Terms and conditions

This document sets out the agreement between you and Pay and Reward Pty Ltd (ACN 166 075 592) (“CafePay” or “we/us”) for the CafePay Service. By registering or using CafePay, you agree as follows.

Introduction

“CaféPay” is the pre-paid facility that allocates credit to an Account. This enables you to order and pay for products supplied by Vendors participating in the CafePay program (each a “Vendor”), using a CafePay enabled “Device” at point of sale via an internet-enabled device, which includes a smartchip reader.

Upon completion of Order at a Vendor a CafePay enabled device that is linked to the Account is read by the smartchip reader in the Vendor, and the Order total is deducted from the associated User Account balance. Alternatively payment can be made manually via cash, credit card or EFTPOS.

You, as the user have the ability to pre-order via an “Application” or “Site”, or pay at the Point of Sale for orders placed in “Vendors”.

You request CafePay to provide you with the CafePay Service on the terms set out in this agreement.
Interpretations in this contract:
“Account” means the account You created when registering via the Application
“You or you” means the person who creates the account
“Application” means the application available on your iOS or Android device that enables you to use the service
“Site” means the internet website operated and managed by CafePay located at www.cafepay.com.au or www.cafepay.com
“Orders” means the orders offered by CafePay via the Application or the Site
“Service” means the service offered by CafePay via the Application and/or Site that enables you to place Orders with Vendors
“Vendors” means cafes, establishments or other Vendors, whom accept Orders via the Service
“Advertisers” means organisations that may promote products or services to you
“Device” means any device enabled with CafePay functionality

Status of Terms

In using the Service, you acknowledge and agree that:

  1. these Terms & Conditions together with the Privacy Policy (together, these are referred to as the “Agreement”) create a binding, legal agreement between CafePay and you which shall be construed in accordance with and governed by the laws of Victoria, Australia, and the Federal Laws of Australia, where applicable;
  2. CafePay provides the Service solely in accordance with this Agreement, subject to any other relevant laws, and that prior to using the Service, you have read the terms of this Agreement;
  3. you must be aged 18 or over to create an Account and use the Service;
  4. CafePay may, from time to time at its sole and absolute discretion, revise this Agreement;
  5. In addition to this Agreement, by using the Service and/or maintaining an Account, you are also deemed to accept any additional terms of use which applies to the Site.

Your Account

You acknowledge and agree that:

  1. you may only use the Service by logging in through your own Account;
  2. you assume full responsibility for maintaining the confidentiality of your Account details and password, and any other information you make available in using the Service and you must not permit any other person access to or use of your Account details;
  3. all information you provide in establishing or updating your Account or in using the Service true and complete about you, and you must ensure that your Account details are up-to-date; you will not adopt a username or provide any information in establishing your Account or using the Service that is offensive, obscene, defamatory or is otherwise determined, at the sole and absolute discretion of CafePay. CafePay reserves the right to remove any such username or information, and to cancel your Account in such circumstances at no compensation to you, and you will indemnify CafePay for any claims made by third parties in relation to the use or display of any such username or information in relation to the Service;
  4. CafePay reserves the right to edit or delete any material appearing in your Account, without notice and liability to CafePay, in the event that any such material, as determined by CafePay in its sole and absolute discretion, violates this Agreement, or if CafePay deems it appropriate to do so pending investigation of any such violation;
  5. CafePay is not liable for any loss or damage you incur as a result of an unauthorised third party using your Account, including the use of any personal details you provide in the Account registration process howsoever obtained, and where you are aware that an unauthorised third party has access to or is using your Account, you must actively takes steps to prevent that third party from doing such and/or notify CafePay of such, and CafePay shall be authorised to temporarily suspend your Account whilst the issue is resolved, and that in any event, you are responsible for all losses or damages caused to any third party as a result of any such third party uses of your Account and must indemnify CafePay if claims are made against it by third parties in this respect;
  6. if you are in breach of these Terms of Use, you will not be permitted to make any further use of the Service and your Account may be cancelled by without prejudice to CafePay.
  7. CafePay may suspend or terminate your Account and/or your use of the Service without liability to you in the event that you violate this Agreement in any respect, as determined by CafePay at its sole and absolute discretion, or if CafePay deems it appropriate to do so pending investigation of any such violation, and you accept that CafePay is not liable to you in such circumstances for any losses or damages suffered by you; CafePay reserves the right to suspend or terminate your Account, your use of the Service and access to the Site, without liability to you, if you use the Service in a manner or behave in a manner or transmit any information or other data via the Service deemed by CafePay to be dishonest, untruthful, defamatory, abusive, threatening, harassing, obscene, pornographic, fraudulent, malicious, misleading or deceptive, tending to be a breach of any criminal law or which may give rise to any civil liability, racial vilification, discrimination or which directly or indirectly endorses any other product or service not operated or provided by CafePay; and (j) If you wish to cancel your Account, you can email sales@cafepay.com with your details.

Payment and Pricing

  1. When first registering for the Service, you will need to setup your username and password, or register via third party authentication (e.g.: Facebook, Google+, Twitter etc.) and create a profile including at a minimum Name, Email, Location and Date of Birth
  2. As a pre-paid only Service credit can be added to your account by nominating a top-up method. These options include Credit Card or Direct Debit.
  3. Initial and subsequent top-ups are a minimum of AUD $25.00.If you do not use or top-up the service after 1 year the account balance will expire
  4. To be able to place an Order, you require sufficient credit in your Account for that Order

Use of the Service

in using the Service, you irrevocably and unconditionally acknowledge and accept the following:

  1. you will only use the Service to order and pay for products and services provided by Vendors.
  2. vendors set the price and availability of products or services and CafePay has no control over availability or price. You are responsible for the review and approval of each order before paying.
  3. it is your responsibility to pick up ordered products from the Vendor when made available
  4. CafePay is not responsible for the availability or condition of products supplied by the Vendor
  5. if you suspect, or have had, an unauthorised order or suspect your Account has been compromised you should notify CafePay immediately and change your password, disable your account or disable associated CafePay enabled devices
  6. when you place an Order using the Service, upon your confirmation of such Order you are irrevocably and unconditionally bound to pay
for such Order;
  7. the nature of the Service is to enable you to place Orders at participating Vendors, and as such, CafePay is not party to any transaction or contract between you and the Vendor of the Vendor in this respect;
  8. when you use the Service to place an Order to purchase any goods and/or services you are entering into a contract with the relevant Vendor and not with CafePay, and CafePay does not have any liability
  9. CafePay is not responsible in any way for ensuring that a Vendor complies with all laws applicable to the region or country in which you are using the Service
  10. CafePay makes no warranties or representations as to the accuracy, content or quality of the information of any kind displayed on the Service
  11. CafePay provides the Service on a purely ‘as is’ basis without warranty of any kind to you;
  12. you will only use the Service for the purpose for which it was intended and will only place genuine Orders with Vendors via the Service;
  13. when you place an Order using the Service, upon your confirmation of such Order (being the final step in the process for placing an Order), you are irrevocably and unconditionally bound to pay for such Order;
  14. you will fulfil all Orders you place with Vendors via the Service including without limitation by collecting and paying for your Order within the timescale indicated at the time of placing the Order;
  15. you cannot change or cancel an Order once you have confirmed an Order via the Service;
  16. you will not use the Service in a manner which will or may compromise its security or normal operation, including doing any acts that are harmful in nature or are not acts not ordinarily done in the normal use of the Service;
  17. you may not copy, modify, license, sell, publish, communicate to the public or otherwise commercialise the Service or any of the information available from the Application and or Site in any way;
  18. you must not modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce any of the source code used by CafePay in operating the Service;
  19. CafePay does not warrant the Service meets your requirements and is not responsible for any losses or damages you incur due to errors in the operation of the Service; and
  20. CafePay does not guarantee that the Service will be available “24×7” and reserves the right, without prior notice to you, to suspend the Service pending maintenance, repair, diagnosis, analysis or upgrade of the Service, or to modify the Service, or discontinue the Service at any time, in any event, without liability to you.
  21. CafePay may, from time to time, send you relevant promotions or offers from advertisers, though CafePay will do so in a responsible and unobtrusive way at all times.
  22. CafePay provides a payment facility that requires pre-payment from a credit and or debit card facility. All credit is available for a period of 1 year from the date of top-up.
  23. The currency for all payments is in the country in which you are using the service.

Disclaimer

You acknowledge and agree that:

  1. to the maximum extent permitted by law, CafePay expressly disclaims any and all liability and any warranties or guarantees, express or implied, regarding the provision of any third party goods and/or services via the Service, including and not limited to, the merchantability, fitness for a particular purpose, acceptable quality, safety of goods and/or services provided by a Vendor;
  2. to the maximum extent permitted by law, CafePay shall not be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Service; and
  3. CafePay does not warrant that the Service, including without limitation the Application and Site, will be available for use uninterrupted or free of technical or functional errors, including the presence of “viruses” “Trojans” “spyware” “adware” “bots” and other similarly harmful computer effects, and any losses or damages you suffer as a result thereof, or because CafePay has chosen to temporarily or permanently suspend operation of the Service, is a risk borne by you for which you cannot make a claim against CafePay.
  4. CafePay is not an agent, representative or affiliate of, any Participating Vendor. CafePay provides no warranty or representation on the accuracy, completeness or correctness of any information provided by Vendors or regarding the availability, quality, merchantability or the like, of the products supplied by Participating Businesses.
  5. CafePay makes all reasonable efforts to ensure that the Service is available to you at all times, however there may be times when the service may not be available due to technical reasons or reasons beyond CafePay’s control.
  6. CafePay is not liable for any loss or damage incurred or suffered by anyone in connection with the access, use or misuse or the unavailability of the CafePay Service.
  7. This agreement is governed by the laws of Australia.

Complaints Procedure and Refunds

  1. If you wish to lodge a complaint about any matter in relation to any aspect of the Service, you must provide full details of the complaint to CafePay using the contact details available via www.cafepay.com and allow CafePay a reasonable amount of time to investigate the complaint before giving you a written response.
  2. You hereby irrevocably undertake to inform CafePay of any issue or complaint you experience with use of the Service or in respect of any third party, including CafePay, in accordance with this section before you commence any legal proceedings against CafePay in respect of such issue or complaint, and you acknowledge and agree that you shall allow CafePay a reasonable amount of time after notifying it of such issue or complaint to investigate, assess and respond to you regarding that issue or complaint.
  3. You acknowledge and accept should you not comply with this section of this Agreement, you are required to indemnify CafePay for all costs associated with dealing with any issue or complaint if because of your non-compliance with this section, you have caused CafePay to incur costs which it would not have incurred or to a greater extent than necessary, if the issue or complaint were first brought to the attention of CafePay in accordance with this section, and the issue or complaint was resolved between the relevant parties within three (3) weeks or without the need for you or CafePay to commence legal proceedings or whichever occurs first.
  4. CafePay warrants that any and all disputes (and refunds if applicable) which arise as a direct result of CafePay providing the services will be resolved by CafePay in accordance with these terms and conditions and any applicable laws or agreements. CafePay shall bear full responsibility for quality, performance, accuracy, efforts and results to be obtained through the use of the website or the services. However, no advice or information, whether oral or written, obtained by you from CafePay or through the services shall create any warranty not expressly made herein.
  5. Any claims for refunds should be made in writing via sales@cafepay.com. CafePay will endeavour to respond within 14 working days.

Miscellaneous

  1. CafePay may, in its sole and absolute discretion and without prior notice, [a] modify the Service; or [b] discontinue the Service at any time, in either case, without liability to CafePay.
  2. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
  3. CafePay shall not be taken to waive the enforcement of any of its rights, whether for past, future or continuing breaches, contained under this Agreement unless made in writing and signed by an authorised representative of CafePay.
  4. In the event there is any inconsistency between this Agreement and any other information appearing on the Site, or any other material accessible, available or observable on the Site or Service published by CafePay or matters contained in any other document or representation received from any party including CafePay, unless herein provided otherwise, this Agreement shall prevail.
  5. This Agreement shall be construed in accordance with and governed by the laws of Victoria, Australia, and the Federal Laws of Australia where applicable. You hereby irrevocably consent to the jurisdiction of the state or federal courts in Australia in all disputes arising out of or related to the use of the Service or this Agreement.

Promotions

‘Refer a cafe and receive one months free coffee promotion’

The ‘Refer a cafe and receive one months free coffee promotion’ rewards you for introducing café’s to the CafePay family of cafes
The conditions are:

  1. As a current CafePay user, you are known as the ‘referrer’.
  2. The referrer must have downloaded the app and registered with CafePay in order to be 
eligible to participate in the promotion.
  3. the referrer is the first person who properly completes the form on the CafePay website for the promotion.
  4. the referrers’ CafePay account will be credited with 20 free coffees after 5 orders have been placed with the new café.
  5. CafePay reserves the right to deny the reward of 20 free coffees if for any reason CafePay suspects the referrer has not acted in the spirit of this promotion.