Terms of Service

Last updated: January 10, 2025

1. Introduction and Acceptance

Welcome to Raise The Bar, a hospitality management platform operated by Raise The Bar Hospitality Pty Ltd ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website, mobile application, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

2. Definitions

"Account" means your registered account with the Service.

"Content" means any data, information, text, graphics, or other materials uploaded or transmitted through the Service.

"User" or "you" means the individual or entity using the Service.

"Venue Data" means business data related to your hospitality establishment, including but not limited to sales, inventory, labor, and financial information.

3. User Accounts and Registration

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities under your account

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Upload or transmit any illegal, harmful, or offensive content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Use the Service to compete with us or develop competing products
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use automated systems to access the Service without permission
  • Share your account credentials with third parties
  • Upload false, misleading, or inaccurate venue data
  • Interfere with or disrupt the Service or servers

5. Data Handling and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Regarding your Venue Data:

  • You retain ownership of all Venue Data you upload
  • You grant us a license to process your data to provide the Service
  • We implement industry-standard security measures to protect your data
  • You are responsible for the accuracy and legality of data you upload
  • We may use aggregated, anonymized data for service improvement

6. Subscription and Payment Terms

Our Service operates on a subscription basis with various pricing tiers:

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • We may change pricing with 30 days' notice to existing subscribers
  • Failed payments may result in service suspension or termination
  • You authorize us to charge your payment method for recurring fees
  • Taxes are your responsibility unless otherwise stated

You may cancel your subscription at any time, with cancellation taking effect at the end of your current billing period.

7. Intellectual Property Rights

The Service, including its software, features, and content, is owned by us and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service.

You retain ownership of your Content and Venue Data. By using the Service, you grant us a worldwide, royalty-free license to use, process, and display your Content solely to provide the Service.

8. Service Availability and Modifications

We strive to maintain high service availability but cannot guarantee uninterrupted access. We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service
  • Perform maintenance that may temporarily affect availability
  • Update features and functionality
  • Implement security measures that may impact service

We will provide reasonable notice for planned maintenance and significant changes.

9. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
  • WE ARE NOT RESPONSIBLE FOR THIRD-PARTY INTEGRATIONS OR SERVICES

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your Content or Venue Data
  • Your violation of any third-party rights

11. Termination

Either party may terminate these Terms:

  • You may cancel your subscription at any time
  • We may terminate for breach of these Terms
  • We may terminate with 30 days' notice for any reason

Upon termination, your access will cease, and we may delete your data after a reasonable retention period. Provisions that should survive termination will remain in effect.

12. Dispute Resolution

We encourage resolving disputes through direct communication. If informal resolution fails:

  • Disputes will be resolved through binding arbitration
  • Arbitration will be conducted under the rules of [Arbitration Organization]
  • The arbitration will take place in [Jurisdiction]
  • You waive the right to participate in class actions

This clause does not prevent either party from seeking injunctive relief in court.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Australia. Any legal proceedings will be conducted in the courts of [State/Territory], Australia.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

  • Email notification to your registered address
  • Prominent notice on our website
  • In-app notification

Continued use of the Service after changes constitutes acceptance of the new Terms.

15. Contact Information

If you have questions about these Terms, please contact us:

Raise The Bar Hospitality Pty Ltd

Email: legal@raisethebar.com

Address: [Company Address]

Phone: [Phone Number]

16. Miscellaneous

Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us.

Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations.

Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.