Terms of service

This agreement

OpenFork is operated by VJB Group Pty Ltd (ABN 93 160 255 416). These terms apply between us and the business that opens an account. By opening one, you agree to them.

They do not govern the relationship between a restaurant and the people who order from it. That is a matter between those two, and the restaurant sets its own terms — see "Your own terms" below.

What the service does

We provide software for taking pickup orders from your own website: a menu, a checkout, an order screen, printing, and tools for contacting your own customers.

We are not a marketplace and not a delivery service. We do not list your restaurant anywhere, do not put you alongside competitors, and do not take a share of any order.

What it costs

A free trial for the stated period, with no card required. After that the subscription is charged monthly in advance at the price shown when you signed up, plus GST.

We take no commission and no per-order fee. What a customer pays, you keep, less whatever Stripe charges you directly under your own agreement with them.

You can cancel at any time. Cancellation stops the next charge; we do not refund part of a month already started.

If we change the price we will give at least 30 days’ notice by email, and you may cancel before it takes effect.

Money

Card payments go directly to your own Stripe account. We never hold your money, and we are not a party to the payment.

Chargebacks, refunds and disputes are between you, your customer and Stripe. We will help you find the records, but we cannot decide the outcome.

You are responsible for charging and remitting the correct tax on your own sales.

Your responsibilities

Keep your menu, prices, allergen information and opening hours accurate. What the ordering page shows is what your customers will rely on.

Answer the orders you accept. An order nobody confirms within the deadline is rejected automatically and the customer’s card is released, but the reputational cost of that is yours.

Only email your customers with their consent, and honour every unsubscribe. The tools enforce this, and the Spam Act 2003 requires it of you regardless.

Keep your account credentials to yourself. You are responsible for what is done from your account.

Your own terms

You may publish your own privacy policy and terms to your customers through the dashboard, either from the template we provide or by pasting your own. The template is a starting point offered in good faith, not legal advice, and remains your document once published — you are responsible for its accuracy and for having it reviewed.

Your data

Your menu, your orders and your customer list are yours. We claim no ownership of them and will not use them for anything except running the service for you.

You can export your order and customer data at any time. If you close your account, we delete your data within 90 days of the request.

Availability

We work to keep the service running and will give notice of planned maintenance where we can, but we do not promise uninterrupted availability. Parts of the service depend on providers we do not control, including Stripe, and on your own internet connection and hardware.

Liability

Nothing in these terms excludes any right you have under the Australian Consumer Law, and nothing here limits liability where the law does not permit it.

Beyond that, our liability for any claim arising from the service is limited to the subscription fees you paid us in the twelve months before the claim, and we are not liable for loss of profits or other indirect loss.

Ending it

You can close your account whenever you like. We may suspend or close an account that does not pay, that uses the service unlawfully, or that uses it to send marketing to people who did not ask for it — and in the last two cases, without notice.

Law

These terms are governed by the laws of New South Wales, Australia, and both of us submit to the courts of that place.