Zarraffa’s Z Card® Terms & conditions
1. Introduction
1.1 This document is known as the Zarraffa’s Z Card® Terms and Conditions.
1.2 This document sets out the Terms and Conditions of Zarraffa’s Z Card® Program provided by Zarraffa’s Franchising Pty Ltd (ACN 093 874 250) (“Zarraffa’s”). These Terms and Conditions are intended to govern the relationship between you (being the Member or Card Holder) and Zarraffa’s with respect to your Membership.
1.3 These Terms and Conditions will apply from the time of purchase of Zarraffa’s Z Card®. These Terms and Conditions explain how a Member can earn Zarraffa’s Z$® when they make a purchase at any Zarraffa’s Coffee Store.
1.4 You must read this document carefully before using the Zarraffa’s Z Card® Program. If you do not understand these Terms and Conditions or if you have any questions, please contact Zarraffa’s Coffee Administration Team as per below and they will be happy to help you:
(a) phone – 07 5500 0800;
(b) email – zcard@zarraffas.com; or
(c) post – Zarraffa’s Z Card® Administration, PO Box 2089, BEENLEIGH QLD 4207, (“Contact Details”).
1.5 If you do not agree with these Terms and Conditions, you must not access or must otherwise stop use of the Zarraffa’s Z Card Program immediately.
2. Definitions and Interpretation
2.1 Definitions
In these Terms and Conditions:
(a) Active Member is a Member who has recorded Zarraffa’s Z$® activity by making at least one (1) purchase in any six (6) month consecutive period.
(b) Base Rate means the minimum number of Zarraffa’s Z$® issued per dollar spent on an Eligible Transaction. The current Base Rate is one (1) Zarraffa’s Z$® per every $10 spent (exclusive of GST). Zarraffa’s may vary the Base Rate from time to time by notice to you.
(c) Benefits means the facilities, services, products, discounts, offers, rewards, activities and events or arrangements offered or made available to Members from time to time.
(d) Card Holder means the person who has completed the Purchase and has not completed Registration.
(e) Complimentary Drink means the value of one (1) complimentary standard tall “Hot Drink” from Zarraffa’s menu item, where the value of the complimentary drink that will be loaded on a Member’s Zarraffa’s Z Card® is determined based on the Zarraffa’s Coffee Store location that the Member most frequently visits as (determined by Zarraffa’s from time to time by considering the Member’s transaction history) and falling into any of the following pricing regions, being those regions established by Zarraffa’s in its absolute discretion and from time to time
(i) QLD / NSW Metro;
(ii) NSW Regional;
(iii) QLD Regional;
(iv) QLD Remote;
(v) WA Regional; and
(vi) WA Remote.
For the purpose of the “complimentary drink”, standard “Hot Drink” from Zarraffa’s menu items are limited to the following menu items:
(i) Caffe Latte;
(ii) Cappuccino;
(iii) Flat White; and
(iv) Americano.
(f) Contact Details means the contact details for the Zarraffa’s Coffee Administrative Team as set out above or as otherwise determined by Zarraffa’s from time to time.
(g) Eligible Item means:
(i) bulk coffee;
(ii) a drink from Zarraffa’s “Hot Drinks” and “Cold Drinks” menu;
(iii) any non-alcoholic drink regarded as being alternative brewing by Zarraffa’s from time to time; and
(iv) Okapi® coffee capsules,
but excluding:
(i) any purchases combined with or part of any other promotional offers or loyalty programs made available by Zarraffa’s from time to time (including but not limited to pre-paid cards);
(ii) any bottled beverages; and/or
(iii) alcoholic beverages.
(h) Eligible Transaction means the purchase of an Eligible Item at a Zarraffa’s Coffee Store.
(i) GST means the goods and services tax under A New Tax System (Goods and Services) Act 1999 (Cth) (“GST Act”) and to the extent relevant for GST purposes, the terms used in these Terms and Conditions have the meanings prescribed in the GST Act.
(j) Inactive Period means either one (1) or a combination of the following, as the context requires:
(i) the time between the Purchase and Registration; and/or
(ii) the time between last use of the Zarraffa’s Z Card® and when the Zarraffa’s Z Card® was reactivated in accordance with these Terms and Conditions.
(k) Member means the person who has completed the Purchase and Registration and is registered as the holder of the Zarraffa’s Z Card®. For the avoidance of doubt, a person only becomes a Member once they have successfully completed Registration.
(l) Member Portal means the portal operated by Zarraffa’s which is accessible on Zarraffa’s website or any other platform made available by Zarraffa’s from time to time and which contains account information specific to a Member, their Zarraffa’s Z Card® and the Zarraffa’s Z Card® Program, which is accessible by the Member following Registration.
(m) Membership means membership of the Zarraffa’s Z Card® Program.
(n) Purchase means the purchase of an inactive Zarraffa’s Z Card® for the Price at any Zarraffa’s Coffee Store or by such other means as determined by Zarraffa’s from time to time.
(o) Price means the retail purchase price for the Zarraffa’s Z Card® determined by Zarraffa’s from time to time, representing an administration fee for the Zarraffa’s Z Card® Program.
(p) Registration means:
(i) registering your details (including, without limitation, your full name; sex (if requested); your birth month and year; your email address; your mobile phone number; information related to your address (at a minimum post code or suburb and State); and, as applicable, the unique Zarraffa’s Z Card® number and pin printed on the card, or handed out at the time of a physical card purchase) with Zarraffa’s at https://www.zarraffas.com/z-card/register/ (or by such other method as authorised by Zarraffa’s from time to time); and
(ii) completing the verification process (if any) as determined and authorised by Zarraffa’s, from time to time,
in order to activate the Zarraffa’s Z Card®.
(q) Terms and Conditions means the Zarraffa’s Z Card® Terms and Conditions set out in this agreement (as amended by Zarraffa’s from time to time in accordance with these Terms and Conditions ).
(r) Zarraffa’s or We means Zarraffa’s Franchising Pty Ltd ACN 093 874 250 of T3, 124 Distillery Road, EAGLEBY QLD 4207.
(s) Zarraffa’s Z$® or Z$ means those rewards made available to the Member by Zarraffa’s from time to time.
(t) Zarraffa’s Coffee Store means any franchised or corporate operated Zarraffa’s Coffee store (for a full list of store locations visit https://www.zarraffas.com/our-stores/).
(u) Zarraffa’s App means the Zarraffa’s software application or program available to download on a mobile phone device, tablet or other compatible electronic device.
(v) Zarraffa’s Z Card® means the loyalty card provided by Zarraffa’s (in a physical form and/or in a digital form, including via the Zarraffa’s App for use by each Card Holder or Member in relation to the Zarraffa’s Z Card® Program.
(w) Zarraffa’s Z Card® Program means the loyalty program operated and managed by Zarraffa’s under which a Card Holder or Member may accrue and in the case of a Member, redeem Zarraffa’s Z$® in accordance with these Terms and Conditions.
(x) Z Update means a quarterly communication issued to each Member (which may outline the current Zarraffa’s Z$® balance available to be redeemed by that Member).
2.2 Interpretation
In these Terms and Conditions, unless a contrary intention appears:
(a) headings have been inserted for convenience only, and do not affect the interpretation of these Terms and Conditions;
(b) a reference to a person includes a natural person, company, statutory corporation, partnership, the Crown and any other organisation or type of legal entity;
(c) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(d) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;
(e) include and including when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind;
(f) the words at any time mean at any time and from time to time;
(g) a word that is derived from a defined word has a corresponding meaning;
(h) monetary amounts (dollars or $) are expressed in Australian dollars, being the lawful currency of the Commonwealth of Australia;
(i) all monetary amounts are expressed exclusive of GST; and
(j) a reference to a natural person includes their personal representatives, successors and permitted assigns.
3. Participation and Membership
3.1 Membership in the Zarraffa’s Z Card® Program:
(a) is only open to individuals residing in Australia who are over 16 years of age;
(b) requires the payment of the Price;
(c) is limited to one (1) Zarraffa’s Z Card® per person; and
(d) is offered at Zarraffa’s discretion. For the avoidance of doubt, Zarraffa’s has the right to accept or reject any application to participate in the Zarraffa’s Z Card® Program at its sole and absolute discretion.
3.2 Membership to the Zarraffa’s Z Card® Program requires the payment of the Price at the time of Purchase and Membership continues for the term of the Zarraffa’s Z Card® Program for Active Members.
3.3 Card Holders will be bound by these Terms and Conditions, as amended from time to time, upon purchase of the Zarraffa’s Z Card®. Members will be bound by these Terms and Conditions, as amended from time to time, upon Registration and otherwise, by continued use of the Zarraffa’s Z Card®. These Terms and Conditions are deemed to have been accepted and will:
(a) be binding on a Card Holder at the time of Purchase;
(b) continue to be binding when a Card Holder becomes a Member at the earlier of Registration or agreeing to be bound by the Terms and Conditions at Registration and thereafter, by their continued use of the Zarraffa’s Z Card®.
For the avoidance of doubt and for a Card Holder, the continued use of the Zarraffa’s Z Card® constitutes acceptance and binds the Card Holder to the Terms and Conditions.
3.4 Zarraffa’s Z$® will not be awarded until these Terms and Conditions have become binding on a Member.
3.5 Subject to paragraph 8.1, a Card Holder may earn Zarraffa’s Z$® during the Inactive Period, however, Zarraffa’s Z$® cannot be redeemed until the Card Holder becomes a Member.
3.6 All Card Holders will be assigned a membership number. This number will be used for identification purposes by Zarraffa’s.
3.7 Subject to paragraph 4.9, Zarraffa’s will:
(a) upon Registration (except where the Zarraffa’s Z Card® is replaced by Zarraffa’s); and
(b) on or around a Member’s birth month (provided Registration is completed at least one (1) day before the commencement of the Member’s birth month) in each year,
load onto the Zarraffa’s Z Card® the value of one (1) Complimentary Drink. Zarraffa’s may, at its discretion, notify a Member about their entitlement to the Complimentary Drink via the Zarraffa’s App or by using the Member’s nominated email address or text message. Notwithstanding anything elsewhere stated and for the avoidance of doubt:
(a) the value of the one (1) Complimentary Drink will only be loaded or otherwise added onto the Zarraffa’s Z Card® to the extent that the Member has not already accrued 15 Zarraffa’s Z$®; and
(b) a Member can only accrue a maximum of 15 Zarraffa’s Z$® at any one (1) time and should the Member’s Zarraffa’s Z Card® already have a balance of 15 or more Zarraffa’s Z$®, then that Member’s entitlement to the credit of the one (1) Complimentary Drink will be limited to the extent that the account balance does not exceed 15 Zarraffa’s Z$®.
3.8 The Zarraffa’s Z Card®:
(a) is a reward card program only (whether using a physical card or digital card);
(b) is not a debit, credit or charge card;
(c) is not transferable;
(d) cannot be redeemed for cash; and
(e) remains the property of Zarraffa’s at all times.
3.9 Membership may be cancelled and/or refused to individuals by Zarraffa’s at its sole and absolute discretion. In this case all Zarraffa’s Z$® will be forfeited and cancelled.
3.10 Zarraffa’s gives no guarantee that its Member Portal, Zarraffa’s App, website or other computer services used as part of the Zarraffa’s Z Card Program® will be available at all times.
3.11 Members must use their respective Zarraffa’s Z Card® at least once every six (6) months to be an Active Member. Where a Member is no longer an Active Member, Zarraffa’s:
(a) may deem the Membership as inactive until such time as it receives a request from the Member to reactivate the Zarraffa’s Z Card®; and/or
(b) may cancel or cause to become inactive any accrued Zarraffa’s Z$® without compensation. In this case all Zarraffa’s Z$® will be forfeited and cancelled.
3.12 A Member may at any time (at no additional cost to the Member) visit the Member Portal to:
(a) see their current Zarraffa’s Z$® balance; and
(b) update their details with Zarraffa’s for the Zarraffa’s Z Card® Program.
3.13 A Member’s rights under these Terms and Conditions (including any accrued Zarraffa’s Z$®) cannot be sold, transferred or assigned except in accordance with these Terms and Conditions.
4. Earning and redeeming Zarraffa’s Z$ Dollars®
4.1 Members:
(a) earn Zarraffa’s Z$® on each Eligible Transaction by presenting their Zarraffa’s Z Card® at the point of sale for swiping, scanning or otherwise recording the details by such means determined by Zarraffa’s, prior to the completion of an Eligible Transaction; and
(b) cannot redeem Zarraffa’s Z$® during any Inactive Period.
4.2 Card Holders:
(a) earn Zarraffa’s Z$® on each Eligible Transaction by presenting their Zarraffa’s Z Card® at the point of sale for swiping, scanning or otherwise recording the details by such means determined by Zarraffa’s, prior to the completion of an Eligible Transaction; and
(b) cannot redeem Zarraffa’s Z$® until they have completed Registration and thereafter are Active Members.
4.3 Zarraffa’s Z$®:
(a) are calculated and allocated to Members (or, if applicable, Card Holders) at the Base Rate;
(b) are calculated based on the actual price (or monetary amount) paid in an Eligible Transaction and not the value of any complimentary upsize, flavour or other offer;
(c) may be redeemed by Active Members only. The Active Members can redeem Zarraffa’s Z$® by using the formula one (1) Zarraffa’s Z$® = $1 (one Australian dollar);
(d) may only be redeemed for Eligible Items;
(e) are not able to be redeemed for Australian dollars;
(f) may only be redeemed for one (1) Zarraffa’s Coffee “Hot Drink” and “Cold Drink” menu item (being the non-alcoholic beverage on Zarraffa’s menu) per transaction or redemption;
(g) can only be redeemed and issued in whole Zarraffa’s Z$® amounts. No change in Australian dollars or Zarraffa’s Z$® will be given in relation to any part Zarraffa’s Z$® redeemed and Zarraffa’s Z$® will only be earned for the number of whole Australian dollars spent;
(h) cannot be redeemed in conjunction with Australian dollars (i.e. a Member cannot use Australian dollars to pay for part of the redemption of a particular menu item where they are using Zarraffa’s Z$®); and
(i) will be awarded to a Member’s respective Zarraffa’s Z Card® account only after Eligible Transactions have been verified by Zarraffa’s, which may take up to 30 days. Zarraffa’s is not responsible for any time delay. Zarraffa’s Z$® are only recognised and available for use after they are successfully processed by Zarraffa’s to a Member’s Zarraffa’s Z Card® account.
4.4 If the Zarraffa’s Z Card® is not presented at the point of sale, Zarraffa’s will not under any circumstances issue Zarraffa’s Z$® or allow the redemption of Zarraffa’s Z$® in relation to that transaction. For the avoidance of doubt, a reference to ‘point of sale’ includes the point at which the transaction is processed at a Zarraffa’s Coffee Store.
4.5 Zarraffa’s will deduct from your Zarraffa’s Z Card® any Zarraffa’s Z$® that have been credited to your Zarraffa’s Z Card® Program account:
(a) in error;
(b) if the Eligible Transaction was cancelled, reversed or a refund was otherwise provided for that Eligible Transaction; and/or
(c) if Zarraffa’s reasonably deems in its sole discretion that the Zarraffa’s Z$® have been earned through fraudulent, misleading or dishonest conduct.
4.6 A Member can see their Zarraffa’s Z Card® account balance, free of charge, at any time by logging on to the Member Portal.
4.7 Zarraffa’s Z$® can only be earned by Members or Card Holders for their own personal purchases.
4.8 All accrued Zarraffa’s Z$® must be redeemed within six (6) months from the date they were applied or loaded on a Member’s and/or Card Holder’s Zarraffa’s Z Card®, after which the Zarraffa’s Z$® will be cancelled.
4.9 Members may not accrue more than 15 Zarraffa’s Z$® on their Zarraffa’s Z Card® (any Eligible Transaction above this amount will not accrue Zarraffa’s Z$® on the Members account balance).
5. Other Benefits and Special Promotions
5.1 The current features and benefits of the Zarraffa’s Z Card® are described on Zarraffa’s website, the Member Portal or such other platform determined by Zarraffa’s from time to time.
5.2 If Zarraffa’s makes available a special Zarraffa’s Z Card® promotion, Zarraffa’s will advertise this by giving a Member notice via the Zarraffa’s App, or via email, text message, Zarraffa’s website or via any other means determined by Zarraffa’s, at its discretion. In the notification, Zarraffa’s will provide terms and conditions specific to that promotion, which may include the following:
(a) what is deemed as an eligible transaction for the purpose of the special promotion;
(b) the period during which the eligible transaction must be made for it to be the subject of the special promotion; and
(c) the length of the relevant special promotion term.
5.3 If Zarraffa’s invites you to a special event, your Zarraffa’s Z Card® may be required to be presented to gain admittance or discount.
5.4 Zarraffa’s may from time to time permit the redemption of Zarraffa’s Z$® for rewards other than the Eligible Items. Zarraffa’s will notify a Member or Card Holder of these rewards and the terms on which Zarraffa’s Z$® can be redeemed for these rewards, in accordance with these Terms and Conditions.
5.5 From time to time Zarraffa’s may send Members or Card Holders offers or information:
(a) related to the Zarraffa’s Z Card® Program (including about the Card Holder’s or Member’s specific account);
(b) related to other loyalty programs operated within Zarraffa’s Coffee Stores or by a related entity;
(c) related to Zarraffa’s Coffee Stores;
(d) related to the business of Zarraffa’s associate or related entity; and
(e) from partners or associates of Zarraffa’s or Zarraffa’s Coffee Stores.
6. Errors and Lost and Stolen Memberships or Z Cards
6.1 The Member Portal may contain all currently held information about a Member, including the Member’s current Zarraffa’s Z$® balance. In addition to this, Zarraffa’s may send you a quarterly Z Update which notes a Member’s Zarraffa’s Z$® balance. You should regularly check the Member Portal and each Z Update (if any) carefully and if you think there may be an error, including with your Zarraffa’s Z$® balance, you should contact Zarraffa’s Administration Team (please include or provide your full name, Zarraffa’s Z Card® number, contact phone number, details of the disputed Zarraffa’s Z$® and copies of any relevant receipts). Zarraffa’s Administrative Team can be contacted as set out in the Contact Details.
Any claim for missing or incorrect allocation of Zarraffa’s Z$®, must be made in writing with supporting sales receipts, details of any error you believe may have occurred within 30 days from when the Eligible Transaction occurred to which the missing Zarraffa’s Z$® are the subject of. Any matter relating to the earning or allocation of Zarraffa’s Z$® or rewards will be resolved by Zarraffa’s, at its sole and absolute discretion. If a claim for missing or incorrect allocation of Zarraffa’s Z$® is made more than 30 days from the date of the Eligible Transaction, then you acknowledge and agree that Zarraffa’s is not required to consider the claim, but may elect to do so at its absolute discretion.
6.2 Lost or stolen Zarraffa’s Z Cards® must be reported immediately to Zarraffa’s Administration Team in writing as set out in the Contact Details for Zarraffa’s (please include your full name, date of birth, contact phone number and details of the lost, misplaced or stolen card). Once a lost, misplaced or stolen Zarraffa’s Z Card® has been reported to Zarraffa’s, a replacement Zarraffa’s Z Card® can be obtained by making a Purchase for the Price and completing Registration.
6.3 Zarraffa’s is not liable for any unauthorised use of a Zarraffa’s Z Card® as a result of a Member’s or Card Holder’s delay to report the lost, misplaced or stolen Zarraffa’s Z Card® to Zarraffa’s. Zarraffa’s Z$® will not accrue once a Member or Card Holder has reported that Zarraffa’s Z Card® as lost, misplaced or stolen.
6.4 Within 30 days following Registration of the replacement Zarraffa’s Z Card®, the Member may request the balance of Zarraffa’s Z$® from their lost, stolen or misplaced Zarraffa’s Z Card® to be transferred to the replacement Zarraffa’s Z Card® via the form provided in the Member Portal or by contacting Zarraffa’s Administration Team as set out in the Contact Details. Any Zarraffa’s Z$® not transferred within the time period specified in this paragraph will be forfeited. The maximum amount that will be transferred to the replacement Zarraffa’s Z Card® is such amount so that the balance does not exceed 15 Zarraffa’s Z$®. Where such transfer would result in more than 15 Zarraffa’s Z$® being transferred to the replacement Zarraffa’s Z Card®, the remaining Zarraffa’s Z$® on the lost, stolen or misplaced Zarraffa’s Z Card® will be forfeited at the discretion of Zarraffa’s.
7. Z Card Program Changes
7.1 Zarraffa’s reserves the right at all times to make any changes to the Zarraffa’s Z Card® Terms and Conditions or Benefits offered at its sole discretion, including but not limited to:
(a) changes to rules governing:
(i) Active Members;
(ii) Members;
(iii) Card Holders;
(iv) Membership information;
(v) Eligible Transaction;
(vi) Base Rate;
(vii) Expiry of accrued Zarraffa’s Z$®;
(viii) Awarding or redeeming of Zarraffa’s Z$®; or
(b) changes to Benefits offered.
7.2 Zarraffa’s may, upon 14 days’ notice, revise and make any changes it sees fit to the Terms and Conditions governing the Zarraffa’s Z Card® Program by:
(a) giving notice to you via the email address or mobile phone number provided to Zarraffa’s, as noted in the Member Portal; or
(b) publishing the revised terms and conditions on Zarraffa’s website, in conjunction with the outgoing terms and conditions until the revised terms and conditions take effect following the 14 day notice period.
A Card Holder’s or Member’s use of the Zarraffa’s Z Card® following any revision or changes to these Terms and Conditions shall constitute their acceptance of the revised terms and conditions. Zarraffa’s may, in its discretion, request a Member to accept any revised terms and conditions at their next log in to the Member Portal.
8. Termination and Transfer
8.1 Zarraffa’s reserves the right to immediately suspend or terminate your participation in the Zarraffa’s Z Card® Program if Zarraffa’s reasonably believes that:
(a) you have breached these Terms and Conditions;
(b) a person has engaged or may engage in fraudulent, misleading or dishonest conduct, or conduct is suspected to be fraudulent, misleading or dishonest in relation to your Zarraffa’s Z Card® account or in a claim for allocation of Zarraffa’s Z$® to you;
(c) you are no longer an Active Member;
(d) you are a Card Holder and have not successfully completed Registration within (6) months of completing the Purchase; or
(e) there are other reasonable grounds to immediately suspend or terminate, provided Zarraffa’s has provided you with 24 hours’ notice.
8.2 Zarraffa’s may, at its discretion, cancel all or any Zarraffa’s Z$® that have been issued to you if your right to participate in the Zarraffa’s Z Card® Program is suspended or terminated. In this event, , all of your Zarraffa’s Z$® may be forfeited without compensation.
8.3 Notwithstanding paragraph 8.1 above, Zarraffa’s reserves the right to terminate the Zarraffa’s Z Card® Program at any time by giving you at least 30 days’ prior written notice in which case:
(a) you will cease to earn Zarraffa’s Z$®;
(b) your existing allocation of Zarraffa’s Z$® will be forfeited and cancelled; and
(c) Zarraffa’s shall have no further liability after the expiry of the 30 day notice period.
8.4 You may terminate your participation in the Zarraffa’s Z Card® Program at any time by giving Zarraffa’s written notice. Notice can be given to Zarraffa’s by writing (please include your name, contact phone number, such other information as requested by Zarraffa’s and reasons for terminating your participation in the program) by post to PO Box 2089, Beenleigh QLD 4207 or such other address nominated by Zarraffa’s from time to time. On receiving a notice of termination from you, your Zarraffa’s Z Card® will be recorded on the Zarraffa’s database as closed. You will cease to earn Zarraffa’s Z$® and any remaining Zarraffa’s Z$® will be forfeited and your existing allocation of Zarraffa’s Z$® will be cancelled. Zarraffa’s may require you to return any physical membership card.
9. General Information
9.1 A Member and/or Card Holder is solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Zarraffa’s Z Card®, their participation in the Zarraffa’s Z Card® Program, any Zarraffa’s Z$® earned, Zarraffa’s giveaways or vouchers issued or any other transaction within the Zarraffa’s Z Card®.
9.2 Any failure or delay by Zarraffa’s in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights by Zarraffa’s. Any waiver by Zarraffa’s must be in writing and signed by an authorised officer of Zarraffa’s.
9.3 Except as provided by any law which cannot lawfully be excluded or modified by agreement including any Statutory Consumer Guarantee as provided by Chapter 3, Part 3.2 of the Competition and Consumer Act 2010 (Cth), Zarraffa’s does not accept any liability whatsoever, including for negligent acts and omissions, with respect to:
(a) the breach of any of these Terms and Conditions or any term implied by law (including statute) by any person other than Zarraffa’s;
(b) Zarraffa’s Z$® or any other reward or Benefit;
(c) any death or injury or consequential loss or damage arising from the supply of a reward;
(d) the loss, theft or destruction of a Zarraffa’s Z Card® or any other Benefit;
(e) any failure, delay or inability to provide Zarraffa’s Z$®, a Zarraffa’s Z Card® or other Benefit to you caused by circumstances beyond Zarraffa’s control, including strikes or industrial disputes, acts of God, flood, weather, biological outbreak, pandemic, earthquake or other natural calamity, war or civil disturbance; and
(f) any other liability, loss or damage incurred or suffered by any Member (or any other person) in connection with the Zarraffa’s Z Card® Program.
9.4 Under the provisions of the Competition and Consumer Act 2010 (Cth), Zarraffa’s has obtained relevant approvals under the third line forcing provisions for the Zarraffa’s Z Card® Program from the Australian Competition & Consumer Commission (ACCC). Notification of this immunity can be found under Notification No. N93606 on the Public Register of Exclusive Dealings on the ACCC website at www.accc.gov.au.
9.5 Subject to any express provision to the contrary, Zarraffa’s may give you notice:
(a) by advertisement in a newspaper circulating throughout Australia;
(b) by email or text message (to the last known email address or mobile phone number provided);
(c) via the Zarraffa’s website;
(d) via the Zarraffa’s App;
(e) in writing; or
(f) in a Z Update.
9.6 Where Zarraffa’s gives you notice by post, you agree that, unless otherwise stated in these Terms and Conditions, the notice is deemed to have been given to you:
(a) on the date of actual receipt of the notice or on the date it would have been delivered in the ordinary course of post, whichever occurs first; and
(b) if it is sent to the last known address Zarraffa’s has for you in connection with the Zarraffa’s Z Card®.
9.7 It is your responsibility to advise or update Zarraffa’s of any change of name, address (or, as applicable, post code or suburb), telephone number, email address or other details as soon as the change occurs. All changes and/or updates can be made directly via the Member Portal (including the Zarraffa’s App). Zarraffa’s is not responsible for any failure by you to notify Zarraffa’s of the change which may result in the loss of Zarraffa’s Z$® or Benefits. At its discretion, Zarraffa’s may require written proof of the changed or updated details.
9.8 These Terms and Conditions will be construed according to and governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts in the State of Queensland, Australia
Zarraffa’s Coffee Privacy Notice
1. Background
1.1 The following contains important privacy information for the Zarraffa’s Z Card®.
1.2 This privacy notice is provided to you (being the Card Holder and/or Member) by Zarraffa’s and contains important information regarding the collection, use, disclosure, security and access of your personal information.
1.3 In general, a Card Holder’s or Member’s use of the Zarraffa’s Z Card® and any personal information collected from each Card Holder or Member shall be collected, held and used in accordance with the Zarraffa’s privacy policy, as amended from time to time, found at www.zarraffas.com/privacy-policy/.
1.4 Zarraffa’s has provided some additional information below.
2. Collection
2.1 The information we collect includes:
(a) information (including personal information) provided by you in the course of making the Purchase, making an Eligible Transaction, at Registration and/or on the application form;
(b) transactional information when you shop using your Zarraffa’s Z Card® such as, but not limited to, the store(s) you shopped at, when you shopped, your purchases and method of payment;
(c) information that we may gain from other sources relevant to the Zarraffa’s Z Card®; including but not limited to your geographical location, credit card information and any other information collected via the Zarraffa’s App.
(d) information you may provide from time to time through contact with the Zarraffa’s Coffee Stores, Zarraffa’s Coffee Administration Team or that you provide via Zarraffa’s website or Zarraffa’s App; and/or
(e) information regarding your payment preferences in conjunction with your Zarraffa’s Z Card®.
3. Use and disclosure
3.1 To administer your Zarraffa’s Z Card® or Membership and provide you with Zarraffa’s Z$®, Zarraffa’s may disclose your information to specialist service providers such as, but not limited to:
(a) loyalty program administrators;
(b) payment gateway and/or merchant service provider;
(c) data analysis specialists;
(d) statement producers, data mail houses;
(e) data processing organisations; and
(f) specialist call centres.
3.2 Where such disclosures are made, Zarraffa’s will use its reasonable endeavours to ensure that your personal information is protected through confidentiality agreements and other contractual obligations.
3.3 Zarraffa’s may use your information to keep you informed about special promotions, events, store opening, product launches and other special offers and discounts, relevant to the Zarraffa’s Z Card® Program and your Membership. Zarraffa’s may keep you informed through various communication channels unless otherwise advised. Zarraffa’s may also use your information for planning, researching, marketing, product and service development and to contact you as a result of any dealing you may have had with Zarraffa’s or at a Zarraffa’s Coffee Store. Zarraffa’s or Zarraffa’s Coffee Stores may request Card Holders to provide their mobile phone number (or such other contact details) at the time of Purchase or making an Eligible Transaction to facilitate the Registration process or otherwise administer the Zarraffa’s Z Card® or Membership.
3.4 Aggregated (or de-identified) data may be shared with approved business partners from time to time for analysis and research purposes and in the development of products and services and promotional offers.
3.5 For the prevention and detection of fraudulent activity, your information may be shared with law enforcement bodies and as required under law, including any legislation, regulation or rule.
4. Safeguarding your information
4.1 Zarraffa’s will take all reasonable steps to ensure your personal information is protected from unauthorised access, misuse, modification and disclosure while stored or transmitted by us.
4.2 For the purposes of administering the Zarraffa’s Z Card® Program, each Member will be assigned a membership card number. This number will be used for security of information and for identifying Members.
5. Access or update your personal information
5.1 Members may access their personal information by visiting the Zarraffa’s App, Zarraffa’s website at www.zarraffas.com or by getting in touch with the Zarraffa’s Coffee Administration Team as follows:
(a) phone – 07 5500 0800
(b) email – zcard@zarraffas.com; or
(c) post – Zarraffa’s Franchising Pty Ltd, ATTENTION: Zarraffa’s Franchising Privacy,
(d) PO Box 2089, BEENLEIGH QLD 4207
5.2 Card Holders may access their personal information by getting in touch with the Zarraffa’s Coffee Administration Team as follows:
(a) phone – 07 5500 0800
(b) email – zcard@zarraffas.com; or
(c) post – Zarraffa’s Franchising Pty Ltd
ATTENTION: Zarraffa’s Franchising Privacy
PO Box 2089, BEENLEIGH QLD 4207.
5.3 Zarraffa’s reserves the right to charge a nominal fee to cover retrieval costs in the event of a complex and comprehensive request for access.