Terms & Conditions
General
These Terms of Service apply to your use of the Cafe Online online e-commerce website which include marketing and promotions system including but not limited to loyalty reward programs for clients and smart card and Cost centres users.
Your access and/or use of the Cafe Online 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.
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 constitutes your acceptance of any such changes. If the revised Terms of Service are unacceptable to you, you must cease using the Cafe Online.
Additional terms and conditions may apply to specific areas or features of the Cafe Online, and you hereby agree to abide by such additional terms and conditions.
Registration You will access the Cafe Online as a visitor or as a registered member of Cafe Online. You may be required to register with Cafe Online in order to make use of certain features of the Cafe Online Where you are required to register:
a. you must provide us with accurate, complete and current registration information;
b. you must safeguard any user name and password which we provide to you;
c. you authorize us to assume that any person using the Cafe Online with your user name and/or password is either you or is authorized to act for you;
d. where your user name and/or password is specific to you, you must not allow anyone else to
use your user name 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 for an extended period of time, 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 of your user content may remain on the Cafe Online even after your account has been cancelled. You are not authorized to sell or transfer any account obtained through Cafe Online
assignment rights...
Acceptable use of the Cafe Online and its features Access and use of the Cafe Online is intended solely for your own personal and non-commercial use. Your use of the Cafe Online 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.
In using the Cafe Online, 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
f. Engage in any other conduct that inhibits any other person from using or enjoying the Cafe Online
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
You may not use any device, software or routine intended to damage or interfere with the proper
working of the Cafe Online, or to surreptitiously intercept or sequester any system, data, images or other multimedia elements or personal information from the Cafe Online, 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 may be made publicly available online. As such, by uploading content onto the Cafe Online 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 and that your 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 as a result of you uploading or posting user content on the Cafe Online licensing or providing that user content to us.
You must not upload or submit any user content to the Cafe Online 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 rights under these terms and conditions, Cafe Online does not undertake to monitor the submission of content to or the publication of content on, the Cafe Online.
Age of users
The Cafe Online is not intended for children under the age of 18. By using the Cafe Online 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
with false information in order to create an account please notify us at orders@cafeonline.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 website
The Cafe Online 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
may also be conditioned upon agreement to such third party’s terms and conditions. The Cafe Online 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
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 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.
Termination
We have the right to terminate your use of the Cafe Online, 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, in the event that Cafe Online terminates your use rights contained herein, Cafe Online shall in no way be precluded from pursuing any and all of 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 its officers, employees, agents, subcontractors, licensors and suppliers, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees), resulting from your use of the Cafe Online or your breach of any provision of the Terms of Service herein.
Warranty
The Cafe Online is provided “as is” without any representations or warranties, express or implied. Cafe Online excludes all representations and warranties to the full extent permissible under applicable law. Cafe Online makes no representations or warranties in relation to the Cafe Online or the content, information, and materials stored within the Cafe Online. Cafe Online does not warrant that the Cafe Online will be constantly available or available at all. Cafe Online does not warrant that the content on the Cafe Online is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use the Cafe Online 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 or the server that operates the Cafe Online Smart Mobile Application and linked 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
c. any unauthorized access to or use of Cafe Online servers and/or any and all personal information
and/or financial information stored therein,
d. any interruption or cessation of transmission to or from the Cafe Online
e. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Cafe Online
f. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content transmitted, posted, emailed, or otherwise made available via the Cafe Online.
Cafe Online does not warrant, endorse, guarantee, or assume responsibility for any product or service
advertised or offered through the Cafe Online will not be a party to or in any way be responsible for monitoring any of 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 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
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 bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Café Online 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 whether based on warranty, the contract, tort, or any other legal theory.