Terms & Conditions – Planet Smoothie Australia App

By using the Planet Smoothie Australia App ("the App"), you agree to the following terms and conditions:

1. Account Responsibility

You are solely responsible for maintaining the confidentiality of your personal details, password, and payment information. You agree to accept full responsibility for all activities that occur under your account.

2. Planet Smoothie's Rights

Planet Smoothie Australia Pty Ltd ("Planet Smoothie") reserves the right to refuse service, terminate your access to the App, remove or edit any content, or cancel your order(s) at its sole discretion and without prior notice.

3. App Functionality and Availability

Planet Smoothie makes no warranties or representations regarding the App's functionality, including but not limited to:

• Availability: Planet Smoothie does not guarantee uninterrupted access to the App or the availability of specific features.
• Errors: Planet Smoothie does not guarantee that the App will be error-free or that any errors will be corrected.
• Viruses: Planet Smoothie does not guarantee that the App will be free from viruses or other harmful components.
• Pricing: Planet Smoothie reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error, or malicious attack.

4. Franchisee Relationship

• Agency: Planet Smoothie acts as an agent for franchised Planet Smoothie stores from which you order products or services.
• Payment Processing: Planet Smoothie collects and processes online payments on behalf of the franchised stores and remits the amount to the relevant store.
• Franchisee Contract: You acknowledge that your contract for goods and services is with the individual franchised Planet Smoothie store from which you order, not with Planet Smoothie Australia Pty Ltd (except where you order from a corporate-owned store). Therefore, you have no claim against Planet Smoothie Australia Pty Ltd for issues related to your order (except where you order from a corporate-owned store).

5. Data Collection

You agree that the App provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals. This information is gathered periodically to facilitate software updates, product support, and other services related to the App.  

6. Indemnification

You agree to indemnify and hold harmless Planet Smoothie Australia Pty Ltd from and against any and all claims, losses, liabilities, damages, costs, and expenses (including attorney's fees) arising out of or relating to:

• Your use of the App
• Your violation of these Terms & Conditions
• Your violation of any rights of another party
• Any failure of the online ordering system

7. Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of Victoria, Australia.

8. Changes to Terms & Conditions

Planet Smoothie reserves the right to modify these Terms & Conditions at any time. Continued use of the App following the posting of any changes constitutes acceptance of those changes.

9. Contact Information

If you have any questions about these Terms & Conditions, please contact Planet Smoothie Australia Pty Ltd at: #24/12, 401 Docklands Dr. Vic 3008