Terms of Service

1

Agreement to Terms

By using our cafe loyalty platform, including scanning QR codes at participating cafes, creating an account, or accessing our services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these terms, you must not use our service. These terms apply to all users, including customers and cafe owners.

2

About Our Service

2.1

Platform Description

We provide a digital loyalty platform that connects participating cafes with their customers through QR code check-ins, visit tracking, and automated reward management.

2.2

Service Components

• Customer Service: QR code check-ins, loyalty tracking, reward notifications
• Cafe Owner Service: Customer management, analytics, QR code generation, SMS messaging
• Admin Platform: System administration and cafe owner management
• SMS Notifications: Automated messaging for rewards and confirmations

3

Customer Terms

3.1

Loyalty Program Participation

• You must provide accurate information (name and phone number).
• You are responsible for your phone number's security and accuracy.
• You can only have one loyalty account per phone number per cafe.
• You must physically visit the cafe to earn loyalty points.
• Rewards are non-transferable and have no cash value.

3.2

Acceptable Use

You agree not to:

• Use automated systems or bots to check in or earn rewards.
• Share, sell, or transfer your loyalty account to others.
• Attempt to manipulate or game the loyalty system.
• Use multiple devices or phone numbers to create duplicate accounts.
• Engage in fraudulent activity or abuse of the system.
• Interfere with the operation of our platform.

3.3

Account Suspension

We reserve the right to suspend or terminate accounts that violate these terms, engage in fraudulent activity, or abuse our system. Any such discretionary power will be exercised reasonably. Suspended accounts forfeit all accumulated rewards.

4

Cafe Owner Terms

4.1

Account Requirements

• You must be authorized to represent the cafe business.
• You must provide accurate business information.
• You are responsible for your account security and staff access.
• You must comply with all applicable laws and regulations.

4.2

Service Usage

• Honor all rewards earned by customers through the platform.
• Use the platform only for legitimate business purposes.
• Respect customer privacy and data protection requirements.
• Comply with SMS marketing laws and regulations.
• Pay all subscription fees and SMS charges as agreed.

4.3

Content Responsibility

You are responsible for all content you upload, including cafe logos, descriptions, and SMS message templates. Content must be:

• Accurate and not misleading.
• Compliant with advertising standards.
• Free from copyright infringement.
• Appropriate for general audiences.
• Compliant with Australian consumer law.

Payment and Billing

5.1

Subscription Plans

• Subscription fees are charged monthly or annually as selected.
• All prices are in Australian Dollars (AUD). For Australian businesses, GST is included in the advertised price.
• Payment is processed securely through Stripe.
• Failed payments may result in service suspension.

5.2

SMS Charges

• SMS messages beyond your plan allocation are charged at $0.112 AUD per message.
• SMS charges are billed monthly with your subscription.
• You can set spending limits to control SMS costs.
• Overage charges are clearly displayed in your dashboard.

5.3

Refund Policy

Subscription fees are generally non-refundable. However, our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you may be entitled to a refund for the unused portion, or to compensation for its reduced value. We may also provide refunds at our discretion for:

• Service outages lasting more than 48 hours.
• Billing errors on our part.
• Account termination due to our error.

6

Intellectual Property

6.1

Our Rights

We own all rights to our platform, including software, designs, trademarks, and content. You may not copy, modify, distribute, or create derivative works without permission.

6.2

Your Content

You retain ownership of content you upload (logos, descriptions, etc.) but grant us a license to use it in connection with providing our service.

6.3

Trademark Usage

You may not use our trademarks without permission. We may display your business name and logo as part of our service directory.

Privacy and Communications Consent

Our Privacy Policy (incorporated by reference) explains how we collect, use, and protect personal information. By using our service, you also agree to our Privacy Policy.

7.1

SMS Marketing Consent

7.2

Data Security

• We implement appropriate security measures to protect your data.
• You are responsible for maintaining the security of your account credentials.
• Report any security breaches or unauthorized access immediately.
• We comply with Australian Privacy Act requirements. Cafe owners who have access to customer data through our service are also required to handle that information in accordance with the Australian Privacy Act 1988.

8

Service Availability

8.1

Service Level

We strive to maintain high service availability but cannot guarantee uninterrupted service. We may temporarily suspend service for maintenance, updates, or technical issues.

8.2

Support

• Support is provided during Australian business hours.
• We aim to respond to inquiries within 48 hours.
• Critical issues receive priority support.
• Support is provided in English.

9

Limitation of Liability

9.1

Service Limitations

• We provide the service "as is" without warranties beyond those required by law.
• We are not liable for business losses, lost profits, or indirect damages.
• Our total liability is limited to the fees paid in the 12 months prior to the claim.
• We are not responsible for third-party service failures (SMS delivery, payment processing).

9.2

Australian Consumer Law

Our services come with consumer guarantees under the Australian Consumer Law that cannot be excluded. Nothing in these terms is intended to exclude, restrict or modify any of your rights under the Australian Consumer Law.

10

Termination

10.1

Termination by You

• Customers: Stop using the service at any time.
• Cafe Owners: Cancel subscription with 30 days' notice.
• Account data may be retained as described in our Privacy Policy.

10.2

Termination by Us

We may terminate accounts for violations of these terms, non-payment, or if required by law. We will provide reasonable notice unless immediate termination is required for security or legal reasons.

10.3

Effect of Termination

• All rights to use the service immediately cease.
• Outstanding fees remain payable.
• Customer rewards may be forfeited.
• Data retention follows our Privacy Policy.

11

General Terms

11.1

Governing Law

These terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the jurisdiction of Victorian courts.

11.2

Changes to Terms

We may update these terms from time to time. We will communicate significant changes with at least 30 days' notice. Significant changes include, but are not limited to, alterations to our pricing, your privacy rights under our Privacy Policy, or a substantial modification of the service. Continued use after changes constitutes acceptance.

11.3

Severability

If any provision of these terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

11.4

Assignment

We may assign these terms or our obligations without your consent. You may not assign your rights or obligations without our written consent.

12

Dispute Resolution

12.1

Resolution Process

1. Direct Contact: Contact us first to resolve issues informally.
2. Formal Complaint: Submit a written complaint if informal resolution fails.
3. Mediation: If a dispute cannot be resolved, we both agree to consider mediation through a recognised dispute resolution service before commencing legal proceedings.
4. Legal Action: Court proceedings as a last resort.

13

Contact Information