1. By completing the Members Application Form you confirm you have reviewed, understood and agree to these The Coffee Club VIP Club Program terms.
2. We reserve the right to change these terms from time to time, and you agree that each time you use the VIP Club Card you accept the terms as existing at that time on http://www.coffeeclub.com.au/vip-club.
3. Participation in the VIP Club Program is open only to individuals (including employees of The Coffee Club Stores and The Coffee Club). Participation is offered at the discretion of The Coffee Club, who has the right to accept or reject any application to participate at its sole discretion.
4. Membership to The Coffee Club VIP Club Program entails an annual $25.00 administration fee and Membership continues for 12 months.
5. The Coffee Club VIP Club Cards are not debit, credit or charge cards, are not transferable and remain the property of The Coffee Club.
6. The Coffee Club VIP Club Card is a reward card only and benefits can only be applied upon presentation and swiping of the physical VIP Club Card by the relevant VIP Club Card Member.
7. VIP Club Card is only valid at The Coffee Club Stores within Australia and is not valid with any other coupons, vouchers, discounts or in-store offers, nor can the VIP Club Card be used on public holidays.
8. The VIP CLUB BENEFITS provided are:
(a) buy one hot beverage get one hot beverage free of equal or lesser value, this benefit being valid for the Member only, the free beverage excludes any promotional (limited time only) beverage or beverages including liqueur, syrups or added extras and is limited to 2 free beverages per visit, the free beverage to be provided at the time as the provision of the paid beverage.
(b) the 10% discount off all other food and cold beverages purchases benefit applies on Mondays, Tuesdays and Wednesdays to the relevant Member’s total bill, excluding any alcohol and retail merchandise, takeaway goods, specials/discounted goods, free beverages given in the buy one beverage get one free benefit; and
(c) such other VIP Benefits as listed on www.coffeeclub.com.au from time to time.
9. The Coffee Club reserves the right to change the VIP Club Benefits and terms anytime without notice. Terms will be updated on the website www.coffeeclub.com.au.
10. From time to time The Coffee Club may send you offers in conjunction with other loyalty programs operated within The Coffee Club stores.
11. From time to time The Coffee Club may send you offers from partners of The Coffee Club or The Coffee Club stores.
12. Each VIP Club Card is valid for one person only and cannot be used by any person other than the Member whose name appears on the VIP Club Card issued.
13. The Coffee Club is not responsible for lost, damaged or stolen cards and a charge will apply for the replacement of any card.
14. Membership may be cancelled/refused to individuals by The Coffee Club at its discretion, if Membership is deemed to be fraudulent, linked to a fraudulent Membership and/or a Member engages at any The Coffee Club Store and/or to a The Coffee Club or The Coffee Club Store employee in a derogatory, harmful, drunken and/or manner otherwise regarded by The Coffee Club as highly inappropriate.
15. You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of The Coffee Club VIP Club Card, your participation in The Coffee Club VIP Club Program, The Coffee Club giveaways, prizes or vouchers issued or any other transaction within or resulting from The Coffee Club VIP Club Program.
16. Any failure or delay by The Coffee Club in exercising its rights under these Terms does not constitute a waiver of those rights and any waiver by The Coffee Club must be in writing and signed by an authorised officer of The Coffee Club.
17. The Coffee Club reserves the right to terminate The Coffee Club VIP Club Program at any time by giving you at least 30 days prior written notice in which case you will cease to be able to use and/or participate within The Coffee Club VIP Program and The Coffee Club shall have no further liability to you.
18. Except as provided in any law which cannot lawfully be excluded or modified by agreement, The Coffee Club does not accept any liability whatsoever, including for negligent acts and omissions, with respect to:
a) the breach of any of these terms or any term implied by law (including statute) by any person other than The Coffee Club;
b) any VIP Club Benefit or other reward, prize or giveaway;
c) any death or injury or consequential loss or damage arising from the supply of a VIP Benefit and/or other reward, prize, giveaway;
d) the loss, theft or destruction of a The Coffee Club Card or any other VIP Club Benefit or other reward, prize, giveaway;
e) any failure, delay or inability to provide a The Coffee Club VIP Club Card or other VIP Club Benefit or other reward, prize, giveaway to you caused by circumstances beyond its control, including strikes or industrial disputes, acts of God, flood, weather, war or civil disturbance; and
f) any other liability, loss or damage incurred or suffered by any Member (or any other person) in connection with The Coffee Club VIP Club Program.
19. The Coffee Club may give you notice:
a) by advertisement in a newspaper circulating throughout Australia;
b) by email or sms (to the last known email address or mobile number provided), which you are taken to have received upon the sender receiving confirmation the message has been sent;
c) by The Coffee Club website (www.coffeeclub.com.au), which you are taken to have received within 5 days of posting on the website; or
d) in writing, which you are taken to have received if issued by hand, immediately, or given by post on the earlier of the date of receipt or 3 days after it was sent via post.
20. You must advise The Coffee Club of any change of name, address, or other details as soon as the change occurs. The Coffee Club is not responsible for any failure by you to notify The Coffee Club of the change that may result in the loss of The Coffee Club VIP Club Benefits and/or any other rewards, prizes, giveaways. Written proof acceptable to The Coffee Club must be supplied for any change of details. Changes to address can be made by email to email@example.com or in writing to The Coffee Club, PO Box 5786, West End QLD 4101.
21. These terms will be construed according to and governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts in Queensland.
22. You consent to us, our franchisees, licensees, and business partners contacting you from time to time, including via telephone, post, facsimile and electronic (i.e. sms, Internet) methods.
(a) Application Form means The Coffee Club VIP Club Application Form required to be completed by the individual to become a member.
(b) Member means the person who is a member of The Coffee Club VIP Club Program and whose name is printed on the VIP Club Card.
(c) The Coffee Club Store means The Coffee Club store, whether it be a franchise or corporately owned and/or operated.
(d) The Coffee Club VIP Club Program means the loyalty program operated and managed by The Coffee Club by which a Member may receive the VIP Club Benefits in accordance with these Terms.
(e) VIP Club Benefits means the facilities, services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time.
(f) VIP Club Card means The Coffee Club VIP Club Card provided by The Coffee Club for use by each Member in relation to The Coffee Club VIP Club Program.
(g) We/us/The Coffee Club means The Coffee Club Franchising Company Pty Ltd ACN 128 563 333.
The Coffee Club VIP Club “Win Breakfast for a Year” Competition
1. Information on how to enter & prizes form part of these Terms & Conditions.
Any entry not complying with these Terms & Conditions is invalid. Entry into the promotion is deemed to be an acceptance of these Terms & Conditions.
2. The Coffee Club VIP Club ‘Win Breakfast for a Year’ Competition (‘Competition’) commences at 6.00 am AEST on 30 January 2017 and closes at 9.00 pm AEST on 12 March 2017 (‘Promotional Period’). Taking part in this Competition constitutes acceptance of these terms and conditions.
3. The promoter of the Competition is The Coffee Club Franchising Company Pty Ltd ACN 128 563 333, of Level 13, 199 Grey Street, Brisbane QLD 4101 (‘The Coffee Club’).
4. To be eligible for entry (‘Eligible Entrants’) into the Competition you must be a The Coffee Club VIP Club customer and be 18 years of age or older. Directors and employees of the Promoter, its related entities, agencies and companies associated with this Competition, and their immediately families, are ineligible to enter.
5. There is only one winner and one Prize. The total prize pool is valued at $1,040 consisting of 52 x $20 The Coffee Club Cash Vouchers valid at The Coffee Club stores in Australia (‘the Prize’). The Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prizes.
6. To register for the Competition, Eligible Entrants must purchase any of The Coffee Club Avocado Smash & Feta range (Avocado Feta, Poached Egg, Bacon, Smoked Salmon, Chicken & Bacon or Bacon, Poached Egg and Hollandaise Sauce) during the Promotional Period and swipe their VIP card at the time of purchase (‘Qualifying Participants’). Qualifying Participants will be automatically entered into the draw.
7. Members can enter as many times as they like during the promotional period.
8. The winner will be chosen at random from all qualifying participants on 13 March 2017 at 2.00pm at Customology, 17 Archimedes Place, Murarrie, Queensland, 4172 (‘Draw Date’).
9. The winner will be notified on their contact number and in writing within two (2) days of the Draw Date. The winner’s details will be announced online at thecoffeeclub.com.au.
10. The Winner must claim their Prize in the manner set out in the email informing them that they have won. Travel and any other associated costs in accepting a Prize, is the sole responsibility of the Winner.
11. The Coffee Club and associated agencies accept no responsibility for loss, damage, accident, death or injury resulting from the Competition.
12. Prizes are not transferable or exchangeable and cannot be taken as cash. The Winners accept the Prize ‘as is’ and acknowledge that The Coffee Club accepts no responsibility for any tax implications that may arise from the Prize winnings. The Winner should seek advice from the Australian Tax Office or their own taxation adviser or independent financial adviser.
13. No correspondence will be entered into. The Promoter’s decision is final.
14. The Promoter will use its best endeavours to provide the Prize stated. If the Prizes or any element thereof are unavailable for whatever reason, the Promoter reserves the right to substitute for that Prize or item a prize of an equivalent value subject to any written directions given under applicable trade promotion laws and regulations.
15. If for any reason whatsoever beyond the reasonable control of the Promoter, the Competition is not capable of being conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any entrant; and/or (b) subject to any written directions from a regulatory authority, to cancel, suspend, modify, terminate or cancel the Competition.
16. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry that is not in accordance with these Terms & Conditions.
17. The Promoter reserves the right to re-judge a prize in the event of any entrant being unable to satisfy these competition conditions or forfeiting or not claiming a prize. If any prize remains unclaimed or forfeited through ineligibility or otherwise, the Promoter will conduct a further judging, as required.
18. The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law
19. The winners agree that the Promoter may use their name and photographs of them for publicity and promotional purposes, without compensation, and that the Promoter will own copyright in any such photographs and in all material incorporating the photographs.
20. If for any reason this promotion is not capable of running as planned (whether caused by infection by computer virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the promotion), the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the promotion. The Promoter may in its sole discretion disqualify any individual who tampers with the entry process.
21. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
23. The Promoter collects personal information in order to conduct the Competition, and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers, and, as required, to Australian regulatory authorities. Entry is conditional on providing this information.
24. By entering the promotion, each entrant agrees in addition to the above uses, that the Promoter may disclose entrants’ personal information, to State and Territory lottery departments, the winners’ names will be published as required under the relevant lottery legislation and the Promoter may publish or cause to be published the winners’ names and suburb in any media.
25. To the extent it is legally possible, this agreement is governed by the laws of the Queensland, Australia, and the parties submit to the jurisdiction of the courts of Queensland, Australia