General
1. “The Promoter” is The Coffee Club Franchising Company Pty Ltd (ACN 128 563 333) trading as The Coffee Club, Level 13, 199 Grey Street, South Bank QLD 4101.
2. By participating in this promotion, you agree and are automatically deemed to have read, understood, and accepted these terms and conditions (terms).
3. If there is any inconsistency between these terms and anything else that refers to this promotion, these terms will prevail.
Participation
4. Participation is open to all persons over the age of 18 years, except employees and immediate families of the Promoter and their associated companies and agencies. Immediate family includes but is not limited to; spouse, child or step-child (whether natural or by adoption), parent, step parent, grandparent, sibling, uncle, aunt, niece, nephew, subject to these terms.
Promotional Period
5. The promotion commences at 12:01am (AEST time) on Wednesday, 5 June 2024 and will close at 11:59pm (AEST time) on Tuesday, 16 July 2024 (Promotional Period).
Access to the Promotion
6. The promotion is available to all persons who have downloaded the “The Coffee Club Rewards App” (App) either before, or during, the Promotional Period.
7. At the later of the commencement of the Promotional Period, or when participants download the App during the Promotional Period (subject to [8] below), one (1) coupon will be loaded to their App (First Coupon).
8. The First Coupon will be valid from 12:01am (AEST) on Wednesday, 5 June 2024, until 11:59pm (AEST) on Tuesday, 2 July 2024.
9. After the First Coupon is redeemed in accordance with these terms, the participant will receive an email from the Promoter, to the email address associated with their App, requesting the participant provide feedback to the Promoter.
10. Once the participant validly submits their feedback to the Promoter, in accordance with the requirements of the email referred to at [9] above, one (1) further coupon will be loaded to their App (Second Coupon).
11. The Second Coupon will be valid for one (1) week from the time it is loaded to the participant’s App, or until the end of the Promotional Period (whichever occurs first).
12. After the Second Coupon is redeemed in accordance with these terms, the participant will receive an email from the Promoter, to the email address associated with their App, requesting the participant provide feedback to the Promoter.
13. Once the participant validly submits their feedback to the Promoter, in accordance with the requirements of the email referred to at [12] above, one (1) further coupon will be loaded to their App (Third Coupon).
14. The Third Coupon will be valid for one (1) week from the time it is loaded to the participant’s App, or until the end of the Promotional Period (whichever occurs first).
Redeeming the Coupons
18. The First Coupon, Second Coupon and Third Coupon (together, the Coupons) entitle the owner of the relevant App account the Coupons are loaded to, to one (1) free, eight (8) ounce hot coffee (or smaller, at the participant’s election), per Coupon. The Coupons are only available to be redeemed for dine in or takeaway only, and are not valid for delivery. Upsizes, syrups and extra shots are available for an additional cost. Liqueur coffee is excluded.
19. Participants may only redeem one (1) Coupon per transaction.
20. The Coupons are not able to be redeemed on public holidays, or in conjunction with any other offer or discount. VIP Club members can claim benefits on other items in the same transaction.
21. The Coupons cannot be exchanged for cash or credit, and cannot be transferred.
General
22. The Promoter reserves the right to amend, cancel and/or suspend this promotion at any time, without notice.
23. By partaking in the promotion, the participant:
a. consents to the collection, use and or disclosure of information provided by it for internal research, and current and future promotional, advertising and marketing activities of the Promoter, its associates and its prize sponsors, whether in Australia or overseas;
b. agrees for the Promoter and its associates to contact them and send and/or provide information via telephone, mail, in person, email, SMS and any other form of communication medium; and
c. acknowledges and agrees that the Promoter is entitled to do any of the abovementioned acts without compensation or fee, and that such consent is enduring.
Liability
24. Participants acknowledges and agrees that the Promoter is not responsible or liable for:
a. the unavailability or inaccessibility of any service (including without limitation, the App) whether or not caused by traffic congestion on the Internet or at any website;
b. unauthorised human intervention in any part of the promotion;
c. electronic or human error which may occur in the administration of the promotion;
d. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); e. any theft, unauthorised access or third party interference;
f. any Coupon that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; and
g. any delay, cancellation, postponement or attendance of a Coupon, if applicable.
25. These conditions do not affect, and are not intended to affect, any rights a consumer might have, which cannot be excluded under applicable consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the Coupons supplied again.
Statutory Warranties
26. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) or any other relevant legislation which cannot be excluded, restricted, or modified.
27. Notwithstanding [26] above, to the fullest extent permitted by law, the Promoter will not be liable for any loss or damage whatsoever which is suffered, including but not limited to direct, indirect or consequential loss, or for any personal injury suffered or sustained in connection with the promotion except for any liability which cannot be excluded by law.
28. Each participant shall indemnify the Promoter (and their respective directors, officers, employees and agents (each an “indemnified person”) for any loss, liability, cost, damage or expense suffered or incurred by any indemnified person as a result of:
a. the participant breaching any of these terms;
b. a warranty given by the participant proving to be untrue; or
c. any personal injury arising from or related to any wrongful or negligent act or omission by the participant in connection with this promotion.
Privacy
29. The Promoter collects personal information about the participant for the purposes of conducting this promotion. Any disclosure of such information will be made as required by law and in accordance with The Coffee Club’s Privacy Policy available at www.coffeeclub.com.au.
30. The Promoter may use the participant’s names and email address for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the participant.
31. By participating in this promotion, participants confirm that they allow their details to be used for this purpose. If participants no longer consent to their details being used for future marketing purposes, the participant should contact the Promoter on their details set out on its website www.coffeeclub.com.au. Any request to update, modify or delete the entrant’s details should be directed to the
Promoter
32. The Promoter’s decision in respect of all matters to do with the promotion will be final and no correspondence will be entered.
33. To the extent it is legally possible, these terms are governed by the laws of Queensland, Australia, and the parties submit to the jurisdiction of the courts of Queensland, Australia.