Terms of Service

1. Who we are

Yumme is operated by David Tran trading as TRAN Systems, Australian Business Number 99 773 857 017 (“TRAN Systems”, “Yumme”, “we”, “us” or “our”). Our principal contact address is 26/198 Adelaide Street, Brisbane City, Queensland 4000, Australia.

We operate yumme.network, tran.systems, the Yumme mobile and web applications, merchant and business tools, ordering and payment interfaces, customer support and any related product that links to these Terms (together, the “Yumme Platform”).

These Terms apply to customers and general account holders. If you are a merchant, delivery provider, employee account, enterprise customer, developer or other business user, separate partner, service, order-form, API or supplemental terms may also apply. If there is an inconsistency, the more specific terms apply to the relevant service.

2. Contract structure and Yumme’s role

The Yumme Platform is a technology service. It may enable you to discover merchants, request or purchase items and services, arrange pickup or delivery, communicate with a supplier, make payments and receive receipts. Unless we expressly identify TRAN Systems as the supplier, we do not manufacture, prepare, own or sell a merchant’s items and do not employ or control an independent merchant or delivery provider.

Where a third party is the supplier, your request through Yumme creates a separate contract between you and that supplier when the supplier accepts the request. We may act as the supplier’s disclosed limited agent for presenting information, transmitting your order, collecting or refunding payment, issuing a receipt and providing support. We are not a party to the underlying supply contract merely because we perform those functions.

Nothing in these Terms creates a partnership, joint venture, franchise, fiduciary, employment or general agency relationship between you, TRAN Systems and a third-party supplier. The actual legal relationship may be different where applicable law or a specific written agreement requires it.

3. Acceptance, eligibility and authority

By creating an account, clicking to accept, placing an order or otherwise accessing or using the Yumme Platform, you agree to these Terms and any supplemental terms presented for the relevant feature. If you do not agree, do not use the Yumme Platform.

You must be at least 18 years old and legally capable of entering into a binding contract to hold an account, unless a specific feature expressly permits supervised use by a younger person. If you use Yumme for an organisation, you represent that you have authority to bind that organisation, and “you” includes that organisation.

You may permit another person, including a minor where lawful, to receive a non-regulated order only if you supervise or authorise them and accept responsibility for their acts and omissions. Regulated items remain subject to section 10.

4. Key definitions

Account

Your registered Yumme customer, merchant, business or other user account.

Australian Consumer Law or ACL

Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied by Commonwealth, State and Territory law.

Business User

A person using Yumme wholly or mainly in trade, commerce, a profession or business.

Charges

Item prices, platform, service, delivery, small-order, subscription, cancellation or other fees, taxes and voluntary tips disclosed through Yumme.

Customer

A person who browses, requests, orders or receives items or services through Yumme.

Delivery Provider

A merchant, courier, contractor or other person that accepts responsibility for a delivery.

Items

Food, beverages, groceries, retail goods, digital products or other goods and services offered by a merchant.

Merchant

An independent restaurant, store, home-based business, service provider or other seller displayed on Yumme.

User Content

Reviews, ratings, photos, text, messages, menus, business information and other material submitted by a user.

5. Accounts, security and verification

To use some features, you must create and maintain an active Account. You agree to:

• provide accurate, complete and current information, including a valid mobile number, email address, delivery address and payment method;
• keep your login credentials, verification codes and devices secure and confidential;
• not sell, transfer, share or maintain duplicate Accounts to evade restrictions;
• notify us promptly at [email protected] if you suspect unauthorised access, fraud or compromise; and
• remain responsible for activity initiated through your Account to the extent permitted by law, except where it results from our failure to use reasonable care or from circumstances outside your reasonable control.

We may request identity, age, business, licensing, payment or security verification. We may refuse a transaction or restrict a feature where verification is incomplete, where required by law, or where we reasonably consider it necessary to prevent fraud, harm or misuse. Verification reduces risk but is not a guarantee of a user’s identity, character, qualifications or suitability.

6. Limited licence to use the Yumme Platform

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Yumme Platform on a compatible device for its intended purpose. Business use is permitted only for features or accounts we designate for business use and may be subject to separate terms.

You must not, except where the law does not permit us to restrict the activity:

• copy, modify, translate, distribute, sell, rent, lease, sublicense or create derivative works from the Yumme Platform;
• reverse engineer, decompile, disassemble or attempt to discover source code, algorithms or non-public interfaces;
• scrape, index, data-mine or use bots or automated systems to access the Yumme Platform without written permission;
• circumvent access, rate, geographic, security or technical restrictions;
• use Yumme data to create or train a competing product or artificial-intelligence model without written permission; or
• remove copyright, trademark or proprietary notices.

7. Marketplace listings and orders

Listings are invitations to place an order, not binding offers. When you submit an order, you make an offer to the relevant supplier on the information shown at checkout. An order is accepted when Yumme or the supplier confirms acceptance. A supplier may reasonably reject or cancel an order because of unavailability, closing time, delivery limits, suspected fraud, safety, an obvious pricing error, legal restrictions or another stated reason.

Images may be illustrative. Availability, ingredients, portions, colours, packaging and other details may vary. Substitutions require your permission where required by law or where the substituted item materially differs. You must review the order, supplier, delivery or pickup method, address, quantities, dietary selections and total Charges before confirming.

Estimated preparation and delivery times are estimates only unless expressly stated as a guarantee. We and suppliers will use reasonable efforts to provide accurate information, but traffic, weather, demand, stock, access and other events can affect timing.

8. Merchant responsibilities and item information

Each Merchant is responsible for the Items it offers, including lawful supply, licences, registrations, food and product safety, preparation, quality, descriptions, pricing, stock, labelling, allergens, dietary claims, recall obligations, tax, receipts and compliance with consumer guarantees.

If you have an allergy, intolerance, medical condition or other dietary requirement, you must review the available information and contact the Merchant before ordering. Yumme cannot guarantee an Item is free from an allergen or cross-contamination. Do not consume an Item if its condition, seal, temperature, contents or labelling gives you a reasonable safety concern; contact support and the Merchant promptly.

We may review, moderate, correct or remove listings and may suspend a Merchant where we reasonably believe content or conduct is inaccurate, unsafe, unlawful or inconsistent with our standards. This does not make us the manufacturer or seller of third-party Items and does not create a general obligation to monitor every listing.

9. Delivery, pickup and risk

9.1 Delivery provider

The supplier of delivery will be identified in the order flow, receipt or applicable supplemental terms. A Delivery Provider may use personnel or a lawful delegate to perform delivery. Unless TRAN Systems is expressly identified as the delivery supplier, the Delivery Provider supplies delivery independently and is responsible for that service.

9.2 Your delivery obligations

You must provide a complete and accurate address, safe access, relevant access instructions and a contactable phone number. You must be available to receive the order within a reasonable time, and must not require a person to enter an unsafe location.

If delivery cannot be safely or reasonably completed because of an incorrect address, unsafe access, inability to contact you, your absence or another matter within your control, the order may be left in a safe place where you authorised this, returned, disposed of where appropriate for perishable goods, or cancelled. You may be charged the reasonable, disclosed costs incurred, subject to applicable law.

9.3 Pickup

For pickup, the Merchant supplies the Items directly to you at its premises. You must follow reasonable collection instructions and comply with site safety rules. The Merchant is responsible for its premises and pickup service.

9.4 Title and risk

Title to an Item passes as determined by the contract with the Merchant and applicable law. Risk in an Item does not pass merely because payment is facilitated through Yumme. A delivery supplier has care of the Item while performing its delivery obligations, subject to the terms of that delivery contract and applicable law.

10. Alcohol and other regulated or restricted items

Alcohol, tobacco, vaping products, medicines, knives, lottery products and other regulated or age-restricted items may only be offered where lawful and expressly enabled. Additional terms and legal restrictions apply. Availability does not mean an item is lawful for every person or location.

Where required, you agree to:

• be at least the minimum legal age and not purchase for a person below that age;
• provide valid government-issued photo identification to the supplier or Delivery Provider;
• receive the item personally at a lawful, safe location; and
• accept refusal or cancellation where identification is unavailable, expired or inconsistent, or where supply would be unlawful or unsafe, including apparent intoxication.

A lawful refusal may result in cancellation and reasonable Charges where disclosed and permitted by law. You remain responsible for safe, lawful possession and use after supply.

11. Prices, fees, taxes and payment

11.1 Charges

The checkout screen will display the total known Charges before you confirm an order. Charges may include Item prices and separately identified service, platform, delivery, small-order, priority, regulatory, cancellation or subscription fees, taxes and voluntary tips. Prices and fees may vary by Merchant, location, time, demand, fulfilment method or other disclosed factors. A price shown before confirmation will not be increased after confirmation unless you request a change, approve a substitution or additional service, or the law permits the correction of an obvious error.

11.2 Payment authority

You authorise us, our affiliate or our payment service provider, acting for the identified supplier where applicable, to validate your payment method, place a temporary pre-authorisation and charge the amounts you approve, including adjustments permitted by these Terms. Payment-card processing may be subject to your issuer’s terms.

If payment fails, we may retry the payment method, use another method you have selected, record an unpaid balance and restrict paid features until the balance is resolved. We may recover reasonable costs of a valid debt, but not costs caused by our error or amounts you dispute in good faith while we investigate them.

11.3 Tips and receipts

Tips are voluntary. Where a tip feature is available, the amount and recipient will be shown before confirmation, and we may collect the tip for the recipient. A receipt or tax invoice will identify the relevant supplier where required. You are responsible for your own bank, currency-conversion, mobile-data and similar third-party charges.

11.4 Chargebacks and fraud

Contact support before initiating a chargeback so we can investigate. You must not make a false chargeback claim. We may share transaction evidence with payment providers and take proportionate action where we reasonably suspect fraud, account takeover, money laundering, sanctions evasion or other unlawful payment activity.

12. Cancellations, returns, refunds and complaints about an order

The cancellation terms and any likely charge will be shown in the order flow or applicable policy. You may generally cancel without charge before a Merchant accepts or begins fulfilling an order. Once preparation, purchase or delivery has started, a cancellation charge may reflect the reasonable value of Items and services already supplied or costs reasonably incurred, up to the disclosed order total.

If an order fails or is cancelled for a reason not attributable to you, you are entitled to a refund of the Charges for Items or services not supplied. If Items are missing, materially incorrect, damaged, unsafe or not of acceptable quality, or if a service fails a consumer guarantee, contact us promptly with the order details and reasonable evidence. We may refer the matter to the supplier and facilitate the remedy.

Perishable, personalised, digital, hygiene-sensitive and regulated Items may not be returnable merely because you changed your mind, but this does not affect rights for a failure to comply with a consumer guarantee. Approved refunds are made to the original payment method unless you agree to another method. Processing times depend on payment providers.

13. Subscriptions, trials and recurring billing

If you purchase a subscription, the sign-up screen will disclose the price, billing period, included benefits, any trial, minimum term and how to cancel. Unless stated otherwise, a subscription renews for successive billing periods until cancelled. By subscribing, you authorise recurring charges to your selected payment method.

You may cancel through the Account settings where available or by contacting support. Unless the offer says otherwise, cancellation stops future renewal and access continues until the end of the paid period. We do not charge an early-termination fee unless a minimum commitment and fee were clearly disclosed before purchase and are lawful.

We will give reasonable advance notice of a material price increase or material reduction in ongoing benefits. You may cancel before the change takes effect. If we cancel a prepaid subscription for convenience, we will provide a pro-rata refund for the unused period, excluding any period suspended because of your material breach where lawful.

Trial eligibility may be limited to new or selected users. Unless the trial terms say that it ends automatically, a trial converts to a paid subscription on the disclosed date; we will obtain any consent and give any reminder required by law.

14. Promotions, credits, referrals and rewards

Promotions, referral benefits, credits, vouchers, loyalty points and rewards may be subject to supplemental terms shown when offered. Unless those terms state otherwise, they are promotional, personal, non-transferable, not redeemable for cash and limited to one per eligible person or transaction. Lawful expiry dates and material restrictions will be disclosed.

We may withhold or cancel a benefit where we reasonably determine it was issued or used because of fraud, mistake, duplicate Accounts, manipulation, resale or material breach. We will not remove purchased value or accrued rights contrary to law. We may correct an erroneous credit after giving you an explanation and reasonable opportunity to respond.

15. User conduct, community standards and safety

You must use Yumme lawfully and respectfully. You must not:

• threaten, harass, assault, discriminate against, stalk or intimidate another person;
• engage in sexual misconduct, hate speech, exploitation, human trafficking or conduct that creates an unreasonable safety risk;
• damage property, carry weapons unlawfully or request transport of prohibited, hazardous, stolen or unsafe material;
• impersonate another person, submit false information or misuse another person’s payment method or personal information;
• interfere with the Yumme Platform, introduce malware, overload systems or evade security controls;
• use Yumme for spam, unlawful advertising, scams, collusion, price manipulation, review manipulation or fraudulent transactions;
• infringe intellectual-property, privacy, publicity or other rights;
• record another person in a private setting without any consent required by law; or
• encourage, assist or attempt any prohibited conduct.

We may investigate reports, preserve evidence, restrict contact, remove content, cancel a transaction, suspend access, cooperate with emergency services or law enforcement, and take other proportionate action. We will act reasonably having regard to safety, seriousness, available evidence, repeated conduct and applicable law. Where appropriate, we may provide notice and an opportunity to respond or appeal.

16. User Content, reviews and feedback

You retain ownership of User Content you submit. You grant us a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, reproduce, adapt, translate, publish, communicate, display and distribute that User Content only to operate, secure, improve, promote and provide the Yumme Platform and related services. The licence lasts while the content is used for those purposes, subject to reasonable backup, evidentiary and legal retention. To the extent permitted by law, you consent to acts that would otherwise infringe your moral rights for those purposes.

You represent that you have the rights and permissions needed for your User Content and that it is not unlawful, misleading, defamatory, confidential, infringing, malicious or manipulated.

Reviews must reflect a genuine first-hand experience. You must disclose a material relationship or incentive. We may label, rank, refuse, edit for formatting, restrict or remove content where we reasonably believe it breaches these Terms, creates legal or safety risk, is irrelevant or is inauthentic. We do not endorse User Content and are not obliged to pre-screen all content.

If you send ideas or feedback about Yumme, you grant us a perpetual, worldwide, royalty-free right to use it without restriction or payment, but we do not acquire your confidential information merely because you send feedback.

17. Electronic communications, SMS and notices

You agree to receive transactional communications needed to operate your Account or fulfil a request, including verification codes, receipts, security alerts, service notices and order updates, by app notification, email, SMS or telephone. Message and data rates charged by your provider may apply. Transactional messages are not marketing merely because they identify Yumme or a supplier.

We will send marketing communications only as permitted by law. You may opt out using the unsubscribe facility, Account settings or support contact. Opting out of marketing does not stop essential service messages. You consent to electronic records and signatures to the extent permitted by law, and may retain a copy of these Terms and receipts.

Notices from us may be delivered to your Account, app, email or postal address. A legal notice from you must be sent to the contact in section 32 unless a specific process is provided.

18. Intellectual property and app-store terms

The Yumme Platform, including software, databases, interfaces, design, text, graphics, trade marks, logos and other content supplied by us, is owned by or licensed to TRAN Systems and is protected by intellectual-property laws. All rights not expressly granted are reserved. Merchant names, marks and content belong to their respective owners.

If you download an app through Apple App Store or Google Play, the store’s usage rules also apply. TRAN Systems, not the store operator, is responsible for the Yumme app and any support we promise or are required to provide. The store operator is a third-party beneficiary of this paragraph and may enforce applicable app licence restrictions. Nothing in this paragraph makes the store operator responsible beyond its own terms or applicable law.

To report alleged intellectual-property infringement, send sufficient details to [email protected], including your contact details, the protected work or right, the location of the material, the basis of your claim and a statement that your report is accurate and made in good faith.

19. Third-party services, links and devices

Yumme may interoperate with payment processors, maps, identity services, social logins, app stores, communications providers and third-party websites or software. Their own terms and privacy policies apply to their services. We are not responsible for a third party’s services, content or security merely because Yumme links to or integrates with them, but we remain responsible for our selection and use of providers to the extent required by law.

You are responsible for compatible devices, software, connectivity and updates. We do not guarantee the Yumme Platform will work with every device, operating system or third-party service.

20. Privacy, data use and evidence

Our collection, use, disclosure, storage and protection of personal information is described in the Yumme Privacy Policy. By using the Yumme Platform, you acknowledge that policy. Consent is relied on only where consent is the appropriate lawful basis and may be withdrawn as described in the policy.

To arrange an order or resolve an issue, we may disclose necessary information among the Customer, Merchant, Delivery Provider, payment provider, insurer, claims manager, professional adviser and relevant authority, subject to applicable privacy law. This may include contact, order, location, communication, device, transaction, incident and account information.

We may retain transaction and communication records and use them as evidence of requests, acceptance, payment, delivery, consent, complaints and compliance. We may generate de-identified or aggregated information that no longer reasonably identifies an individual and use it for analytics, security and service improvement.

21. Availability, updates and service changes

The Yumme Platform may not be available at all times or in every location. Features, suppliers, coverage and availability can change. We may perform maintenance, deploy updates, correct errors, change technical requirements and add or remove features for security, legal, operational or business reasons.

We will act reasonably and, where practical, give notice of planned downtime or a material adverse change to a paid ongoing service. If we permanently discontinue a prepaid service for convenience, we will provide a pro-rata refund for the unused portion unless a comparable replacement is accepted by you. We are not responsible for delay or failure caused by events beyond our reasonable control, but this does not remove any remedy the law requires.

22. Suspension, restriction and termination

You may stop using Yumme and request Account closure at any time, subject to completing or cancelling outstanding transactions, paying valid amounts due and lawful record retention.

We may immediately restrict, suspend or terminate access where we reasonably believe this is necessary to address fraud, security, unlawful activity, imminent harm, a serious or repeated breach, a legal requirement, invalid payment, failure of eligibility or misuse of regulated items. We may also terminate an ongoing free service or Account for a legitimate business reason on reasonable notice, normally at least 30 days where practicable.

We will act proportionately. Unless doing so would create risk, compromise an investigation or be unlawful, we will tell you the general reason and provide a reasonable opportunity to respond or appeal. Termination does not affect accrued rights, valid outstanding payments, claims or provisions intended to survive, including intellectual property, payment, liability, dispute and general provisions.

23. Business information, forecasts and no professional advice

Dashboards, analytics, rankings, estimates, automated suggestions, forecasts, educational materials and business tools are general information only. Unless expressly stated in a separate regulated disclosure, nothing on Yumme is legal, accounting, tax, medical, financial product, investment, credit or insurance advice, an offer of a financial product, or a promise of revenue, profit, demand, ranking, funding or business performance.

Information may be incomplete, modelled, delayed or affected by assumptions and third-party data. You must evaluate decisions independently and obtain qualified advice appropriate to your circumstances. You remain responsible for business plans, staffing, pricing, tax, food and workplace safety, licences, investment decisions and compliance obligations.

Any digital-asset, blockchain, wallet, token, payment, financing or similar feature is subject to separate terms and legally required disclosures before use. Do not treat a reference to such technology as a representation that an asset has value, liquidity, regulatory approval or protection against loss.

24. Australian Consumer Law and non-excludable rights

Goods and services supplied to consumers may come with guarantees that cannot be excluded under the ACL. These may include guarantees that goods are of acceptable quality, match their description and are fit for a disclosed purpose, and that services are supplied with due care and skill, are fit for purpose and are supplied within a reasonable time where no time is agreed.

Nothing in these Terms excludes, restricts or modifies a guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified. Any disclaimer, exclusion, indemnity or limitation in these Terms applies only to the maximum extent the law permits and is read down where necessary.

Where the law permits us to limit liability for a failure to comply with a consumer guarantee for services not ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option, to supplying the services again or paying the reasonable cost of having them supplied again. For qualifying goods, liability may be limited to replacement, equivalent goods, repair, or the cost of replacement or repair, at our option, where the law permits.

25. Disclaimers

Subject to section 24 and to the maximum extent permitted by law, the Yumme Platform is provided “as available”. We do not make a promise not expressly stated in these Terms and do not guarantee uninterrupted, error-free or universally secure operation; the ongoing availability of any Merchant, Delivery Provider or Item; exact preparation or delivery times; or that third-party content is complete and accurate.

Independent suppliers control their own goods, services, personnel, premises, equipment and conduct. We do not guarantee a supplier’s identity, qualifications, licensing, insurance, suitability or compliance merely because the supplier appears on Yumme. Any checks we perform are risk controls and do not replace your reasonable care.

These disclaimers do not exclude responsibility for a representation we make, a service we directly supply, our own negligence or wrongdoing, or any obligation that applicable law does not allow us to exclude.

26. Limitation of liability

26.1 Scope

This section applies to liability arising in contract, tort (including negligence), equity, statute or otherwise. It does not limit liability to the extent a limitation is prohibited by law, including liability for fraud or fraudulent misrepresentation, wilful misconduct, or death or personal injury where liability cannot lawfully be excluded or limited.

The exclusions and caps in this section do not apply to death, personal injury or damage to tangible property to the extent directly caused by the fraud, negligence or wilful misconduct of TRAN Systems or a person for whose conduct TRAN Systems is legally responsible. They also do not limit a remedy for a failure to comply with a consumer guarantee or any other liability that applicable law makes non-excludable.

26.2 Third-party goods and services

Where a Merchant or Delivery Provider is the identified supplier, that supplier is responsible for its goods or services. To the maximum extent permitted by law, TRAN Systems is not liable for loss caused solely by that independent supplier’s act or omission and not contributed to by TRAN Systems. We remain liable for our own acts and omissions and any non-excludable duty.

26.3 Excluded loss

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the relevant contract was made. For a Business User, this includes loss of profit, revenue, opportunity, goodwill, anticipated savings, business interruption or corrupted data, except to the extent caused by the other party’s fraud, wilful misconduct, breach of confidentiality, infringement of intellectual-property rights or failure to comply with a non-excludable obligation.

26.4 Liability caps

Subject to sections 24 and 26.1, where a claim relates to a specific order or directly supplied Yumme service, TRAN Systems’ aggregate liability is limited to the total amount paid or payable for that order or service. For any other claim, aggregate liability is limited to the greater of AUD $1,000 and the fees paid directly to TRAN Systems for the Yumme Platform during the 12 months before the event giving rise to the claim.

A cap does not apply to the extent it would be unfair, unreasonable or unlawful in the circumstances, and does not reduce a remedy available under section 24. Each party must take reasonable steps to mitigate loss.

27. Indemnity

If you are a Business User, you indemnify TRAN Systems, its personnel and affiliates against third-party claims, regulatory penalties and reasonable direct costs to the extent caused by your unlawful conduct, material breach of these Terms, User Content, Items or services you supply, infringement of third-party rights, tax or employment obligations, or negligent or wilful act or omission.

If you are a consumer, you are responsible for reasonably foreseeable direct loss caused by your fraud, unlawful conduct or material breach, but you are not required to indemnify us merely for ordinary lawful use of Yumme.

No indemnity applies to the extent a claim or loss was caused by TRAN Systems’ negligence, breach, fraud or wilful misconduct, or could have been avoided by reasonable mitigation. We will give reasonable notice of an indemnified claim, allow reasonable participation in its defence and not settle it in a way that admits your fault or imposes a non-monetary obligation on you without your consent, not to be unreasonably withheld.

28. Incidents, injury, death, property damage, insurance and financial loss

Your safety matters. After contacting emergency services where appropriate, report any accident, injury, illness, unsafe Item, property damage, suspected crime or serious dispute to Yumme as soon as reasonably practicable. Preserve relevant photos, packaging, receipts, communications and other evidence. Prompt reporting helps us support the parties and investigate, but a delay does not remove a legal right where the law does not permit that.

We may provide necessary information to a supplier, insurer, claims manager, professional adviser, regulator or law-enforcement agency to manage an incident, claim or dispute, in accordance with the Privacy Policy and applicable law. Cooperation does not constitute an admission of liability.

Unless a specific written policy or benefit says otherwise, use of Yumme does not give you accident, life, health, income-protection, business-interruption, goods-in-transit, motor, property, cyber or other insurance. You are responsible for insurance legally required or reasonably appropriate for your activities. A statement that a third party holds insurance is not a guarantee that a particular event, person, item or amount is covered.

Nothing in these Terms excludes or limits liability for death, personal injury, property damage or financial loss to the extent liability cannot lawfully be excluded or limited. Otherwise, responsibility is allocated under sections 2, 24, 25 and 26 according to who supplied the relevant goods or services and who caused or contributed to the loss.

29. Complaints, dispute resolution and governing law

29.1 Contact us first

Contact [email protected] with your Account contact details, order number, issue, requested outcome and relevant evidence. We will acknowledge and investigate a complaint within a reasonable time, may ask the relevant supplier for information, and will explain the outcome. Urgent safety matters are prioritised.

29.2 Informal resolution

Before starting court proceedings, each party agrees to attempt in good faith to resolve the dispute for at least 30 days after written notice, unless urgent relief is needed, a limitation period is about to expire, or the claim is suitable for a tribunal or small claims process. The parties may agree to mediation. This does not require a consumer to arbitrate or prevent access to a regulator, ombudsman, tribunal or court.

29.3 External options

Australian consumers may contact the Australian Competition and Consumer Commission for information, their State or Territory consumer-protection agency, or an applicable tribunal. The ACCC does not resolve individual disputes. Privacy complaints may be made to the Office of the Australian Information Commissioner after first giving us a reasonable opportunity to respond.

29.4 Law and courts

These Terms are governed by the laws of Queensland, Australia. Subject to any right to bring a claim elsewhere under applicable law, the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland and courts entitled to hear appeals from them. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

30. Changes to these Terms

We may change these Terms to reflect new features, suppliers, laws, regulatory guidance, security requirements or reasonable business changes. The “Effective” date identifies the current version.

We will give reasonable advance notice of a material change, normally at least 30 days, through the Yumme Platform or your registered contact details. A change may take effect sooner where reasonably necessary for law, safety or security. A change will not apply retroactively to a completed order unless required by law or agreed by you.

If a material change adversely affects an ongoing paid service, you may cancel before it takes effect and receive any refund required by law. Continued use after the effective date constitutes acceptance where permitted by law. If you do not agree, you must stop using the affected service.

31. General legal terms

31.1 Entire agreement and order of precedence

These Terms, the checkout information and applicable supplemental terms form the entire agreement between you and TRAN Systems for the Yumme Platform and replace prior terms on the same subject. They do not replace your separate contract with a third-party supplier. Specific supplemental terms prevail over these Terms for the relevant feature; negotiated written terms prevail over standard terms to the extent of an inconsistency.

31.2 Assignment

You may not assign these Terms without our written consent, which will not be unreasonably withheld. We may assign them to an affiliate or a purchaser of the relevant business if the assignment does not materially reduce your rights. We will notify you of a material assignment where required by law.

31.3 Severability and interpretation

If a provision is unlawful or unenforceable, it is read down to the minimum extent needed or severed, and the rest continues. “Including” means “including without limitation”. A singular word includes the plural and vice versa. Headings and the plain-English summary do not limit the operative provisions. These Terms are not interpreted against a party merely because that party drafted them.

31.4 No waiver; cumulative rights

A delay or failure to enforce a right is not a waiver. A waiver must be in writing and is limited to its stated circumstances. Rights and remedies are cumulative unless the Terms or law say otherwise.

31.5 Force majeure

A party is not liable for delay or failure caused by an event beyond its reasonable control, such as natural disaster, severe weather, epidemic, war, civil disorder, government action, labour disruption, utility or telecommunications failure, cyberattack or supplier outage, provided it takes reasonable steps to reduce the impact. This clause does not excuse payment for goods or services already supplied or remove a non-excludable consumer remedy.

31.6 Language and accessibility

The English version controls to the extent permitted by law if a translation differs. If you need these Terms in an accessible format, contact us and we will provide reasonable assistance.

32. Contact us

Contact us for support, complaints, legal notices or questions about these Terms.