Terms and conditions

In these Terms:

HawaPay

means the operator of HawaPay's solution.

HawaPay's solution

means the ordering and payment solution described in these Terms.

Venue

means a restaurant, cafe, bar, or hotel dining business that uses HawaPay's solution for its tables, rooms, or checks.

Guest

means a person who views a bill, places an order, or makes a payment through HawaPay's solution.

You

means the Guest or the member of the Venue's staff who uses HawaPay's solution.

Payment Provider

means the bank, card scheme, wallet, or other provider that processes a payment and settles it to the Venue.

Bill

means the open check that the Venue sends to HawaPay's solution for a table, a room, or a check.

Site

means hawapay.com.

By scanning a code, opening a Bill, placing an order, or submitting a payment, you agree to these Terms. If you do not agree, do not use HawaPay's solution.

A Guest may open a Bill and pay it in a phone browser. An account is not required.

These Terms are the agreement for the use of HawaPay's solution. They are not the agreement between the Guest and the Venue for the meal, and they are not the agreement between the payer and the Payment Provider for the card or wallet payment.

HawaPay's solution displays the Venue's menu and the Venue's Bill, takes an order where the screen offers ordering, and transmits a payment instruction for that Bill to the Payment Provider.

The Payment Provider processes the payment. HawaPay is not the issuer of the card. HawaPay does not hold the Guest's funds.

The Venue is the seller of the food, drink, and hospitality. The name of the Venue on the screen is the payee of the meal.

The Guest opens HawaPay's solution by scanning the code or tapping the mark at the table, or the Venue's staff open the Bill for the Guest.

The menu, the prices, the descriptions, the allergen information, and the availability of an item are supplied by the Venue. HawaPay displays them as supplied. The Venue may change a price or withdraw an item before the order is accepted.

Where the screen allows an order, the order is an offer to the Venue. The Venue may accept or decline it. Acceptance of an order is the Venue's act.

The Bill is the Bill then open with the Venue for that table, room, or check. It changes when the Venue changes it. HawaPay does not amend the Bill and does not add items to it.

Before confirming a payment, you must check the Venue's name, the table or the Bill, and the amount. If the Bill does not match the order, you should not pay, and the Guest should raise it with the Venue's staff.

Where the screen allows it, a Guest may pay the whole Bill, the items selected, an equal share, or a stated amount.

A Guest authorises only the amount that Guest confirms, including any tip that Guest adds. Payment of one share does not discharge any other share. The unpaid balance remains owing to the Venue.

A tip may be added only where the screen provides for a tip. A tip forms part of the amount confirmed and is payable to the Venue. Distribution of tips among staff is a matter for the Venue.

Payment is made to the Venue, by card or wallet, in the amount shown before confirmation.

Confirmation is an instruction to the Payment Provider to debit that payment method and to pay the Venue.

Card data entered for a payment is transmitted to the Payment Provider over an encrypted connection. HawaPay does not store the full card number, the card security code, or the PIN.

By using HawaPay's solution you represent that you are authorised to use the card or other payment method submitted, and that:

1. (a)the cardholder has authorised the payment, for the amount shown, to the Venue named, for the Bill displayed, before submission;
2. (b)the Bill displayed is the Bill intended to be paid;
3. (c)any email address or telephone number given for a receipt is accurate;
4. (d)the card is not lost, stolen, or cancelled, and you are permitted to present it.

Where Venue staff submit the payment, the Venue represents that the Guest gave the authority in clause 5.4 for that amount and for that Venue, and that the amount entered is the amount the Guest agreed.

Submission of a payment is authority to charge the payment method for the amount confirmed, in favour of that Venue.

The Payment Provider collects the funds from the Guest's payment method and pays the Venue under the Provider's arrangement with the Venue.

HawaPay does not hold those funds and does not set the date on which the Venue receives them.

A payment accepted by the Payment Provider is a payment to the Venue. A payment refused by the Payment Provider is not a payment to the Venue. A reversal or chargeback is dealt with under the Payment Provider's rules.

The payment record states the Venue, the amount, and whether the Payment Provider accepted the payment.

Where a Guest requests a receipt, HawaPay will send a digital receipt to the email address or telephone number given.

The receipt identifies the Venue and the amount paid, including any tip and any fee shown on that payment. It is a record of the payment. It is a tax invoice for the meal only if the Venue issues it as one.

The Venue is responsible for the food and drink, the price, the description, and the service of the meal. A complaint about an order, a missing item, quality, or service is to be made to the Venue.

An offer or discount shown on the Bill applies if the Bill is paid through HawaPay's solution and if the conditions shown before confirmation are met. The Venue may withdraw an offer before payment.

A refund of a payment made at a Venue must be requested from the staff of that Venue.

The Venue determines whether its Bill is to be refunded and, where a refund is due, requests the Payment Provider to return the funds.

HawaPay does not hold a balance from which a refund is paid, and HawaPay does not undertake that the Payment Provider will reverse a payment.

HawaPay is not liable for a transaction that is incorrect because of inaccurate entry of an amount, an item, or any other detail, or for loss of data caused by circumstances beyond HawaPay's control.

HawaPay accepts no responsibility for refusal or reversal of a payment. Refusal or reversal is a matter between the payer, the card issuer or wallet provider, and the Venue.

HawaPay is not liable for a payment made at a Venue with a fraudulent payment method.

If a payment does not complete, the Bill remains payable to the Venue. If a payment is reversed or charged back, the Venue is liable to the Payment Provider for the amount claimed back.

You must not use HawaPay's solution for any unauthorised or unlawful purpose, to test cards, to conceal the identity of the Venue, or to submit a payment that the cardholder has not authorised.

HawaPay may charge a fee for HawaPay's solution, including for display of the menu, checkout, splitting a Bill, and issue of a digital receipt.

Any fee charged by HawaPay is shown as a separate figure from the Venue's prices before you confirm. If no fee is shown, no fee is payable to HawaPay. Confirmation authorises the fee then shown.

A fee of a Payment Provider, card scheme, or bank is that party's fee.

The Venue must keep its login credentials confidential and is responsible for Bills and payments submitted under its account until it notifies HawaPay that the credentials are compromised.

The Venue must give its true business name. That name is displayed to the Guest.

The Venue is responsible for the menu, prices, items, and open Bills it submits, for orders its staff accept, and for the state of each table once a payment has been made.

HawaPay may suspend or end the Venue's access if these Terms are breached or if a Payment Provider so requires. Where it can do so without defeating the purpose of the suspension, HawaPay will give notice. Suspension does not reverse a payment the Payment Provider has accepted, and it does not extinguish the Guest's Bill with the Venue.

HawaPay collects information you provide and information generated by use of HawaPay's solution.

Information you provide may include your name, email address, and telephone number, where you choose to provide them, including for a receipt. Information generated by use may include the Venue, the table, the Bill viewed, the amount paid, the time, the language selected, and the device and browser used.

HawaPay uses that information to display the Bill, transmit an order to the Venue, transmit a payment instruction to the Payment Provider, send a receipt, keep a record of the payment, protect HawaPay's solution, and comply with law. HawaPay may send a message about a payment you have made. HawaPay does not sell personal information.

A cookie may store the open Bill and the selected language for the duration of the payment.

You may request access to personal information HawaPay holds about you, request correction, or request removal of your name from a receipt list, by writing to [email protected]. The Venue and the Payment Provider retain their own records.

HawaPay restricts access to personal information it holds. Card data is transmitted to the Payment Provider using encryption. HawaPay deletes receipt details when they are no longer required for the payment record, unless a longer period is required by law.

HawaPay's solution is provided as it stands. HawaPay does not warrant that it will be uninterrupted or error free, that a Bill will include the last item ordered at the table, or that a Payment Provider will authorise a particular card.

To the maximum extent permitted by law, HawaPay is not liable for indirect or consequential loss, loss of profit, loss of goodwill, or loss of data, whether or not such loss was contemplated.

To the maximum extent permitted by law, HawaPay's total liability to you arising out of HawaPay's solution in any twelve-month period is limited to the fees you paid to HawaPay under clause 11 in the three months before the claim. If you paid no such fees, that limit is USD 275.

Clause 14.3 does not limit liability for fraud, for death or personal injury caused by negligence, or for any liability that applicable law does not allow to be limited.

Clauses 10.1 to 10.3 apply within clause 14.3. They allocate refusal, reversal, inaccurate entry, and a fraudulent payment method at the Venue away from HawaPay. They do not increase the limit in clause 14.3.

You are liable to HawaPay for loss it suffers because you submitted a payment you were not authorised to submit, or because you used HawaPay's solution for an unlawful purpose. Clause 14.6 is not subject to the limit in clause 14.3. It includes reasonable legal fees.

Nothing in these Terms makes HawaPay a party to the sale of the meal or a party to the contract between the payer and the card issuer.

HawaPay may amend these Terms by posting the amended text on the Site. The date at the top of these Terms is the date of the text then in force.

If you continue to use HawaPay's solution after that date, you accept the amended Terms. If you do not accept them, you must stop using HawaPay's solution.

A change to a Venue's prices, or to a Payment Provider's fee, is that party's change and is displayed on the Bill before the payment to which it applies is confirmed.

If any provision of these Terms is held to be unenforceable, the remaining provisions continue in effect.

A failure or delay in enforcing a provision is not a waiver of it.

These Terms are between you and HawaPay. The Venue and the Payment Provider are not parties to these Terms, except that a Venue which uses HawaPay's solution is bound by the provisions that apply to a Venue.

Notices to HawaPay under these Terms must be sent to [email protected].

A question about an order, a Bill, a price, a meal, or a refund is to be directed to the staff of the Venue at which the payment was made.

A question about refusal of a card or a wallet is to be directed to the issuer of that card or the provider of that wallet.