Following termination, access to Services and associated integrations may cease.

Data retention, export, deletion, and access after termination will be handled in accordance with applicable agreements, BFIT's Privacy Policy, and legal obligations.

12. Changes to Services and Terms

BFIT may update these Terms to reflect changes in its Services, business operations, legal requirements, or third-party integrations.

The latest version will be published on the BFIT website with an updated effective date.

Where changes materially affect existing customers' rights or obligations, BFIT will provide reasonable notice and obtain consent where required by law or an applicable agreement.

Continued use of the Services after revised Terms take effect may constitute acceptance where legally permitted and where appropriate notice has been provided.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Tasmania, Australia.

The parties agree to attempt to resolve disputes in good faith before commencing formal legal proceedings, where appropriate.

Subject to applicable law, the parties submit to the jurisdiction of the courts of Tasmania, Australia, and courts entitled to hear appeals from those courts.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

14. Contact Information

For questions about these Terms, BFIT Services, or third-party integrations, please contact:

BFIT TECHNOLOGY PTY LTD

85 Liverpool St
Hobart, TAS 7000
Australia

Email: hello@bfit.technology
Website: https://bfit.technology

By accessing, subscribing to, or using BFIT Services, you acknowledge that you have read and agree to these Terms, subject to applicable law and any separate written agreement governing your use of the Services.