Set out below are our User terms (Terms). These Terms are entered into between us, RUZI Group Pty Ltd (ABN 34 618 959 032) trading as Co. Cups (we, us, our and other similar expressions) and you, a User (you, your or other similar expressions).
Your use of, registration and access to, the App is subject to these Terms.
1.1 App means the mobile device software application for customers who wish to participate in the Swap Service known as Co. Cups.
1.2 Free Subscription means a subscription where the User pays no subscription fee, but only has limited access to the Swap Service including:
(a) borrowing a maximum of 2 Products at any one time;
(b) returning Products within 14 days of borrowing them or paying the Product Fee; and
(c) a maximum of five uses of the Swap Service per month.
1.3 Insolvency Event means any of the following events in relation to any person: an application is made to the court for an order that it be wound up, declared bankrupt; an administrator or a receiver, receiver and manager, judicial manager, liquidator, administrator, controller or like official is appointed to the person or to the whole or a substantial part of the undertaking or property of the person, including any of its assets; it is insolvent or states that it is insolvent, or it is presumed to be insolvent under an applicable law; it ceases to carry on business or pay its debts as and when they fall due, or threatens to do so; or anything occurs under the law of any jurisdiction which has a substantially similar effect to any of the beforementioned of this definition.
1.4 Intellectual Property Rights means all present and future intellectual, industrial or proprietary rights conferred by statute, at common law or in equity anywhere in the world, whether issued or pending, registered or unregistered, including all forms of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information and circuit layouts.
1.5 Participating Supplier means a beverage supplier registered on the App, who provides the Swap Service to Users.
1.6 Product or Products means Co.Cups branded cups, lids and heat bands (where provided).
1.7 Product Fee means a fee payable by you for any Product that you fail to return to a Participating Supplier, as specified on our website.
1.8 Return Code means the unique four digit code provided to Participating Suppliers that enables you to return Products in-store.
1.9 Subscription Fee means the subscription fee payable if you elect the Premium Subscription service, as specified on our website.
1.10 Swap Service means the reusable coffee cup swap service offered to Users by Participating Suppliers.
1.11 Premium Subscription means a subscription where the User pays the Subscription Fee and receives full access to the Swap Service, including:
(a) borrowing a maximum of 3 Products at any one time;
(b) no required time frame for returning Products;
(c) unlimited uses of the Swap Service; and
(d) a reduced Product Fee.
1.12 User means a natural person who has registered an account on the App.
2.1 To use the App, you must register an account on the App. You can do this by logging in through your Facebook or Google account or manually inserting your details in the App.
2.2 If you log in through your Facebook or Google account, you grant us the right to access and use the details on your Facebook account.
2.3 When registering, you will need to create a username and password which will enable you to access and use the App.
2.4 Upon registration, you will be granted a limited, non-exclusive, non-transferable, revocable right to access and use the App on these Terms.
2.5 You are responsible for all activities that occur under your account. You must:
(a) ensure that you keep your username and password confidential and don’t disclose it to any other person;
(b) not authorise anyone to use your account; and
(c) immediately notify us of any unauthorised use of your password or account or any other breach of security.
2.6 You must not register and we may refuse or terminate your registration if you have previously registered an account to use the App and it was terminated by us within the last twelve (12) months.
3. Use of App
3.1 You must ensure your access and use of the App is not illegal or prohibited by laws that apply to you.
3.2 You must not, nor cause or permit a third party to:
(a) use the App in a manner or for a purpose which is improper, immoral or fraudulent, which restricts or interferes with our provision of the App to any other Users;
(b) reverse engineer, reverse assemble or reverse compile or copy or duplicate or modify or make derivative works of or re-sell all or part of the App (or any of our Intellectual Property Rights in the App)
(c) enter into any transaction relating to:
(i) access or use of the App;
(ii) any part of your account information or access credentials; or
(iii) any of our Intellectual Property Rights in Co. Cups and the App,
with anyone other than us, without our written consent;
(d) gain or attempt to gain unauthorised access to the App, computer systems or networks connected to the App, including through hacking, password mining or any other means.
4. Subscription to the Swap Service
4.1 To participate in the Swap Service, you are required to subscribe to either the Free Subscription or the Premium Subscription upon registration of your account.
4.2 You may change your subscription at any time on the App.
5. Your Obligations
5.1 You agree to:
(a) keep all Products you borrow good condition;
(b) report to us and dispose of any Product that is damaged, defaced, modified or otherwise defective, we will not charge you a Product Fee for returning defective Product;
(c) use the Return Code when returning Product in-store; and
(d) immediately notify us via the App if you experience technical difficulties using the App.
5.2 You must not make any false, misleading or deceptive statements about us, the Products or the Swap Service.
6. Billing and Payments
6.1 Payment of the Subscription Fee will be made by direct debit from your bank account or by charging your credit card, using the details you provide when you register to use the App, monthly in advance.
6.2 If you fail to pay any amount due under these Terms, then we may either suspend your access to the App or terminate your subscription in accordance with clause 8.
7. Term, suspension, termination and refunds
7.1 These Terms apply to your use of, and access to, the App from the date you first accept these Terms and continue until these Terms are terminated.
7.2 We may without notice suspend your access to the App if you breach or are suspected to have breached these Terms.
7.3 If we do need to suspend your access to the App, we’ll act promptly to restore your access if we are satisfied that the reason for suspension has been dealt with.
7.4 Either party may terminate these Terms:
(a) at any time for convenience, by giving the other party at least 30 days’ notice; or
(b) if the other party suffers an Insolvency Event, immediately by giving notice to the other party.
7.5 We may terminate these Terms and end your access to the App at any time by giving you 7 days’ notice where:
(a) if you have been suspended in accordance with clause 7.2, we are not satisfied that the reason for your suspension is able to be dealt with or remedied within 7 days’; or
(b) if you breach these Terms and are unable to remedy the breach within the 7 day notice period.
7.6 Upon termination of these Terms you:
(a) will no longer have access to the App; and
(b) must return all Product in your possession to a Participating Supplier within 5 days of termination, otherwise we will charge you a Product Fee for each unreturned Product.
7.7 If either party terminates in accordance with clause 7.4 at any time during a billing month, we may in our sole discretion, refund you on pro rata basis for the days remaining in that billing month.
8. Privacy – collection notice
8.1 We are committed to your privacy. We generally collect personal information about you directly from you, but may also collect personal information about you from third parties.
8.2 We use the personal information collected to conduct our business, to market our goods and services, to communicate with customers, to comply with our legal obligations and to help us manage and enhance our goods and services. If all the information is not provided, we may not be able to supply our goods and services.
8.3 An individual’s personal information may be disclosed to our related or associated companies, contractors, and, if necessary, to our insurers, debt collectors and credit reporting bodies.
9.1 You must take your own precautions to ensure that your access to the App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices.
9.2 We don’t accept responsibility for any interference or damage to your own computer system or other personal devices which arises in connection with your use of the App or any linked website.
10. App availability
10.1 While we intend to use reasonable endeavours to make the App available for your use on a 24 hour a day, seven days a week basis, you expressly acknowledge and agree that service continuity is not assured and that the App is provided on an ‘as is’ basis. In particular, you agree that on occasions the App may be unavailable or have limited availability including:
(a) to permit routine or emergency maintenance to take place;
(b) to permit upgrades or other development activity to take place;
(c) due to technical malfunctions of your software, equipment or infrastructure (e.g. telecommunications connectivity, network congestion or delays);
(d) due to a force majeure event; or
(e) due to clause 10.3 applying.
10.2 In the case of technical problems which adversely affect your use of the App, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need technical help, you must notify us promptly via email to [email protected].
10.3 We may temporarily limit or suspend the availability of all or part of the App if it is necessary for reasons of public safety, security or maintenance of the App, interoperability of services, data protection or to perform work that is necessary for operational or technical reasons.
11. Intellectual Property Rights
11.1 All Intellectual Property Rights, ideas, concepts, know-how, data processing techniques, data compilations, software and documentation, comprised in or in connection with the Products or the App (including its underlying technology, software, programs, as well as all its respective modifications, developments, updates and enhancements) are owned by us or our licensors. You agree that no transfer of our (or our licensors’) Intellectual Property Rights occurs at any time by the access and use by you of the Products or the App.
11.2 You do not own and must not use, and must not claim any right or title to own or use, the Intellectual Property Rights in the Products or the App, except to the extent such use is permitted under these Terms. You must not dispute or challenge our (or our licensors’) entitlement to own, use or licence the Intellectual Property Rights in the Products or the App, or join any third parties to challenge or contest the validity of those Intellectual Property Rights.
11.3 You agree to notify us promptly of any infringement, or suspected or threatened infringement, of the Intellectual Property Rights in the Products or the App and reasonably co-operate with us in relation to such infringement.
12. Limitation of Liability
12.1 Nothing in these Terms is or should be interpreted as an attempt to modify, limit or exclude any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by legislation which cannot be modified, limited or excluded (Non-Excludable Provision).
12.2 You agree that you do not rely on any guarantee, term, condition, warranty, undertaking, inducement or representation made by us or on our behalf which is not expressly stated in these Terms. In particular, we make no warranty or representation that the App will always be available, accessible, secure or operate without error.
12.3 Subject to our obligations under the Non-Excludable Provisions:
(a) our maximum aggregate liability to you in respect of any one claim or series of connected claims in connection with these Terms or your use of the App, Products or the Swap Service, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, or under an indemnity or otherwise is limited to $100; and
(b) we are not liable to you or any third party for any indirect loss arising in connection with any use or access, or any inability to use or access, or misuse by you or any other party, of the App or otherwise in connection with the App, or your use of the Products or the Swap Service whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, breach of warranty or guarantee, under an indemnity or otherwise and whether or not that loss was foreseeable, even if we have been advised of the possibility of such loss.
13.1 You agree to hold harmless and indemnify us and our officers, agents and employees against any loss, damage, costs or expenses that we, or any of our officers, agents and employees, may incur in connection with your breach of these Terms or any other legal obligation.
14.1 We may amend or update these Terms from time to time.
14.2 If any change to these Terms will significantly affect the provision of the App we will give you at least 14 days’ notice of the change by email.
14.3 If you do not agree to any change to these Terms, you can terminate these Terms in accordance with clause 7.4.
14.4 You agree that your continued use of the App will represent an agreement by you to be bound by the Terms as amended.
15.1 These Terms constitute the entire understanding between the parties.
15.2 Each party represents and warrants that it has the power and authorisations required to enter into and perform its obligations under these Terms.
15.3 No failure or delay of either party in exercising any right, power, or privilege under these Terms (and no course of dealing between the parties) operates as a waiver of any such right, power of privilege.
15.4 If any one or more of the provisions of these Terms are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction or a panel of arbitrators, the remaining provisions of these Terms will be unimpaired and will remain in full force and effect.
15.5 Each party must do everything reasonably required by the other to give full effect to these Terms.
15.6 These Terms are governed exclusively by the laws in force in the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.