These terms are the agreement between TO DO: legal name of the business, e.g. EndExpiry Pty Ltd (ABN TO DO: ABN), trading as EndExpiry ("EndExpiry", "we", "us"), and the business that uses EndExpiry (the "Customer"). Part 2 also sets out the rules for every person who logs in to EndExpiry (a "User").
Please read them carefully. Nothing in these terms takes away rights you have under the Australian Consumer Law that cannot be taken away (see clause 13).
Part 1: Everyone
1. What EndExpiry is
EndExpiry is an online service that helps retail businesses track expiry dates, mark down stock before it expires, check what is on the shelf, and reduce waste. It includes the website at endexpiry.com, the EndExpiry web app, and any EndExpiry mobile app (the "Service").
2. How these terms are agreed
- A Customer agrees to these terms by signing a letter, form or proposal that refers to them (an "Order Form"), or by using the Service. The person who agrees for a business confirms they are authorised to do so.
- A User agrees to Part 2 by ticking that they agree the first time they log in to EndExpiry, and again when we ask after a change to these terms. We keep a record of when they agreed.
- Our Privacy Policy and Acceptable Use Policy apply too, and so does our Data Processing Addendum for Customers.
- If an Order Form says something different from these terms, the Order Form applies to the extent it says something different.
Part 2: Rules for every User
3. Your account
- Your account is set up by the business you work for. It is for you alone. Do not share your password or let anyone else use your account.
- If you were given a temporary password, you must choose your own before you can use EndExpiry. Choose one you do not use anywhere else.
- Tell your manager, and email security@endexpiry.com, straight away if you think someone else has used your account.
- Your employer controls your account. They can change your stores or role, or remove your access.
4. Using EndExpiry properly
- Use EndExpiry only for work, as your employer directs, and in line with our Acceptable Use Policy.
- Record stock where it really is. When you check in, do it at the store you are working at, using the store's QR code or your real location.
- Check what EndExpiry suggests. Expiry dates read from a photo, markdown prices and alerts are aids. You remain responsible for the stock in front of you.
5. Suspending a User
We may suspend a User's access if we reasonably believe it is needed to protect the Service, a Customer or other people, for example if an account appears to have been taken over or is being misused. We will tell the Customer as soon as we can, and restore access once the problem is dealt with.
Part 3: Customers
6. Using the Service
- We give the Customer, and the Users it adds, the right to use the Service for the Customer's own business while the agreement continues.
- The Customer decides who its Users are and what they can see and do, and is responsible for their use of the Service.
- We keep improving the Service and may change its features. We will give at least 30 days' notice of a change that substantially reduces its core features, and the Customer may end the agreement because of it.
7. The Customer's responsibilities
The Customer is responsible for:
- Its staff: telling its staff how EndExpiry is used before they use it, as privacy and workplace surveillance laws require. This includes the records EndExpiry keeps of the work they do and their check-ins. We provide a notice the Customer can fill in and give to staff.
- The information it puts in: making sure it has the right to give us the information it and its Users enter, and that it is accurate.
- Food safety, pricing and labelling: EndExpiry helps track stock and suggests markdowns, but the Customer remains responsible for removing expired stock, the prices and labels it puts on stock, and complying with food safety, trade measurement and consumer laws.
- Not relying on alerts alone: alerts depend on devices, browsers, networks and settings outside our control, and can arrive late or not at all. The Customer should keep its own routine for checking stock.
- Its accounts: keeping its Users' access up to date, and removing people who no longer work for it.
8. No fees
- The Service is provided free of charge. We will not charge for it unless the Customer agrees to fees in writing first.
9. The Customer's data
- The Customer owns its data: the information the Customer and its Users put into EndExpiry, including stock records and information about its staff ("Customer Data").
- Our use of it: the Customer allows us to store, copy and use Customer Data only to provide, support, secure and improve the Service, and as the law requires. We handle personal information as our Privacy Policy and Data Processing Addendum describe.
- Information that identifies no one: we may use information about how the Service is used to improve it, but only in a form that does not identify the Customer, its stores, or any person.
- The shared product catalogue: product details added to EndExpiry (barcode, product name, brand, category and photo link) become part of a catalogue every Customer can use. They must not contain confidential information. Who added a product, and where, is not shared with other Customers.
- Getting data out: the Customer may ask us for a copy of its Customer Data in a common file format at any time during the agreement, and for 30 days after it ends.
- Deleting it: within 90 days after the agreement ends, we delete Customer Data, unless the law requires us to keep it. Copies in backups are deleted on our providers' schedules.
10. Our intellectual property
- We own EndExpiry, including its software, design and content, other than Customer Data. These terms do not transfer any of it to the Customer.
- The Customer must not copy, sell or resell the Service, or (except as the law allows) try to work out its source code.
- If the Customer or its Users suggest improvements, we may use the suggestions freely, without any obligation to them.
11. Information from other sources
EndExpiry looks up products in outside databases, including Open Food Facts, whose information is available under the Open Database Licence, with product photos under Creative Commons licences. We do not control these sources and cannot guarantee that product details or photos are accurate or complete.
12. Availability, support and security
- We aim to keep the Service available at all times, but it may sometimes be unavailable, for example for maintenance, or because of a fault with one of our providers or the internet. We will try to give notice of planned maintenance and keep it short.
- Support is provided by email at support@endexpiry.com during business hours in Adelaide, South Australia. We aim to reply within 2 business days.
- We take reasonable steps to protect Customer Data, as described on our Security page.
13. Australian Consumer Law
The Service comes with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or changes any right or remedy that cannot lawfully be excluded, restricted or changed.
Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.
14. Limits on liability
To the extent the law allows, and subject to clause 13:
- neither party is liable to the other for any loss of profit, revenue or goodwill, or for any indirect or consequential loss, arising from the agreement;
- we are not liable for loss caused by stock being sold, wasted or not sold, or by a price or label, where the loss would have been avoided by the Customer meeting its responsibilities in clause 7; and
- each party's total liability to the other under or in connection with the agreement is limited to A$1,000.
These limits do not apply to a party's liability for fraud, for wilful misconduct, or for death or personal injury.
Each party's liability is reduced to the extent the other party caused or contributed to the loss.
15. Confidentiality
Each party must keep confidential the other party's information that is marked confidential or is obviously confidential, and use it only for the agreement. This does not apply to information that is public through no fault of the receiving party, or that a party must disclose by law.
16. Term and ending the agreement
- The agreement starts when the Customer accepts these terms and continues until it is ended as set out here, or for the term in the Order Form, renewing as the Order Form says.
- The Customer may end the agreement at any time by giving 30 days' written notice.
- We may end the agreement by giving 60 days' written notice.
- Either party may end the agreement straight away by written notice if the other party seriously breaches it and does not fix the breach within 14 days of being asked to, or if the other party becomes insolvent.
- When the agreement ends, the Customer's access ends, and clause 9 applies to its data. Clauses that by their nature continue (including clauses 9, 10, 13, 14, 15 and 18) continue.
17. Changes to these terms
We may update these terms. We will give Customers at least 30 days' notice of a change that is not in their favour, by email and in EndExpiry. If the Customer does not agree to the change, it may end the agreement before the change takes effect. Changes that only benefit Customers, or that the law requires, may take effect sooner.
Part 4: General
18. Disputes
If a dispute arises, the parties will first try in good faith to resolve it by talking. If it is not resolved within 30 days, either party may refer it to mediation before starting court proceedings, except where urgent relief is needed.
19. General terms
- Law: these terms are governed by the laws of South Australia, Australia, and the courts of South Australia have jurisdiction.
- Events outside a party's control: neither party is liable for a delay or failure caused by events reasonably beyond its control, such as a natural disaster or a failure of the internet, other than an obligation to pay money. The affected party must tell the other and do what it reasonably can to keep going.
- Notices: notices under these terms may be sent by email: to us at support@endexpiry.com, and to the Customer at the email address in its Order Form or account.
- Transfer: we may transfer the agreement to a buyer of our business, with notice to the Customer. The Customer may transfer it with our agreement, which we will not unreasonably refuse.
- The whole agreement: these terms, the Order Form and the documents they refer to are the whole agreement about the Service.
- Severance: if any part of these terms is unenforceable, it is read down or removed, and the rest continues.
- Waiver: a right is only waived in writing.
20. Contact us
TO DO: legal name of the business, e.g. EndExpiry Pty Ltd (ABN TO DO: ABN), trading as EndExpiry TO DO: postal address Email: support@endexpiry.com

