1. YOUR AGREEMENT WITH US
1.1 Everyday Limited t/a IdealCup is a company registered in New Zealand.
1.2 Please read these Terms and Conditions (Terms) carefully before using the Everyday Limited t/a IdealCup mobile swappa 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 an online platform which provides services to consumers of beverages and food (Customers) and participating retailers of beverages and food (Retailers), which include but are not limited to:
(a) providing Customers with access to eco-friendly cups (Cups) and food containers which are made available in Retailers, ready for use by Customers;
(b) an associated cup and food container exchange system within each Retailer which facilitates the reuse of cups and food containers by Customers and Retailers; and
(c) a 'scan and go' (Scan System) system on the App for Customers who check out and return their cups and food containers to participating Retailers.
(together the Service).
2.2 The App and Service is owned, operated and provided by Everyday Limited t/a IdealCup 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 conditioned 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 use the Service, you are required to apply for and register an account with Everyday Limited t/a IdealCup (Account).
3.2 If you are a Customer and you wish to create an Account, you may be required to provide Everyday Limited t/a IdealCup with the following information:
(a) your full name, postal address, email address, telephone number and location;
(b) a participating Retailer of your choosing in your locality (Nominated Retailer);
(c) a username; and
(d) a password.
3.3 If you are a Retailer and you wish to register an Account, you may be required to provide Everyday Limited t/a IdealCup with the following information:
(a) the details of the Retailer, including: business name, business address; business contact phone number, business email address; business operating hours.
3.5 Upon the lodgement of information required to register an account, Everyday Limited t/a IdealCup will review your application as quickly as possible and endeavour to finalise your registration within 48 hours, depending on the number of applicants.
3.6 Everyday Limited t/a IdealCup 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 approved, you will be a registered account holder (Account Holder) and will be able to use your Account details and 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 accurate and up to date and will always be accurate and up to date.
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 Everyday Limited t/a IdealCup with any information as part of the registration process that you may receive emails, SMS messages, newsletters and marketing material from Everyday Limited t/a IdealCup. If you do not to wish receive updates or correspondence from Everyday Limited t/a IdealCup, you may contact Everyday Limited t/a IdealCup at email@example.com and unsubscribe at anytime.
3.11 As a Retailer, you understand that by registering an Account, you agree to allow Everyday Limited t/a IdealCup 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 Everyday Limited t/a IdealCup; and/or
(b) you have previously had your Account terminated within the past twelve (12) 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 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 Everyday Limited t/a IdealCup 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 Everyday Limited t/a IdealCup will:
(a) use its best endeavours to ensure there are a sufficient number of Cups in circulation in each Retailer ready for use by Customers; and
(b) allocate two Cups for use by each Customer.
6. BILLING & PAYMENTS
6.1 Subscriptions automatically renew until cancelled by contacting firstname.lastname@example.org
6.2 To allow for recovery of any lost Cup fee in accordance with clause 9.1(a) and any other payments, your nominated bank account and credit card information is to be provided by you upon completion of registration of your Account.
6.3 Where payment of any fee contemplated by these Terms is enforced, we may attempt to debit your nominated bank account at a later date. You will be liable to your card issuer or financial institution for any dishonour fees that may arise.
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 The Cups allocated to you by Everyday Limited t/a IdealCup upon registering an Account are and will always remain the property of Everyday Limited t/a IdealCup.
7.2 As a Customer Account Holder, you agree to:
(a) report a missing or damaged Cup(s) to Everyday Limited t/a IdealCup within a reasonable time, so a replacement Cup can be made available in a timely fashion;
(b) ensure each Cup(s) are kept in good working order and are not damaged, defaced, modified or otherwise altered; and
(c) ensure your Cup(s) 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 Cup(s) or damaged Cups to Everyday Limited t/a IdealCup within a reasonable time, so a replacement Cup can be made available in a timely fashion;
(b) ensure each Cup(s) are kept in good working order and are not damaged, defaced, modified or otherwise altered; and
(c) ensure returned 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
8.2 Each Retailer will have its own scanning point in store, where every Cup must be scanned when it is returned after use or checked out upon purchase of a beverage from a Retailer.
8.3 As a Customer Account Holder, you agree to scan the Cup each time it is checked out or returned to a Retailer.
8.4 If a Cup is unable to be scanned at the scanning point on check out or return of a Cup, you agree to enter the Cup code manually within the App at the time and location of check out or return.
8.5 If you have a Cup that has not been returned within 7 days after check out you will be sent a reminder to return the Cup within the next 7 days after check out and then again the day before the cup is due for return
8.6 At any time you can check your Cup activity in the 'View my Cup' or similar section within the App.
8.7 As a Retail Account Holder, you agree to:
(a) notify Customers to scan each Cup that is checked out or returned in-store;
(b) ensure that the scanning point is visible in-store and appropriately labelled; and
(c) notify Everyday Limited t/a IdealCup immediately in the event the scanning system is damaged, experiencing technical difficulties, is faulty or requires replacement for whatever reason.
9. DEFAULT & TERMINATION
9.1 The following will be considered a default event by a Customer under these Terms:
(a) failure to return a Cup to a Retailer within 14 days of its last use or at all;
(b) the misplacing of a Cup;
(c) deliberate defacing, altering, usage contrary to its purpose, breaking and or otherwise damaging a Cup(s);
(d) failure to scan a Cup at a scanning point upon check out or return of a Cup to a Retailer; and
(e) providing Cup(s) to a person(s) who is not a Customer
9.2 In the event of breach of clause 9.1(a)-(d) above, a Customer will be charged a lost Cup fee in the amount of $NZD10.00, debited directly from a Customer's nominated bank account, where it considers appropriate to do so in its absolute discretion.
9.3 In the event of repeated breaches of clause 9.1(a)-(d) above, Everyday Limited t/a IdealCup reserves its right to terminate the Service and close a Customer's Account where it considers it appropriate to do so in its absolute discretion, after the giving of two (2) written warnings and on the giving of 24 hours written notice to a Customer. Termination will officially be effective upon the expiration of 24 hours from the giving of notice.
9.4 In the event of repeated breaches of clause 9.1(e) above, Everyday Limited t/a IdealCup reserves its right to terminate the Service and close a Customer's Account immediately, where it considers it appropriate to do in its absolute discretion.
9.5 Where these Terms are terminated and a Customer's Account is closed by Everyday Limited t/a IdealCup, the Cup(s) allocated to the Customer will remain with the Retailer until Everyday Limited t/a IdealCup collect the Cup(s) and deliver to a different Retailer or allocate to a different Customer.
9.6 Upon termination of these Terms and the closing of the Customer's Account, a Customer will no longer have access to the Service and will not be permitted to utilise the App, for a period of twelve (12) months.
9.7 The following will be considered a default event by a Retailer under these Terms:
(a) the misplacing of a Cup;
(b) deliberate defacing, altering, usage contrary to its purpose, breaking or and or otherwise damaging of a Cup;
(c) failure to ensure clean Cups are available to Customers in a prompt and timely fashion;
(d) failure to ensure Cups are scanned upon check out or return of a Cup to a Retailer by a Customer;
(e) providing a Cup to a person(s) who is not a Customer
9.8 In the event of clause 9.8(a)-(b) above, Everyday Limited t/a IdealCup reserve its right to charge a lost Cup fee of $12.99 debited directly from a Retailer's nominated bank account, where it considers appropriate to do so in its absolute discretion.
9.9 In the event of repeated breaches of 9.8(a)-(b) above, Everyday Limited t/a IdealCup reserves its right to terminate the Service and close a Retailer's Account where it considers it appropriate to do so in its absolute discretion, after the giving of two (2) written warnings and on the giving of 24 hours written notice to a Retailer. Termination will officially be effective upon the expiration of 24 hours from the giving of notice.
9.10 In the event of repeated breaches of 9.8(c)-(e) above, Everyday Limited t/a IdealCup reserves its right to terminate these Terms and close a Retailer's Account immediately, where it considers it appropriate to do in its absolute discretion.
9.11 Where the Services are terminated and a Retailer's Account is closed by Everyday Limited t/a IdealCup, Everyday Limited t/a IdealCup will attend upon the Retailer and collect the Cups. Everyday Limited t/a IdealCup will notify Customers of the Retailer of this termination in writing.
9.12 Upon termination of the Service and the closing of the Retailer's Account, a Retailer will no longer have access to the Service nor will it receive benefits of the Service and will not be permitted to utilise the App.
9.13 A Customer or Retailer may elect to terminate the Service at any time and may do so by providing 7 days notice in writing to Everyday Limited t/a IdealCup. Termination will officially be effective upon the expiration of 7 days from the giving of notice.
10. INTELLECTUAL PROPERTY
10.1 The App and Service and its original content, features and functionality are and will remain the exclusive property of Everyday Limited t/a IdealCup.
10.2 The swappa App and Service is protected by copyright, trademark, and other laws of new Zealand and Australia.
10.3 Nothing in these Terms constitutes a transfer of any intellectual property rights from Everyday Limited t/a IdealCup to you.
11.1 If a Customer or Retailer is not satisfied with the Service provided, the Customer or Retailer may notify Everyday Limited t/a IdealCup and Everyday Limited t/a IdealCup will attempt to resolve the Customer or Retailer's concerns.
12.1 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.
12.2 Everyday Limited t/a IdealCup does not warrant that:
(a) the App and Service will function uninterrupted and that 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.
12.3 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.
12.4 Everyday Limited t/a IdealCup 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.
13. LIMITED LIABILITY
13.1 You agree that we shall not be liable for any damages suffered as a result of using the App, Service or Cups.
13.2 In no event shall Everyday Limited t/a IdealCup 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.
13.3 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.
13.4 Without limiting the foregoing, in no event will Everyday Limited t/a IdealCup aggregate liability to you exceed, in total, the amounts owing by you to Everyday Limited t/a IdealCup.
14. GOVERNING LAW
14.1 These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Australia.
14.2 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.
14.3 The failure by Everyday Limited t/a IdealCup 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.
15.1 These Terms may change from time to time at Everyday Limited t/a IdealCup's absolute discretion and will be made available to you on the App.
15.2 If a revision to these Terms is considered material, we will provide reasonable notice to you, prior to the changes taking effect.
15.3 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.
16. CONTACT US
16.1 If you have any questions about these Terms please contact us at: email@example.com