These terms and conditions (Terms) form the agreement between LifeGrain Pty Ltd (ABN 23 648 844 375) of P/O Box 185 Randwick 2031 (Us, Our and We) and the customer (You, Your) regarding Your use of LifeGrain. The LifeGrain service is a technology platform that allows You to browse, place orders, earn and redeem loyalty rewards and make payment for food and beverage products (Products) supplied by LifeGrain (Merchants) via our application on internet enabled devices, any co-branded sub-domains, new software, co-branded internet services (for example slack, devices or networks) existing now or later developed (App), LifeGrain website at www.lifegrain.com.au or any other website through which we make the Services available (collectively, the Site) and/or the integrated LifeGrain point of sale service (POS) and to interact with you via the Site and App (Service). In these Terms, the App, Site or POS as appropriate is referred to as LifeGrain.
When You sign-up for the Service via the Site or App and become a registered customer of LifeGrain, You agree that the Service will be provided on the basis of these Terms.
Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, revocable, non-transferable licence to:
- access and use LifeGrain solely in connection with Your use of the Service; and
- access and use any content, information and related materials that may be made available through the Service, in each case solely for Your personal and non-commercial use. Any rights not expressly granted herein are reserved by Us.
NATURE OF THE SERVICE
You acknowledge and agree that:
- We are not a producer, supplier or reseller of the Products;
- any contract for the supply of Products is strictly between You and the Merchant;
- We do not make any representations or warranties regarding the quality, availability or preparation of the Products or that the Products supplied by the Merchants are fit or safe for consumption and You agree to relieve Us from any liability whatsoever in this regard;
- all orders and deliveries for Products are dependent on and subject to the availability of the relevant Merchant and the availability of the Merchant’s staff and opening hours at the relevant time;
- We reserve the right at all times to refuse to provide the Service to You, terminate Your access to LifeGrain or remove or cancel Your order at Our sole discretion, in which case a refund will be offered to You;
- You accept full responsibility for providing accurate details (including verification of ingredients in respect of any allergies or specific dietary requirements specific to You) when placing an order through LifeGrain.
PAYMENT AND CHARGES
- Upon registration with LifeGrain, You can elect to make payments on either a pre-paid or ‘pay as you go’ basis.
- If You elect to make payments on a ‘pay as you go’ basis, the credit card linked to Your account will be immediately charged each time you place an order through LifeGrain.
- If Your preferred payment method is on a pre-paid basis, the balance of Your account (LifeGrain Balance) must have sufficient credit for the total amount of the order. At any time, You can add credit to Your account.
- The balance of Your LifeGrain Balance may at any time and at Your election be topped up.
- By electing to automatically top up You agree to provide a recurring payment authority to Us to automatically top up Your account by an agreed amount when Your balance reaches a minimum balance level.
- If You do not use or top-up Your account for 180 days or more, the LifeGrain Balance in Your account will expire and Your balance will reset to $0.
- Your LifeGrain Balance is non-refundable at all times unless otherwise determined at Our sole discretion.
- You will be charged immediately after You have placed an order for Products through LifeGrain using the payment method associated with Your account. All amounts paid are non-refundable unless otherwise determined at Our sole discretion.
- Orders for Products cannot be cancelled once processed by LifeGrain.
- You may incur additional charges if You have requested delivery of the Products in Your order. You will be notified at the checkout screen of any applicable additional charges associated with Your order.
- LifeGrain reserves the right to include as additional charges on Your Order any third party payment processing costs incurred through Your choice of payment method.
- We may from time to time offer promotions or vouchers to registered customers free of charge or for value through LifeGrain.
- Any promotions or vouchers offered through or purchased from LifeGrain cannot be transferred, redeemed or refunded for cash or used beyond their respective expiry dates as noted on the voucher.
- You are solely responsible for the security and use of any promotions or vouchers and We are not responsible and will not provide a refund for any loss or damage to those promotions or vouchers and have no obligation to replace them for any reason.
- We have no obligation to redeem any promotion or voucher which appear in Our sole discretion to have been tampered with or forged.
- Vouchers purchased are issued with 12 months validity.
Temporary unavailability of LifeGrain
- We take no responsibility for, and will not be liable for, LifeGrain being temporarily unavailable for reasons of conducting maintenance, improvements to Our systems or due to technical issues beyond Our control.
INFORMATION THAT WE COLLECT
- Upon registration of Your account with LifeGrain, personal information (as defined in section 7, below) is collected from You including but not limited to the following:
- Your name, email address, delivery address, telephone number, birth date, credit card information and any supporting correspondence for the purposes of following up issues and for assessing the quality of the services We provide; and
- Your IP address to assist with the diagnosis and analysis of problems or support issues with our services, such information gathered in aggregate only and cannot be traced to an individual user.
- In addition, We may also collect information regarding identification of Mac devices for the purposes of assisting Us in analysing and monitoring the usage of LifeGrain.
- By providing Your personal information to Us, You consent to the collection, use, storage and disclosure of that information as described in these Terms, including device location data.
PRIVACY AND USE OF YOUR PERSONAL INFORMATION
- We recognise the importance of protecting the privacy of personal information collected about Our customers and We take all reasonable measures to keep Your personal information secure. In these terms and conditions, “personal information” means information that identifies an individual or from which an individual reasonably can be identified
- You agree to allow Us to use Your personal information for the purposes of:
- sending or facilitation communications (including the communication of promotions or deals) between You and the relevant Merchant; performing diagnostics testing and analysis of problems or support issues with Our services or for the purposes of research; providing aggregated data to Merchants and our affiliated business partners (Business Partners) on an anonymous basis regarding order habits, spending, location, favourite orders, gender, birth date together with relevant analytics data and research; and sending communications from Us and from Merchants and our business partners that You may be interested in.
- You agree to allow Us to share Your personal information with the following parties:
- Merchants and Business Partners of LifeGrain, for the purposes of facilitating the placement of orders, payment and deliveries (where selected) of Products and for notifying You of offers and promotions from Merchants and Business Partners; third parties where necessary for the purposes of API or SMPP integration of LifeGrain systems; requests for information received from government and regulatory bodies; in an aggregated, anonymous manner with a third party; or with any other third party in any other manner with Your consent.
- Some of the third parties to whom we disclose Your personal information may be located outside of Australia. In the course of our ordinary business operations we commonly disclose personal information to a third party located in the Republic of the Philippines.
If You no longer want your information to be used or provided in the manner outlined above please email us at firstname.lastname@example.org
- All of the content of LifeGrain, including all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features and the like (Content) and the trade marks, service marks and logos contained therein (Marks) are owned by or licensed to Us. The use of the Content and Marks is subject to copyright and other intellectual property rights under Australian laws and international conventions.
- You agree not to:
- engage in the use, copying, reproduction, modification or distribution of any of the Content or Marks including, without limitation, using, copying, distributing, displaying, reproducing or transmitting in any form or by any means without Our prior written consent;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of LifeGrain or unduly burdening or hindering the operation and/or functionality of any aspect of LifeGrain; or
- attempt to gain unauthorised access to or impair any aspect of LifeGrain or its related systems or networks.
LINKS TO THIRD PARTIES
- We may provide links to third party websites outside our Site that are not under Our control and we cannot accept responsibility for or liability in respect of the content of those websites. Prior to disclosing Your personal information on any other website, we advise You to examine the terms and conditions of using that website and any associated privacy statement.
You may terminate this agreement by:
- Stopping using the Service; and/or by notifying Us at the following email address: email@example.com
We may immediately terminate this agreement by;
- Terminating your use of the Service and/or Notifying you by email.
- If We terminate You without cause, we will refund to You, Your LifeGrain Balance to an Australian bank account notified to Us by You.
- Termination of this agreement does not affect either party’s accrued rights or liabilities.
- We may make a change to the terms and conditions of this agreement at any time without notice and You agree to be bound by such changes.
- The Terms of this agreement are governed by the laws of New South Wales.
Any queries in relation to these Terms should be addressed to firstname.lastname@example.org
You can contact LifeGrain as follows:
- Email: email@example.com
- Post: P/O Box 185 Randwick 2031
LifeGrain welcomes feedback (good and bad), so please let us know on how we can make LifeGrain Service better for you!
LOYALTY PROGRAM TERMS
1 LifeGrain Rewards program is offered by LifeGrain Pty Ltd ABN 23 648 844 375.
2 Registration in LifeGrain Rewards program, using your card or App, or claiming any benefit under LifeGrain Rewards program is subject to these Terms and Conditions.
3 You can earn rewards on eligible purchases immediately; however, to redeem rewards and enjoy the benefits of LifeGrain Rewards program, you are required to provide LifeGrain with a valid email address and complete ALL designated information fields, on completing the registration form. You can select not to receive emails from LifeGrain.
4 LifeGrain accepts no responsibility for incorrect information provided by LIFEGRAIN REWARDS card or app users on web forms or the like.
5 Only one LIFEGRAIN REWARDS member account is permitted per person. Accounts are not transferrable.
6 Unless otherwise required by law or permitted by these Terms and Conditions, collected rewards value cannot be redeemed or exchanged for cash (including as part payment for any purchases at a LifeGrain store). No interest or any other earnings on funds on a LIFEGRAIN REWARDS member account will accrue, be paid or be credited to you by LifeGrain. Rewards value is not transferable.
7 LifeGrain reserves the right to refuse use of a LifeGrain Rewards account or to cancel an account on a reasonable basis. Where this occurs, the account will be cancelled and any points will be lost. Reasonable grounds for cancellation include:
(a) any abuse or attempted abuse of the account or LifeGrain Rewards program;
(b) any use or attempted use of an account in a manner contrary to these Terms and Conditions;
(c) any use or attempted use of an account made by a person other than the account holder;
(d) any reasonable suspicion of dishonesty of an account holder in connection with LifeGrain Rewards program.
8 To earn rewards, you must either collect a LIFEGRAIN REWARDS card from any LifeGrain store in Australia and present the card during your transaction.
9 For each eligible beverage purchased, your account will accrue 1 loyalty point. Once 8 loyalty points are accrued, they can be redeemed for any eligible beverage included in LifeGrain Rewards program.
10 LifeGrain reserves the right to change the rate of reward and associated values at any time. LifeGrain will provide you with advance notice of any change by email.
11 Credit earned will only be redeemable in a LifeGrain store 24 hours after LifeGrain REWARDS account is activated
12 To redeem the rewards value you have earned, you must meet the following criteria; – Register your LIFEGRAIN REWARDS account details by completing all required fields.
13 Rewards credit is redeemable on any hot beverage products within any LifeGrain store in Australia at the retail price in-store.
14 Rewards credit cannot be purchased.
15 Loyalty points do not expire.
LOYALTY REWARDS (COUPONS)
16 As a LIFEGRAIN REWARDS member, you may be rewarded with various offers, as issued by LifeGrain from time to time. Coupons will be awarded and will be valid for a certain period. Coupons will show the expiry date.
LOST OR STOLEN CARDS
17 In the case of a lost or stolen card, you should contact LifeGrain Head Office during normal business hours to organize a replacement card and rewards transfer. Email is firstname.lastname@example.org
18 LifeGrain will take reasonable steps so that any rewards credit accumulated on the lost or stolen card is transferred to the new card. LifeGrain is not responsible for any delay in replacing a lost or stolen card.
20 You may cancel your account by contacting LifeGrain Head Office on email@example.com
21 If your account is cancelled any rewards or LifeGrain Loyalty Points not already redeemed by the account holder will be automatically forfeited.
PROMOTIONS AND DISCOUNTS
22 On occasions, LifeGrain will run promotions exclusive to LifeGrain Rewards program members. These promotions may be subject to separate terms and conditions.
24 Rewards credit are not awarded when a LifeGrain Gift Card is purchased. However, the LifeGrain Gift Card recipient (or gift card holder) will earn rewards credit on purchases made using their LifeGrain Gift Card provided they are a LIFEGRAIN REWARDS registered member.
25 No fees are charged by LifeGrain for the issue, registration, activation or use of LifeGrain Rewards program.
26 If you have any queries or complaints regarding LifeGrain Rewards Program you should contact us. You can find our contact details at our Website www.lifegrain.com.au.
27 LifeGrain reserves the right to change, suspend or terminate these Terms and Conditions, LifeGrain Rewards loyalty program and any benefits under LifeGrain Rewards program at any time. LifeGrain will give advance notice of any such circumstance on our Website and via email. Where we change LifeGrain Rewards loyalty program Terms and Conditions, LifeGrain Rewards program or any benefits under LifeGrain Rewards loyalty program, an updated copy of them will be available on our Website. Continuing to use your account after the period of advance notice has expired will be deemed acceptance of the amended Terms and Conditions.
28 While reasonable effort will be made in the stores so that rewards are correctly redeemed, LifeGrain takes no responsibility for errors associated with crediting.
29 LifeGrain takes no responsibility for stores that cannot process the redemption or issue LIFEGRAIN rewards due to technical difficulties.
30 We reserve the right to correct the balance of your LIFEGRAIN REWARDS account if we believe a clerical or accounting error has occurred or there is misuse by the customer.