At hey buddy our mission is to create seamless, personalised, and joyful dining experiences by using AI. By using our platform you’re joining a new era of hospitality. Your preferences, payment method, and booking history travel with you - so every dining experience feels familiar, faster, and more personal.

Introduction

1. These terms and conditions (Terms) are entered into between Hey Buddy AI Pty Ltd (ACN 685 646 155) (we, us or our) and you, together the Parties and each a Party.

2. We provide Hey Buddy, an AI-powered restaurant booking service (Service). Our Service is designed to assist you in making restaurant reservations over the phone in a way which enhances your dining experience. By using the Service, you agree to these Terms.

Service

1. We only provide the Service and are not party to any transaction between you and a restaurant or venue in relation to a booking.

2. When you call a participating restaurant or venue’s phone number, our Service will answer and guide you through the booking, function or customer service process.

3. During the call, we collect information necessary to make a booking (including personal information such as your dietary requirements) and to send confirmation texts and payment links to you. We use AI technology to provide and improve the Service. Calls are recorded and used to train and improve our AI.

4. After the call, you will receive a text message to confirm your booking or, if applicable, make a payment through the Service (such as a booking fee to the restaurant or venue).

5. You agree to any additional terms and conditions relating to the restaurant or venue, including any booking or cancellation policies.

6. While you may cancel or reschedule your booking through our Service, you acknowledge and agree that any cancellation or rescheduling is subject to the restaurant’s terms and conditions.

Access to the Service

1. You may create an account or proceed as a guest when confirming bookings. If you create an account, you are responsible for maintaining the confidentiality of your account information.

2. All personal information you provide to us will be treated in accordance with our Privacy Policy available on our website.

3. You agree not to share your login details with any other person. Your login is personal and you must not transfer or provide it to others.

4. You are responsible for keeping your login details and your username and password confidential and you will be liable for all activity via your login. You agree to immediately notify us of any unauthorised use of your login.

5. When using the Service, you must not do or attempt to do anything that is unlawful or inappropriate, including:

   1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

   2. using the Service to defame, harass, threaten, menace or offend any person, including using the Service to send unsolicited electronic messages;

   3. tampering with or modifying the Service (including by transmitting viruses and using trojan horses);

   4. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Service; or

   5. facilitating or assisting a third party to do any of the above acts.

Payments

Where you are required to make a payment or a credit card guarantee to confirm your booking with a restaurant, you must pay all amounts due under these Terms in accordance with these Terms or as set out on our Service (as applicable).

Our Intellectual Property

1. You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Service, the Service itself, and any algorithms or machine learning models used on the Service will at all times vest, or remain vested, in us or our licensors.

2. We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Data Use

1. We may use any data which you upload to the Service or that we access or create through your use of the Service to:

   1. create a user profile, including details such as your dining preferences, favourite cuisines, dietary requirements, payment methods and booking habits;

   2. store your payment method details securely to facilitate faster bookings and payments at this and other participating restaurants, where you have provided consent;

   3. share relevant preference and booking data with participating restaurants and venues to personalise your dining experience and improve service delivery across our network, where you have provided consent;

   4. curate a personalised experience when you use our Service for future bookings;

   5. supply our Service to you (for example, to enable you to access and use our Service, create a personalised experience on our Service), and otherwise perform our obligations under these Terms;

   6. analyse data across participating restaurants and venues for benchmarking purposes and for AI training purposes;

   7. diagnose problems with our Service;

   8. improve, develop and protect our Service;

   9. send you information we think may be of interest, including any new features, services or improvement to the Service or promotions from partner restaurants that align with your dining preferences and history;

   10. perform analytics for the purpose of remedying bugs or issues with our Service; or

   11. perform our obligations under these Terms (as reasonably required).

2. When you use the Services, we may also create anonymised statistical data from Your Data and your usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, to provide cross-venue insights and benchmarking data to participating restaurants and venues, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

Warranties

1. You represent, warrant and agree that:

   1. you will not use our Service, including our intellectual property, in any way that competes with our business;

   2. there are no legal restrictions preventing you from entering into these Terms;

   3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and

   4. you have not relied on any representations or warranties made by us in relation to the Service (including as to whether the Service is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

Liability

1. Despite anything to the contrary, without limiting any rights you may have as a consumer under the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law):

   1. neither Party will be liable for Consequential Loss;

   2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and

   3. we will have no Liability towards you in relation to this Agreement or your use of the Service.

Access

We reserve the right to terminate your access to the Service at our discretion, without notice, for any reason, including violation of these Terms.

Should we suspect that you are in breach of these Terms, we may suspend your access to the Service while we investigate the suspected breach. Should we determine that you are in breach of these Terms, your access to the Service will be terminated immediately.

General

Disputes with Hey Buddy:  A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Disputes with a restaurant or venue: Where you have a dispute with a restaurant or venue, we encourage you and the restaurant or venue to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Service or through external communication methods. In the event that a dispute cannot be resolved through these means, you and the restaurant or venue may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between you and a restaurant or venue.

Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.

Governing law: This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property Rights means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets (including the right to keep confidential information confidential), circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Hey Buddy AI Pty Ltd (ACN 685 646 155)

Email: support@heybuddy.au

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