This part describes how an Agreement is formed between you, Hellow, and Hellow

App Pty Ltd and the documents that make up the Agreement. It also sets out the

steps you need to take before you are able to use the Hellow App Platform and

Hellow App Services, and how long the Agreement lasts.

​

1. STRUCTURE OF THE AGREEMENT

​

1.1 How the Agreement works

(a) If Hellow and Hellow App Pty Ltd approve your Order Form, you enter into an agreement with Hellow and Hellow App Pty Ltd (the Agreement). The Agreement will consist of the following documents:No

Document Description:

1 - Order Form

2 - General Terms

3 - Hellow App

​

Policies

1- Details about you, pricing arrangements, and special terms that apply to the relationship between you, Hellow, and Hellow App Pty Ltd.

2- Standard terms that apply to the Hellow App Services and the

Hellow App Platform.

3- Standard policies that apply to the use of the Hellow App Services and/or the Hellow App Platform, as amended from time to time, including the Community Guidelines and the Merchant Refund

Policy.

​

(b) If there is any conflict between these documents, the higher-listed document will

apply. I'll proceed with the next part in the following message.

​

PART 1 - STRUCTURE OF THE AGREEMENT

1.2 Conditions Precedent

(a) Hellow and Hellow App Pty Ltd will not provide any Hellow App Services or access to the Hellow App Platform to you unless you have met the following conditions (Conditions Precedent): 

1- License or permit to operate a food business:

If you propose to make food Items available via the Hellow App from your location, and if requested by Hellow

App Pty Ltd, you have provided a valid and up-to-date license or permit as required by Law to operate a food

business in your local council area.

​

2- License or permit to sell and deliver alcohol Items (if applicable)

If you propose to make alcohol Items available via the Hellow App from your location, you have provided a valid

and up-to-date license or permit as required by Law to sell and deliver (if applicable) alcohol from those

locations.

3- Completion of onboarding requirements.

You have provided all documents or other information requested by Hellow or Hellow App Pty Ltd for your

onboarding to the Hellow App Platform and they have approved the addition of your location(s) to the Hellow

App (at their discretion).

 

(b) You have no right to receive any Hellow App Services or use the Hellow App Platform unless and until Hellow App Pty Ltd confirms that the Conditions Precedent have been met. If the Conditions Precedent are not satisfied within 90 days from the Effective Date, this Agreement will automatically terminate.

​

2. TERM OF THE AGREEMENT

(a) Your Agreement will start on the Effective Date set out in the Order Form.

(b) The Agreement will continue for one year from the Effective Date (Initial Term)

and will automatically renew for successive one-year periods (Renewal Term).

(c) The Agreement may end earlier if it is terminated by you, Hellow App Pty Ltd, or

Hellow in accordance with the terms of the Agreement.

​

PART 2 - ROLES AND RESPONSIBILITIES, FEES,

AND PAYMENT

This part describes each party's role and responsibilities under this Agreement. It

includes your obligations in relation to the price and quality of Items.

It also sets out how fees and charges are calculated, including the fees payable to

Hellow App Pty Ltd, the fees payable to your Delivery Providers, and the amount you

receive. It also outlines the circumstances under which you are responsible for the

cost of refunds provided to your customers.

​

3. SERVICES

Hellow App – General Terms (Australia)

​

KEY PRINCIPLES

• Hellow owns the rights to the Hellow App Platform which can connect restaurants with customers and Delivery Providers for the purpose of ordering and delivering Items. Hellow App Pty Ltd provides Hellow App Services which are related to the use of the Hellow App Platform.

• You will not receive Hellow App Services or access to the Hellow App

Platform unless:

o Hellow and Hellow App Pty Ltd approve your Order Form; and

o all conditions referenced in section 1.2 of the General Terms are

satisfied.

• When you agree to supply Items to customers via the Hellow App, you are contracting directly with those customers when you accept their order.• When you engage a Delivery Provider via the Hellow App Platform to provide delivery services on your behalf, you are contracting directly with that Delivery Provider when that Delivery Provider accepts your delivery request.

• You are responsible for complying with the Agreement, which requires you to (among other things) obtain licenses and approvals, set the price of your Items, ensure the quality of your Items, and ensure Item descriptions and photos on the Hellow App are accurate and not misleading.

• Hellow and Hellow App Pty Ltd may change this Agreement from time to time but will inform you before any change that may detrimentally affect your rights. You can end this Agreement as a result of a change without penalty.

• Please read the Agreement carefully. It includes information on your responsibilities, how you, Hellow, and Hellow App Pty Ltd may change or end the Agreement, what to do if there is a problem, and important information about insurance, liability, and refunds.

​

PART 1 - STRUCTURE OF THE AGREEMENT

This part describes how an Agreement is formed between you, Hellow, and Hellow App Pty Ltd and the documents that make up the Agreement. It also sets out the steps you need to take before you are able to use the Hellow App Platform and Hellow App Services, and how long the Agreement lasts.

​

1. STRUCTURE OF THE AGREEMENT

​

1.1 How the Agreement works

​

(a) If Hellow and Hellow App Pty Ltd approve your Order Form, you enter into an

agreement with Hellow and Hellow App Pty Ltd (the Agreement). The Agreement

will consist of the following documents: No

​

Document Description

1 - Order Form

2  - General Terms

3 - Hellow App

​

Policies

1- Details about you, pricing arrangements, and special terms that apply to the relationship between you, Hellow, and Hellow App Pty Ltd.

2- Standard terms that apply to the Hellow App Services and the Hellow App Platform.

3- Standard policies that apply to the use of the Hellow App Services and/or the Hellow App Platform, as amended from time to time, including the Community Guidelines and the Merchant Refund Policy.

​

(b) If there is any conflict between these documents, the higher-listed document will apply.I'll proceed with the next part in the following message.

​

PART 1 - STRUCTURE OF THE AGREEMENT

(Continued)

​

1.2 Conditions Precedent

​

(a) Hellow and Hellow App Pty Ltd will not provide any Hellow App Services or access to the Hellow App Platform to you unless you have met the following conditions (Conditions Precedent):

​

1- License or permit to operate a food business, If you propose to make food Items available via the

Hellow App from your location, and if requested by Hellow App Pty Ltd, you have provided a valid and up-to-date

license or permit as required by Law to operate a food business in your local council area.

2- License or permit to sell and deliver alcohol Items (if applicable), 

If you propose to make alcohol Items available via the Hellow App from your location, you have provided a valid

and up-to-date license or permit as required by Law to sell and deliver (if applicable) alcohol from those

locations.

3- Completion of onboarding requirements  You have provided all documents or other information requested by Hellow or Hellow App Pty Ltd for your onboarding to the Hellow App Platform and they have approved the addition of your location(s) to the Hellow App (at their discretion).

​

(b) You have no right to receive any Hellow App Services or use the Hellow App

Platform unless and until Hellow App Pty Ltd confirms that the Conditions Precedent

have been met. If the Conditions Precedent are not satisfied within 90 days from the

Effective Date, this Agreement will automatically terminate.

​

2. TERM OF THE AGREEMENT

 

(a) Your Agreement will start on the Effective Date set out in the Order Form.

(b) The Agreement will continue for one year from the Effective Date (Initial Term)

and will automatically renew for successive one-year periods (Renewal Term).

(c) The Agreement may end earlier if it is terminated by you, Hellow App Pty Ltd, or

Hellow in accordance with the terms of the Agreement.

 

PART 2 - ROLES AND RESPONSIBILITIES, FEES,

AND PAYMENT

This part describes each party's role and responsibilities under this Agreement. It includes your obligations in relation to the price and quality of Items.

It also sets out how fees and charges are calculated, including the fees payable to Hellow App Pty Ltd, the fees payable to your Delivery Providers, and the amount you receive. It also outlines the circumstances under which you are responsible for the cost of refunds provided to your customers.

​

3.1 General Description

(a) If you satisfy all Conditions Precedent referenced in section 1.2:

• (i) Hellow App Pty Ltd will provide certain services to you (Hellow App Services); and

• (ii) Hellow will grant you a license to use its mobile and web application during the Term (Hellow App Platform).

(b) Hellow (or its Affiliate) may also make the following applications available to your customers and Delivery Providers:

•  (i) Mobile and web applications for your customers (Hellow App).

•  (ii) Mobile applications for Delivery Providers (Hellow Driver App).

(c) Together, the Hellow App Services and Hellow App Platform enable you to:

•  (i) Receive and fulfill requests for Items from your customers using the Hellow App.

•  (ii) Connect with independent Delivery Providers to deliver Items to your customers on your behalf.

 (d) To receive the Hellow App Services and use the Hellow App Platform, you must make your approved Items available via the Hellow App during your normal business hours or as otherwise agreed by the parties.

I'll proceed with the next part in the following message.

​

PART 2 - ROLES AND RESPONSIBILITIES, FEES, AND PAYMENT (Continued)

 

3.2 Service Scope

(a) As part of the Hellow App Services provided to you, Hellow App Pty Ltd will:

• (i) Provide lead generation services to you.

• (ii) Provide technology services to you via the Hellow App Platform.

• (iii) Issue receipts and invoices to your customers on your behalf for Delivery Items sold using the Hellow App, where applicable.

• (iv) Respond to complaints on your behalf regarding Items sold via the Hellow App.

• (v) Manage refunds for your customers in relation to Items sold by you via the Hellow App.

• (vi) Connect you with Delivery Providers via the Hellow App Platform.

• (vii) Facilitate payment collection from your customers on your behalf.

​

(b) Hellow App Pty Ltd may also facilitate:

• (i) The collection of payments from your customers.

• (ii) The processing of payments to you.

• (iii) Payments to Delivery Providers on your behalf.

• (iv) Refund processing, with refunds deducted from payments owed to you.

​

3.3 Promotional Activities

(a) Hellow App Pty Ltd and its Affiliates may display your Items on the Hellow App.

They may also promote your Items on various channels, including social media,

websites, and advertisements.

​

(b) You acknowledge that:

• (i) Hellow App Pty Ltd is not obliged to display your Items on the Hellow App

at all times.

• (ii) Promotions are not guaranteed, and the visibility of your Items may vary.

• (iii) Hellow App Pty Ltd may remove Items from the Hellow App under certain

conditions.

​

(c) Hellow App Pty Ltd may allow you to use automated tools for promotions. You will

be responsible for managing and fulfilling these promotions.

​

3.4 Reporting

​Hellow App Pty Ltd will provide you with reports that include:

• (a) The number of Items and delivery services sold via the Hellow App.

• (b) Delivery Fees paid to Delivery Providers.

• (c) Information on refunds, including the date, the Item ordered, and the

reason for the refund.

 

4. YOUR ROLE AND RESPONSIBILITIES

​

4.1 Relationship with Hellow and Hellow App Pty Ltd

• You acknowledge that Hellow is a technology service provider.

• Hellow, Hellow App Pty Ltd, and their Affiliates do not provide delivery services.

• Delivery Providers are independent contractors, and Hellow App Pty Ltd acts  solely as a facilitator.

 

4.2 Approved Items

(a) You may only offer Items that are approved by Hellow App Pty Ltd.

(b) Hellow App Pty Ltd may remove any Item from the Hellow App if:

• (i) It is determined that the Item’s description or photo is misleading or

inaccurate.

• (ii) The Item contains or may contain endangered species.

• (iii) The Item is deemed inappropriate for sale via the Hellow App.

 

4.3 Delivery of Items

(a) For delivery orders:

• Hellow App Pty Ltd will provide Hellow App Services to support the delivery process.

• Delivery Providers are independent contractors and not employees of Hellow.

• You will have possession, control, and responsibility for the Items until they are delivered.

 

(b) For pickup orders:

• You will maintain responsibility for the Items until they are picked up by the customer.

I'll proceed with the next part in the following message.

​

PART 2 - ROLES AND RESPONSIBILITIES, FEES,

AND PAYMENT (Continued)

​

4.4 Quantity, Type, and Price of Items(a) You are responsible for determining the quantity and type of Items made available via the Hellow App.

(a) You are responsible for determining the quantity and type of Items made

available via the Hellow App.

(b) Hellow App Pty Ltd may provide you with data regarding predicted customer demand, but you are not required to act on this information.

(c) You are responsible for setting the Retail Price for each Item on the Hellow App.

(d) You must ensure that the Retail Price is not higher than the in-store price for a

similar Item.

​

4.5 Quality of Items

​(a) You are responsible for ensuring that the Items sold via the Hellow App:

• (i) Are packaged appropriately for delivery.

• (ii) Comply with all applicable laws, regulations, and standards.

• (iii) Meet all quality standards and match the descriptions and photos shown

on the Hellow App.​

(b) Hellow App Pty Ltd may remove Items from the Hellow App if:

• (i) The Item’s description or photo is inaccurate or misleading.

• (ii) The Item contains prohibited materials or substances.

• (iii) The Item is otherwise deemed inappropriate.

​

4.6 Nutritional Information

(a) You warrant that any nutritional information, including allergen details, provided

on the Hellow App is accurate.

(b) If any nutritional information becomes inaccurate, you must promptly update it.

 

4.7 Item Inventory

(a) For delivery orders, you retain title to each Item until it is delivered to the

customer.​

(b) For pickup orders, you retain title until the customer picks up the Item.

 

4.8 Refunds

(a) Hellow App Pty Ltd manages refunds to customers for issues relating to Items purchased via the Hellow App.

(b) Refunds may be processed based on the Merchant Refund Policy. You may be responsible for the cost of refunds if Hellow App Pty Ltd determines that you are at fault.

(c) The refund amount will be deducted from the payments owed to you.

(d) You may dispute any refund decisions by contacting support@hellowapp.com.

 

4.9 Items that Include Alcohol

(a) If you offer alcohol Items, you must ensure:

• (i) You have the necessary licenses to sell and deliver alcohol.

• (ii) You comply with all applicable alcohol-related laws and regulations.

(b) Alcohol Items may not be delivered if:

• (i) The customer is underage or unable to provide a valid ID.

• (ii) The customer is visibly intoxicated.

(c) You are responsible for ensuring compliance with all laws relating to alcoholdelivery.

 

4.10 Restrictions

(a) For every order, you must ensure:

• (i) No unauthorized materials are included in customer packages.

• (ii) Delivery Providers are treated respectfully.

(b) Delivery Providers have the right to refuse delivery of an Item at their discretion.

 

4.11 Hellow App Policies

(a) You must comply with the Hellow App Policies that apply to your use of the

Hellow App Services and the Hellow App Platform.

(b) Hellow App Pty Ltd may update the Hellow App Policies from time to time. You

will be notified of any material changes.

 

4.12 Changes to Your Locations or Business

(a) You must notify Hellow App Pty Ltd in writing if you intend to:

• (i) Add a location.

• (ii) Modify an existing location.

• (iii) Remove a location from the Hellow App.

(b) You may need to provide updated licenses, permits, or other relevant documents

for approval.

(c) If your location remains offline for more than 60 days, Hellow App Pty Ltd may

remove it from the Hellow App. You may be required to pay a reactivation fee to

reinstate the location.

​

4.13 Licenses and Permits

You must obtain and maintain all applicable licenses, permits, and regulatory approvals necessary to operate your business and offer Items through the Hellow App.

​

4.14 Ratings

(a) Customers may rate and provide feedback about the Items and services you offer through the Hellow App.

(b) Hellow App Pty Ltd may use, display, and publish this feedback for operational and promotional purposes without your approval.

(c) Feedback that contains inappropriate language or violates any applicable laws may be removed.

 

PART 3 - FEES AND PAYMENT

​

5.1 Payment for Items

(a) Hellow App Pty Ltd will issue receipts or tax invoices to your customers on your

behalf for purchases made through the Hellow App.

(b) You appoint Hellow App Pty Ltd as your limited payment collection agent for

accepting customer payments.(c) Payments made by customers to Hellow App Pty Ltd will be treated as payments

made directly to you.

 

5.2 Service Fee

(a) In exchange for the Hellow App Services, you agree to pay Hellow App Pty Ltd a

Service Fee for each order.

(b) The Service Fee is calculated as a percentage of the Retail Price of the Items,

as specified in your Order Form.

(c) The Service Fee will be deducted from the payments owed to you.

 

5.3 Delivery Fee (For Delivery Items)

(a) If you offer delivery through the Hellow App, you will pay a Delivery Fee to your

Delivery Providers.

(b) The Delivery Fee is calculated based on factors such as:

• Distance from your location to the customer.

• Time spent on delivery.

• Delivery demand in the area.

(c) Hellow App Pty Ltd will inform you of any changes to the Delivery Fee calculation with 30 days’ notice.

 

5.4 Additional Charges

(a) You authorize Hellow App Pty Ltd to collect any additional charges that apply to

the provision of Items, including:

• Transactional fees.

• Service-related fees.

(b) Hellow App Pty Ltd will remit the appropriate amounts to you.

 

5.5 Remittance of Payment

(a) Hellow App Pty Ltd will remit the total payment collected from customers, minus

the applicable:

• Service Fee.

• Delivery Fee.

• Any refunds processed.

(b) Payments will be transferred to your designated account on a weekly basis.

 

5.6 Activation Fee

(a) You may be required to pay an Activation Fee for each of your locations added to the Hellow App.

(b) Hellow App Pty Ltd may deduct the Activation Fee from your weekly payments

until it is fully paid.

​

5.7 Payment Processing Errors

(a) Hellow App Pty Ltd reserves the right to correct any payment processing errors by adjusting future payments.

(b) In the case of an overpayment, Hellow App Pty Ltd may recover the excess

amount using one of the following methods:

• Deducting from future payments.

• Charging your registered payment method.

• Requesting reimbursement directly.

 

5.8 GST and Taxes

(a) You are responsible for determining and reporting any applicable taxes, including Goods and Services Tax (GST).

(b) The Retail Price of each Item must include applicable taxes.

(c) Hellow App Pty Ltd will issue tax invoices on your behalf where necessary.

 

5.9 Currency

All payments under this Agreement will be made in Australian Dollars (AUD).

 

PART 4 - OWNERSHIP OF MATERIALS, CONFIDENTIALITY, AND PRIVACY

This section describes the ownership rights of materials used in the Hellow App Platform and Hellow App Services, as well as the confidentiality and privacy responsibilities of all parties.

 

6. INTELLECTUAL PROPERTY

​

6.1 Ownership of Hellow App Materials

(a) Hellow and its Affiliates own all rights, including Intellectual Property Rights, in

the Hellow App Platform and all related materials (Hellow App Materials).

(b) You are granted a limited, non-exclusive, non-transferable, and non-

sublicensable license to use the Hellow App Platform solely for the purpose of using

the Hellow App Services.

(c) You must not:

• Copy, modify, distribute, sell, or lease any part of the Hellow App Platform.

• Reverse engineer or attempt to extract source code, except as permitted by

law.

 

6.2 License to Use Marks

(a) You grant Hellow and Hellow App Pty Ltd a limited license to use your business name, logo, and related trademarks (Marks) for promotional purposes.

(b) Hellow grants you a limited, non-exclusive, non-transferable license to use Hellow’s Marks for activities permitted under this Agreement.

(c) Hellow may revoke this license if the use of its Marks negatively impacts its brand

reputation.

​

6.3 Ownership and Use of Marketing Materials

(a) Hellow may create and use promotional materials featuring your Items (Hellow App Marketing Materials). These materials remain the property of Hellow.(b) You may provide Hellow with photos, videos, and other media for marketing purposes (Your Marketing Materials). You grant Hellow a royalty-free license to use Your Marketing Materials.

​

7. CONFIDENTIALITY

(a) Each party agrees to keep Confidential Information private and secure.

(b) Confidential Information may only be disclosed:

• To employees, agents, or representatives who need it for the purpose of this

Agreement.

• As required by law or legal proceedings.

(c) Upon termination of this Agreement, both parties must return or destroy any Confidential Information upon request.

​

8. PRIVACY

(a) Hellow will handle Personal Data in accordance with its Privacy Policy.

(b) You agree to:

• Comply with all applicable Data Protection Laws.

• Maintain the confidentiality of Personal Data.

• Promptly notify Hellow of any data breaches.

(c) Hellow may share customer data with you only as necessary for fulfilling orders.

 

PART 5 - ALLOCATION OF RISK

This section outlines the responsibilities, liabilities, and indemnification obligations of

the parties.

​

9. REPRESENTATIONS AND WARRANTIES

(a) Each party represents that:

• They have full authority to enter into this Agreement.

• They will comply with all applicable laws.• Their obligations under this Agreement will not conflict with any other agreement.

(b) You additionally represent and warrant that:

• You have the necessary licenses and permits to sell and deliver Items.

• The Items you offer comply with all laws and safety standards.

 

10. INDEMNIFICATION

(a) Each party agrees to indemnify and defend the other party against claims, damages, or losses resulting from:

• Negligence or misconduct.

• Breach of warranties or obligations.

• Violation of any laws.

(b) If a claim is brought against you, Hellow will notify you in writing and you will have the opportunity to defend against the claim.

​

11. LIMITATION OF LIABILITY

(a) Neither party will be liable for:

• Indirect, incidental, or consequential damages.

• Loss of profits or business opportunities.

(b) The maximum liability of Hellow under this Agreement will not exceed AUD 100,000.

 

12. INSURANCE

(a) You agree to maintain the following insurance policies during the term of the

Agreement and for one year thereafter:

Type of Insurance Details Commercial General Liability Insurance Coverage as set out in your Order Form. Workers’ Compensation Insurance Coverage as required by applicable law.

(b) The insurance must be issued by a reputable insurer authorized to operate in Australia.

(c) You must provide proof of insurance to Hellow App Pty Ltd upon request.PART 6 - TERMINATION

 

This section describes how and when the Agreement may be terminated, including

conditions for ending the relationship between you and Hellow App Pty Ltd.

 

13.1 Termination by You

You may terminate this Agreement:

• (a) At any time, by providing 7 days’ written notice to Hellow App Pty Ltd.

• (b) Immediately, if Hellow App Pty Ltd commits a material breach of the Agreement and does not remedy the breach within 2 days of receiving written notice.

• (c) If any changes to the Agreement are made that materially affect your rights, you may terminate within 30 days of being notified of the change.

​

13.2 Termination or Suspension by Hellow App Pty Ltd

Hellow App Pty Ltd may terminate this Agreement:

• (a) By providing 30 days’ written notice for any legitimate business, legal, or

regulatory reason.

• (b) Immediately, if you commit a material breach of the Agreement.

• (c) If your actions negatively impact the brand reputation of Hellow App Pty Ltd.

• (d) If you fail to meet legal or regulatory requirements.

Hellow App Pty Ltd may also temporarily suspend your account in similar situations.

 

13.3 Effects of Termination

Upon termination of the Agreement:

• (a) Your access to the Hellow App Platform will be revoked.

• (b) Outstanding payments will be processed according to the Agreement terms.

• (c) Any remaining obligations, such as confidentiality and indemnification, will continue to apply.

 

PART 7 - GENERAL PROVISIONS

 

14.1 Notices

(a) All formal notices under this Agreement must be sent in writing to:

• For Hellow App Pty Ltd:

Email: support@hellowapp.com

• For You:

Address and email as provided in your Order Form.

(b) Notices will be deemed received:

• On the day of delivery, if delivered by hand or courier.

• One day after sending by email.

​

14.2 Modifications to the Agreement

(a) Hellow App Pty Ltd may modify the Agreement by:

• Providing a revised Order Form, effective from the specified date.

• Publishing an updated version of the General Terms on its website.

(b) If a change negatively affects your rights, Hellow App Pty Ltd will provide at least 30 days’ notice before the change takes effect.

 

14.3 Governing Law

This Agreement is governed by the laws of New South Wales, Australia.

 

14.4 Force Majeure

(a) No party will be held liable for any failure to perform obligations due to events

beyond their control (Force Majeure Events), including:

• Natural disasters

• Government actions

• Strikes or labor disputes

• Internet or telecommunications failures

(b) The affected party must notify the other party in writing as soon as possible.

 

14.5 Assignment and Subcontracting

(a) Hellow App Pty Ltd may assign or transfer this Agreement to another entity without your consent.

(b) You may not assign this Agreement without prior written approval from Hellow App Pty Ltd.

 

14.6 Relationship Between the Parties

(a) This Agreement does not create any joint venture, partnership, or agency relationship between you and Hellow App Pty Ltd.

(b) Neither party has the authority to bind the other or enter into contracts on their behalf.

 

14.7 Costs and Expenses

(a) Each party is responsible for its own expenses incurred in connection with performing its obligations under this Agreement.

 

14.8 No Waiver

(a) The failure of any party to enforce any provision of this Agreement does not constitute a waiver of that provision.

(b) A waiver of any provision must be made in writing and signed by the party granting it.

 

14.9 Severability

(a) If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

(b) The invalid provision will be replaced with a valid provision that best reflects the original intent of the Agreement.

​

14.10 Entire Agreement

This Agreement represents the entire understanding between the parties and supersedes any prior agreements or discussions.

 

PART 8 - DEFINITIONS AND INTERPRETATION

​

15.1 Definitions

In this Agreement:

• Affiliate: An entity that directly or indirectly controls, is controlled by, or is under common control with a party.

• Agreement: This agreement including the Order Form, General Terms, and Hellow App Policies.

• Confidential Information: Any non-public information disclosed by one party to the other.

• Data Protection Laws: Any applicable laws governing the use, storage, and protection of personal data.

• Delivery Provider: Independent contractors providing delivery services through the Hellow App.

• Effective Date: The date specified in the Order Form when the Agreement begins.

• Force Majeure Event: An event beyond a party’s control that prevents performance under the Agreement.

• Hellow App: The mobile and web application facilitating the sale and delivery of Items.

• Hellow App Platform: The technology platform provided by Hellow App Pty Ltd to support merchants.

• Hellow App Policies: Policies applicable to the use of the Hellow App Platform and Services.

• Intellectual Property Rights: All rights associated with patents, trademarks, copyrights, and other proprietary information.

• Item: Food, beverages, or other products offered by you through the Hellow App.

• Order Form: The document that specifies terms like pricing and other relevant conditions.

• Personal Data: Any information relating to an identified or identifiable person.

• Retail Price: The price set by you for your Items on the Hellow App.

 

15.2 Interpretation

In this Agreement:

• References to a "person" include individuals, corporations, partnerships, and other legal entities.

• "Including" means "including without limitation."

• Headings are for convenience only and do not affect the interpretation of the Agreement.

• Any reference to "writing" includes electronic communication.