Use of this website and the webpages within this website is dependent on your agreement to the following terms. If you do not agree to these terms and conditions, you should not use this website.
1.1.1 The Coffee Club Network do not accept responsibility for any loss, expense or damages, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website or any transaction that occurs as a result of the use of this website, nor do we accept any responsibility for any such loss etc arising out of your use of or reliance on information contained on or accessed through this website. The Coffee Club Network offer no warranties in relation to goods or services sold or listed. The Coffee Club Network also offer no warranty in relation to the availability of any services and/or goods provided.
1.1.2 To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits The Coffee Club Network from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but The Coffee Club Network’s liability will be limited for a breach of that condition or warranty to the cost you paid to access this website.
1.1.3 You must ensure that your access to this website is not illegal or prohibited by laws that may apply to you;
1.1.4 You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to risk of viruses or other form of interference that may damage your own computer system. For the removal of doubt, The Coffee Club Network do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website;
1.1.5 Whilst we have no reason to believe that any information contained on this website is inaccurate, The Coffee Club Network do not warrant the accuracy, adequacy or completeness of such information, nor does The Coffee Club Network undertake to keep this website updated. The Coffee Club Network do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website;
1.1.6 Responsibility for the content of any advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by The Coffee Club Network of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement;
1.1.7 The Coffee Club Network are not responsible for any loss whatsoever a user may suffer including, but not limited to, economic loss, for reliance on, guidelines or comments from any of The Coffee Club Network.
1.2 EXEMPTION TO DISCLAIMER
The disclaimer set out in these Terms does not attempt or purport to exclude liability arising under statute, if, and to the extent, such liability cannot be lawfully excluded.
1.2 LIABILITY AND INDEMNITY
1.2.1 You agree that The Coffee Club Network will be under no liability to you in respect of any loss, expense or damage (including indirect, special or consequential loss or damage) that may be suffered or incurred by you or that may arise directly or indirectly in respect of goods or services supplied pursuant to this website;
1.2.2 You release and indemnify The Coffee Club Network and shall keep each of The Coffee Club Network indemnified against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) that may be instituted against any of The Coffee Club Network arising out of a failure by any of The Coffee Club Network to comply with these Terms;
1.2.3 You also release and indemnify The Coffee Club Network and shall keep each of The Coffee Club Network indemnified against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) that may be instituted against any of The Coffee Club Network arising our of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these Terms.
1.3 LINKED WEBSITES
1.3.1 This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained, and The Coffee Club Network are not responsible for the content or privacy practices associated with linked websites;
1.3.2 Links with linked websites should not be constructed as an endorsement, approval or recommendation by The Coffee Club Network of the owners or operators of those linked websites, or of any information, graphics, materials, goods or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary.
2.0 INTELLECTUAL PROPERTY NOTICES
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Commonwealth) and similar legislation that applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means, without our express written consent: adapt, reproduce, reverse engineer, store, distribute, print, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website.
2.2 TRADE MARKS
2.2.1 Except where otherwise specified, any word or device to which is attached the ™ symbol or ® symbol is a registered trade mark;
2.2.2 If you use any of The Coffee Club Network’s trade marks in reference to The Coffee Club Network’s activities, products or services, it is your responsibility to include a statement attributing that trade mark to us;
2.2.3 It is your responsibility not to use any of our trade marks:
(a) In or as the whole of part of your own trade marks;
(b) In connection with activities, products or services which are not ours;
(c) In a manner which may be confusing, misleading or deceptive; or
(d) In a manner that disparages any of The Coffee Club Network and/or any of The Coffee Club Network’s information, products or services (including this website).
2.3 RESTRICTED USE
Unless we specifically agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not on-sell information obtained from this website.
2.4 DATA TRANSMISSIONS
Any and all data transmission to us through this website will forever be our or our nominee’s property, and we will not be required to treat such as confidential. Nor will we be liable for any ideas for its business (including without limitation, product, service, marketing ideas) and will not incur liability as a result of any similarities that may appear in future The Coffee Club Network operations. Without limitation, we and/or our nominee will have exclusive ownership of all present and future existing rights to the data transmission of every hind and nature everywhere. We and/or our nominees will be entitled to use the data transmission for any commercial or other purpose whatsoever without compensation to you or any other person sending the data transmission. You acknowledge that you are responsible for whatever data you transmit and you have full responsibility for the message, including its legality, copyright, reliability and appropriateness.
3.0 GENERAL PROVISIONS & TERMINOLOGY
3.1.1 We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control;
3.1.2 If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion;
3.1.3 If any of these Terms is held to be invalid, unenforceable or illegal for any reason, then to the extent of such unenforceability, invalidity or illegality it is to be severed from this Agreement and the remaining Terms shall nevertheless continue in full force;
3.1.4 If any Terms of this Agreement together with Terms of The Coffee Club VIP Membership Agreement (where applicable) and any Policies published on this website or the website in use becomes invalid or unenforceable for any reason, then that invalidity or unenforceability will not affect the validity or enforceability of any of the other separate and independent clauses, covenants and restraints in the aforementioned agreements;
3.1.5 You agree that you will only use the website and the information derived from the website solely for the legitimate purposes contemplated by these Terms and in accordance with these Terms;
3.16 In addition to these Terms, you agree to comply with any policies, rulings, procedures, systems and/or forms that we place on this website from time to time;
3.1.7 You agree to act honestly and reasonably in all of your dealings in relation to or on the website.
3.2 GOVERNING LAW
These Terms and Conditions are governed by the laws in force in Queensland, Australia.
In these Terms, the following expressions have the following meanings, unless the context otherwise requires:
“The Coffee Club, we, us or our” means The Coffee Club Franchising Company Pty Ltd, our related entities, associates, and each entities officers, employees, agents and contractors;
“The Coffee Club Network” means The Coffee Club Franchising Company Pty Ltd and its associated entities, Franchisees, licensor and each entities officers, employees, agents and contractors;
“Franchisee” means the entity that operates a The Coffee Club Franchise within a particular location.