Terms and policies

Last updated 14 November 2026. These are a working draft written in plain English. Have them checked by a New Zealand lawyer before taking paying customers.

"Orbyt", "we" and "us" mean the business that runs the Orbyt platform. "You" means the restaurant or other business that signs up, and the people who use Orbyt on its behalf. "Guests" are the people who order from, book with or call a restaurant through Orbyt.

1. Terms for restaurants

1.1 The service

Orbyt is restaurant software. Depending on your plan it includes a website in your own brand, online ordering, table bookings and a waitlist, loyalty and gift cards, a point of sale, kitchen screens, delivery and driver tools, marketing texts, an AI phone agent, and connections to other point-of-sale systems. Each part can be switched on or off in your plan.

1.2 Your account

• You must give accurate details when you sign up and keep them up to date.
• You are responsible for everyone who signs in under your account, including staff and drivers, and for keeping passwords and PINs private.
• Tell us straight away if you think someone has got into your account who shouldn't have.
• You must be legally able to run your business in New Zealand and hold every licence you need, including any licence to sell alcohol.

1.3 Free trial and approval

New restaurants get a free trial (14 days unless we agree otherwise) with no card needed. Your website and ordering stay private until we have checked your setup and approved it. We can decline or remove any restaurant that breaks these terms or the law.

1.4 Your content

You own your menu, prices, photos, logo and text. You confirm you have the right to use them, and you give us permission to store and display them so we can run your website and ordering. Stock photos we offer in templates stay subject to their own licence (see Image credits).

1.5 You are the seller

When a guest orders or books through Orbyt, the contract is between you and the guest. We provide the software only. You are responsible for:

• your prices, GST, tax invoices and receipts;
• food safety, allergen and dietary information, and the accuracy of your menu;
• checking age and following the law when you sell or deliver alcohol;
• preparing, handing over and delivering orders, including when you use your own drivers or a courier;
• refunds, complaints and guest service;
• your duties to guests under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

1.6 Payments from guests

Online card payments are handled by a payment provider (Stripe or Windcave) and paid to your own account with that provider. Their terms apply to you as well as ours. We never hold guests' money and never see full card numbers. Chargebacks and payment disputes are between you, the guest and the payment provider.

1.7 Guest information

Guest names, phone numbers, orders and other details collected through your website and apps belong to you, and you decide how they are used. We hold them on your behalf to run the service. You must follow the Privacy Act 2020, tell your guests how you use their information, and only send marketing to guests who agreed to it.

1.8 The AI phone agent

If you use the phone agent, an automated assistant answers calls in your restaurant's name, takes orders and bookings, and can pass callers to your staff. It can mishear or misunderstand, so check the orders it takes. You are responsible for telling callers they are speaking with an automated assistant where the law or good practice calls for it. We keep a written transcript of each call for you; we do not keep audio recordings.

1.9 Other systems

If you connect Orbyt to another system (for example Square, Lightspeed, Loyverse, Uber Direct or DoorDash), that company's terms and prices apply to your use of it. We are not responsible for faults in systems we do not run.

1.10 Availability and changes

We work hard to keep Orbyt running and your data backed up, but we can't promise it will never be interrupted or free of faults. We may update, add or remove features. If we make a change that seriously reduces what you are paying for, you can cancel.

1.11 Our software and brand

We own the Orbyt software, name and logo. You get a right to use the service while you have a plan; you do not get ownership of any of it. Your website shows a small "Powered by Orbyt" line in its footer.

1.12 Liability

• You use Orbyt for business. To the extent the law allows, the Consumer Guarantees Act 1993 does not apply to the service we supply to you.
• We are not liable for lost profit, lost sales, lost data or other indirect loss.
• Our total liability to you in any 12 months is limited to the fees you paid us in the three months before the claim arose.
• You agree to cover us against claims by guests or others that arise from your food, drink, service, content or breach of the law.
• Nothing in these terms limits any right that cannot lawfully be limited.

1.13 Suspension and ending

We may suspend or close an account that breaks these terms, puts guests or the platform at risk, or has unpaid invoices. Where we reasonably can, we will warn you first and give you time to fix it.

1.14 Changes to these terms, and the law that applies

We may update these terms. If a change matters, we will tell you by email or in the staff app at least 14 days before it takes effect. If you keep using Orbyt after that, you accept the change. New Zealand law applies, and the New Zealand courts deal with any dispute.

2. Acceptable use

You and your staff must not:

• use Orbyt for anything illegal, misleading or fraudulent, or to sell anything you are not allowed to sell;
• upload content you have no right to use, or content that is offensive, hateful or harmful;
• send marketing to people who have not agreed to receive it, or ignore a request to stop;
• try to break, overload, probe or get around the security of the platform, or reach another restaurant's data;
• copy, resell or reverse engineer the service, except as the law allows;
• use automated tools to scrape the platform or place fake orders, bookings or reviews.

3. Fees, billing and cancelling

• Plans. You pay a monthly fee for the all-in-one plan, or for each part you choose. Current prices are on the pricing page, in New Zealand dollars, plus GST.
• Usage. Phone agent minutes and text messages are charged for what you use, at the rates on the pricing page.
• Commission. Standard plans take no commission on orders from your own website. If your plan includes a commission, the rate is shown in your plan before you agree to it.
• Invoices. We invoice monthly. The first invoice after a trial covers only the days after the trial ended. Invoices are due 14 days after they are sent.
• Late payment. If an invoice stays unpaid, we may suspend your account after giving you notice.
• Price changes. We will give you at least 30 days' notice before a price rise.
• Cancelling. You can cancel at any time. Your plan runs to the end of the month you have been billed for; we do not refund part months. When you cancel, or a trial ends without a plan, your website and ordering go offline.
• Your data when you leave. You can ask for an export of your menu, guests and orders within 30 days of cancelling. After that we delete or anonymise your data, apart from records we must keep by law.

4. Terms for guests

These apply when you order, book, join a waitlist, buy a gift card or use loyalty points on a restaurant's Orbyt-powered website or app.

• Who you are buying from. You are buying from the restaurant, not from Orbyt. The restaurant sets the menu, prices, opening hours and delivery area, and makes and supplies your order.
• Prices. Prices include GST unless the page says otherwise. Delivery fees, tips and any discounts are shown before you pay.
• Allergies. Allergen and dietary information comes from the restaurant. If you have an allergy, contact the restaurant before you order.
• Alcohol. You must be 18 or over to buy alcohol, and the restaurant may ask for ID.
• Times. Pickup and delivery times are estimates.
• Changes, cancellations and refunds. Contact the restaurant. Refunds are decided and paid by the restaurant, back to the way you paid. Your rights under the Consumer Guarantees Act 1993 are not affected.
• Gift cards and loyalty. These are issued by the restaurant and can only be used with that restaurant. Its own rules on expiry and use apply.
• Bookings. If a restaurant takes a deposit or charges for no-shows, it tells you before you confirm.
• Your account. Keep your sign-in codes private. You can ask the restaurant to close your account at any time.
• Fair use. Don't place fake orders or bookings or misuse the service.

5. Privacy policy

We follow the New Zealand Privacy Act 2020. This section explains what personal information is collected through Orbyt, why, and what you can do about it.

5.1 Who is responsible

• Guest information is collected for the restaurant you order from or book with. The restaurant decides how it is used and is your first point of contact. Orbyt holds it on the restaurant's behalf.
• Restaurant account information (owners, staff and drivers) and enquiries made on Orbyt's own website are collected by Orbyt.

5.2 What is collected

• Guests: name, phone number and, if you give it, email; delivery addresses; what you ordered, when, and any notes; bookings and waitlist entries; loyalty points, gift card balances and favourites; feedback you leave; and whether you agreed to marketing texts.
• Phone callers: your phone number and a written transcript of a call answered by a restaurant's automated assistant.
• Restaurant owners and staff: name, email, phone number, role, sign-in history and a record of actions taken in the account. Passwords and PINs are stored only as one-way hashes that cannot be read back.
• Drivers: location while on shift, delivery records and any delivery photos.
• Enquiries: the details you type into the "set it up for me" form.
• Technical information: short-lived records such as your internet address, used to prevent abuse and keep the service secure.

Card details are entered on the payment provider's page. Orbyt never sees or stores full card numbers.

5.3 Information we get from someone else

Sometimes information about you reaches Orbyt indirectly: a restaurant may add or import its existing guests or menu from another system, a caller's number comes from the phone network, and payment and courier companies send us the status of a payment or delivery. We use it only for the purposes below.

5.4 Why it is used

• to take, make, deliver and track orders and bookings, and send messages about them;
• to take payment and give receipts and tax invoices;
• to run loyalty, gift cards and guest accounts;
• to send marketing texts, only where the guest agreed;
• to run restaurant accounts, bill restaurants and give support;
• to keep the platform secure, find faults and stop fraud;
• to meet legal duties, such as keeping tax records.

We do not sell personal information, and we do not use it for advertising by other companies.

5.5 If you choose not to give information

You can browse a restaurant's menu without giving any details. To order, book or join a waitlist, the restaurant needs your name and phone number, and an address for delivery.

5.6 Who it is shared with

Guest information is shared with the restaurant you are dealing with, its staff and its drivers. It is also passed to the companies listed in section 8, only as far as each needs it to do its job, and to authorities where the law requires.

5.7 Where it is kept

Orbyt runs on Cloudflare's network, with the main database placed in the region nearest New Zealand. Some of the companies in section 8 process information in other countries, including Australia and the United States. We use providers that commit to protecting personal information to a standard comparable to New Zealand law.

5.8 How long it is kept

• Sign-in sessions end when they expire or you sign out, and are then deleted.
• One-time sign-in codes are deleted within a day of expiring.
• Driver location points are deleted after 7 days.
• Technical records of messages from payment and courier companies are deleted after 30 days.
• Orders, payments and invoices are kept while the restaurant has an account, because restaurants must keep business records for tax (generally seven years).
• Guest accounts and call transcripts are kept until the guest or the restaurant asks for them to be removed, or the restaurant leaves Orbyt.

5.9 Security

All traffic is encrypted. Passwords, PINs and sign-in tokens are stored as one-way hashes. Each restaurant's data is kept separate, staff see only what their role allows, and changes are logged. No system is perfectly secure. If a privacy breach is likely to cause serious harm, we will tell the people affected and the Privacy Commissioner, and we will tell the restaurant involved.

5.10 Your rights

• You can ask to see the personal information held about you, and ask for it to be corrected.
• For orders, bookings, loyalty and marketing, ask the restaurant first. We will help the restaurant answer.
• For a restaurant account or an enquiry you made to Orbyt, ask us (see Contact).
• We aim to reply within 20 working days.
• If you are not happy with the answer, you can complain to the Office of the Privacy Commissioner at privacy.org.nz.

5.11 Children

Orbyt is for adults running or ordering from restaurants. We do not knowingly collect information from children under 16.

6. Cookies

Orbyt uses only what it needs to work:

• Sign-in cookies keep staff, drivers and guests signed in. They are removed when you sign out or they expire.
• Storage on your device remembers your cart, your chosen location and similar settings, so they are still there when you come back.

We do not use advertising cookies or third-party tracking. Maps load their images from a map provider, which sees your internet address when the map is shown.

7. Text messages and phone calls

• Order and booking texts. If you order or book, the restaurant may text you about that order or booking.
• Marketing texts. You get offers only if you ticked the box agreeing to them. Every marketing text names the restaurant and tells you how to stop. Reply STOP and you are removed from every restaurant's list on that number. We act on a STOP straight away, and always within five working days, as the Unsolicited Electronic Messages Act 2007 requires.
• Restaurants must have a guest's consent before sending marketing, must not buy or import lists of people who did not agree, and must keep to the sending hours the platform allows.
• Phone calls. A restaurant's phone may be answered by an automated assistant. It can take your order or booking, or put you through to a person. A written transcript is kept for the restaurant.

8. Companies we share data with

We use these companies to run Orbyt. Each receives only what it needs.

• Cloudflare: hosting, the database and security for the whole platform.
• Stripe and Windcave: card payments, and Stripe for the invoices we send restaurants. They receive payment details and the order amount.
• Twilio: text messages and phone calls. It receives phone numbers and message content.
• OpenAI: runs the automated phone assistant. It processes the audio and words of a call while the call is happening.
• Uber Direct and DoorDash: only when a restaurant uses them for delivery. They receive the pickup and delivery address, the guest's name and phone number.
• Point-of-sale and menu systems (such as Square, Lightspeed, Loyverse and Deliverect): only when a restaurant connects one. They receive orders and payment records.
• A map provider: shows maps for delivery tracking.

9. Image credits

Some stock photos offered in Orbyt website templates come from Unsplash and are used under the Unsplash licence. Photographers include Jason Leung, Alexander Faé, Glenov Brankovic, Lior Shapira, Lola Azizada, Takashi Yamada, Caramel (Auckland), Breakslow, Aleksandr Popov, Louis Hansel, Arthur Edelmans, Fabrizio Pullara, Nik Owens, Riccardo Bergamini, Jakub Dziubak, Delightin Dee, Madhurima Basak and Fábio Alves. Restaurants are encouraged to replace stock photos with their own.

10. Contact

Questions about these terms, or a privacy request for Orbyt: send us a message through the form on our homepage. For anything about an order, booking, refund or marketing texts, contact the restaurant directly.