Terms of Service for CoffeeGrab Limited

Welcome to CoffeeGrab! These Terms of Service ("Terms") govern your use of the CoffeeGrab mobile application and services (collectively, the "Service") operated by CoffeeGrab Limited ("CoffeeGrab," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

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1. Definitions

  • "User" refers to anyone who accesses or uses the Service, including both Customers and Café Partners.
  • "Customer" refers to individuals who use the Service to order products from Café Partners.
  • "Café Partner" or "Merchant" refers to cafés or businesses that offer products through the Service.
  • "Order Data" refers to information related to orders placed by Customers, including but not limited to order details, preferences, and interaction data.
  • "CoffeePoints" refers to credits issued by CoffeeGrab that can be used within the Service.

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2. Eligibility

  • Customers: You must be at least 16 years old to use the Service. If you are under 18, you must have your parent or legal guardian review and agree to these Terms on your behalf.
  • Café Partners: You must be at least 18 years old and have the legal capacity to enter into agreements on behalf of your business.

By using the Service, you represent and warrant that you meet the applicable age requirements.

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3. Account Registration and Security

Customers:

  • Registration: To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your information updated.
  • Account Security: You are responsible for safeguarding your password and agree not to disclose it to any third party. You are solely responsible for any activities or actions under your account.

Café Partners:

  • Business Information: You must provide accurate and complete business information, including business name, address, contact details, and any required licences or permits.
  • Verification: You authorise CoffeeGrab to verify your information, including conducting background checks or requesting additional documentation.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities conducted through your account.

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4. Use of Service

Customers:

  • Ordering: You may use the Service to order products from Café Partners. All orders are subject to acceptance by the Café Partner.
  • Payment: You agree to pay all charges incurred through your account, including applicable taxes and fees.
  • Order Review: Please review your order carefully before confirming to ensure all details are correct.
  • Special Requirements: If you have any allergies or special requirements, include them in your order notes and confirm with the café upon pickup.
  • Prohibited Conduct: You agree not to engage in abusive, profane, obscene, or harassing language or behaviour towards Café Partners, their staff, or other customers.

Café Partners:

  • Order Fulfilment: You agree to prepare and make available the products ordered by Customers in a timely and professional manner.
  • Compliance: You must comply with all applicable laws, regulations, and standards related to your business and the products you offer.
  • Professional Conduct: Café Partners and their staff agree to treat Customers respectfully and refrain from using abusive, profane, obscene, or harassing language or behaviour.
  • Handling Issues: Address customer concerns promptly and professionally. If unable to resolve the issue in-store, contact our support team for assistance.

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5. Data Collection and Use

  • Order Data:
    • Collection: We collect data related to orders placed by Customers, including product selections, preferences, and interaction patterns within the app.
    • Usage: CoffeeGrab may use Order Data to improve the Service, enhance user experience, and for analytical purposes.
    • Anonymised Data Sharing: We reserve the right to share anonymised and aggregated Order Data with third parties for business or research purposes. This data will not identify individual Users.
  • Personal Data:
    • Privacy Policy: All personal data collected will be handled in accordance with our separate Privacy Policy, which is incorporated by reference into these Terms. We are committed to protecting your privacy and will not share personally identifiable information without your consent, except as outlined in the Privacy Policy.

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6. Content and Intellectual Property

User-Generated Content:

  • Limited Scope: The Service does not primarily involve Users uploading content; however, any information or feedback provided by Users is considered under this section.
  • Responsibility: You are responsible for any content you submit through customer support or feedback channels. Such content must not be abusive, offensive, or violate any laws or third-party rights.

CoffeeGrab Property:

  • All rights, titles, and interests in the Service, including software, logos, design elements, and content, are owned by CoffeeGrab and are protected by intellectual property laws.
  • Users agree not to reproduce, distribute, modify, or create derivative works of any part of the Service without CoffeeGrab's prior written consent.

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7. Permissions and Marketing

Café Partners:

  • Licence Grant: By participating in the Service, you grant CoffeeGrab a non-exclusive, royalty-free, worldwide licence to use your business name, logo, trademarks, service marks, and images ("Merchant Materials") for the purpose of operating, promoting, and improving the Service.
  • Marketing Materials: This licence includes the right to display, reproduce, and distribute Merchant Materials in marketing materials, advertisements, social media, and other promotional activities.
  • Consent: You confirm that you have the right to grant this licence and that the use of Merchant Materials by CoffeeGrab will not infringe any third-party rights.

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8. Prohibited Conduct

General Prohibitions:

You agree not to engage in any of the following prohibited activities:

  • Abusive Behaviour:
    • Using abusive, threatening, harassing, profane, obscene, or NSFW (Not Safe For Work) language or behaviour towards other Users, Café Partners, their staff, or CoffeeGrab employees.
  • System Integrity:
    • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
  • Unauthorised Access:
    • Accessing any content or data not intended for you, or logging into a server or account that you are not authorised to access.
  • Disruption:
    • Interfering with the proper working of the Service, including by introducing viruses, malware, or any other harmful material.
  • Illegal Activities:
    • Using the Service for any unlawful purpose or in violation of any local, regional, national, or international law.
  • Data Harvesting:
    • Collecting or harvesting any personally identifiable information, including account names, from the Service without proper authorisation.
  • Impersonation:
    • Impersonating another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

9. Payments and Fees

Customers:

  • Pricing: All prices are set by Café Partners and are subject to change. Prices include applicable taxes unless stated otherwise.
  • Payment Processing: Payments are processed securely through third-party payment providers. By making a purchase, you agree to the terms and conditions of the payment provider.

Café Partners:

  • Commission and Fees: CoffeeGrab may charge a commission or service fee on orders processed through the Service. The details of such fees will be provided separately.
  • Payouts: CoffeeGrab will remit payments to Café Partners, less any applicable fees, on a regular schedule as agreed upon.

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10. Refund and Cancellation Policy

10.1 Refund Eligibility

  • Café Failures:
    • If the café fails to prepare your coffee, you are eligible for a full refund.
    • If there is a significant delay in the preparation of your order beyond the estimated pickup time, you may request a refund.
  • Incorrect Orders:
    • If you receive the wrong order, you are eligible for a refund or a replacement, at the discretion of the café.
  • Order Cancellations by Customer:
    • You may request to cancel your order before the café begins preparing it.
    • Refunds for such cancellations are subject to the café's approval.

10.2 No-Refund Scenarios

  • Prepared Orders:
    • Once the café has started preparing your order, refunds are not available unless due to café error.
  • Quality Issues:
    • Quality concerns should be addressed directly with the café at the time of pickup.
    • The café may choose to remake your beverage, but refunds are not guaranteed.

10.3 Process for Refunds and Cancellations

  • Requesting a Refund or Cancellation:
    • Customers:
      • To request a refund or cancellation, contact our customer support team through the app or email us at support@coffeegrab.com on the same day of your order.
    • Café Partners:
      • If a customer approaches you directly with a refund request, please direct them to our customer support team.
  • Customer Support Team:
    • We have a dedicated customer service team to handle refund and cancellation requests.
    • Our team will review your case and respond within 3 business days.

10.4 Time Frame for Refund Requests

  • Same-Day Requests:
    • Refund requests must be submitted on the same day of the order.
  • Late Requests:
    • Refund requests made after this period will not be accepted.

10.5 Method of Refund

  • Credits:
    • Approved refunds will be issued as CoffeePoints credited to your CoffeeGrab account.
  • Processing Time:
    • Refunds will be processed within 3 business days after approval.

10.6 Dispute Resolution

  • Initial Resolution:
    • Our disputes team will review refund cases and provide a response within 5 business days.
  • Escalation Process:
    • If you are unsatisfied with the initial response, you may request an escalation by emailing disputes@coffeegrab.com.
    • A senior team member will review the case, and the final decision will rest with CoffeeGrab.
  • Prevention of Abuse:
    • Repeated unfounded claims may result in denial of refunds and potential suspension of your account.

11. Privacy

  • Privacy Policy: Your use of the Service is also governed by our separate Privacy Policy, which is incorporated by reference into these Terms.
  • Data Protection: CoffeeGrab is committed to protecting your personal information. Please review the Privacy Policy for details.

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12. Termination

  • By User: You may terminate your account at any time by following the instructions within the Service.
  • By CoffeeGrab: We may suspend or terminate your account or access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, a breach of these Terms.
  • Effect of Termination: Upon termination, all rights granted to you under these Terms will cease immediately.

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13. Disclaimers

  • As-Is Basis: The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
  • No Warranty: CoffeeGrab does not guarantee the accuracy, completeness, or usefulness of any content or the availability or quality of products offered by Café Partners. We do not warrant that the Service will meet your requirements or be uninterrupted, secure, or error-free.

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14. Limitation of Liability

  • Indirect Damages: To the fullest extent permitted by law, CoffeeGrab, its affiliates, directors, employees, partners, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, goodwill, or other intangible losses.
  • Total Liability: CoffeeGrab's total liability to you for all claims arising from the use of the Service shall not exceed the amount paid by you to CoffeeGrab in the past twelve months.

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15. Indemnification

You agree to indemnify, defend, and hold harmless CoffeeGrab, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or connected with:

  • Your Use: Your access to or use of the Service.
  • Violation: Your violation of these Terms.
  • Conduct: Your abusive or unlawful conduct towards other Users, Café Partners, or CoffeeGrab staff.

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16. Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

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17. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the New Zealand Arbitration Centre. The arbitration shall be conducted in Auckland, New Zealand, and the decision of the arbitrator shall be final and binding on the parties.

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18. Changes to Terms

  • Modifications: We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on the Service and updating the "Last Updated" date.
  • Acceptance of Changes: Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

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19. Entire Agreement

These Terms, along with the separate Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and CoffeeGrab regarding the Service.

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20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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21. Waiver

CoffeeGrab's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

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22. Contact Us

If you have any questions about these Terms, please contact us at:

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Additional Terms for Café Partners

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23. Compliance and Representations

  • Licences and Permits: You represent and warrant that you hold all necessary licences, permits, and approvals required to operate your business and offer products through the Service.
  • Legal Compliance: You agree to comply with all applicable laws, regulations, and industry standards, including health and safety regulations.

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24. Product Quality and Safety

  • Responsibility: You are solely responsible for the quality, safety, and legality of the products you offer.
  • Product Descriptions: You agree to provide accurate descriptions and images of your products.

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25. Insurance

  • Coverage: You agree to maintain adequate insurance coverage for your business operations, including public liability insurance.
  • Proof of Insurance: Upon request, you shall provide CoffeeGrab with proof of such insurance.

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26. Data Protection

  • Customer Information: You agree to handle all customer data obtained through the Service in compliance with applicable data protection and privacy laws.
  • Use of Data: You shall not use customer information for any purpose other than fulfilling orders and providing customer service.

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27. Termination by Café Partner

  • Notice Period: You may terminate your participation as a Café Partner by providing at least 30 days' written notice to CoffeeGrab.
  • Outstanding Obligations: Termination does not relieve you of any obligations to fulfil outstanding orders or resolve disputes.

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28. Promotional Activities

  • Consent for Marketing: By using the Service, you consent to CoffeeGrab using your Merchant Materials for marketing and promotional purposes without additional compensation.
  • Right to Opt-Out: If you wish to opt out of certain marketing activities, you must provide written notice to CoffeeGrab specifying the activities you wish to exclude.
  • Marketing Guidelines: All marketing efforts will be conducted in a manner that reflects positively on both parties.

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29. Reviews and Ratings

  • User Reviews: Customers may leave reviews and ratings about their experiences. CoffeeGrab does not modify or censor user reviews unless they violate our policies.
  • Responding to Reviews: Café Partners may respond to reviews in a professional manner through the tools provided in the Service.
  • Prohibited Actions: You shall not post fake reviews or attempt to manipulate ratings.

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30. Independent Contractors

  • Relationship: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and CoffeeGrab.
  • Authority: You have no authority to bind CoffeeGrab or make representations on our behalf.

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31. Force Majeure

CoffeeGrab shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including natural disasters, acts of government, or technical failures.

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32. Assignment

  • By You: You may not assign or transfer your rights or obligations under these Terms without CoffeeGrab's prior written consent.
  • By CoffeeGrab: We may assign or transfer our rights and obligations under these Terms without restriction.

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33. Electronic Communications

  • Consent: By using the Service, you consent to receive electronic communications from CoffeeGrab, including notices and updates.
  • Opt-Out: You may opt out of non-essential communications by following the unsubscribe instructions.

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34. Feedback

  • Submission: If you provide feedback or suggestions, you grant CoffeeGrab a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose.
  • No Obligation: CoffeeGrab is not obligated to use or compensate you for any feedback provided.

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35. Third-Party Services

  • Integration: The Service may contain links or integrations to third-party websites or services.
  • No Endorsement: CoffeeGrab does not endorse and is not responsible for the content, products, or services on or available from third-party sites.

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Acknowledgement

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions applicable to you.

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