Last updated: September 2018

1. YOUR AGREEMENT WITH US

1.1 Green Caffeen Pty Ltd (ACN: 625 550 638) (Green Caffeen) is a company registered in Australia.

1.2 Please read these Terms and Conditions (Terms) carefully before using the Green Caffeen mobile application (App).

1.3 You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

2. THE SERVICE

2.1 The App operates as an online platform which provides services to consumers of beverages (Customers) and participating retailers of beverages (Retailers), which include but are not limited to:

(a) providing Customers with access to eco-friendly cups (Cups) which are made available in Retailers, ready for use by Customers;

(b) an associated Cup exchange system within each Retailer which facilitates the reuse of Cups by Customers and Retailers; and

(c) a ‘scan and go’ (Scan System) system on the App for Customers who check out and return their Cups to participating Retailers.

(together the Service).

2.2 The App and Service is owned, operated and provided by Green Caffeen and use of the App and Service are subject to these Terms.

2.3 Your access to and use of the App and Service is conditioned on your acceptance of and compliance with these Terms. If you disagree with any part of these Terms then you may not access or use the App or Service.

3. REGISTRATION OF ACCOUNT

3.1 In order to login to the App and use the Service, you are required to apply for and register an account with Green Caffeen (Account).

3.2 If you are a Customer and you wish to create an Account, you may be required to provide Green Caffeen with the following information:

(a) your full name, postal address, email address, telephone number and location;

(b) a participating Retailer of your choosing in your locality(Nominated Retailer);

(c) a username; and

(d) a password.

3.3 If you are a Retailer and you wish to create an Account, you may be required to provide Green Caffeen with the following information:

(a) the details of the Retailer, including: business name, business address; business contact phone number, business email address; business operating hours.

(b) an official record of registration of the Retailer from the Australian Securities Investment Commission which includes an Australian Business Number or Australian Company Number; and

(c) a username;

(d) a password; and

(e) a brief description of the Retailer.

3.4 For information on how your information may be used, please refer to our Privacy Policy.

3.5 Upon the lodgement of information required to register an account, Green Caffeen will review your application as quickly as possible and endeavour to finalise your registration within 48 hours, depending on the number of applicants.

3.6 Green Caffeen may request additional information from you to verify your Account, before it will finalise your registration.

3.7 Once your application has been finalised and approved, you will be a registered account holder (Account Holder) and will be able to use your Account details and login to the App and access the Service.

3.8 You warrant that any information provided by you as part of the Account registration process is accurate and up to date and will always be accurate and up to date.

3.9 You warrant that if you are applying for an Account on behalf of a Retailer, that you have the authority to do so.

3.10 You understand that by providing Green Caffeen with any information as part of the registration process that you may receive emails, SMS messages, newsletters and marketing material from Green Caffeen. If you do not to wish receive updates or correspondence from Green Caffeen, you may contact Green Caffeen at admin@greencaffeen.com.au and unsubscribe at anytime.

3.11 As a Retailer, you understand that by registering an Account, you agree to allow Green Caffeen to promote that you are a Retailer and that you are a user of the Service, among Customers and among potential customers.

3.12 You may not register for an Account and subsequently may not use the Service if:

(a) you are not of a legal age to form a binding agreement with Green Caffeen; and/or

(b) you have previously had your Account terminated within the past twelve (12) months.

4. OBLIGATIONS OF ACCOUNT HOLDERS

4.1 As an Account Holder, you agree to comply with the following:

(a) not to share your Account details with any other person, except where you are Retailer and authorise the use of the Account with employees or other registered owners, directors or managers of the Retailer;

(b) use the App and the Service for the purposes that are permitted by these Terms and accepted practice;

(c) notify Green Caffeen immediately following unauthorised use of your Account;

(d) not expressly or impliedly impersonate another Account Holder or use the login details of another Account Holder, without that Account Holders consent; and

(e) not to use the App or Account for any illegal or unauthorised use, including but not limited to collecting details of other Account Holders for the purposes of sending unsolicited correspondence.

5. SUBSCRIPTION TO SERVICE

5.1 In order to participate in the Service, Customers and Retailers will be required to subscribe to the Service and pay a fee (Subscription Fee). The first payment of the Subscription Fee is payable upon completion of registration of an Account.

5.2 Green Caffeen reserves the right to waive payment of Subscription Fees by Customers and Retailers in its absolute discretion.

5.3 Upon registration as an Account Holder or as soon as reasonably possible after payment of the first Subscription Fee by the Customer and Retailer to Green Caffeen, , Green Caffeen will:

(a) use its best endeavours to ensure there are a sufficient number of Cups in circulation in each Retailer ready for use by Customers; and
(b) allocate two Cups for use by each Customer.

5.4 A Customer must return all cups in their possession before cancelling. The Customer will be unable to cancel their subscription if they have cups ‘checked out’.

6. BILLING & PAYMENTS

6.1 The ongoing payment of Subscription Fees is payable by each paying Customer and Retailer Account Holder on the first business day of each month (Billing Cycle)

6.2 Paid Subscriptions automatically renew until cancelled in the ‘Subscription Plan’ section of your ‘My Account’ settings.

6.3 To allow continuing and recurring payment of the Subscription Fee, your nominated bank account and credit card information is to be provided by you upon completion of registration of your Account.

6.4 Where payment of the Subscription Fee or any other fee contemplated by these Terms is dishonoured, we may attempt to debit your nominated bank account at a later date. You will be liable to your card issuer or financial institution for any dishonour fees that may arise.

6.5 Failure by the Customer and Retailer to make payment of the Subscription Fee in each Billing Cycle will result in suspension of the Service and suspension of the benefits of the Service, until such time as payment is made in full.

7. THE CUPS

7.1 The Cups allocated to you by Green Caffeen upon registering an Account and or payment of the Subscription Fee are and will always remain the property of Green Caffeen.

7.2 As a Customer Account Holder, you agree to:

(a) report a missing or damaged Cup(s) to Green Caffeen within a reasonable time, so a replacement Cup can be made available in a timely fashion;

(b) ensure each Cup(s) are kept in good working order and are not damaged, defaced, modified or otherwise altered; and

(c) ensure your Cup(s) are promptly returned to a Retailer within the permitted time period.

7.3 As a Retail Account Holder, you agree to:

(a) report any missing Cup(s) or damaged Cups to Green Caffeen within a reasonable time, so a replacement Cup can be made available in a timely fashion;

(b) ensure each Cup(s) are kept in good working order and are not damaged, defaced, modified or otherwise altered; and

(c) ensure returned Cups are properly cleaned, sanatised and stored to the standards set out in, but not limited to, the Australia New Zealand Food Standards Code and any Local Council requirements, and ready for use by another Customer.

8. THE SCAN SYSTEM

8.1 The Scan System on the App is in place to ensure that every Cup is scanned upon check out and return. Each time a Cup checked out or returned to a Retailer data is collected to record the usage of each Cup and to form the basis of a reward based points system for Customers. Collection of such data is governed by the Green Caffeen Privacy Policy.

8.2 Each Retailer will have its own scanning point in store, where Cup must be scanned when it is returned after use or checked out upon purchase of a beverage from a Retailer.

8.3 As a Customer Account Holder, you agree to scan the Cup each time it is checked out or returned to a Retailer.

8.4 As a Retail Account Holder, you agree to:

(a) notify Customers to scan each Cup that is checked out or returned in-store;

(b) ensure that the scanning point is visible in-store and appropriately labelled; and

(c) notify Green Caffeen immediately in the event the scanning system is damaged, experiencing technical difficulties, is faulty or requires replacement for whatever reason.

9. DEFAULT & TERMINATION

9.1 The following will be considered a default event by a Customer under these Terms:

(a) failure to return a Cup to a Retailer within 21 days of its last use or at all;

(b) the misplacing of a Cup;

(c) failure to make payment of the Subscription Fee at the end of each Billing Cycle, or at all;

(d) deliberate defacing, altering, usage contrary to its purpose, breaking and or otherwise damaging a Cup(s);

(e) failure to scan a Cup at a scanning point upon check out or return of a Cup to a Retailer; and

(f) providing Cup(s) to a person(s) who is not a Customer

9.2 In the event of breach of 9.1(a) above, a Customer will be charged a late fee in the amount of $2.00, debited directly from a Customer’s nominated bank account. In the event a Cup is not returned within 28 days of its last use, a Customer will be charged a replacement fee of $9.00 debited directly from a Customer’s nominated bank account..

9.3 In the event of 9.1(b) above, Green Caffeen reserve its right to charge a lost cup fee of $9.00 debited directly from a Customer’s nominated bank account, where it considers appropriate to do so in its absolute discretion.

9.4 In the event of repeated breaches of 9.1(a), (b) and (c) above, Green Caffeen reserves its right to terminate these Terms and close a Customer’s Account where it considers it appropriate to do so in its absolute discretion, after the giving of two (2) written warnings and on the giving of 24 hours written notice to a Customer. Termination will officially be effective upon the expiration of 24 hours from the giving of notice.

9.5 In the event of repeated breaches of 9.1(d), (e) and (f) above, Green Caffeen reserves its right to terminate these Terms and close a Customer’s Account immediately, where it considers it appropriate to do in its absolute discretion.

9.6 Where these Terms are terminated and a Customer’s Account is closed by Green Caffeen, the Cup(s) allocated to the Customer will remain with the Retailer until Green Caffeen collect the Cup(s) and deliver to a different Retailer or allocate to a different Customer.

9.7 Upon termination of these Terms and the closing of the Customer’s Account, a Customer will no longer have access to the Service and will not be permitted to utilise the App, for a period of twelve (12) months.

9.8 The following will be considered a default event by a Retailer under these Terms:

(a) the misplacing of a Cup;

(b) failure to make payment of the Subscription Fee at the end of each Billing Cycle or at all;

(c) failure to ensure clean Cups are available to Customers in a prompt and timely fashion;

(d) failure to ensure Cups are scanned upon check out or return of a Cup to a Retailer by a Customer;

(e) deliberate defacing, altering, usage contrary to its purpose, breaking or and or otherwise damaging of a Cup; and

(f) providing a Cup to a person(s) who is not a Customer

9.9 In the event of 9.8(a) above, Green Caffeen reserve its right to charge a lost cup fee of $9.00 debited directly from a Retailer’s nominated bank account, where it considers appropriate to do so in its absolute discretion.

9.10 In the event of repeated breaches of 9.8(b), (c) and (d) above, Green Caffeen reserves its right to terminate these Terms and close a Retailer’s Account where it considers it appropriate to do so in its absolute discretion, after the giving of two (2) written warnings and on the giving of 24 hours written notice to a Retailer. Termination will officially be effective upon the expiration of 24 hours from the giving of notice.

9.11 In the event of repeated breaches of 9.8(e) and (f) above, Green Caffeen reserves its right to terminate these Terms and close a Retail’s Account immediately, where it considers it appropriate to do in its absolute discretion.

9.12 Where these Terms are terminated and a Retailer’s Account is closed by Green Caffeen, Green Caffeen will attend upon the Retailer and collect the Cups. Green Caffeen will notify Customers of the Retailer of this termination in writing.

9.13 Upon termination of these Terms and the closing of the Retailer’s Account, a Retailer will no longer have access to the Service nor will it receive benefits of the Service and will not be permitted to utilise the App.

9.14 A Customer or Retailer may elect to terminate these Terms at anytime and may do so by providing 7 days’ notice in writing to Green Caffeen. Termination will officially be effective upon the expiration of 7 days from the giving of notice.

10. INTELLECTUAL PROPERTY

10.1 The App and Service and its original content, features and functionality are and will remain the exclusive property of Green Caffeen.

10.2 The App and Service is protected by copyright, trademark, and other laws of Australia.

10.3 Nothing in these Terms constitutes a transfer of any intellectual property rights from Green Caffeen to you.

11. CANCELLATION/REFUND

11.1 If a Customer or Retailer is not satisfied with the Service provided, the Customer or Retailer may notify Green Caffeen and Green Caffeen will attempt to resolve the Customer or Retailer’s concerns. Green Caffeen, at its sole discretion, may provide a refund of the Subscription Fee to you.

12. DISCLAIMER

12.1 Your use of the App and Service is at your sole risk. The Service is provided on an ‘as is’ and ‘as available’ basis. The App and Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

12.2 Green Caffeen does not warrant that:

(a) the App and Service will function uninterrupted and that Cups will always be available for use by Customers and Retailers;

(b) any errors or defects in the App or Service will be corrected;

(c) the App is free of viruses or other harmful components; or

(d) the results or use of the App and Service will meet your requirements.

12.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

12.4 Green Caffeen make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the App or the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of the App Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the App or Service.

13. LIMITED LIABILITY

13.1 You agree that we shall not be liable for any damages suffered as a result of using the App,Service or Cups.

13.2 In no event shall Green Caffeen be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

13.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the App or Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

13.4 Without limiting the foregoing, in no event will Green Caffeen aggregate liability to you exceed, in total, the amounts paid by you to Green Caffeen.

14. GOVERNING LAW

14.1 These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Australia.

14.2 Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created herein, shall be governed, interpreted and construed by the laws of the Commonwealth of Australia.

14.3 The failure by Green Caffeen to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us, and supersede and replace any prior agreements we might have between us regarding use of App or Service.

15. UPDATES

15.1 These Terms may change from time to time and will be made available to you on the App.

15.2 If a revision to these Terms is considered material, we will provide reasonable notice to you, prior to the changes taking effect.

15.3 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the App and Service. Your continued use of the App and Service will be deemed as your acceptance thereof.

16. CONTACT US

16.1 If you have any questions about these Terms please contact us at: admin@greencaffeen.com.au