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 benefit applies on Mondays, Tuesdays and Wednesdays to the relevant Member’s total bill, excluding any 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 vip@coffeeclub.com.au 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.

23. You agree that you have read and accept the terms of our privacy policy on http://www.coffeeclub.com.au/privacy-policy including without limitation the collection, use and disclosure of personal information.

24. Definitions:

(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.