Terms of Service Australia

Last updated 9th September 2026

1. Agreement to These Terms

These Terms of Use and Sale ("Terms") govern your (also "you", "your" or "Customer") access to and use of the Waffle website at wafflekids.co and related sites (the "Site"), the Waffle Parent Hub application (the "App"), our Waffle Home and Waffle Go devices and accessories (each a "Device"), and the calling, messaging, location and subscription services we provide (the "Services"). In these Terms, "Products and Services" means the Site, App, Devices and Services, together with all related content.

The Waffle brand, the Devices and the underlying technology are owned and manufactured by Just Waffle Pte Ltd (Singapore company UEN 202616631D), which holds the underlying intellectual property. In Australia, the Waffle brand is used under licence by Beta Brands Pty Ltd (ABN 97 653 901 494), the Australian licensee of Waffle and the importer of record for Devices supplied in Australia. Your Agreement (as defined below) is with Beta Brands Pty Ltd, which supplies the Products and Services to you and processes payments (including subscription payments) for your order. In these Terms, "Waffle", "we", "us" and "our" mean Beta Brands Pty Ltd and, in respect of the intellectual property and the manufacture of the Devices, Just Waffle Pte Ltd, together with their respective affiliates.

By accessing or using any part of the Products and Services, creating an account, placing a pre-order or order, or clicking to accept these Terms, you agree to be bound by these Terms, our Acceptable Use terms in Section 10, our Emergency Calling terms in Section 9, our Privacy Policy and our Refund Policy, each incorporated by reference and as amended from time to time. These Terms, the orders you place, and the policies incorporated by reference are together the "Agreement". If you do not agree, do not use the Products and Services. If you are accepting on behalf of a child in your care, you additionally agree to the terms in Sections 4, 5 and 6. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot be excluded.

2. Definitions

  • "Account" means the Waffle Parent Hub account through which a Device and the Services are configured and managed.
  • "Agreement" has the meaning given in Section 1.
  • "Australian Consumer Law" or "ACL" means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and equivalent State and Territory legislation.
  • "Child User" means a person under 18 who uses a Device or the Services under the supervision of an Account holder. Devices are designed with primary-school-aged children in mind.
  • "Consumer" has the meaning given under the Australian Consumer Law.
  • "Content" means information, text, images, designs, software, firmware and other materials made available through the Products and Services.
  • "Product Information" means the descriptions, images, features, specifications, prices and offers we publish about the Products and Services.
  • "Third-Party Content" and "Third-Party Services" mean content, software, networks and services provided by parties other than Waffle that are made available through, or that the Products and Services rely on.
  • "Users" means you and any person you authorise to use the Services under your Account.
  • "You" and "your" mean the individual who accesses the Products and Services or, where an adult accepts on behalf of a Child User, that adult.

3. Our Products and Services

Waffle makes screen-free communication devices for children. The Waffle Home is a Wi-Fi calling device designed to sit in the home; the Waffle Go is a portable device with cellular calling and location features. Our Services include the Waffle Hub App, through which an adult sets up and manages a Device; voice calling and voice-note messaging between approved contacts; for the Waffle Go, location and geofencing features; and Free and Paid subscription plans.

The Products and Services are under active development. The features, specifications, plans and availability we describe are indicative and may change before and after release, as described in Sections 7 and 8.

4. Eligibility, Permitted Use and Availability

To purchase a Device or to subscribe to the Services, hold an Account, or accept these Terms, you must be at least 18 years of age (or the age of legal majority where you live) and able to form a legally binding contract.

Supervised use by minors. Users under 18 years of age (or the age of legal majority where the user lives) may use the Products and Services only under the supervision of a parent or legal guardian who has accepted these Terms and who is responsible for that use. The Account holder must be a parent or legal guardian of the Child User, or an adult authorised by them, and is responsible for configuring parental controls, approved contacts and settings and for supervising the Child User's use.

Personal, non-commercial use. The Products and Services are provided for your personal, non-commercial use only. You may not use them for any commercial purpose, or rent, lease, resell (except resale of a genuine, unmodified Device as permitted in Section 11), or otherwise commercially exploit them, except as we expressly permit in writing.

Availability. The Products and Services are intended for use in Australia. Some features, including calling and emergency calling, are country-specific and may be unavailable or impaired if a Device is used elsewhere. If you take a Device overseas, you are responsible for compliance with the laws that apply there.

You represent that you are not located in, resident in, or a national of any country or region subject to comprehensive sanctions, that you are not on any restricted-party or denied-party list, and that you will not use the Products and Services for any prohibited end-use. We may, to the extent permitted by law, refuse service, restrict access, limit quantities, or decline or cancel any order or Account where we reasonably suspect fraud, breach, or a legal or safety risk. Nothing in this Section limits your rights under the Australian Consumer Law.

5. Accounts

To configure a Device you must create an Account in the Waffle Parent Hub. You agree to provide accurate, current and complete information and to keep it up to date, including the service address described in Section 9.

You are responsible for safeguarding your Account credentials and for all activity under your Account, except to the extent caused by our failure to maintain reasonable security, and you must notify us promptly of any unauthorised use. As the Account holder you are responsible for the Child User's use of the Device and Services. We may suspend or terminate your Account or access to any part of the Products and Services, with or without notice, where you materially breach these Terms, where required by law, or where continued provision would create a security, legal or safety risk. Suspension or termination of the Site or App does not by itself disable emergency-calling capability on a Device where that capability is required by law to remain available. Provisions intended to survive termination will survive.

6. Your Information

Our collection, use and disclosure of personal information is governed by our Privacy Policy, which you should read. By using the Products and Services you consent to those practices. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Because Devices are used by children, we rely on you, as the Account holder, to provide any consent required for the collection and use of a Child User's information; you represent that you are the parent or legal guardian of the Child User, or are authorised by them, and consent on their behalf.

You consent to receive communications relating to your Account, orders, the Services and safety or emergency matters. Certain safety and emergency notifications (including those described in Section 9) form part of the Service and cannot be disabled. You are responsible for the accuracy of the information you provide, including the registered service address, and acknowledge that inaccurate information may impair emergency calling.

Information about your telecommunications service. In providing calling and interconnected voice services, we collect and hold information about the services you use, how you use them (for example, call records) and related billing information. We handle this information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), and Part 13 of the Telecommunications Act 1997 (Cth), which restricts the use and disclosure of certain telecommunications information. We use it to provide, bill and support your Services, and otherwise as permitted or required by law. You may opt out of direct marketing from us at any time using the unsubscribe facility in our messages or by contacting support@wafflekids.co; some service and safety communications cannot be opted out of.

7. Product Information

We publish information about our products and services on the Site and in the App, including descriptions, images, features, specifications, pricing and promotional offers ("Product Information"). Product Information is provided to help you learn about what we offer. We take care to keep it accurate and current, but it may contain errors, omissions or out-of-date details, and we do not guarantee that any Product Information is complete, accurate or reliable.

We may correct errors, update details, and add, change, limit or withdraw products, features, prices, availability and offers at any time without notice. Images and colours are shown for illustration only; how a product looks on your screen depends on your device and display and may differ from the physical item. If a product you ordered was described or priced incorrectly, we may decline or cancel the affected order and refund you, as described in Section 8. Nothing in this Section excludes or limits any right or remedy you have under the Australian Consumer Law or other law that cannot be excluded.

8. Terms of Sale or Licence

8.1 Application

This Section applies to your purchase of Devices and subscription to Services (including subscriptions) through the Site or App, and to purchases made through an authorised retailer to the extent stated. On our acceptance of an order and your acceptance of the Agreement, and subject to the Agreement, we grant you and the Users under your Account a limited, non-transferable, non-sub licensable licence to use the Services you order during your subscription term for their ordinary intended purposes. Nothing in this Section excludes, restricts or modifies any Consumer guarantee or right that cannot lawfully be excluded (see Sections 8.11 and 14).

8.2 Pre-orders and deposits

A refundable deposit (currently the local-currency equivalent of about A$30, which we may revise from time to time) may be required to secure a pre-order and lock in pre-order pricing. Deposits are fully refundable at any time before the Device ships, in accordance with the Refund Policy. A pre-order does not guarantee availability, final specifications, features or pricing, all of which may change, and estimated ship windows are estimates only.

8.3 Prices and taxes

Prices are shown in Australian dollars and include GST where applicable; shipping and handling are added at checkout where applicable. We may change the prices of our Products and Services at any time before we accept your order. Nothing in this clause limits your rights under the Australian Consumer Law.

8.4 Regulatory fees

Our prices are generally inclusive of any levies, surcharges, contributions or other amounts associated with regulatory programs that apply to the Services. We may adjust our plans to recover costs imposed on us by government or regulatory authorities, or our reasonable costs of regulatory compliance, on reasonable notice to you. Nothing in this clause limits your rights under the Australian Consumer Law.

8.5 Orders, acceptance and our right to delay, refuse or cancel

Your order is an offer to purchase. A binding contract is formed only when we accept your order, which we may do by dispatching the Device or sending a confirmation. We may reject any order in whole or in part. We may hold, delay or cancel any accepted order, in whole or in part, for any reasonable cause — including to complete manufacturing, testing, certification, safety and quality-control checks, to manage supply, or where we suspect fraud, error or a breach of these Terms. Because we are making a product for children, we prioritise quality and safety over speed; any delivery date we give is an estimate only and is not guaranteed. Where delivery will be delayed beyond an estimated date, we will use commercially reasonable efforts to resolve it as efficiently as we reasonably can and to keep you informed. Where an obvious pricing or description error occurs, we are not obliged to supply on the incorrect terms and will notify you and give you a reasonable opportunity to cancel the order and receive a refund of any amount paid. Nothing in this Section limits your rights under the Australian Consumer Law.

8.6 Payment

Payments for your order and your subscription are processed by Beta Brands Pty Ltd, or by its third-party payment processors on its behalf. You authorise us and our third-party payment processors to charge your selected payment method for amounts due, including deposits, order balances, recurring subscription fees, and applicable taxes and charges, in accordance with the plan you selected. You represent that you are authorised to use the payment method and to authorise recurring charges, and you agree to keep your payment details current. We do not store full payment-card details; payments are processed by third parties subject to their terms. We may require credit approval before providing Products or Services. If a payment is overdue, rejected, returned or dishonoured, we may suspend the affected Services until all overdue amounts are paid, and, to the extent permitted by law, you are responsible for the reasonable costs we incur in recovering overdue amounts. Except where you have rights under the Australian Consumer Law or other law that cannot be excluded, please raise any dispute about a charge with us within a reasonable time so we can investigate it. Nothing in this clause limits your rights under the Australian Consumer Law.

8.7 Subscriptions, free trial and automatic renewal

Certain Services are offered on Free and Paid plans. Paid plans may be offered on a monthly or an annual (yearly) basis, depending on the plan you choose. Monthly plans are billed each month and renew monthly; annual plans are billed once in advance for the year and renew for successive annual periods. All plans renew automatically unless cancelled; we may decline to renew a subscription, or modify, update or discontinue a plan, by giving you at least 30 days' notice.

Where you start a free trial (for example, a 10-day trial of a Paid plan), your subscription will automatically convert to a paid, recurring subscription at the end of the trial unless you cancel before it ends. Paid subscriptions are billed in advance and automatically renew for successive billing periods (monthly or annual, as applicable) until cancelled. You may cancel at any time through the App or by contacting us; cancellation takes effect at the end of the current billing period, and access continues until the end of the paid period.

We may change the prices of our services and subscription plans at any time. For existing subscribers, a price change takes effect from the next billing period (monthly or annual, as applicable) after we give you reasonable notice. Nothing in this clause limits your rights under the Australian Consumer Law.

8.8 Shipping, delivery details, risk and title

You are responsible for providing accurate and complete delivery and contact details. We are not responsible for delayed, failed or misdirected delivery caused by incorrect or incomplete details you provide, and additional charges may apply to re-ship an order returned to us for that reason. Risk of loss and title pass to you on delivery of the Device to the delivery address you specify. Delivery time frames are estimates.

8.9 Purchases through authorised retailers

You may buy Devices from authorised retailers as well as from us directly. If you buy from a retailer, your purchase (including returns and change-of-mind refunds) is governed by that retailer's terms, and you should direct return requests to them. These Terms still govern your use of the Device, App and Services however the Device was purchased, and your Consumer guarantees under the Australian Consumer Law apply regardless of where you bought the Device.

8.10 Cancellations, returns and refunds

Cancellations, returns and refunds are governed by our Refund Policy. Your statutory rights as a Consumer are in addition to, and are not limited by, that policy or these Terms.

8.11 Consumer guarantees (Australian Consumer Law)

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with a service, you may cancel your service contract and obtain a refund for the unused portion, or compensation for its reduced value, and you are entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure is not major, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel and obtain a refund for the unused portion. For goods, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage, and to have goods repaired or replaced if they are not of acceptable quality and the failure is not major.

8.12 Limited hardware warranty

In addition to your rights under the Australian Consumer Law, we voluntarily warrant that each new Device will be free from defects in materials and workmanship under normal use for 12 months from the date of delivery (the "Warranty Period"). If a Device proves defective during the Warranty Period, we will, at our option and as your remedy under this voluntary warranty, repair the Device, replace it, or refund the price paid. This warranty does not cover damage caused by accident, misuse, liquid, unauthorised modification or repair, normal wear, or use contrary to these Terms or the documentation provided with the Device, and does not cover consumable parts or a Device whose serial number or markings have been altered or removed. To make a claim, contact us at hello@wafflekids.co with proof of purchase. This voluntary warranty is in addition to, and does not exclude, restrict or limit, your rights under the Australian Consumer Law; where those rights give you more, those rights prevail.

8.13 International calling

International calling is available to a limited set of destination countries listed, and at the rates set out, in our International Services Rate Sheet as updated from time to time. International calls under your Account may be subject to a fair-use limit (currently 120 minutes per month).

8.14 Numbering

If your Service Plan includes it, we may assign telephone numbers to the approved contacts and Child Users under your Account. Apart from any right you have under law to transfer ("port") a number to or from another provider, you do not own and cannot acquire any proprietary right in a number we assign to you. We may require written authorisation to port a number to or from us. When you port a number to us, you remain responsible for any charges and early-termination fees owed to your previous provider up to deactivation, which we will not reimburse. To port a number out to another provider, contact us at hello@wafflekids.co [confirm port-out process]. To the extent permitted by law, we may charge a port-out fee of A$10 per number, payable when you request the port-out. Number assignment and portability are subject to the Telecommunications Numbering Plan and applicable ACMA rules.

9. Emergency Calling

This is an important section. Please read it carefully. By accepting these Terms, you confirm that you have read, understand and agree to this Section 9. Waffle is a supplementary communication device and is not a replacement for a traditional telephone line, a mobile phone, or a monitored medical, security or personal-alert service. You should always keep an alternative means of contacting emergency services available. Emergency calling from a Device works differently from, and is not equivalent to, emergency calling on a traditional landline or a standard mobile phone.

9.1 The Services depend on internet, data and power

The Services are provided over the public internet and third-party data networks. The Waffle Home makes calls over your Wi-Fi and internet connection; the Waffle Go makes calls over a third-party cellular-data network. All calling, including emergency calling, depends on an adequate internet or cellular-data connection, sufficient device and network power, and third-party networks, carriers and service providers, none of which we own or control. We provide the Services on a "commercially reasonable efforts" basis and do not guarantee that the Services, or emergency calling, will be available, uninterrupted or fault-free.

9.2 How emergency calling works

Waffle Home and Waffle Go can call Triple Zero (000). Emergency calling to Triple Zero (000) is enabled by default, cannot be disabled, and bypasses parent-set restrictions. You must register the Device's physical service address during setup and keep it current in the App.

9.3 Your registered service address

For each Device, you must provide and keep current an accurate physical address, including, if applicable, apartment/unit number and/or floor, where the Device is normally used (its "Registered Address"), and you must promptly update it in the App whenever a Device is moved, even temporarily. Emergency calls, and the location information made available to responders, are based on the Registered Address. Your Registered Address cannot be a PO Box. If it is missing, inaccurate or out of date, emergency responders may be dispatched to the wrong place or a call may not reach the correct emergency centre. After you update a Registered Address, there may be a short delay before the change takes effect for emergency-call routing. You are responsible for keeping the Registered Address correct for every User of a Device, and for informing all Users, including Child Users, of the limitations on Triple Zero (000) calling and the importance of keeping the Registered Address up to date.

9.4 Our reliance on third parties

We do not operate the emergency-call network ourselves. Emergency calls from a Device are carried over our third-party network and communications service providers and are routed and answered by parties we do not control. Calls to Triple Zero (000) are carried by our communications service providers to Telstra's emergency call service, which operates the national emergency call service and connects callers to the relevant emergency-service organisation. Because these functions depend on your internet or data connection, power, and third parties — all outside our control — we cannot guarantee that an emergency call will connect, transmit an accurate location, or reach the emergency centre serving your current location.

9.5 Limitations and outages

Emergency calling may be unavailable, delayed, interrupted or misrouted, and in particular may not work: if your internet, data or power fails or is inadequate; if a network is congested, unavailable or undergoing maintenance; if the Registered Address is missing, inaccurate or out of date; if a Device is used away from its Registered Address; if the Device is not charged; if your Account is suspended or terminated for any reason; or if your mobile, Wi-Fi or internet service is unavailable or has been suspended or terminated for any reason, including for non-payment to that provider. Internet- and data-based emergency calls may not transmit the caller's location or reach the emergency centre serving the caller's current location. The Waffle Home has no cellular fallback and cannot call emergency services if your Wi-Fi or internet is down. You are responsible for maintaining a means of backup power and a separate, working means of contacting emergency services (such as a mobile phone) for use whenever the Services are unavailable. When an emergency call connects, the App notifies the Account holder in parallel so that the notification never delays the call.

9.6 Your acknowledgement

You acknowledge the limitations of internet- and data-based emergency calling described in this Section, and you agree to inform any Child User and any other person who may use a Device about them. The disclaimer of warranties in Section 14 applies to emergency calling to the extent permitted by law. To the extent permitted by law, and subject to your rights that cannot be excluded, we are not liable for the failure, delay, interruption or incorrect routing of an emergency call, or the provision or non-provision of emergency services, caused by third-party networks, power or internet failure, an inaccurate Registered Address, or other causes outside our reasonable control. Nothing in this Section excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded, and it does not limit our obligations as a supplier of a carriage or communications service under Australian law.

10. Acceptable Use

You agree that the Services are provided solely for your and your Users' legitimate personal communication needs, and you will take reasonable steps to ensure that anyone using the Services under your Account does not use them for any other purpose. You agree not to, and not to permit any Child User or other person to, use any part of the Products and Services to:

  • breach any law, infringe any third-party right, or engage in fraudulent, harassing, abusive, threatening, defamatory or otherwise objectionable conduct;
  • provide false or misleading information, including when placing an order or registering a service address;
  • make hoax, false or malicious emergency calls, or otherwise misuse emergency-calling functionality;
  • monitor or record calls or communications without obtaining all consents required by law;
  • send or transmit spam or unsolicited commercial electronic messages, or otherwise breach the Spam Act 2003 (Cth);
  • make unsolicited telemarketing calls, or breach the Do Not Call Register Act 2006 (Cth) or any applicable ACMA determination or industry code;
  • use the Services for autodialling, predictive dialling, continuous or bulk automated calling, fax broadcasting, or transmitting pre-recorded or artificial-voice messages;
  • misrepresent the origin of any call or message, or alter, spoof or falsify calling-line identification or other signalling information;
  • harvest, or use unlawfully collected, numbers or contact details;
  • interfere with, disrupt, probe, scan or compromise the security, integrity or performance of the Products and Services, or attempt to gain unauthorised access to any system or data;
  • circumvent, disable or defeat any parental control, access restriction, authentication or security feature;
  • use automated means (including bots, scrapers or crawlers) to access, monitor or copy the Site or App;
  • reverse engineer, decompile, disassemble, clone, or create competing or derivative products (see Section 11);
  • resell, sublicense or commercially exploit the Products and Services except as expressly authorised;
  • introduce malware, or impersonate any person or entity; or
  • expose or attempt to expose children to inappropriate content or contact.

11. Intellectual Property, Ownership and Copyright

When you buy a Waffle device, you own that device — but not the technology, designs, brand or software behind it. All intellectual property rights in and to the Products and Services — including the Site, App, Devices, hardware, firmware, software, product designs, text, graphics, images, user interfaces, trademarks, trade dress and related know-how — are owned by or licensed to Just Waffle Pte Ltd and are protected by Australian and international law. Purchasing a Device transfers ownership of that physical unit only and grants you no right in the underlying technology, designs, trademarks or brand. All rights not expressly granted are reserved. Beta Brands Pty Ltd uses the Waffle brand and intellectual property in Australia under licence from Just Waffle Pte Ltd.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access the Site and to download and use the App solely for your own personal, non-commercial use to set up and operate your Device and use the Services. You must not, and must not permit others to: copy or manufacture clones or imitations of any Device; reverse engineer, decompile or disassemble any Device, firmware or software except to the limited extent this restriction is prohibited by law; build or sell competing or derivative products; remove or alter any proprietary marking; use the Waffle name, logos or branding without our prior written permission; or resell a Device as anything other than a genuine, unmodified unit.

Trademarks. "Waffle", the Waffle logos and related marks are trademarks of Just Waffle Pte Ltd. Nothing in these Terms grants you any right to use them.

Feedback. If you send us feedback, ideas, suggestions or proposals about the Products and Services, we may use them for any purpose, at our sole discretion, without any obligation, payment, attribution or confidentiality. Your provision of feedback grants us a perpetual, assignable, sublicensable, royalty-free, worldwide licence to use, implement, copy, display, perform and create derivative works of the concepts, ideas, processes or intellectual property contained in it. You gain no ownership or other right in the Products and Services by providing feedback, and to the extent any right in feedback would otherwise vest in you, you assign it to Just Waffle Pte Ltd.

Your content. If you submit reviews, testimonials, photos or other material to us or through the Site ("your content"), you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, display and adapt it in connection with the Products and Services and our marketing, you represent that you have the rights to grant that licence and that it infringes no third-party right, and you are solely responsible for your content and the consequences of submitting it. We may, but need not, pre-screen, refuse, flag, filter or remove any of your content at our discretion, without notice or liability.

Copyright complaints. If you believe content on the Products and Services infringes your copyright, please notify us at [COPYRIGHT CONTACT] with the details required to assess and act on your complaint.

12. Third-Party Services and Open-Source Software

The Products and Services rely on, integrate with, and incorporate Third-Party Content and Third-Party Services, including mobile carriers and networks, cloud hosting, payment processors, app stores, and mapping and location providers. They also include open-source software components, which are licensed to you under their own licence terms; those terms apply to the relevant components and, to the extent of any conflict, govern your use of them.

We do not control, and are not responsible for, Third-Party Content or Third-Party Services, and we do not endorse them. Your use of them is at your own risk and may be subject to the third party's own terms and privacy policy, which you should review. To the extent permitted by law, and subject to your rights under the Australian Consumer Law, we are not liable for any act, omission, content, product or service of any third party, including the availability or performance of any network on which the Services depend.

13. Additional Terms Applicable to Mobile Applications (iOS and Android)

Your use of the App is also subject to the rules of the app store from which you obtained it. The licence in Section 11 is limited to use on a device you own or control and as permitted by the applicable app-store terms.

Apple (iOS). You and we acknowledge that these Terms are between you and Waffle only, and not with Apple Inc. ("Apple"), and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App, and any claims attributable to any failure of the App to conform to a warranty are our responsibility to the extent they cannot be disclaimed. Apple is not responsible for addressing any claim relating to the App, including product-liability, regulatory, intellectual-property or consumer-protection claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google (Android). Your use of the App obtained through Google Play is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App.

You are responsible for any mobile data or carrier charges arising from your use of the App. The App requires a compatible device and operating-system version and may require updates.

14. Disclaimers

This Section limits the warranties you receive, but only to the extent the law allows. Read it together with the limited hardware warranty in Section 8.12, the Consumer guarantees in Section 8.11, and Section 15.

To the fullest extent permitted by law, and except as expressly stated in these Terms, your use of the Site (including any product purchased through the Site) and the Products and Services (including any Content, Third-Party Content and Third-Party Services) are provided on an "as is" and "as available" basis, without warranties of any kind. We do not warrant that the Products and Services will be uninterrupted, secure, error-free or free of harmful components, that any Content is accurate, complete or current, or that the Products and Services will meet your requirements.

This disclaimer does not affect any consumer guarantees that apply under the Competition and Consumer Act 2010 (Cth) that cannot be excluded. Nevertheless, our liability for failing to comply with a consumer guarantee is limited to:

  • in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of your costs incurred in the replacement or supply), or the repair of the goods (or the payment of your costs incurred in the repair); and
  • in the case of services supplied to you, the supply of the services again or the payment of your costs incurred in having the services supplied again.

15. Limitation of Liability

To the extent permitted by law, and subject to your rights that cannot be excluded:

  • we will not be liable to you for any indirect, incidental, special, consequential, exemplary or punitive loss, or for any loss of profits, revenue, data, goodwill or anticipated savings, however caused; and
  • our total aggregate liability arising out of or relating to these Terms, your use of the Site (including any product purchased through the Site), or the Products and Services will not exceed the greater of (a) the total amount you paid us for the Device and Services giving rise to the claim in the 12 months before the event giving rise to liability, and (b) A$150.

Australian Consumers. Nothing in this Section excludes, restricts or modifies any guarantee, right or remedy that cannot be excluded under the Australian Consumer Law. Where the ACL applies, Section 14 governs the limitation of our liability for breach of a non-excludable guarantee, and this Section applies only to the extent permitted by law.

16. Release

To the extent permitted by law, and subject to your rights that cannot be excluded under the Australian Consumer Law, you release and discharge Waffle and its affiliates from responsibility, liability, claims and damages arising out of or relating to disputes between users and the acts or omissions of third parties, including other users, approved contacts, and providers of third-party networks or services.

17. Indemnification

To the extent permitted by law, you agree to indemnify us for reasonable losses, liabilities, costs and expenses we suffer to the extent they are caused by: (a) your breach of these Terms (including any use in breach of Section 10); (b) your provision of inaccurate Account or service-address information; or (c) your fraud or wilful misconduct. Your liability under this Section is reduced to the extent that our own acts or omissions, or those of a third party, contributed to the loss, and this Section does not require you to indemnify us for any liability that cannot be shifted to a Consumer under the Australian Consumer Law.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. The Australian Consumer Law applies to your dealings with us. Nothing in these Terms deprives you of the protection of the mandatory consumer laws of the place where you are ordinarily resident, or requires you to resolve a dispute by arbitration.

19. Export Control and Sanctions

The Products and Services, including the Devices' cellular and wireless technology and the App and its underlying software, may be subject to export-control and economic-sanctions laws, including applicable Australian sanctions laws and, where relevant, the export laws of other countries. You are responsible for complying with all export-control and sanctions laws that apply to you and to any use or cross-border movement of a Device. You will not export, re-export, transfer or use the Products and Services in violation of those laws, and you represent that you are not located in, and will not transfer them to, any sanctioned country or region, that you are not on any restricted-party or denied-party list, and that you will not use them for any prohibited end-use.

20. Severability

If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be severed or read down to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

21. Miscellaneous

  • Entire agreement. These Terms (including the Acceptable Use terms in Section 10 and the Emergency Calling terms in Section 9), with the Privacy Policy and Refund Policy and your order(s), are the entire agreement between you and us regarding the Products and Services and supersede all prior understandings. This clause does not exclude liability for any misleading or deceptive statement where that liability cannot be excluded under the Australian Consumer Law.
  • Assignment. We may assign or transfer the Agreement, including to an affiliate or in connection with a merger, acquisition or sale of assets. You may not assign the Agreement or any Service under your Account without our prior written consent.
  • No waiver. Our failure to enforce any provision is not a waiver of it.
  • Force majeure. To the extent permitted by law, we are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, acts of third parties (including underlying carriers or service providers), war, civil unrest, weather, natural disasters, cable cuts, third-party network outages and labour disruptions.
  • Third-party beneficiaries. Except for Apple as stated in Section 13, there are no third-party beneficiaries of these Terms.
  • Notices. We may provide notices by email or by posting on the Site. You may contact us as set out in Section 23.
  • Survival. Provisions that by their nature should survive termination (including Sections 11 and 14–19) survive.
  • Electronic communications. You consent to transact and receive records from us electronically.
  • Relationship; language. Nothing here creates any agency, partnership or joint venture. These Terms are drafted in English, which governs.

22. Changes to These Terms

We may update these Terms from time to time. If we make changes, we will post the revised Terms on the Site with an updated "Last updated" date, and, where changes are material, take reasonable steps to notify you (such as by email or an in-App or on-Site notice). Changes take effect when posted, except that, for subscriptions, changes to fees or material terms apply from your next billing period, and where the law requires advance notice or consent we will comply. Your continued use of the Products and Services after changes take effect constitutes acceptance; if you do not agree, stop using the Products and Services and cancel in accordance with Section 8.

23. Contact Us

If you have questions about these Terms, contact us at hello@wafflekids.co, or by post:

  • Beta Brands Pty Ltd (Australian licensee, importer of record and supplier) — ABN 97 653 901 494, 405 Auburn Road, Hawthorn VIC 3122, Australia.
  • Just Waffle Pte Ltd (brand and IP owner, and product manufacturer) — UEN 202616631D, 68 Circular Road #02-01, Singapore 049422.
  • Copyright contact — [DETAILS].