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Terms of Service

Draft for legal review. Written in plain English for an Australian lawyer to check before launch. Not yet reviewed. Items in [square brackets] still need filling in or a decision.

Effective [EFFECTIVE DATE]

1. Who we are

CafeScoreboard is run by [COMPANY NAME] Pty Ltd (ABN [ABN]), [REGISTERED ADDRESS], Western Australia (“we”, “us”). These terms apply when you create an account, list a café or place a bid. If you don’t agree with them, please don’t use those parts of the site. Anyone can browse the boards without an account.

2. What CafeScoreboard is — and isn’t

CafeScoreboard sells paid placement on public city boards. A café’s rank on its city’s board is decided only by the total amount its owner has paid: the highest total is #1, and if two totals are equal, the café that reached that total first ranks higher.

Rank = total paid. Not reviews, not quality. A rank is not a review, rating, award or recommendation by us, and we show this on every board and profile. Please don’t describe your rank as anything else (for example “voted best café”).

3. Your account

  • You must be at least 18 and authorised to act for the café you list.
  • One account can have one live listing.
  • Keep your login details secure. You’re responsible for bids placed from your account.
  • Give us accurate information and keep it up to date.

4. Your listing

  • You may only list a café you own or manage, that is open to the public, at the location you give us. We may ask you to show this (for example, by email from your café’s own domain).
  • You keep ownership of the name, photo, tagline and links you submit. You give us a non-exclusive, royalty-free licence to display them on CafeScoreboard and in promoting CafeScoreboard while your listing is live, and you confirm you have the right to give that licence.
  • Your listing must not be false or misleading, offensive, unlawful, or use someone else’s trade marks, photos or business name without permission.
  • You can edit your tagline, photo and links at any time. Editing never changes your total or rank.

5. Bids and payment

  • The minimum bid is $2. There is no maximum. All prices are in AUD and include GST [if/once [COMPANY NAME] Pty Ltd is registered for GST].
  • Payments are processed by Stripe. We never see or store your full card details. Stripe emails you a receipt for every bid.
  • Each bid is added to your café’s total on its city board straight away and stays there. Totals don’t expire and only go up (except as described in sections 6–8).
  • Your rank can change at any moment when another café pays more. We don’t promise any particular rank, how long you’ll hold it, or how many people will see your listing or visit your website.
  • You can only bid on your own café’s listing.

6. Refunds and your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits those rights.

Apart from those rights:

  • We don’t give refunds because you changed your mind, because another café outbid you, or because your rank went down.
  • If you were charged by mistake (for example, charged twice for one bid), tell us within 30 days and we’ll refund the extra charge.
  • If we remove or hide your listing for a reason that isn’t a breach of these terms by you (for example, we close a city board or shut down the service), we will refund the bids you placed in the 30 days before removal [REVIEW: refund period].
  • If we remove your listing because you breached these terms (section 8), we don’t refund bids, except where the Australian Consumer Law requires it.

7. Chargebacks and fraud

If something’s wrong with a payment, please contact us first so we can fix it. If a bid is charged back, reversed or found to be fraudulent, that bid is removed from your total and your rank is recalculated.

8. Reports, moderation and removal

Anyone can report a listing. A person reviews every report. Paying more never affects how a report is handled.

We may hide or remove a listing if:

  • the café doesn’t exist, has closed, or isn’t owned or managed by the account holder;
  • the listing is false, misleading, offensive or unlawful, or infringes someone else’s rights;
  • bids on it are fraudulent or charged back; or
  • we’re required to by law or by our payment provider.

Unless the problem is serious or urgent, we’ll first tell you what’s wrong and give you at least 7 days to fix it. We’ll always tell you why we took action, and you can ask us to review the decision.

9. Links to your website

Links on your listing go to your own website and pages. We count clicks on your website link and show you the count. Because placement is paid, we mark these links as sponsored. We’re not responsible for other websites.

10. Changes

We may change the service or these terms. We’ll give you at least 30 days’ notice by email of any change that materially affects you, and the change won’t apply to bids already placed. If you don’t accept a change, you can close your account before it takes effect [REVIEW: refund on closing for material adverse change].

11. Liability

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law. Where the law allows, our liability for failing to meet a consumer guarantee is limited to supplying the service again or paying the cost of having it supplied again.

Café details such as opening hours, menus and locations come from café owners. We don’t check them and aren’t responsible if they’re wrong.

12. Closing your account

You can close your account at any time by emailing us. Your listing comes off the board. Refunds are as set out in section 6. We keep payment records as required by law (see our Privacy Policy).

13. Complaints and disputes

Email raminau022@gmail.com. We’ll reply within 10 business days and try to sort it out directly. These terms are governed by the law of Western Australia, and the courts of Western Australia can hear any dispute. This doesn’t stop you contacting your state or territory consumer protection agency.

14. Contact

[COMPANY NAME] Pty Ltd · ABN [ABN] · [REGISTERED ADDRESS], Western Australia · raminau022@gmail.com