1. Introduction

1.1. These terms and conditions apply to your access to and use of the Loyalty App (App) which is operated by Muffin Break Pty Ltd (Muffin Break) and indicates your acceptance of these terms and conditions. If you do not agree with all or any part of these terms and conditions, you should not use this App. Subject to your compliance with these terms and conditions, we grant you a limited, non-exclusive, revocable, non-transferable licence to access and use the App. Muffin Break may terminate this licence at any time.

1.2. The App is a technology platform that allows you to access and manage your Loyalty membership account and also to order food and drinks for pick-up from participating Muffin Break cafes. It is made available only for personal, non-commercial use.

1.3. You must be a Muffin Break Mates (Loyalty Program) member (Member) to receive and redeem your Loyalty points.

1.4. We may amend these terms and conditions from time to time without prior notice. Your continued use of the App, following any changes, indicates your acceptance of those changes. If at any time you do not agree with these terms and conditions, you should not use the App. To the extent of any inconsistency between these Terms and Conditions, the Websites terms of use or to any other Service, these Terms and Conditions will prevail.

1.5. We may cease operating the App at any time and for any reason without prior notice and with no further obligation to you. We will not be liable to you for any reason as a result of our ceasing to operate the App.

2. How to join the Loyalty Program

2.1 You agree that you may only register one Loyalty Program account. You must be 14 years or over to create an online Loyalty Program account by downloading, installing, accessing or using the App or by registering through Muffin Break’s website. If you are under the age of 18, you need your parent or guardian’s consent to be a Member and use the App. Your use of the App indicates their consent to be bound by these terms and conditions. You will comply with all applicable laws in downloading, installing, accessing and using the App and accept all responsibility in doing so.

2.2 You will need to set up a password and provide us with your full name, email address, mobile phone number and date of birth (optional) for the registration of your Loyalty Program account.

2.3 Once you have created your Loyalty Program account, you will be sent an email and SMS to verify you. Once you have been verified, you are registered to the Loyalty Program and you can continue using the App as a Member.

2.4 The App is only available for use in Australia and can only be used by downloading it onto a device that operates on an iOS or Android operating system. You download, install, access and use the App at your own risk and cost (if applicable).

2.5 We can only accept registration as a Member from people with an Australian mobile number and are under no obligation to accept the registration of a Member from any particular person.

2.6 You agree to be solely responsible for having the right infrastructure and services including software and hardware and internet connection to access the App for placing orders and any associated costs including but not limited to mobile data and other internet usage charges.

3. Placing Orders (“The App Ordering System”)

3.1 To use the App to place an order, you will need to be a Member of our Loyalty Program, or you can use the App as a guest. If you wish to use the App as a guest, you will be required to provide us with your full name, email address and mobile phone number when you place an order. As a Member, you will earn points on eligible products. All information provided by you must be current, correct and complete when provided. You are responsible for updating any information that changes, and you can do this by managing your account information via the App except for your date of birth. You can request for your date of birth to be updated to the correct date by emailing Customer Service on customerservice@muffinbreak.com.au

3.2 We reserve the right to refuse your request to set up an account. You may only have one account and it must be set up only once in your own name. We may ask you to provide us with proof of your identity to ensure that you are eligible to be a Member.

3.3 You can delete your account at any time or by notifying us at customerservice@muffinbreak.com.au if you no longer wish to be a Member, in which case you will no longer be able to use the App as a Member.

3.4 If you use the App to place an order, you are responsible for checking the availability of the product and ensuring the order is correct before submitting the order. All products and pricing for the products will be published on the App ordering system.

3.5 The order must be paid via the App with a credit card, debit card, Google Pay, Apple Pay or by other means allowed for in the App and cannot be made in-store by credit card or any other means. You acknowledge and agree that as part of the payment process, we will need to provide your credit card information to third parties, including payment providers. That provider will have their own practices and policies around the use and safekeeping of your information which are outside of our knowledge and control.

3.6 Payment in full is required at the time that you place your order. If we cannot process payment, your order will not be fulfilled. If we are unable to process your payment, you will be notified at the time that you try to place your order. Once your order has been submitted and payment of the order has been successfully processed, you will receive confirmation of your order.

3.7 If you wish to cancel or update the order, you will need to contact the store directly you have placed the order with.

3.8 If order to locate your nearest Muffin Break café when placing an order, you need to enable location services on your device. In doing so, you consent to the disclosure of your location to us. As the App relies on third party systems to locate nearby Muffin Break cafes, we cannot promise that the store locator feature will be available or accurate at all times. Alternatively, you can choose store locations manually.

3.9 Not all menu items available in Muffin Break cafes will be available to order via the App, and we make no guarantees as to the availability of menu items. The range of items available for purchase via the App may also vary from time to time without notice and the price of menu items may vary from store to store, and from time to time. Occasionally, your chosen store may not be able to fulfil your order once it is placed, and we will notify you of this if it occurs and provide you with a full refund instore. Once your order has been placed, you cannot cancel it for any reason.

3.10 If you have any food allergies or intolerances, it is your responsibility to ensure that your order is consistent with your dietary requirements. We recommend that you refer to the details of allergens that may be present in your chosen menu item. This information is available on Muffin Break’s website.

3.11 As a condition of placing your order, you agree that food prepared for you by the store you have placed an order with must be consumed within a certain period of time of preparation in order to meet food health and safety standards and for safe consumption by you. If you do not collect your food within a reasonable period of time, and the store believes that it is no longer safe for consumption, or no longer meets our high standards because the quality or appearance have deteriorated, the store reserves the right to discard the food. In such circumstances, no refund will be made, nor any store credit provided. You acknowledge that it is your responsibility to collect the food at the time that it is ready for collection, and to consume it shortly thereafter.

3.12 Not all promotions that are run in-store will be available via the App. Gift vouchers, store credits and the like will not be available for redemption or use via the App.

3.13 We reserve the right to monitor your account activity. You must not use the App for illegal purposes nor for commercial purposes. You must not adapt, modify, reverse engineering, decompile, disassemble or interfere with the App in any way, nor encourage others to use the App to undertake any illegal activity. We reserve the right to suspend or terminate your account and your use of the App at any time and for any reason, without prior notice.

4. Earning and Redeeming Loyalty Points

4.1 Loyalty Points earned

• The Loyalty Program is where you can earn points (Loyalty Points) which equate to dollars (Discount Dollars).
• You will receive 1 (one) Loyalty Point for every $1.00 (one dollar) spent on eligible product in a single transaction, where a transaction amount is not a whole dollar amount, any amount over 50 cents will be rounded up to the nearest whole dollar and any amount under 50 cents will be rounded down to the nearest whole dollar.

4.2 Redeeming Loyalty Points (“The Discount Dollars”)

• If you have earned 50 Loyalty points, you will be eligible for a $5.00 credit, the Discount Dollars which can be redeemed on any product.
• There is no minimum or maximum redemption amount. Discount Dollars can be used as whole or partial payment for orders depending on the value of Discount Dollars on your account.
• If you have accumulated Discount Dollars but your Loyalty membership account has been inactive for 90 days, your Discount Dollars will expire after 90 days. The Discount Dollars are not transferable and cannot be redeemed for cash.
• For a transaction where Discount Dollars are redeemed, the Discount Dollars do not count as a point towards your next reward.

4.3 Sign Up Offer

• On signing up as a Member, you will automatically be eligible for a complimentary small hot beverage (Sign Up Offer) redeemable for 14 days from the date of signing up as a Member. Any upgrades or extras such as plant-based milk, extra shots and syrups will incur an additional charge.
• The Sign Up Offer is only available once per person per email address for signing up to the Loyalty Program only once.
• We reserve the right to change or alter the Sign Up Offer at any time.

4.4 Birthday Treat

• As a Member, you will be eligible for a free muffin (Birthday Treat) of your choice if are a Member and have purchased products instore or through the App during the past 11 months. Additional serving will incur additional costs.
• You will be notified of your Birthday Treat by email sent to your registered email address OR by viewing your Birthday Treat in the App OR by scanning your digital rewards card instore claim your 1 free Birthday Treat.
• Your Birthday Treat must be redeemed within your birthday month or if you have signed up to the Loyalty Program within your birthday month and made a purchase then you must redeem your Birthday Treat withing 30 days from signing up.
• The 1 (one) Birthday Treat is non-transferable and cannot be redeemed for cash.

5. Privacy

5.1 By providing us with your personal information, you agree that we may contact you about any orders that you place (including those which for any reason we are unable to fulfil) via the App, including by in-App notifications, text message and telephone.

5.2 We treat the use and storage of your information with respect and acknowledge that it is personal to you and that it is private. These terms and conditions incorporate our privacy policy, which you can access here and, on our website https://muffinbreak.com.au/ or by contacting us on the details provided below. You are responsible for maintaining the confidentiality of the information that you provide, including personal details, passwords and payment details. You should immediately notify us if you share your confidential details with others or if you believe that your privacy has been breached. You are responsible for the activities of any individual who accesses your accounts. We will not be liable for any activity by third parties in relation to your account.

6. Communication

6.1 We will communicate with you electronically via text message (SMS), in-App messages, push notifications or email about your use of the App and Website, including providing confirmations of orders placed online. You consent to receive communications from us in this way.

6.2 You can opt-out of receiving marketing communications which include SMS, in-App messages, push notifications and email by contacting us at customerservice@muffinbreak.com.au or by using the unsubscribe function in the marketing communication. You acknowledge that opting-out of SMS, in-App messages, push notifications or email may impact your use of the App and Website and that we may not be able to contact you as contemplated in these Terms.

7. General

7.1 We reserve the right in our sole discretion to refuse the use of your user account where we suspect there is suspicious, unauthorised, fraudulent or otherwise unlawful activity. We may also cancel your user account where there is suspicious, unauthorised, fraudulent or otherwise unlawful activity. If we cancel your account, your accumulated awards (if any) such as the Sign Up Offer, Discount Dollars and / or Birthday Treat will be forfeited.

7.2 By accessing the App and accepting the Terms and Conditions, you acknowledge The App or the App Ordering System is hosted and administered by a third party provider and not by Muffin Break . That third party is also used by Muffin Break and its franchisee to process payments through the App Ordering System.

7.3 We reserve the exclusive right at any time to update:

• the App as a whole including its design or content;
• stop or suspend the App ordering system or any part of it.

7.4 We do not warrant that the App will be error-free, free from viruses or other harmful components, free from outages or disruption of service, or that it will meet your requirements.

7.5 While every effort will be made in store to ensure Discount Dollars are correctly awarded, Muffin Break takes no responsibility for technical errors associated with crediting points or rewards onto your Loyalty Program account.

7.6 You acknowledge that we have valuable intellectual property rights that exist over images associated with the App and the brand “Muffin Break”. All App materials (including but not limited to text, graphics, photos, images, concepts, sounds, music, moving images and any other content), logos and trademarks appearing on the App as well as the software and scripts that underpin the App are owned by or licensed to Muffin Break and are not to be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited without our express written consent.

7.7 To the fullest extent permitted by law, we exclude all warranties of any kind, whether express or implied, and are not liable for any loss, damage, expense or cost that you may suffer or incur or claim or demand made against you as a result of you downloading, installing, accessing or using the App. You do have rights under the Australian Consumer Law, which rights we do not seek to limit here. Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent the law allows.

7.8 You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or related to your conduct, your use of the App, your breach of these terms and conditions, or your breach of any rights of third parties.

While Muffin Break makes the App available for download, installation, access and use, it does not provide you with any food or drinks. You acknowledge that once your order is placed you contract with the franchisee store responsible for fulfilling your order and not Muffin Break (except where an order is placed with a Muffin Break’s company/corporate store). You acknowledge that you have no claim or action against Muffin Break , and Muffin Break accepts no responsibility, in respect to orders placed with franchisee stores.

7.9 These terms and conditions are governed by the laws of New South Wales, Australia and you consent to the jurisdiction of the courts in that State.

7.10 You can contact us via:

• Mail: Building 208 – 1M, The Entertainment Quarter, 122 Lang Road, Moore Park NSW 2021 or PO Box 303, Double Bay NSW 1360
• Email: customerservice@muffinbreak.com.au
• Telephone: 1800 622 338