Terms and Conditions

CafeGet Terms and Conditions

Updated 30 August 2017

Definitions

Information

Information means any content, words, letters, photographs, media, reviews, illustrations, advertisements, website links, programming and/or uploads which have been included on the CafeGet Website and/or CafeGet App.  

You

You means any user under any membership such as the ‘Customer’, ‘Cafe’ and ‘Loyalty’ CafeGet membership, as well as general users of CafeGet who have not signed up for any membership, who access, use, view, participate and/or load any webpage on the CafeGet Website and/or CafeGet App.

CafeGet App

CafeGet App means the CafeGet iOS app or android app downloaded from the apple Itunes store and/or the Google Play store respectively.

CafeGet Website and/or CafeGet App

CafeGet Website and/or CafeGet App means www.cafeget.com.au or https://www.cafeget.com.au or http://www.cafeget.com.au

CafeGet

CafeGet means Makon Solutions Pty Ltd ABN: 96621212217

Loyalty Member

The entity who has registered as a ‘Loyalty’ member on the CafeGet Website and/or CafeGet App and who has currently listed or previously listed loyalty items on their listing. This includes the "Loyalty" and "Loyalty 3 MONTH TRIAL" membership.

Words importing the singular only shall also include the plural (and vice versa)

Words importing one gender shall include every gender

Words importing persons shall include individuals, corporations, associations and partnerships

 

Consent by User

By accessing, using, viewing, participating and/or loading any webpage on the CafeGet Website and/or CafeGet App, You consent to these terms and conditions. If any entity who does not agree or cannot comply with these Terms and Conditions the entity must not access, use, view, participate and/or load any webpage on CafeGet (www.cafeget.com.au).

Using CafeGet

You:

  1. Must supply accurate and current information when registering on the CafeGet Website and/or CafeGet App
  2. Are responsible for the safekeeping of Your CafeGet Website and/or CafeGet App password.
  3. Acknowledge that CafeGet will assume when logged in to the CafeGet Website and/or CafeGet App You or another entity You have authorised are logged in.
  4. Must notify us immediately if you become aware of any unauthorised use of Your CafeGet username or password.
  5. Acknowledge CafeGet may cancel, suspend and/or remove Your account from the CafeGet Website and/or CafeGet App for any reason and without notice. Reasons may include but are not limited to, the violation of any of these Terms and Conditions and/or the inappropriate use of the CafeGet Website and/or CafeGet App. Following any such termination, CafeGet shall have no further obligations, responsibilities or liabilities to You.
  6. Acknowledges that CafeGet may in its discretion, and without any liability to you or any third party, remove any of Your content, block access to Your account, edit or remove any of Your Information and/or disclose any of Your Information to any government regulatory authority or court,
  7. Acknowledge that if You cancel your CafeGet Website and/or CafeGet App account or if Your account is terminated by CafeGet, all of Your Information may remain on the CafeGet Website and/or CafeGet App even after Your account has been cancelled.
  8. Are not authorised to sell or transfer any account obtained through the CafeGet Website and/or CafeGet App.
  9. Must not violate any state, territory or federal law.
  10. Must not impersonate any other entity.
  11. Must not include Information that is intellectual property of another entity, You do not have permission to include, is harmful, not in accordance with any state, territory or federal law, contravenes the privacy of another entity, harasses another entity, is defamatory, or objectionable to another entity.
  12. Must not upload or include any viruses, malware, spyware and/or of the like that may compromise or damage the operation of the CafeGet Website and/or CafeGet App.
  13. Acknowledge the Information you include on the CafeGet Website and/or CafeGet App is made publically available and You authorise to CafeGet globally an irrevocable, non-exclusive royalty-free license to use, reproduce, adapt, publish, translate and distribute Your content in any existing or future platform. You also authorise CafeGet the right to sub-license these rights, and the right to bring an action for infringement of these rights.
  14. Warrant that Your Information is owned by you when included on the CafeGet Website and/or CafeGet App and that Your Information and the licensing or provision of Your Information to us (including us exercising the rights authorised 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.
  15. Agree to pay any royalties, fees, or other monies owing to any entity as a result of You including Information or You licensing or providing that Information to us.
  16. Must not include any Information on the CafeGet Website and/or CafeGet App that is or has ever been the subject of any threatened or legal proceedings or other similar complaint.
  17. Are over the age of 18 years old.
  18. Acknowledge and agree that CafeGet does not and has not endorsed and is not responsible for any content provided through a 3rd party link provided as Information on the CafeGet Website and/or CafeGet App. Further, You acknowledge that CafeGet is not responsible for reviewing or testing the content, accuracy, completeness, speed, validity, copyright compliance, legality, decency, quality or any other aspect of such third party web sites or content.
  19. Must not re-publish, copy or re-use any part of the CafeGet Website and/or CafeGet App without direct authorisation by CafeGet in writing.
  20. Agree to indemnify, defend and hold harmless CafeGet and each of their respective directors, officers, employees, agents, contractors, licensors and suppliers, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees on a lawyer-client basis), resulting from Your use of the CafeGet Website and/or CafeGet App, or your breach of any provision of these Terms and Conditions.
  21. Acknowledge and agree that any products or services (such as loyalty items) displayed on the CafeGet Website and/or CafeGet App by Loyalty members are not available to be purchased from CafeGet and are not connected to CafeGet whatsoever. You acknowledge that they are only available from the Loyalty member. Further you acknowledge that the Loyalty member is the provider of the products and services and is solely responsible for the provision of any goods, services or benefits which you believe you are entitled to.   
  22. If You are or was a Loyalty member will  honour and/or will  provide any loyalty items and/or points you have listed on the CafeGet Website and/or CafeGet App to eligible CafeGet users
  23. If You are or was a Loyalty member, are responsible for the currency of the loyalty items and specific points you set in your Dashboard and will not hold CafeGet or any other entity responsible or liable for any Information you have included.
  24. If You are or was a Loyalty member, acknowledges that if your account is suspended, cancelled, downgraded to another membership for any reason or otherwise terminated, you will not be able to use CafeGet’s Loyalty Program and you may have disgruntled and/or dissatisfied customers. You will not hold CafeGet or any other entity responsible or liable for any action or claim for losses from any entity against You.
  25. If You are or was a Loyalty member, acknowledges that if your membership is downgraded to any other membership for any reason, the CafeGet Loyalty System will not be available to be used by you or any of you customers. If you then subsequently upgrade your account to the 'Loyalty' membership again in future, any points and history of points awarded will remain on your account and displayed on the CafeGet Website and/or CafeGet App. If you wish to reset the points, you will have to contact CafeGet and make the appropriate request.
  26. If You are or was a Customer or Cafe member, acknowledges that a Loyalty member may refuse to award any points or loyalty items and that You will not hold CafeGet or any other entity responsible or liable.
  27. If You are or was a Customer or Cafe member, acknowledges that cafes signed up as Loyalty members may go out of business and/or may not exist in future and any points you have accumulated will be lost and no compensation will be provided by CafeGet or any other entity. In this case you will not hold CafeGet or any other entity responsible of liable for any loss of points or items you believe you are entitled to.  
  28. If You are or was a Customer or Cafe member, acknowledges that cafes signed up as Loyalty members may have their account terminated for any reason and any points you have accumulated will be lost and no compensation will be provided by CafeGet or any other entity. In this case you will not hold CafeGet or any other entity responsible of liable for any loss of points or items you believe you are entitled to.
  29. Acknowledge and agree that it is your responsibility to have a connection to the internet and that a connection to the internet is required to operate any functions on the CafeGet Website and/or CafeGet App, including but not limited to (i) the use of any of the loyalty functions, (ii) searching, (iii) sorting, (iv) listing etc.

Information available on the CafeGet Website and/or CafeGet App may not be accurate and may contain errors, viruses and/or computer glitches.

You shall use the information at your own risk. CafeGet exclude all, and You agree and acknowledge that CafeGet exclude all:

  1. Warranties whether express, implied, statutory or otherwise, relating in any way to CafeGet or your use of the CafeGet Website and/or CafeGet App; and
  2. Liability or responsibility (including for negligence) to any User or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any use of the Information on or access through the CafeGet Website and/or CafeGet App for any reason whatsoever (including negligence)
  3. Liability or responsibility to any User or anyone else for the conduct of any Loyalty member
  4. Liability or responsibility to any User or anyone else if any Loyalty member does not honour the distribution of any loyalty items.
  5. Liability or responsibility to any User or anyone else for any errors, mistakes, or inaccuracies of Information
  6. Liability or responsibility to any User or anyone else for any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the CafeGet Website and/or CafeGet App
  7. Liability or responsibility to any User or anyone else for any unauthorised access to or use of the CafeGet Website and/or CafeGet App servers and/or any and all personal information and/or financial information stored therein,
  8. Liability or responsibility to any User or anyone else for any interruption or cessation of transmission to or from the CafeGet Website and/or CafeGet App,
  9. Liability or responsibility to any User or anyone else for any bugs, viruses, trojan horses, or the like which may be transmitted to or through the CafeGet Website and/or CafeGet App,
  10. Liability or responsibility to any User or anyone else for 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 CafeGet Website and/or CafeGet App.

Privacy Policy

Please go to https://www.cafeget.com.au/privacy-policy/ to view and read our privacy policy.

The laws of the State of Victoria in Australia govern these Terms and Conditions.

General

CafeGet may assign or otherwise transfer any or all of its rights arising out of these Terms and Conditions without having to obtain your consent and will notify you of any such assignment or transfer.

Notwithstanding CafeGet’s rights under these terms and conditions, CafeGet does not undertake to monitor or moderate the submission of Information on the CafeGet Website and/or CafeGet App.

The CafeGet Terms and Conditions may change from time to time and will be available on the CafeGet Website and/or CafeGet App. Any revised Terms and Conditions take immediate effect when updated on the CafeGet Website and/or CafeGet App.

Should any part of these Terms and Conditions be or become invalid, that part shall be severed from these Terms and Conditions. Such invalidity shall not affect the validity of the remaining Terms and conditions.

CafeGet Team

Makon Solutions Pty. Ltd.

Suite 827, 585 Little Collins Street, Melbourne Vic 3000

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