Terms of Use

Version edited 15 November 2016

1.Terms

These ‘terms of use’ (“Terms”) set out the terms and conditions of your use of online and offline services (“Services”) offered by Coffix NZ Limited and/or its related companies, franchisees and suppliers (“we” , “us” or “Coffix”).
The person or organisation entering into these Terms as a user of the Services, together with all individual users accessing the Services on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these Terms.
Coffix grants you a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms.
In these Terms, online services mean Coffix’s e-wallet services, Coffix ordering system, Coffix POS, Coffix website and any service that is available under the domain coffix.co.nz including any features, technologies or functionality provided by those services, offered by us from time to time, on mobile phones, tablets, computers and other devices as mobile applications (“App”) or as a website (“Website”).
In these Terms, offline services mean Coffix gift cards, SMS, email or phone ordering, prepaid cards etc.
If you do not agree to any of these Terms, then you should not use the Services. All rights not expressly granted to Users in these Terms are reserved by Coffix.

2. Amendments

We may change these Terms from time to time, and will endeavor to notify you of such changes via email or by displaying a message at the point of sale or when you next use an online service. If you continue to use the Services, your use will be governed by the updated Terms.
From time to time, we may add, make changes to or remove altogether features or functionality of the Services. If you’re using an App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Services at any time, and nothing in these Terms is to be taken as a guarantee that the Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Services or any version of them.

3. Commencement of Agreement

The Terms commences on the date when you subscribe, create an Account or start using the Services, whichever is sooner.

4. Account information

When an online account is created by you or for you or if you purchased a gift card or prepaid card you are creating an account with us (“Account”).
You must be 15 years or older and have a valid email address to apply or create an Account or to access the Services. You agree to provide true, accurate, current and complete Account information, and to maintain and promptly update your Account information in order to ensure that it remains true, accurate, current and complete. If you are younger than 18 years you have to accept your parents’ approval to use the Services.

5. Credit and Payments

You can top-up your Account by making a payment (“Payment”) by one of the following forms: (a) bank transfer using a unique reference code that we will provide you; (b) by payment at any participating Coffix shop; or (c) pay by credit card or Paypal Account using Paypal service (In such case you will be charged a nonrefundable Card Fee, as advised online).
We will email you an invoice for any bank or PayPal payment.
The total funds in your Account are your credit (“Credit”). Your Credit is specific to you and is nonrefundable. You can purchase any product at participating Coffix shops with this Credit.
Your Credit will be expired 6 months after your last Payment. We may remind you by email at least 30 days before your Credit is expired if you have registered your email with us.

6. Cancellation of Accounts

You are entitled to cancel your Account at any time by sending an email to support@coffix.co.nz. If and when you cancel your Account, your cancellation will take effect immediately and you will not be entitled to any refund of Service Fees paid in advance or your Credit balance.
We can cancel or suspend your Account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the Services.
We can also cancel or suspend your Account at any time if, in our sole discretion, we would like to terminate a Service. In this case, you will be entitled to a refund of your Credit balance.
If your Account is canceled: (a) your Account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately. Your content may not be recovered once your Account is canceled. We are not liable for any loss or damage following, or as a result of, cancellation of your Account.

7. Service Fees and taxes

The service fees charged for use of the Services, if any, are set out on Coffix’s Website (“Service Fees”) and are subject to change. We will endeavor to notify you (by sending an email or by displaying a message at the point of sale or when you next use the Services) at least 30 days before increasing the Service Fees. Service Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year’s subscription for the Services. Unless required by law, we will not provide refunds in connection with the Services.
We will provide you with an invoice for every Payment. We reserve the right to charge you a reasonable fee if you request additional information about your Payments and purchases or for other use of the Services.
All Service Fees are exclusive of all taxes, and you indemnify and hold Coffix harmless against any claims by any tax authority for any underpayment of any sales, use, goods, and services, value added or other tax or levy, and any penalties and/or interest.

8. Services are provided “as is”

The Services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. We will try to promptly address (during normal NZ business hours) all technical issues that arise in connection with the Services.
You acknowledge that you understand that internet access is prerequisite to access the online services.
We do not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the Services will be accurate or reliable; (d) the quality of any product, service, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the Services will be corrected.
You acknowledge that Coffix may use third party suppliers to provide hardware, software, networking, connectivity, storage, printing, billing and other technology in order to provide the Services. The acts and omissions of those third party suppliers may be outside of Coffix’s control, and Coffix does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
On behalf of itself and such third party suppliers, Coffix excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.

9. Our liability is limited

To the maximum extent permitted by law, Coffix shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of Credit, profits, business, goodwill, use, data or other intangible losses (even if Coffix has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute goods and services; (c) unauthorised access to, or alteration of, your communications or data; (d) statements or conduct of any third party regarding the Services; or (e) any other matter relating to the Services.
In any case, Coffix’s maximum aggregate liability under or in connection with these Terms or your use of the Services is limited to the amount of Service Fees paid by you in the past 3 months or e-wallet’s Credit left in tour Account before the day you submitted your case in writing, whichever is greater.

10. You are responsible for your use of the Coffix Services

You are responsible for all activity that results from use of the Services through your Account. You will be required to set up a security password for your online Account and to keep your chosen password, and any other information relating to your Account, secure and confidential at all times. Coffix will not be liable for any loss or damage that may result from any failure to keep your Account or your cards secure.
You indemnify Coffix against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Coffix may incur or suffer as a result of the use of the Services through your Account or as a result of your failure to comply with these Terms.

11. No malicious or illegal use

You must not: (a) use the Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services; (d) use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running any Services; (f) use, disclose or distribute information relating to another User of the Services to any third party, or use any other User’s information for any marketing purposes unless you have that User’s express permission to do so; or (g) access or register User logins and/or data via bots or other automated methods.

12. Reasonable use policy

You agree to use the Services in a reasonable way. If we determine, at our sole discretion, that your use of the Services is not reasonable or that your use is causing degraded performance of the Services for you or for other Users, we may suspend or cancel your Account or impose limits on your use of the Services. Where possible, we will endeavor to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.

13. Intellectual property

You agree that Coffix owns all of the intellectual property rights existing in the Services. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use Coffix’s brand, branding or logos except with Coffix’s prior written consent.
You grant Coffix a royalty-free, irrevocable, perpetual license to use (including for commercial purposes) information and/or data collected by Coffix through your use of the Services, provided that we aggregate or anonymise that information or data before using it.
You may provide us with comments, feedback or suggestions on Services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.

14. Privacy Policy

In order to use the Services, you will need to submit certain personal information such as email address, name, address, telephone number, gender, date of birth and other. You may be asked to submit further information from time to time.
The personal information that you provide will only be used in connection with the services offered by Coffix, to communicate with Users in relation to the Services or to co-operate with any government, industry or regulatory authorities. Coffix reserves the right to use data (on an anonymous basis) in relation to Users’ purchases or use of the Services for marketing and business analytics purposes.
Unless expressly authorised to do so by the relevant User, Coffix will not disclose any User’s personal information to a third party.
You may request at any time to see your personal information that Coffix holds or to correct or update any personal information (to the extent that you are unable to do so on the Website). Please email Coffix at support@coffix.co.nz.
Coffix will store Users’ personal information in New Zealand or overseas.
Coffix may hold Users’ personal information both before and after the cancellation of each User’s account, but only for as long as Coffix is lawfully entitled to do so.
You agree that we and our agents may send you marketing messages, electronic or otherwise, about (among other things) our rewards, special offers, competitions and other promotions, and those of our agents or third parties which we consider may be of interest to you. You may unsubscribe from receiving marketing messages from us and our agents at any time by email to support@coffix.co.nz.
Coffix uses cookies on its websites. Cookies are small text files that are placed on the browsers of visitors to our website for record-keeping purposes and so that (for example) your preferences can be recognised when you come back to our site. Those cookies include both temporary or session cookies that are deleted when you close your browser, and permanent cookies which remain on your device for some time.
Coffix may participate in advertising programmes operated by third parties, for which advertising and retargeting cookies are used.
The cookies we use also mean that data relating to traffic on our website and about the types of third party websites that visitors to our website also visit are aggregated and shared with other participants in the third party advertising programme. The data that is shared does not contain any personal information and cannot be used to identify any individual visitor.
You can opt out of receiving cookies by adjusting the settings in your web browser. To find out how to do that, and to learn more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
By accessing the Website and/or using the Services, you agree to the collection, use, disclosure, storage and processing of your information in accordance with the Terms.

15. General

If we don’t insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If the Services are provided for use in a business, that means that you are not a consumer. To the maximum extent permitted by law, any statutory or other consumer protection provisions (including in the Consumer Guarantees Act 1993 and in the Fair Trading Act 1986) do not apply to the Services, these Terms or our relationship with you.
Each clause and paragraph in these Terms operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
You are not permitted to assign, sub-licence, novate or transfer these Terms or any of your rights and/or obligations to others.

16. Force Majeure

We will not be liable for any delay or failure to provide the Services or any other delay or failure in meeting our obligations under the Terms to the extent that such delay or failure is caused by any event outside of our reasonable control.

17. Subcontracting & Transferring Rights and Responsibilities

We may subcontract or delegate the performance of any of our rights or obligations under the Terms to any related company, agent, service provider or another third party. In that case, each of those companies, agents, service providers or third parties and their officers, employees, contractors and agents will have the benefit of any terms of the Terms that confer benefits on us.
We may transfer or assign to someone else all or any part of our rights and/or obligations under this Terms. Any assignee or transferee will have the same rights and powers as if they were named as Coffix.

18. Disputes

If you have any dispute with us in relation to any of the Services, or otherwise in connection with this Terms, please contact our Customer Care at info@coffix.co.nz.

19. New Zealand Law

These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of Auckland, New Zealand courts (And if not available in Auckland to other New Zealand courts) for any matter or dispute arising in relation to these Terms.