CellarHive is supplied by DMC STACK PTY LTD (ACN 698 042 027, ABN 99 698 042 027), an Australian company based in Western Australia and registered for GST. In these terms "we" and "us" mean DMC STACK PTY LTD. "You" means the venue's business that uses CellarHive, and the people who use it for that venue.
By creating an account or using CellarHive you agree to these terms. If you are agreeing for a venue or business, you confirm you are allowed to bind it.
Contact: hello@cellarhive.au
CellarHive lets a licensed venue run its menu and prices, publish them to Beer Me (our app for drinkers) and to its own public pages, and advertise to drinkers on Beer Me.
What you have is what appears in your account. Nothing on our website or in a conversation is a promise to deliver a feature by a date. Don't pay for anything because of a feature you can't see in your account today.
5.1 Free. Every venue gets its menu on Beer Me and 3 public pages free: Food, Drinks and Specials.
5.2 Paid extras. You can buy Extra Pages, which unlock more public pages, and Beer Me advertising. What each includes, and its current price, is shown in your account and at checkout. We don't repeat prices here, so this document can't contradict them. Extras are per venue.
5.3 Prices include GST. The price shown is the price you pay. Every invoice is an Australian tax invoice showing our ABN and the GST.
5.4 Billed to the venue's business. Before you buy, the venue's owner gives the venue's legal name, ABN, billing email and billing address. We check the ABN on the Australian Business Register. Invoices are addressed to that business, and each venue is billed separately.
5.5 Paid in advance. Extra Pages is billed in advance every 3 months and renews automatically until cancelled. Advertising is paid for the period you choose when you buy it. Payments are processed by Stripe; we don't store your card details. Only a venue owner can change the venue's billing.
5.6 Cancelling. Cancelling Extra Pages takes effect at the end of your current billing period. You keep what you've paid for until then. Except as set out in 5.7 and section 10, we don't refund or credit any part of a period you have paid for.
5.7 Price and feature changes. If we change a price, we'll tell you before it takes effect and you can cancel if you don't accept it. If we stop providing something you've paid for, or make a change that materially reduces it, we'll refund the part of your current period that we didn't provide.
5.8 Late payment. If a payment fails, Extra Pages carries on for a short grace period while you fix it. After that the extra pages stop being shown. Your free pages are not affected.
You can send us ideas and bug reports from inside CellarHive. We read them, but we don't promise to act on any idea or to build a feature because it was suggested. If we use an idea, we don't owe you anything for it.
7.1 Beer Me. Your CellarHive menu, prices and photos are published to your Beer Me listing, where drinkers can see them. That's what the listing is for. Beer Me can also show information from other sources, such as prices reported by drinkers. We may decide how listings are shown, and may hide or correct information we reasonably believe is wrong or breaks the law.
7.2 Your public pages are served on a cellarhive.au address and, if you set one up, on your own domain. You are responsible for your domain and its DNS. If you add your own Google Analytics measurement ID, that analytics is yours: your relationship with Google and your duty to tell your visitors. We only load the tag you supply.
7.3 Beer Me advertising. Ads you buy are priced in the app, include GST, and come with a tax invoice addressed to the venue's business. Ads must follow the law and our ad rules, including responsible-service and liquor-promotion rules (see 7.4 for Queensland venues). We may refuse, change the placement of, or remove an ad that doesn't.
7.4 Queensland venues. Queensland liquor law restricts a licensee advertising drinks at less than the price it normally charges, with happy hours as the law's own example, and that includes advertising online (Liquor Act 1992 (Qld) s 142ZZC). So for a venue in Queensland, CellarHive and Beer Me don't record or show happy hours, happy-hour prices, or discounted-drink promotions and events. Those options aren't available for a Queensland venue, and anything saved before this applied isn't shown publicly. We work out a venue's state from its address. If we have it wrong, tell us and we'll correct it. What you write yourself, including your Specials page and descriptions, is still yours to keep within the law (see section 8).
You keep ownership of everything you put into CellarHive: menus, prices, descriptions, images, venue details and page content. You give us the permission we need to host it, process it, and show it publicly where you publish it, including on Beer Me.
You are responsible for the accuracy and lawfulness of what you publish. In particular:
Don't publish anything unlawful, misleading, defamatory or infringing. We may remove content or stop publishing it where we reasonably believe it is any of those.
Don't use CellarHive to break the law, upload malicious code, try to reach another venue's data, probe or attack the platform, scrape it, or resell it as your own without our written agreement. Automated access outside our published interfaces isn't allowed.
Our services come with guarantees that can't be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees, or any other right you have that can't lawfully be excluded. This applies to small business customers as well as consumers, where the law says it does. That includes section 5 (billing and refunds) and section 11.
For a major failure you are entitled to cancel, to a refund for the unused portion, and to compensation for other reasonably foreseeable loss. For a failure that isn't major, you are entitled to have it fixed within a reasonable time, and to cancel and get a refund if it isn't.
We aim to keep CellarHive available, but we don't promise it will run without interruption or errors. We may take it down for maintenance and may change or remove features (see 5.7).
Subject to section 10, and to the extent the law allows:
Keep your own copies of anything you wouldn't want to lose.
How we collect, use, store and destroy information, and how to close an account, is set out in our Privacy Policy, which forms part of your agreement with us.
You may stop using CellarHive and close your account at any time by emailing hello@cellarhive.au (see the Privacy Policy for what is destroyed and what the law requires us to keep).
We may suspend or end your access, or a venue's listing, if you materially break these terms or if the law requires it. Where it's reasonable, we'll tell you first and give you a chance to fix the problem.
We may update these terms. If a change is material, we'll give you reasonable notice in the app or by email before it takes effect. If you keep using CellarHive after that, you accept the change. The date at the top shows when this page last changed.
These terms are governed by the law of Western Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts that hear appeals from them.
hello@cellarhive.au DMC STACK PTY LTD, ACN 698 042 027, ABN 99 698 042 027, Western Australia.