General

 

These Terms of Service apply to your use of the Cafe Online Mobile Application and linked website (cafeonline.com.au) which include marketing and promotions system including but not limited to loyalty reward programs for clients and smart card and Cost centers users.

 

Your access and/or use of the Cafe Online Mobile Application and linked website (cafeonline.com.au) constitute your consent to the Terms of Service contained herein. If you disagree with any of the items that form the Terms of Service, you must not use the Cafe Online Smart Mobile Application and linked website.

 

We may change the Terms of Service from time to time. The revised Terms of Service will take an immediate effect from the time of posting, and your continued use of the Cafe Online Mobile Application and linked website (cafeonline.com.au) constitutes your acceptance of any such changes. If the revised Terms of Service are unacceptable to you, you must cease using the Cafe Online Mobile Application and linked website (cafeonline.com.au). Additional terms and conditions may apply to specific areas or features of the Cafe Online Mobile Application and linked website (cafeonline.com.au), and you hereby agree to abide by such additional terms and conditions.

 

Registration

 

You will access the Cafe Online Mobile Application and linked website (cafeonline.com.au) as a visitor or as a registered member of Cafe Online Mobile Application and linked website (cafeonline.com.au) You may be required to register with Cafe Online Mobile Application and linked website (cafeonline.com.au) to make use of certain features of the Cafe Online Mobile Application and linked website (cafeonline.com.au) Where you are required to register:

 

a. you must provide us with accurate, complete, and current registration information.

 

b. you must safeguard any username and password which we provide to you.

 

c. you authorize us to assume that any person using the Cafe Online Mobile Application and linked website (cafeonline.com.au) with your username and/or password is either you or is authorized to act for you.

 

d. where your username and/or password is specific to you, you must not allow anyone else to use your username and/or password.

 

e. you agree to immediately notify us of any unauthorized use of your username and/or password or any breach of security of which you become aware.

 

f. you may cancel your registration at any time by notifying us.

 

g. we reserve the right to discontinue or cancel your registration in our sole and absolute 

 

discretion without notice to you if you do not use the Cafe Online Mobile Application and linked website (cafeonline.com.au) for an extended period, if you breach any of these terms and conditions or any applicable law, if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party, or as we otherwise, think fit.

 

If you elected to cancel your account or if your account is otherwise terminated by us, all your user content may remain on the Cafe Online Mobile Application and linked website (cafeonline.com.au)) even after your account has been canceled. You are not authorized to sell or transfer any account obtained through Cafe Online Mobile Application and linked website (cafeonline.com.au) assignment rights. Acceptable use of the Cafe Online Mobile Application and linked website (cafeonline.com.au) and its features Access and use of the Cafe Online Mobile Application and linked website (cafeonline.com.au) is intended solely for your own personal and non-commercial use. Your use of the Cafe Online Mobile Application and linked website (cafeonline.com.au) is at your own risk, and is also subject to the terms and conditions of the Merchants offering the products and services you are accessing via the Cafe Online Mobile Application and linked website (cafeonline.com.au)

 

In using the Cafe Online Mobile Application and linked website (cafeonline.com.au) you must not:

 

a. violates any applicable laws.

 

b. impersonates any person.

 

c. posts any material or content that:

 

i. infringes the intellectual property rights of any third party or post any material or content that you do not have the right to post.

 

ii. is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy, harassing, defamatory, obscene, or otherwise objectionable to any other person or entity.

 

iii. contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email.

d. distributes viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software.

e. collects or store personal data about other users of the Cafe Online Smart Mobile Application and inked website (For Cafe Online Nominees Pty Ltd)

f. Engage in any other conduct that inhibits any other person from using or enjoying the application.

g. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Cafe Online Mobile Application and linked website (cafeonline.com.au).

You may not use any device, software or routine intended to damage or interfere with the proper working of the Cafe Online Mobile Application and linked website (cafeonline.com.au), or to surreptitiously intercept or sequester any system, data, images or other multimedia elements or personal information from the Cafe Online Mobile Application and linked website (cafeonline.com.au), and you may not take any action which imposes any unreasonable or disproportionately large load on our infrastructure.

 

Content

All content that is posted on the Cafe Online Smart Mobile Application and linked website (For Cafe Online Nominees Pty Ltd may be made publicly available online. As such, by uploading content onto the Cafe Online Smart Mobile Application and linked website (For Cafe Online Nominees Pty Ltd you acknowledge that all this content may be made publicly available. You grant to Cafe Online a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Cafe Online the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be capable of giving rise to legal action whether against you or Cafe Online or a third party (in each case under any applicable law). You warrant that all user content is owned by you when uploaded or posted to the Cafe Online Smart Mobile Application and linked website (For

 

Cafe Online Nominees Pty Ltd and that you’re uploading or posting of the user content and the licensing of provision of that user content to us (including us exercising the rights granted to us) does not and will not infringe the rights of any third party, including the infringement of any third party’s intellectual property rights or rights of confidentiality or privacy.

 

You agree to pay any royalties, fees, or other monies owing to any person because of you uploading or posting user content on the Cafe Online Smart Mobile Application and linked website (For Cafe Online Nominees Pty Ltd or you are licensing or providing that user content to us. You must not upload or submit any user content to the Cafe Online Smart Mobile Application and linked website (For Cafe Online Nominees Pty Ltd that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint.

 

Cafe Online may, in its discretion, and without any liability to you or any third party:

 

a. removes any or all user content.

 

b. blocks a user’s access to the Cafe Online Platform.

 

c. cancels or suspend any user account.

 

d. edit or remove any content that it considers illegal, offensive, or otherwise inappropriate in any way.

 

e. Report any content and user account details to appropriate governmental and law enforcement authorities.

 

Notwithstanding Cafe Online Mobile Application and linked website (cafeonline.com.au)) rights under these terms and conditions, Cafe Online Smart Mobile Application, and linked website (For Cafe Online Nominees Pty Ltd) does not undertake to monitor the submission of content to or the publication of content on, the Cafe Online Mobile Application and linked website (cafeonline.com.au)  

 

Age of users

 

The Cafe Online Mobile Application and linked website (cafeonline.com.au) is not intended for children under the age of 18. By using the Cafe Online Mobile Application and linked website (cafeonline.com.au) and agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

 

If you become aware that a user is under the age of 18 and has supplied Cafe Online Mobile Application and linked website (cafeonline.com.au) with false information to create an account, please notify us at robert@Cafe Online.com.au and we will begin the process of investigating the claim. If the user is found to be under the age of 18 their account may be terminated along with any user content.

 

Third party links and websites

The Cafe Online Mobile Application and linked website (cafeonline.com.au) may contain links or portals to third-party websites not under our control or operation. Any such links are provided only as a convenience and do not imply our endorsement or responsibility for the contents of any such linked site. Use of any such third-party content provided via the Cafe Online Mobile Application and linked website (cafeonline.com.au) may also be conditioned upon agreement to such third party’s terms and conditions. The Cafe Online Mobile Application and linked website (cafeonline.com.au) simply facilitates your interaction with such third parties and Cafe Online is not responsible for any issues and/or disputes between you and such third parties.

 

 

 

Ownership

 

All intellectual property rights included in or associated with the Cafe Online Mobile Application and linked website (cafeonline.com.au), including but not limited to patents, copyrights, trademarks, and service marks are owned or licensed by us, and all right, title and interest in and to the Cafe Online Mobile Application and linked website (cafeonline.com.au) and the associated intellectual property is ours. You are not authorized to copy, distribute, re-publish, upload, post, modify, reverse-engineer or transmit any intellectual property except as specifically authorized by Cafe Online in writing. You are not authorized to remove copyright, trademark or other intellectual property or proprietary notice or legend contained on the Cafe Online Mobile Application and linked website (cafeonline.com.au).

 

Termination

 

We have the right to terminate your use of the Cafe Online Mobile Application and linked website (cafeonline.com.au), and any membership privileges anytime for any reason, including, but not limited to, your breach of the Terms of Service. Following any such termination, we shall have no further obligations, responsibilities, or liabilities to you. Notwithstanding anything to the contrary contained herein, if Cafe Online terminates your use rights contained herein, Cafe Online shall in no way be precluded from pursuing all its rights and remedies, either at law or in equity, for any claims, damages, awards, costs, and liabilities occasioned by your breach of the Terms of Service.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Cafe Online Mobile Application and linked website (cafeonline.com.au) its officers, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including legal fees), resulting from your use of the Cafe Online Mobile Application and linked website (cafeonline.com.au) or your breach of any provision of the Terms of Service herein.

 

 

 

Warranty

 

The Cafe Online Mobile Application and linked website (cafeonline.com.au)) is provided “as is” without any representations or warranties, express or implied. Cafe Online Mobile Application and linked website (cafeonline.com.au) excludes all representations and warranties to the full extent permissible under applicable law. Cafe Online Mobile Application and linked website (cafeonline.com.au) makes no representations or warranties in relation to the Cafe Online Mobile Application and linked website (cafeonline.com.au) or the content, information, and materials stored within the Cafe Online Mobile Application and linked website (cafeonline.com.au). Cafe Online Mobile Application and linked website (cafeonline.com.au) does not warrant that the Cafe Online Mobile Application and linked website (cafeonline.com.au) will be constantly available or available at all. Cafe Online does not warrant that the content on the Cafe Online Mobile Application and linked website (cafeonline.com.au) is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use the Cafe Online Mobile Application and linked website (cafeonline.com.au) at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. Cafe Online does not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Cafe Online Smart Mobile Application and linked website (For Sunshine Cafe Online Nominees Pty Ltd) or the server that operates the Cafe Online Mobile Application and linked website (cafeonline.com.au) is free of viruses or other harmful components.

Cafe Online assumes no liability or responsibility for any:

 

a. errors, mistakes, or inaccuracies of content,

b. personal injury or property damage, of any nature whatsoever, resulting from your access to 

and use of the Cafe Online Smart Mobile Application and linked website (For Cafe Online Nominees 

Pty Ltd)

c. any unauthorized access to or use of Cafe Online servers and/or all personal information 

and/or financial information stored therein,

d. any interruption or cessation of transmission to or from the Cafe Online Smart Mobile Application 

 

and linked website (For Cafe Online Nominees Pty Ltd)

e. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Cafe Online Mobile Application and linked website (cafeonline.com.au)), and/or

f. any errors or omissions in any content or for any loss or damage of any kind incurred because of the use of any content transmitted, posted, emailed, or otherwise made available via the Cafe Online Mobile Application and linked website (cafeonline.com.au).

Cafe Online does not warrant, endorse, guarantee, or assume responsibility for any product or service 

advertised or offered through the Cafe Online Smart Mobile Application and linked website (For Cafe Online 

Nominees Pty Ltd) and Cafe Online will not be a party to or in any way be responsible for monitoring any 

the transaction between you and Merchants providing products or services.

 

 

Limitation of liability

 

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted, or modified. Apart from those that cannot be excluded, Cafe Online and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

 

a. the re-supply of services or payment of the cost of re-supply of services; or

b. The replacement or repair of goods or payment of the cost of replacement or repair.

 

Cafe Online and its officers, employees, and agents will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss or damage arising out  of or relating to your access to or use of, or inability to use the Cafe Online Mobile Application and linked website (cafeonline.com.au) or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.

 

Without limiting the above, in no event shall Cafe Online, its officers, employees, or agents, be liable to you for any loss or damage whatsoever resulting from any: a. errors, mistakes, or inaccuracies of content, b. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Cafe Online Mobile Application and linked website (cafeonline.com.au) c. unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, d. interruption or cessation of service or transmission to or from the Cafe Online Mobile Application and linked website (cafeonline.com.au) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Cafe Online Mobile Application and linked website (cafeonline.com.au) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content transmitted, posted, emailed, or otherwise made available via the Cafe Online Mobile Application and linked website (cafeonline.com.au) whether based on warranty, the contract, tort, or any other legal theory.