We operate a subscription-based service which allows you to have access to containers and other items used in the consumption of food and drink (such as cups and bowls) (Reusable) from our Vendors through our App (Services). These Terms of Service (Terms) constitute a legally binding agreement between you and us on which we offer you access to the Services, including services provided by our independent third-party payment processor(s).
IMPORTANT NOTICE:
• By downloading the App and/or clicking on the "Accept" button upon signing up for an Account, you agree to these Terms of Service and the Privacy Policy.
• Use of this App is subject to any rules or policies applied by any mobile application store provider or operator whereby you downloaded the App (App Store).
• If you do not agree to these Terms of Service, we will not licence the App to you and you must cease using the App immediately.
• Users of the Services must be 13 years of age or older. If you are under the age of 18, then you are not permitted use the Services. Persons between the ages of 13 and 18 may only use the Services with the supervision of a parent or legal guardian who registers for an Account for the Services, and thus agree to be bound by these Terms.
In these Terms of Conditions:
(a) App means the Reusably mobile application which is used to facilitate the Services;
(b) Drop Off Point means a location (specified in the App) whereby a Reusable may be returned, which will include other vendors;
(c) Intellectual Property means all present and future industrial and intellectual property rights relating to the App, Services, Materials, and/or us, including, without limitation:
(i) inventions, patents, copyright, trade business, company or domain names, rights in relation to registered designs, registered and unregistered trade marks, know how, trade secrets and the right to have confidential information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and
(ii) any application for or right to apply for registration of any of those rights.
(d) Materials means all of the materials displayed or via on the App, including (without limitation) all information, text, graphics, names, logos, trade marks, design, software and advertisements;
(e) Personal Information has the same meaning given to that term in the Privacy Act 1988 (Cth);
(f) Terms means these terms of service as updated and amended from time to time;
(g) us, we, our and Reusably means REUSABLY PTY LTD ACN 651 570 179 and our employees, agents, contractors, affiliates and any other related parties;
(h) you and your refers to anyone who visits and/or uses the App and/or is provided access to the Services through the App; and
(i) Vendors means participating cafés, restaurants, bars or other vendors that provide food and/ or beverages to you in the Reusable using the App.
(a) You agree and acknowledge that:
(i) at no stage do you own the Reusable and nothing in these Terms assigns title in the Reusable to you; and
(ii) to use the Services you are required to have a Device which has near field communication (NFC) capabilities.
(b) We may change these Terms at any time for any reason. In the event of such change, we will notify you the details of the change through your nominated email or when you next access the App (where the terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services and the App).
(c) From time-to-time updates to the App may be issued through the App Store. Depending on the update, you may not be able to use the App until you have updated the App to the latest version, and accepted any new terms (if applicable).
(d) You warrant that you are, or have obtained permission from, the owner of the device(s) that the App has been downloaded on to from the App Store (Devices). The owner of the Device may be charged by their service provider for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the App and any Service on or in relation to any Device, whether or not owned by you.
(e) The App may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you turn off location services, some functions of the App may not work. If you turn on location services, you consent to our (and our affiliates' and licensees') transmission, collection, maintenance, processing and use of your location data, in accordance with our Privacy Policy, to provide and improve the Services. You may withdraw this consent at any time by turning off the location services settings on the App on the Device.
(f) By using this App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
(g) The terms of our privacy policy, available at http://www.reusably.com.au/privacy-policy (Privacy Policy), are incorporated into these Terms by reference and apply to the Services. In agreeing to be bound by these Terms, you also consent to the use of your Personal Information in accordance with the Privacy Policy.
(h) The App may contain links to other independent third-party websites (Third-party Sites). You acknowledge and agree that the Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
(i) By using the App, you consent to us:
(i) collecting and using technical information about the Devices, for the purposes of improving our Services, and providing any services to you; and
(ii) monitoring your conduct while using the App and collecting information associated with your conduct to be used by us in relation to the App.
(a) To use the Services and App you are required to set-up an account on the App (Account). You may only register for one account.
(b) By creating an Account, you agree:
(i) to submit your own valid e-mail address and mobile phone number;
(ii) that all information which you submit to us will be true and accurate, and not misleading, deceiving or fraudulent;
(iii) to keep confidential and secure, all aspects and information of your account including your password;
(iv) that you are responsible for any and all uses of your account, whether or not you have authorised such use;
(v) to keep confidential and secure all aspects of other users’ account information that you may have access to;
(vi) that you will not use the Services for any unlawful or otherwise prohibited activity;
(vii) to maintain and promptly update your account information to keep it accurate, current and complete at all times or as soon as reasonably practicable following any changes; and
(viii) to notify us if you discover or suspect that your account has been subject to illegal, hacking or unauthorised use, by emailing us at info@reusably.com.au.
(c) We may, from time to time (despite not having an obligation to do so) confirm or check the accuracy, legitimacy or efficacy of any information provided by you to us. Where we make a request, you must promptly provide to us any information we require to confirm that the information you submit to us is true and accurate (and not misleading, deceiving or fraudulent).
(d) We reserve the right to refuse your access to the Services or an Account, terminate your Account, remove or edit content, or engage in any other act or omission that we deem necessary, at any time, for any reason, at our sole discretion.
(e) You acknowledge and understand that you are solely responsible for maintaining the confidentiality of your Account and associated password(s), and for restricting access to your Devices, and you accept responsibility for all activities that occur under your Account.
(a) The App may make available newsfeeds, bulletin boards, online chat facilities, comment areas, review facilities, billboards, forums, groups, posting sections and other similar communications facilities (App Content Facilities).
(b) You acknowledge and understand that:
(i) any words, images, videos, sounds, music, posts, notes, messages, ideas, suggestions, or other material of any kind (App Content) which you submit to us or the App Content Facilities must not harass, slander, malign, libel, defame, threaten, or otherwise violate our rights or the rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, offensive or unlawful material;
(ii) you grant us a non-exclusive, irrevocable, worldwide, royalty-free licence to use the App Content for commercial and non-commercial purposes;
(iii) we have no obligation to monitor the App Content Facilities;
(iv) we reserve the right, at all times and in our sole and absolute discretion, to disclose any information deemed necessary by us to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part;
(v) communications to or with the App Content Facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any Personal Information about yourself or your children;
(vi) we do not control or endorse the App Content, and we specifically disclaim any liability with regard to same and any actions resulting from your engagement with the App Content Facilities; and
(vii) any communication or material you transmit to the App by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except where otherwise stated in our Privacy Policy.
(c) You warrant and represent that:
(i) you hold all right, title and interest in the App Content; and
(ii) your submission of the App Content to us does not (and will not) violate or infringe any third-party rights.
5.1. Accessing the Reusable
(a) Reusably offers the Services on a subscription basis.
(b) You may subscribe for the Services through the App (Plan).
(c) Each Plan provides you with a certain number of digital “tokens” which can be virtually exchanged for the Reusables (Token). The number of Tokens you receive will depend on the Plan you have selected and information on the inclusions, as varied from time to time, are available in the App.
(d) Reusably may offer different Plans which vary in respect of the subscription fee (Fee), billing period (Billing Cycle) and the number of Tokens you will receive (Token Allocation).
(e) Once you have paid the Fee for your Subscription, you will receive your Token Allocation which can then be used at a Vendor.
(f) Subject to clause 5.1(g), the Token will be virtually exchanged for the Reusable once you “tap” your Device on the NFC reader provided by the Vendor in accordance with the instructions in the App.
(g) If the NFC reader is unable to process a transaction, the Vendor may manually process the exchange of the Token for the Reusable and you agree to provide any information the Vendor may require to facilitate the transaction.
(h) Once you receive the Reusable, you may only use the Reusable:
(i) for personal, non-commercial purposes only;
(ii) with due care at all times to avoid any damage (whether intentional or otherwise);
(iii) subject to the return policy set out at clause 5.2; and
(iv) in accordance with the fair use policies or procedures as prescribed by us from time to time.
5.2. Return of Reusable
(a) You are required to return (to any Drop Off Point specified in the App) the Reusable:
(i) by the return date specified in the App (Return Date); and
(ii) in the same condition you received the Reusable (including in good working order) and in a clean and sanitary condition, and in such other manner as required by us (Return Conditions).
(b) The Reusable (which meets the Return Conditions upon return to the Vendor) will be exchanged for the virtual Token once the Vendor has accepted the return and you “tap” your Device on the NFC reader provided by the Vendor in accordance with the instructions in the App.
(c) If the NFC reader is unable to process a transaction, the Vendor may manually process the exchange of the Reusable for the Token and you agree to provide any information the Vendor may need to facilitate the transaction.
5.3. Damaged or Lost Reusables
If you:
(a) damage the Reusable (resulting in the Reusable not meeting the Return Conditions); or
(b) lose the Reusable (resulting in the Reusable not being returned to a Drop Off Point by the Return Date), we may charge you a replacement fee for the Reusable, at our discretion.
6.1. Payment Method
(a) When you sign up for a Plan, you are required to provide us one or more current, valid, accepted method of payment (as set out in the App), which may be updated from time to time (Payment Method).
(b) By signing up for a Plan, you agree to us charging the Fee to your Payment Method in accordance with the Billing Cycle.
(c) Your Billing Cycle may change where your Payment Method has not successfully settled the Fee or the Payment Date is on a day not contained in a given month.
(d) We will notify you by email as soon as reasonably practicable after a payment has been successfully processed and received by us.
(e) If we cannot charge you, you will receive a notification from us, and you will need to contact us to resolve the issue. We will not attempt to charge you again until the issue has been resolved.
(f) If we do not receive payment of the Fee from the Payment Method, we may suspend your access to the Services until we have successfully charged a valid Payment Method.
(g) For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
(h) You can update your Payment Method in the App. You consent to us continuing to charge the Payment Method where we receive updated payment information from the payment provider.
(i) We make no warranties that a Payment Method will be available to use at the time of payment.
( j) If you believe that you were incorrectly charged, please contact us immediately. Please note that we will only store and hold information relating to the payment credentials in accordance with our Privacy Policy.
6.2. Cancellation of Subscription
(a) You may cancel your plan through the App at any time and will continue to have access to the Services until the end of the Billing Cycle.
(b) To the maximum extent permitted by law, all payments which have been made are non-refundable, including but not limited to, where you have not used the Services.
(c) We may cancel your Subscription at any time where you breach these Terms of Use.
6.3. Changes to Plan
We may change the Plans, including the Fee and the Token Allocation, by providing you with 30 days prior written notice.
6.4. Replacement Fee
If you fail to return the Reusable (including where the Reusable is not returned to a Drop Off Point by the Return Date or the Reusable is lost) or the Reusable is returned and does not meet the Return Conditions (including where the Reusable is damaged), we may charge you a replacement fee for the Reusable, at our discretion.
(a) We may offer you promotional codes, rewards, or coupons (Promotion), for the purposes of reducing the cost of the Service Fee, subject in all respects to the specific terms and conditions associated with that Promotion, which we may prescribe from time to time.
(b) We reserve the right to cancel, modify, deactivate or refuse the use of the Promotion, at any time, for any reason without notifying you.
8.1. Ownership
You acknowledge that:
(a) all rights, title and interest in the Intellectual Property, anywhere in the world, belong to us or our licensors;
(b) all rights in relation to the Intellectual Property are licensed (not sold) to you; (c) you hold no proprietary rights, title or interest in the Intellectual Property, other than the right to use such property in accordance with these Terms and Conditions; and
(d) nothing contained in these Terms and Conditions shall be construed as an assignment or transfer of the Intellectual Property to you.
8.2. Grant and Scope of Licence
(a) In consideration of you agreeing to abide by these Terms, we grant you a worldwide, limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable, revocable, licence to use:
(i) the Intellectual Property to access the App and the Services; and
(ii) the App and download a copy of the App on the Devices, for personal and non-commercial purposes only, subject to these Terms and the Privacy Policy (Licence).
(b) You acknowledge and understand that you are solely responsible for your use of the Intellectual Property, App and the Services in this regard (including any other party’s use of your account).
8.3. Licence Restrictions
Except as expressly set out in these Terms or as permitted by any local law, you undertake and agree that you will not (and will not allow any person using your account to), without our prior written consent:
(a) rent, lease, sublicence, loan, sell or use for commercial purposes, the Intellectual Property, App and/or Services;
(b) modify, alter, merge, adapt, translate, reverse-engineer, decompile, disassemble, or make derivative uses of, the whole or any part of the Intellectual Property, App and/or Services;
(c) copy, imitate, mirror, reproduce, distribute, disseminate, publish, download, display, perform, post or transmit any Intellectual Property in any form or by any means;
(d) permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(e) copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(f) use the Intellectual Property, App and/or Services in a way that may (or does) damage, disable, overburden, interfere with, or adversely affect the functionality of the Intellectual Property, Website and/or Services;
(g) use any data mining bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website, or collect any information from the App or Services;
(h) use the Intellectual Property, App and/or Services in a way that may (or does) bring our business, the App or Services into disrepute;
(i) use the Intellectual Property unlawfully, in an inappropriate way or in a manner inconsistent with these Terms;
(j) infringe our rights (or the rights of any third parties) in relation to the Intellectual Property;
(k) bypass or avoid our security features or measures which have been implemented on the App or in connection with the Services (or attempt to do the same);
(l) apply to register, or challenge the validity of, the Intellectual Property;
(m) provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(n) fail to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
You must not:
(a) use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
(b) infringe our Intellectual Property or the Intellectual Property of any third party in relation to your use of the App or any Service;
(c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Services (as determined at our sole and exclusive discretion);
(d) use the App or any Service 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 App, any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
(f) participate in any deceptive behaviour (as determined at our sole and exclusive discretion) or manipulate the App in any way, or act in any manner that may bring us into disrepute.
(a) You acknowledge and agree that:
(i) the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the processes and functions of the App meet your requirements;
(ii) the App, Services and Reusables are provided on an “as is” and “as available” basis and Reusably does not guarantee that the App, Services and/or Reusables will be:
(A) available from any Vendors from to time; and
(B) suitable for your needs.
(iii) the Vendors are independent contracting parties, and are not our employees, agents, affiliates, joint venturers or partners.
(b) To the maximum extent permitted by law, we have no liability to you for:
(i) any loss of profit, loss of business, business interruption, or loss of business opportunity deriving from your use of the App, or the provision of the Services to you;
(ii) any act or omission, made in error by you, in the course of using the App or the Services, including where you fail to return the Reusable to a Drop Off Point;
(iii) your Device not being a compatible with the Services;
(iv) the provision of the food and beverages to the User by the Vendor, including but not limited to the quality of the food and beverages; and
(v) the conduct of the Vendors in relation to the App and Reusables.
(c) We assume no duty of care to you or any other party who relies on anything provided for by the App.
(d) We rely on all warranties and undertakings provided by you in relation to the Services and the App as set out in these Terms.
(e) While we may collect Personal Information in accordance with these Terms, without limiting our right to make reasonable enquiries to ascertain the legitimacy and efficacy of Personal Information, at no stage are we responsible for (nor do we make any representations or warranties with respect to) the Personal Information and/or the App Content. Similarly, we are not obliged to confirm or check the accuracy, legitimacy or efficacy of the Personal Information and/or the App Content.
(f) Our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to $1.
(a) We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including the failure of public or private telecommunications networks (Event Outside Our Control).
(b) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(i) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(ii) we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
(a) We may terminate these Terms immediately by written notice to you, at any time, for any reason.
(b) You may terminate these Terms at any time, for any reason, by cancelling your Subscription through the App.
(c) On termination for any reason:
(i) all rights granted to you under these Terms shall immediately cease;
(ii) you will no longer be granted access to the Services and the App; and
(iii) you must immediately return to us:
(A) any Intellectual Property, and any of our confidential information or other property that is in your possession at that time; and
(B) all Reusables (in the Return Condition) that are in your possession at that time.
(a) You discharge and forever release Reusably from any claim, loss, actions, proceedings, demands, costs, expenses and liability relating to your use of the App and/or the provision of the Services to you.
(b) You hereby defend, indemnify and hold harmless Reusably, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, loss, actions, demands, liabilities and settlements, arising in connection with your use of the App and/or the Services, and/or your breach of any term of these Terms.
(a) The App may be downloaded from either the Apple Inc (Apple) application store (Apple App Store) or the Google LLC (Google) android application store (Google Play Store).
(b) You acknowledge:
(i) “Apple”, “Apple Pay”, “Touch ID”, the Apple logo, “iPhone” and other trademarks registered in the U.S. and other countries, are the property of Apple;
(ii) “Android”, the Android logo, “Google Play”, and other trademarks registered in the U.S. and other countries, are the property of Google;
(iii) these Terms are solely between you and Reusably and not with Apple or Google;
(iv) Reusably, not Apple or Google, is solely responsible for the App and the content contained within the App;
(v) use of the App is subject to any additional restrictions set out in the usage rules for the Apple App Store and the Google Play Store;
(vi) to the extent that there is a conflict between these Terms and the terms of use for the Apple App Store or the Google Play Store, the terms and conditions of the Apple App Store or the Google Play Store will apply; and
(vii) Apple and/or Google has no obligation whatsoever to maintain the App and/ or provide support services with respect to the App.
(a) Unless otherwise expressly stated, the price and any other sums payable for any Services are inclusive of GST.
(b) In the event of a taxable supply (as defined in the GST Act), we will ensure any such supply is provided for in any Invoice provided to you (as appropriate).
(a) We may transfer our rights and obligations under these Terms to another party at our discretion. You may only transfer your rights or obligations under these Terms to another party if we agree in writing.
(b) If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, 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 we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
(c) Each of the conditions of these Terms operates 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.
(d) These Terms, are governed by the laws of South Australia. You and we both agree that the courts of South Australia will have non-exclusive jurisdiction.
(e) If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by e-mail at info@reusably.com.au. If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the addresses you provide to us when creating an Account.