Terms of use.

Version 1.3 · 12 September 2026 · Nearphyld Technologies Pty Ltd

Summary of key terms

The parts of these terms that most affect you, in plain words. The full terms below apply.

  1. What the service is. Nearphyld shows the status of an order you have paid for at a connected venue, on your phone. The venue makes and sells the order. We pass on its status.
  2. It is free for customers. We never charge you, take payment from you or add anything to your bill.
  3. Nothing to sign up for. There is no account and no age or registration requirement. The service is for anyone with a card and a phone.
  4. The venue is responsible for the order. Refunds, quality, timing and allergy questions are between you and the venue.
  5. Your phone is in your control. Notifications can be turned off in your phone’s settings, and the app or App Clip can be removed, at any time.
  6. Limits on liability. Nothing in these terms affects your non-excludable rights under the Australian Consumer Law. Subject to those rights, our liability is limited as set out in section 10 and we are not liable for indirect or consequential loss.
  7. Privacy. How we handle information is set out in our Privacy policy, which forms part of these terms.

1. These terms

(a) In these Terms of use, “we”, “us” and “our” means Nearphyld Technologies Pty Ltd (ABN 52 697 272 343), a company incorporated in Victoria, Australia. These terms apply to your use of our website at nearphyld.com (“our website”), the Nearphyld App Clip and mobile application (“our app”), and the Nearphyld order-tracking service (the “service”), including our devices at venues and any content we provide (together, the “platform”).

(b) By accessing or using any part of the platform you agree to be bound by these terms. If you do not agree, do not use the platform.

(c) Venues that connect Nearphyld are covered by a separate venue agreement. Where these terms and a venue agreement differ, the venue agreement applies to that venue.

(d) If you use our app through the Apple App Store or Google Play, Apple’s or Google’s own terms for their platforms also apply. Apple and Google are not party to these terms, are not responsible for the platform, and have no maintenance, support or warranty obligation in relation to it. Apple and Google and their subsidiaries are third-party beneficiaries of these terms as they relate to our app obtained through their stores.

(e) We may revise these terms from time to time by publishing the new version on our website with its version number and date. Material changes will also be noted on our Announcements page. Your continued use of the platform after a change means you accept the revised terms.

2. The service

(a) The service shows the status of an order you have paid for at a connected venue, on your phone. It works by pairing a reference for the card you paid with, issued by the payment network, with an address for your phone, issued by Apple or Google, after you hold your phone over our device once.

(b) Status comes from the venue’s own systems. We pass it on. We do not make, sell, control or guarantee the order, its contents, its price or its timing.

(c) The venue is the seller of your order. It remains responsible for your order and your purchase, and any refund, quality, timing, allergy or service complaint is a matter between you and the venue.

(d) Whatever the service shows you about an order, such as a ticket number or a name, is what the venue has already given you. If the service and the venue’s staff ever disagree, the venue’s staff are right.

3. Who can use it

(a) The service is available to anyone who pays at a connected venue with a card and has a phone that supports it. There is no registration, no account and no age requirement.

(b) You are responsible for the phone you use with the service and for anyone you allow to use it.

4. Fees

(a) The service is free for customers. We do not charge you, take payment from you, or add anything to your bill.

(b) Your payment at the counter is made to the venue through its own payment provider, exactly as it would be without us. We are not a party to that payment and do not process it.

5. Acceptable use

In using the platform you must not:

  1. interfere with, damage, move, copy, clone or tamper with our devices;
  2. attempt to open, claim or track an order that is not yours;
  3. probe, scan, scrape, reverse engineer, decompile or attempt to discover the source code of any part of the platform;
  4. overload, disrupt or attempt to gain unauthorised access to the platform or the systems it connects to;
  5. use the platform to send spam or unsolicited communications, or in a way that interferes with any other person’s use of it;
  6. use the platform for any purpose that is unlawful or that breaches these terms; or
  7. use or refer to the platform in developing any competing product or service.

We may block, limit or suspend access that is misused, and we may report unlawful use to the relevant authorities.

6. Your phone and notifications

(a) The service reaches you through notifications delivered by Apple or Google. Whether and when an order appears on your phone depends on your phone, its settings, its connection and the platform provider, none of which we control.

(b) You control notifications. You can turn them off in your phone’s settings, or remove our app or App Clip, at any time. Doing so stops the service for that phone.

(c) If you pay with a new card, the service will not recognise it until you hold your phone over our device once more.

7. Availability, changes and suspension

(a) Nearphyld is a new service and is growing venue by venue. We aim for it to work whenever a connected venue is open, but it depends on the venue’s systems, payment networks, phone platforms, hosting providers and the internet.

(b) We do not guarantee that the platform will be uninterrupted, error-free or available at any particular venue or time, and we do not undertake to keep our app updated on every device.

(c) We may vary, add to, suspend or discontinue any part of the platform at any time, including for security, maintenance, regulatory or operational reasons, or as the service develops. Where a change matters to customers we will say so on our Announcements page.

(d) We may monitor use of the platform to keep it secure and working, but we are not required to do so.

8. Our website

(a) Our website describes Nearphyld and lets venues get in touch. Its content is general information, provided in good faith, and may change without notice. It is not advice and it is not an offer capable of acceptance to form a contract.

(b) Our website may link to other websites and services. We are not responsible for their content, availability or practices, and a link is not an endorsement.

9. Intellectual property

(a) The platform, including the Nearphyld name and mark, our devices, our software, our designs and the content of our website, is owned by Nearphyld Technologies Pty Ltd or its licensors and is protected by copyright, trade mark and other intellectual property laws.

(b) We grant you a limited, non-exclusive, non-transferable licence to use the platform for the purpose of following your own orders and reading our website. Nothing in these terms transfers any intellectual property rights to you or grants any other licence.

(c) Except as permitted by these terms or by law, you must not copy, modify, distribute, sell, sublicense or create derivative works from any part of the platform without our prior written consent.

(d) If you give us feedback, suggestions or ideas about the platform, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate them without any obligation to you.

10. Warranties and liability

(a) The Australian Consumer Law and other laws imply guarantees, warranties, terms and conditions that cannot be excluded, restricted or modified (“non-excludable provisions”). Nothing in these terms excludes, restricts or modifies any non-excludable provision.

(b) Subject to paragraph (a), all guarantees, warranties, representations, terms and conditions that are not expressly set out in these terms are excluded to the maximum extent permitted by law.

(c) Where we are able to limit our liability for breach of a non-excludable provision, our liability is limited, at our option, to supplying the service again or paying the cost of having the service supplied again.

(d) Subject to paragraphs (a) to (c) and to the maximum extent permitted by law, we are not liable to you for any loss or damage arising from or in connection with the platform or these terms, including any loss connected to an order, a missed, delayed or incorrect notification, the acts or omissions of a venue, or the unavailability of the platform, and our total aggregate liability for all claims is limited to AUD 100.

(e) Subject to paragraph (a) and to the maximum extent permitted by law, we are not liable for any indirect, consequential, special or incidental loss, or for any loss of profit, revenue, goodwill, anticipated savings or data, however arising.

(f) Our liability is reduced to the extent that your acts or omissions, or those of a third party including a venue, cause or contribute to the loss.

(g) These exclusions and limitations apply whether the liability arises in contract, tort (including negligence), under statute or otherwise.

11. Privacy

Our Privacy policy explains what the platform handles, why, how long it is kept and who sees it. It forms part of these terms. By using the platform you agree to the handling of information described in it.

12. Events beyond our control

We are not liable for any failure or delay in providing the platform caused by circumstances beyond our reasonable control, including failures of payment networks, phone platforms, hosting providers, telecommunications or the internet, and the acts or omissions of venues.

13. General

(a) If any part of these terms is held to be unenforceable, that part is to be given effect to the greatest extent possible and the remainder continues in full force.

(b) These terms, together with the Privacy policy, are the entire agreement between you and us in relation to the platform and supersede all prior communications on the subject, without limiting any liability that cannot be excluded for representations made under the Australian Consumer Law.

(c) You may not assign or transfer your rights under these terms. We may assign or transfer ours to a successor of the business.

(d) No delay or failure by us to enforce any right under these terms is a waiver of that or any other right.

(e) Provisions of these terms that by their nature survive termination continue to apply after you stop using the platform.

(f) You agree that we may communicate with you electronically, including through notifications and our website.

(g) The word “including” is not a term of limitation.

14. Governing law

These terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria.

15. Contact

Questions about these terms: hello@nearphyld.com. Nearphyld Technologies Pty Ltd (ABN 52 697 272 343), Melbourne, Victoria, Australia.