Merchant Agreement.
Version 1.0 · Effective 6 August 2026
This agreement applies when a venue accepts a Tische order form or paid subscription. It works with the Terms of Service, DPA and selected plan. The order form controls commercial details such as price, term, inclusions and venue count.
1. Contract and authority
The merchant identified in the order form (“Venue”) confirms that the person accepting has authority to bind it. The agreement consists of the order form, this Merchant Agreement, the Terms of Service, applicable product schedules and the Data Processing Agreement. A negotiated order form prevails over inconsistent standard terms to the extent it expressly says so.
2. Subscription and permitted use
During the paid term, Tische grants the Venue a limited, non-exclusive and non-transferable right to let authorised team members use the selected services for the Venue’s internal hospitality operations. Plan limits, venues, team seats, messaging allowances, onboarding, integrations and add-ons are those shown at purchase.
3. Fees, renewal and changes
Fees, taxes, billing frequency, initial term, renewal, notice period and authorised usage charges must be shown in the order form or checkout before acceptance. Tische will not add a paid add-on without authorised purchase. Any price change for a renewing subscription will receive reasonable advance notice. Non-excludable consumer and small-business protections continue to apply.
4. Venue responsibilities
The Venue controls availability, booking rules, service delivery, guest communications, promotions, refunds, staff access and lawful use of customer data. It must maintain accurate venue information, promptly remove former staff, honour guest rights and opt-outs, and comply with hospitality, privacy, spam, consumer and promotion laws relevant to its operations.
5. Data, integrations and migration
The Venue retains ownership of Customer Data and authorises Tische to process it to deliver the contracted service. The Venue confirms it has authority to provide imported or connected data. Provider APIs, email ingestion, calendar feeds and CSV files may contain delays, omissions or inconsistent fields; the Venue must review reconciliation exceptions and material import results.
6. AI and campaigns
Tische may generate forecasts and suggested operational or marketing actions from available venue data. They are decision-support outputs, not guarantees. The Venue remains responsible for reviewing the evidence, audience, content, offer and timing before sending any campaign or acting on a recommendation.
7. Payments, deposits and guest transactions
Where a connected provider processes deposits, subscription fees or other transactions, that provider’s terms also apply. Unless an order form expressly states otherwise, Tische supplies software and is not the restaurant, seller of hospitality services, card issuer or holder of guest funds. The Venue is responsible for venue cancellation terms, refunds, chargebacks and guest disputes.
8. Security and acceptable use
Each party will use reasonable safeguards. The Venue must not misuse the service, bypass limits, probe security without written authorisation, upload unlawful data or interfere with another customer. Tische may temporarily restrict access where reasonably necessary for security, non-payment, legal compliance or protection of the platform.
9. Termination, export and transition
Termination rights and notice periods appear in the order form. On termination, the Venue should export information it must retain during the stated export window. Tische will then delete or de-identify Customer Data subject to the DPA, backup cycles and legal retention obligations. Assisted migration may be charged only if agreed.
10. Liability, law and priority
Warranties, liability limits, indemnities, governing law and disputes are set out in the Terms and any negotiated order form. Nothing excludes rights or liabilities that cannot lawfully be excluded, including applicable Australian Consumer Law protections.
Important. This standard agreement should be reviewed by Australian technology counsel before Tische accepts paid subscriptions. Final order forms must state the legal entity details, price, minimum term, renewal, cancellation, support level and liability cap.