CoffeeNut Terms of Use

Welcome to the website and mobile application of VCAD Pty Ltd trading as “CoffeeNut” (ABN 56 616 689 564) (“we“, “us” or the “Company“), in relation to the supply of benefits for customer loyalty and frequent buyer scheme.

This website is located on the web via the domain https://www.coffeenut.com.au and includes all of the files located in that domain (“the Website“).

The mobile application operated by us can be downloaded on the App Store and Google Play (“the App”).

Agreement to these Terms of Use

By accessing the Website and the App, you agree to be bound by these terms of use (“Terms of Use“). These Terms of Use constitute a binding agreement between you and the Company and govern your use of the Website and the App.

Privacy Policy

As part of these Terms of Use, your use of the Website and the App is also subject to our Privacy Policy (located at https://www.coffeenut.com.au/privacy), which is incorporated by reference into these Terms of Use.

The Services

The Services we provide constitute an online platform which enables:

Subject to these Terms of Use, we grant you a limited, non-transferable, revocable and non-exclusive licence to download and install the App to use the Services for personal, non-commercial use on your mobile device or computer.

If you access or download our App from the App Store, you agree to any Usage Rules set forth in the App Store Terms of Service.

If you access or download our App from Google Play, you agree to the Android, Google Inc. Terms and Conditions including Google Apps Terms of Service.

Restrictions on use

Prohibited conduct

Your use of the Website and the App is subject to the rules set out in Schedule 1 below.

Violations of these Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

Registration and account security

Requirement for registration

The Company reserves the right to make any parts of the Website and the App accessible only to users who have registered.

Username and password

Upon registration with the Website and the App, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for the Website and the App. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using the Website and the App with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with the Website and the App, you must agree to these Terms of Use and provide the Company with:

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one account with the Website and the App. Accounts registered by “bots” or other automated methods are not permitted.

Approval of registrations

The Company reserves the right to accept or reject any application for registration of an account with the Website and the App at its discretion.

Security

While the Website and the App hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

Earning CoffeeNut Points

We offer a Loyalty Rewards Program (“LRP”) which allows users to earn CoffeeNut Points when they purchase goods or services from any Merchant.

To earn CoffeeNut Points, we must be able to confirm that you have made a valid and completed point-earning payment. For avoidance of doubt, we are not responsible for, nor will we be obligated to provide CoffeeNut Points to you in respect of, any purchase that is not properly recorded, tracked and/or deemed approved by us.

Using CoffeeNut Points

You may use the CoffeeNut Points you have earned to redeem goods or services from our Merchants pursuant to these Terms of Use and any applicable additional terms.

CoffeeNut Points may not be redeemed for cash, bartered, or sold.

We may reject any proposed CoffeeNut Points earning, reverse any completed CoffeeNut Points earning or otherwise invalidate any CoffeeNut Points if we suspect that the CoffeeNut Points earning is unauthorised or in breach of these Terms of Use.

If you attempt to use CoffeeNut Points to redeem goods or services, and we, or our Merchants determine that the goods or services are unavailable, or for whatever reason cannot be provided to you, we may, in our sole and absolute discretion, provide you with other goods or services of equal or greater value.

No credit, reversal, or refund of CoffeeNut Points will be issued for any reason after CoffeeNut Points have been used to redeem goods or services from our Merchants.

The use of CoffeeNut Points to redeem goods or services available from our Merchants may have eligibility requirements and we reserve the right to verify your identity to our complete satisfaction.

Stolen or lost CoffeeNut Points

Stolen or lost CoffeeNut Points will not be refunded or replaced.

Expired CoffeeNut Points

You must maintain an active Account. If you fail to log-in within a period of twelve (12) months or more, your Account will be deemed inactive and we may delete or suspend your Account. If your Account becomes inactive, all CoffeeNut Points will be considered expired and removed from your Account permanently. One (1) month before your Account becomes inactive, we will send you a reminder via email to log into your Account to keep it Active.

Cancellation of Loyalty Rewards Program

We may limit, suspend or terminate your ability to participate in the LRP at our sole and absolute discretion, and may void any CoffeeNut Points earned by you if we determine in our sole and absolute discretion that you have not complied with these Terms of Use or any applicable additional terms.

Dealings with third parties

Content supplied by third parties

The Website and App includes an online portal that allows third parties to advertise goods and/or services for sale to our users through the Website and the App and to upload information and other content directly to the Website and the App for our users to access. We do not act as an agent for any such third parties and we take no responsibility, and assume no liability, for:

Third party goods/services websites and Apps

We do not recommend or endorse any third-party goods or services that are listed, advertised or referred to in the Website and the App or the content of any third-party websites and apps. We are not responsible for the content of linked third party websites and Apps, websites and Apps framed within the Website and the App or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites and Apps containing information that some users may find inappropriate or offensive. Your use of any third-party websites and Apps is at your own risk and subject to their respective terms and conditions of use.

User acknowledgements

You acknowledge that the Company does not:

Role of the Company

The relevant Merchant, and not the Company, is:

We do not act as agent for the Merchant and we make no representation or warranty, and provide no guarantee, that the Merchant will provide you with the goods and/or services, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any Merchant listed on the Website and the App and any goods or services supplied, offered or recommended by or on behalf of a Merchant.

Merchant’s terms and conditions

Acceptance of an order creates a contract between you and the relevant Merchant in respect of the provision of the goods and/or services that are the subject of that order. The Company is not a party to that contract. That contract will be subject to relevant Merchant’s own terms and conditions of supply. You will be responsible for investigating and reviewing the Merchant’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable.

Refunds from Merchants

The relevant Merchant is solely responsible for providing you with a refund. The Company does not guarantee the provision of that refund to you and you must take action against the Merchant directly, and not against the Company, in order to enforce your entitlement to that refund.

Disputes between users and Merchants

You are solely responsible for your interactions with Merchants listed on the Website and the App, and the Company is not a party to any transactions between you and such Merchants. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and Merchants.

Intellectual property

Copyright

In these Terms of Use, the term “Proprietary Content” means:

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from the Website and the App only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The Company’s logo and the phrase “CoffeeNut” are trademarks of the Company. The look and feel of the Website and App (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

User Content

In these Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to the Website and the App by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

The Website and the App contain some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

Copyright claims

If you believe that the Website or the App contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on the Website and the App to a third party website or app that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THE WEBSITE AND THE APP AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE AND THE APP, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

The Website and the App are provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Website and the App or any of its content, and in particular do not represent, warrant or guarantee that:

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms of Use or the use of the Website and the App by you or any other person.

Remedies limited

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

Release

You agree that your use of the Website and the App is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of the Website and the App by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Terms of Use, the following rules of interpretation apply:

Notifications

The Company may provide any notification for the purposes of these Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting and other costs associated with these Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use without the Company’s prior written consent. Your registration with the Website and the App is personal to you and may not be sold or otherwise transferred to any other person.

The Company may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these Terms of Use and any other policy on the Website and the App at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of the Website and the App will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of the Website and the App or the services offered through the Website and the App.

You may only vary or amend these Terms of Use by written agreement with the Company.

Governing law and jurisdiction

These Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Schedule 1 – Prohibited conduct

YOU MUST NOT:

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