How can your business take part?

Cafe’s of Australia, we need you

If you’re looking for ways to help reduce your overheads, and support the use of reusable cups thrown away into the environment, we can help by working together.

Effective date: September 2020

1. GENERAL

1.1 EZ Artframe Pty Ltd (ABN 83 613 074 105) and CUPforLIFE is bound by the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth), including guidelines and rules that are made or approved by the Australian Information Commissioner from time to time.

1.2 We collect, hold, use and may disclose personal information provided by users of our platform that provides our users access to a QR Code and ability to scan in cafes to receive a drink, record a purchase of a drink and obtain all rewards and information pertaining to this system (Service). CUPforLIFE is committed to ensuring the privacy of that information.

2. COLLECTION OF PERSONAL INFORMATION

2.1 Collection of some personal information is necessary to enable CUPforLIFE to provide Services to users and to improve the quality of Services we provide.

2.2 Various personal information collected from you may include, but is not limited to:

(a) Personal Data including such information that can be used to identify you or contact you. This information may include, although not limited to your full name, email address, residential or business address, mobile phone number, social media information that may include but not limited to Facebook, Twitter and Instagram.

(b) Service Use Data: feedback information concerning your interaction with the Cup4Life mobile application (App).

(c) Usage Data: information that your web browser sends whenever you visit the Website or when you access the Service from a mobile device or tablet. Such information may include, but is not limited to your IP address, browser type and version, type of mobile device being used, mobile operating system, diagnostic data and time they spent on the Website.

(d) Cookies: files with small amounts of data that may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. Your browser can be directed to refuse all cookies or not accept cookies. This may disable some parts of the Website. The types of cookies that may be used by us are in place to secure access to the Website, ensure any preferences or settings input by our users are saved and can be recalled.

(e) Location Data: information provided by a device that establishes the current geographical position of the device user (together, the Information). These data are used mostly in the mapping system to ensure up to date and real time access to cafes nearby using the App, CUPforLIFE.

3. USE OF PERSONAL INFORMATION

3.1 We may use the Information for the purposes of:

(a) providing the Service to you;

(b) updating the Service or App;

(c) gathering information that will assist us to improve or amend the Service provided to you;

(d) tailoring relevant aspects of the Service to you, based on your preferences;

(e) providing marketing material and associated information to you; and

(f) a purpose permitted or required by law.

3.2 We may also use the Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure.

3.3 If you receive correspondence from us, you may unsubscribe from our mailing lists at any time by contacting us in writing.

3.4 When we collect the Information we will, where appropriate and where possible, explain to you why we are collecting such information and how we plan to use it.

4. DISCLOSING PERSONAL INFORMATION

4.1 We may disclose the Information to the following parties:

Service Providers

(a) We may engage third party companies and individuals to perform services on our behalf. These third parties have access to the Information so that they may perform these tasks on our behalf and ultimately allow us to provide the Service and are prohibited from using the Information for any other purpose than providing assistance. We may permit our service providers to use aggregate information that does not identify you.

Google-Analytics
(b) Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page: https://policies.google.com/privacy?hl=en

(c)Café-Subscribers
We may share the Information with café subscribers of the Service for internal business purposes, including for customer support, marketing, technical operations and for the purposes of providing the Service to you and improving the Service. We may permit our café subscribers access to use aggregate information in the form of an analytics report, which does not identify you.

(d)Business Partners
We may share the Information with our business partners in connection with offering you co-branded services, providing additional services or engaging in joint marketing activities.

5. COLLECTION OF INFORMATION FROM THIRD PARTIES

5.1 Where reasonable and practicable to do so, we will collect the Information only from you. In some circumstances we may be provided with certain information by third parties. In these circumstances we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

5.2 Our Service may contain links to third party websites that are not operated by us. We have no control over, nor do we accept responsibility for policy practices of third party websites.

6. SECURITY OF PERSONAL INFORMATION

6.1 The Information is stored in a manner that reasonably protects it from misuse and loss as well as from unauthorised access, modification or disclosure.

6.2 No method of storage of personal information is 100% secure.

6.3 When the Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify the Information. However, most of the Information is or will be stored by us for a minimum of 7 years.

7. ACCESS TO YOUR PERSONAL INFORMATION

7.1 You may access the Information we hold about you and can update and/or correct it, subject to certain exceptions. If you wish to access your personal information, please contact us in writing by emailing: personalinfo@cupforlife.net.au.

7.2 We will not charge any fee for your access request, but may charge an administrative fee for providing a copy of the Information.

7.3 In order to protect the Information we may require identification from you before releasing the requested information.

8. QUALITY OF PERSONAL INFORMATION

8.1 It is important to us that the Information we collect is up to date. We will take reasonable steps to make sure that the Information is accurate, complete and up-to-date. If you find that the Information is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

9. UPDATES

9.1 This Policy may change from time to time and is available on our website.

10. COMPLAINTS AND ENQUIRIES

10.1 If you have any queries or complaints about our Privacy Policy please contact us at: cupforlife@iinet.net.au

TERMS & CONDITIONS OF USE

Last updated: Sep 2020

1. YOUR AGREEMENT WITH US

1.1 EZ Artframe Pty Ltd (ABN 83 613 074 105) (CUPforLIFE) is a company registered in Australia.

1.2 Please read these Terms and Conditions (Terms) carefully before using the CUPforLIFE mobile application (App).

1.3 You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

2. THE SERVICE

2.1 The App operates as a mobile device installed application and/or an online platform that provides services to consumers of beverages (Customers) and participating retailers of beverages (Retailers), which include but are not limited to:

(a) providing Customers with access to QR Codes that affix to their own cups (or other objects) which allow them to be scanned and recorded, thereby participating in the service and all that it entails,

(b) access to an associated Cup exchange system which facilitates the reuse of Cups by Customers and Retailers. The cups have QR Codes attached that are scanned prior to use; and

(c) a Scan system for Customers who join CUPforLIFE and agree to participate in, so that a customer is able to maintain a loyalty rewards program automatically for every CUPforLIFE café which they frequent where they make a purchase of an eligible beverage. The total number of eligible beverages purchased is displayed on the App, however, due to varying requirements between retailers for earning the free “rewards” beverage, the app will also indicate how many purchases at each café frequented is required before a free drink is earned at that cafe.

2.2 The App and Service is owned, operated and provided by CUPFORLIFE and use of the App and Service are subject to these Terms.

2.3 Your access to and use of the App and Service is conditional on your acceptance of, and compliance with these Terms. If you disagree with any part of these Terms then you may not access or use the App or Service.

3. REGISTRATION OF ACCOUNT

3.1 In order to login to the App and begin using the Service, you are required to download the CUPFORLIFE App and setup/register an account. The App is then activated when you scan an appropriate QR Code that can be sent to you or acquired from a participating café as a hard copy.

3.1.2 There will be a small fee charged for the QR Code to help cover the cost of generation and delivery of the QR Code.

3.1.3 The QR code is then to be affixed to your personal reusable cup so it can be scanned. For those who are not able to affix the QR code to their particular cup for whatever reason, it will also be possible to scan the QR code on your phone instead when purchasing your drink.

3.2 If you are a Customer and you wish to create an Account, you may be required to provide CUPFORLIFE with some or all of the following information:

(a) your full name, postal address, email address, telephone number and postcode;

(b) a username; and

(c) a password.
3.3 If you are a Retailer and you wish to create an Account, you may be required to provide CUPforLIFE with some or all of the following information:

(a) the details of the Business, including: business name, business address; business contact phone number, business email address; business operating hours.

(b) an official record of registration of the Business from the Australian Securities Investment Commission (ASIC) which includes an Australian Business Number (ABN) or Australian Company Number (CAN); and

(c) a username;

(d) a password; and

(e) a brief description of the Business.

3.4 For information on how your information may be used, please refer to our Privacy Policy.

3.5 Upon the lodgement of information required to register a Business (Retailer) account, CUPforLIFE will review your application as quickly as possible and endeavour to finalise your registration within 48 hours.

3.6 CUPforLIFE may request additional information from you to verify your Account before it will finalise your registration.

3.7 Once your application has been finalised and activated, you will be a registered account holder (Account Holder) and will be able to use your Account details to login to the App and access the Service.

3.8 You warrant that any information provided by you as part of the Account registration process is true and accurate at the time of registration.

3.9 You warrant that if you are applying for an Account on behalf of a Retailer, that you have the authority to do so.

3.10 You understand that by providing CUPforLIFE with any information as part of the registration process that you may from time to time, receive emails, SMS messages, newsletters and marketing material from CUPforLIFE. If you do not to wish receive updates or correspondence from CUPforLIFE, you may contact CUPforLIFE at: cupforlife@iinet.net.au and unsubscribe at anytime.

3.11 As a Retailer, you understand that by registering an Account, you agree to allow CUPFORLIFE to promote that you are a Retailer and that you are a user of the Service, among Customers and among potential customers.

3.12 You may not register for an Account and subsequently may not use the Service if:

(a) you are not of a legal age to form a binding agreement with CUPforLIFE; and/or

(b) you have previously had your Account terminated within the past six months.

4. OBLIGATIONS OF ACCOUNT HOLDERS

4.1 As an Account Holder, you agree to comply with the following:

(a) not to share your Account details with any other person, except where you are a Retailer and authorise the use of the Account with employees or other registered owners, directors or managers of the Retailer;

(b) use the App and the Service for the purposes that are permitted by these Terms and accepted practice;

(c) notify CUPforLIFE immediately following unauthorised use of your Account;

(d) not expressly or impliedly impersonate another Account Holder or use the login details of another Account Holder, without that Account Holders consent; and

(e) not to use the App or Account for any illegal or unauthorised use, including but not limited to collecting details of other Account Holders for the purposes of sending unsolicited correspondence.

5. SUBSCRIPTION TO SERVICE

5.1 In order to participate in the Service, Customers and Retailers will be required to subscribe to the Service by completing and submitting the subscription information on the App.

5.2 Upon registration as an Account Holder CUPforLIFE will:

(a) allow the consumer to download a QR code that is unique to that customer on their mobile device and stored on that device. A physical hard copy of the QR code may be affixed to the consumer’s own personal reusable cup so that it can be scanned at participating cafes.

(b) ensure a digital and hard copy (posted or obtained from local Cafe) of a unique QR code is sent to each customer, both café and consumer.

6. BILLING & PAYMENTS

6.4 Failure by the Customer and Retailer to comply with the terms and conditions set out herein will result in suspension of the Service and suspension of the benefits of the Service, until such time as the failure is rectified.

7. THE CUPS –

7.1 Any reusable cup you have purchased and used in the system is your property and your responsibility. If you submit your reusable cup for a drink you acknowledge that you are responsible for its cleanliness and the café while taking all care to ensure you are able to enjoy the drink in your cup, take no responsibility for its hygiene or cleanliness.

7.1.2 If the QR Coded cup is one branded by the café, they will aim to ensure it is clean and up to a significant hygiene standard as to ensure your comfort and safety.

7.2 As a Customer Account Holder, you agree to: Health risk is yours so it is important to maintain a clean cup. Respect the retailer and their filling of your cup as in all cases even without a reusable cup, is at their discretion!

(a) report a missing or damaged QR Coded, Café branded Cup(s) to CUPforLIFE within a reasonable time, so a replacement Cup can be made available in a timely fashion;

(b) ensure each QR Coded, Café branded Cup(s) are kept in good working order and are not damaged, defaced, modified or otherwise altered; and

(c) ensure the QR Coded, Café branded Cup(s) you have hired are promptly returned to a Retailer within the permitted time period.

7.3 As a Retail Account Holder, you agree to:

(a) report any missing QR Coded, Café branded Cup(s) or damaged Cups to CUPforLIFE within a reasonable time, so a replacement Cup can be made available in a timely fashion;

(b) ensure each QR Coded, Café branded Cup(s) are kept in good working order and are not damaged, defaced, modified or otherwise altered; and

(c) ensure returned QR Coded, Café branded Cups are properly cleaned, sanitised and stored to the standards set out in, but not limited to, the Australia New Zealand Food Standards Code and any Local Council requirements, and ready for use by another Customer.

8. THE SCAN SYSTEM

8.1 The Scan System on the App is in place to ensure that every Cup is scanned upon presentation for a drink. Each time a Cup is scanned, data is collected to record the usage to form the basis of any reward-based points system for Customers offered by CUPforLIFE system. Collection of such data is governed by the CUPforLIFE Privacy Policy.

8.2 Each Retailer will have its own scanning point in store, where every Cup must be scanned upon purchase of a beverage from a Retailer.

8.3 As a Customer Account Holder, you agree to scan the Cup each time you obtain a beverage.

8.4 If a Cup is unable to be scanned at the scanning point, you agree to enter the Cup code manually in the ‘Scan Code Issue Report’ or similar section within the App at the time and location of drink purchase.

8.5 At any time, you can check your Cup activity in the dashboard within the App.

8.6 As a Retail Account Holder (Retailer), you agree to:

(a) notify Customers to scan each QR coded Cup that is presented in-store;

(b) ensure that the scanning point is visible in-store and appropriately labelled; and

(c) notify CUPforLIFE immediately in the event the scanning system is damaged, experiencing technical difficulties, is faulty or requires replacement for whatever reason.

9. INTELLECTUAL PROPERTY

9.1 The App and Service and its original content, features and functionality are and will remain the exclusive property of CUPforLIFE.

9.2 The App and Service is protected by copyright, trademark, and other laws of Australia.

9.3 Nothing in these Terms constitutes a transfer of any intellectual property rights from CUPforLIFE to you.

10. CANCELLATION

10.1 If a Customer or Retailer is not satisfied with the Service provided, the Customer or Retailer may notify CUPforLIFE and CUPforLIFE will attempt to resolve the Customer or Retailer’s concerns.

11. DISCLAIMER

11.1 Your use of the App and Service is at your sole risk. The Service is provided on an ‘as is’ and ‘as available’ basis. The App and Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

11.2 CUPforLIFE does not warrant that:

(a) the App and Service will function uninterrupted and that Café branded QR Coded Cups will always be available for use by Customers and Retailers;

(b) any errors or defects in the App or Service will be corrected;

(c) the App is free of viruses or other harmful components; or

(d) the results or use of the App and Service will meet your requirements.

11.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

11.4 CUPforLIFE make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the App or the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of the App Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the App or Service.

12. LIMITED LIABILITY

12.1 You agree that we shall not be liable for any damages suffered as a result of using the App, Service or Café branded QR Coded Cups.

12.2 In no event shall CUPforLIFE be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

12.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the App or Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

12.4 Without limiting the foregoing, in no event will CUPforLIFE aggregate liability to you exceed, in total, the amounts owing by you to CUPforLIFE.

13. GOVERNING LAW

13.1 These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Australia.

13.2 Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created herein, shall be governed, interpreted and construed by the laws of the Commonwealth of Australia.

13.3 The failure by CUPforLIFE to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us, and supersede and replace any prior agreements we might have between us regarding use of App or Service.

14. UPDATES

14.1 These Terms may change from time to time at CUPforLIFE absolute discretion and will be made available to you on the App.

14.2 If a revision to these Terms is considered material, we will provide reasonable notice to you, prior to the changes taking effect.

14.3 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the App and Service. Your continued use of the App and Service will be deemed as your acceptance thereof.

15. CONTACT US

15.1 For questions about these Terms and Conditions please contact us at: cupforlife@iinet.net.au