Terms & Conditions
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.