The Schnitz Mobile Application – Loyalty Terms and Conditions

Last Updated: 24 September 2024

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP

Schnitz Franchising Pty Ltd (ABN 38 138 490 070) of Level 10 Como Tower, 644 Chapel Street, South Yarra VIC 3141 and its Related Body Corporates, as defined in section 50 of the Corporations Act 2001 (Cth) (we, our, us or Schnitz) operate a restaurant franchise called Schnitz (the Franchise). As part of operating the Franchise, Schnitz operates the website located at https://schnitz.com.au/ (Website) and the Schnitz mobile App (App) where Schnitz provides information to the public about its goods (Goods), services (Services), store locations, menu, promotions and other information.

These terms and conditions (Terms of Use) apply to use of the App (the User, you or your).

BY ACCESSING OR USING THE APP, YOU AGREE TO THESE TERMS OF USE AS IF YOU HAD SIGNED AN AGREEMENT WITH US. IF YOU DO NOT AGREE, YOU SHOULD STOP ACCESSING OR USING THE APP IMMEDIATELY.

The App is available for you to use conditional on your acceptance of these Terms of Use and our Privacy Policy located at schnitz.com.au/privacy-policy which is incorporated into these Terms of Use by reference and sets out how we collect, handle and use your Personal Information.

We reserve the right to amend these Terms of Use at any time. Notice of any amendments will be displayed on the App. If you do not agree with any amendments to the Terms of Use, you are able to cease using the App. The continued use of the App by you following notice of such amendments to these Terms of Use on the App, will constitute acceptance of those amendments by you.

 

1. User Account

(a) In order to access certain features or services offered through the App, you may be required to open a user account (User Account). You must provide us with your full name, date of birth, email address, mobile telephone number and any other details we require in order to open a User Account. When opening a User Account, you will be required to create a unique password to obtain access to your User Account (Password) and provide, or be given by us, other credentials relating to your User Account (User Credentials). You may also be required to verify your User Account using text message Two-Factor Authentication in order to login (SMS 2FA).

(b) You must verify your User Account before you can use it. Once you have registered your User Account, an email will be sent to the nominated email address for your User Account. You must click through the email and complete the SMS 2FA (where required) in order to activate your User Account.

(c) Each individual is only permitted to register one User Account via the App.

(d) You are solely responsible for maintaining the security and confidentiality of any information you hold relating to your User Account, including your Password and User Credentials, and for any and all activity that occurs under your User Account, including activity that occurs as a result of your failing to keep this information secure and confidential.

(e) You must notify us immediately of any unauthorized use of your User Account, Password, or User Credentials, or any other breach of security.

(f) You may be held liable for losses incurred by us or any other User of or visitor to the App due to someone else using your User Account, Password or User Credentials, as a result of your failing to keep your account information secure and confidential.

(g) You agree to not transfer your User Account to any other person or allow access to your User Account by another person, unless expressly authorised by us or these Terms of Use.

(h) Subject to 1(d) above, you may not use anyone else’s User Account, Password or User Credentials at any time. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

(i) Without limiting any other rights which we may have to communicate with you, you agree that we may send emails to the nominated email address for your User Account for the purpose of receiving any notifications from and regarding the App, including marketing material in relation to the products offered on the App.

(j) We maintain the right in our sole unfettered discretion to refuse to register a User Account, or to terminate or suspend a User Account.

2. Ordering via the App

(a) Users with a User Account can purchase food, beverage and merchandise products (Products) via the App.

(b) To purchase Products via the App, you must possess a valid credit or debit card issued by a bank acceptable to us and you must add those credit or debit card details to your User Account. We use Stripe, a third party payment processor, to process all credit card payments and do not collect or record any credit card details provided by you when making purchases via the App. We are not responsible for any credit card fees or surcharges that your bank may charge.

(c) By placing an order via your User Account via the App (Order), you are offering to purchase the Products on and subject to these Terms of Use. You agree that we may charge the credit or debit card on your User Account the fees for the Products you have selected in your Order. You agree that we have the right to accept or reject an Order for any reason at any time, and all Orders are subject to availability of the Products.

(d) An Order confirmation will be sent to your nominated email address in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to your Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with our approval.

(e) Product prices are specified on the App. We reserve the right to change pricing at our discretion and without notice. Unless otherwise stated, all prices are in Australian Dollars and are inclusive of GST.

(f) At the time of placing an Order, you must select the name of a participating store to pick your Order up from, as well as a time to pick-up your Order. It is your responsibility to ensure you select the correct store and pick-up time to collect Order. If no pick-up time is selected, we will prepare your order as soon as possible. We will not be held liable if you do not select the correct pickup store and time to collect your Order.

3. Loyalty Program

If you wish to participate in the Schnitz Crumb Collective Program (Loyalty Program), you must agree to separate terms and conditions which govern the Loyalty Program.

4. Intellectual Property and Licence to Use

(a) The Intellectual Property subsisting in any aspect of the App including without limitation text, graphics, artwork, logos, software, trademarks, designs, copyright, compilations, algorithms, source code, video recordings and audio recordings, as well as the structure, layout, user interface and “look and feel” of the App (App IP), is owned, controlled and/or licenced by us and/or our third party affiliates, licensors and/or licensees, and is protected by Australian and international law governing Intellectual Property rights.

(b) The App IP may include third party content which is subject to that third party’s terms and conditions of use.

(c) Subject to these Terms of Use, we agree to grant you a limited, personal, non-exclusive, non-transferable, conditional and revocable licence to view, access and use the App.

(d) Subject to the terms of these Terms of Use, we hereby grant you a limited, personal, non-exclusive, non-transferable, conditional and revocable licence to download, display, print, reproduce or hyperlink to the App IP in unaltered form for non-commercial purposes only.

(e) We may terminate the licence provided to you under clause 4(a) at our sole discretion when you breach these Terms of Use or for any other reason.

5. Privacy

(a) When operating the App, we will collect, handle and use your Personal Information in accordance with our Privacy Policy.

(b) By agreeing to these Terms of Use, and your continued use of the App, you warrant that you have read our Privacy Policy and consent to how we collect, handle and use your Personal Information in accordance with our Privacy Policy.

6. Restrictions & Code of Conduct

(a) Your access to, and use of, the App is subject to all conditions specified in these Terms of Use.

(b) You must comply, and are solely responsible for complying, with all laws and regulations applicable or relevant to the use of the App (Laws). You must also comply with all applicable or relevant regulations, industry and professional codes of conduct and other relevant laws when using the App (Industry Regulations).

(c) We do not guarantee that your proposed or actual use of the App complies with Laws and Industry Regulations that may apply to your activities on the App.

(d) You agree that you will not:

(i) Use the App for any purpose that is illegal, unlawful or prohibited by these Terms of Use;

(ii) Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the App or any Content, including (without limitation) through:

(a) hacking or use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, methodology, script or bot, or any similar or equivalent manual process;

(b) destructive transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature;

(c) reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code; or

(d) other illegitimate means;

(iii) contact Users for the purpose of sending unsolicited offers, advertisements, spam, junk e-mails;

(iv) contact Users for the purpose defaming, abusing, threatening or defrauding Users;

(v) impersonate any entity or falsely claim an affiliation with any person or entity;

(vi) scrape or otherwise obtain any data from the App for any purpose or use any Content to spam third parties;

(vii) attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any of our servers, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means;

(viii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or our systems or networks, or any systems or networks connected to the App;

(ix) use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person’s use of the App; or

(x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the App or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

(e) We retain the right (without providing any notice to you) to remove, block, edit or monitor your usage of the App at our sole discretion.

7. ACL and Disclaimers

(a) Our goods and services come with Consumer Guarantees that cannot be excluded by contract.  Nothing in this clause limits, restricts or excludes your right as a Consumer under the ACL. For information on the Consumer Guarantees and your rights as a consumer under the ACL, please visit the ACCC’s website (link here).

(b) Clause 7(c) do not act to exclude our liability to you in respect of the Consumer Guarantees.

(c) To the extent permitted by law (either by legislation or contract) and subject to clause 7(a), we do not guarantee or warrant that:

(i) the App or any content, service or feature of the App will be error free. Although we make every reasonable effort to maintain current and accurate information, you should be aware that there is still the possibility of inadvertent errors and technical inaccuracies;

(ii) the App or any content, service or feature of the App will be uninterrupted;

(iii) any defects on or with the App will be corrected;

(iv) your use of the App will provide specific results;

(v) any files of other data you download from the App will be free of viruses, contamination or other destructive features; or

(vi) your use of the App will not infringe the Intellectual Property rights of a third party.

8. Liability

(a) Our goods and services come with Consumer Guarantees that cannot be excluded by contract. Nothing in this clause limits, restricts or excludes your right as a Consumer under the ACL.

(b) For information on the Consumer Guarantees and your rights as a consumer under the ACL, please visit the ACCC’s website (link here).

(c) Your use of, and reliance on, the App is entirely at your own risk, subject to any other rights you have under the Australian Consumer Law.

(d) To the extent permitted by law, and subject to clause 8(a), we exclude our liability to you for all types of loss:

(i) resulting from your use of, or reliance on the App however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise); and

(ii) including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, and

(iii) any indirect or consequential loss.

(e) To the extent permitted by law, and subject to clause 8(a), you hereby release us from all claims and we are not responsible nor liable for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise) or consequential, exemplary or aggravated damages arising from any of the following matters:

(iv) your use of, or inability to use, the App;

(v) any failure by us or other third parties to provide any information, service, feature or functionality via the App;

(vi) any unauthorised submission of information to the App;

(vii) statements or conduct of any third party using the App;

(viii) use of third party services in conjunction with the App by you;

(ix) where you fail to comply with any Laws or Industry Regulations when using the App; and

(x) where you fail to comply with any Laws, Industry Regulations or the Privacy Act when dealing with Personal Information in connection with the App.

(f) If we are able to limit your remedy for a breach of any Consumer Guarantees, to the extent permitted by law, our liability is limited to one or more of the following at our option:

(xi) for goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

(xii) for services, the supply of the services again, or the payment of the cost of having services supplied again.

9. Capacity and Indemnity

(a) You warrant to us that you have the full capacity to agree to be legally bound by these Terms of Use either on your own behalf or as a legal guardian on behalf of a minor.

(b) You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms of Use by you (or your representatives) or an unlawful or negligent act or omission carried out by you in relation to the App.

(c) We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.

(d) Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.

10. Termination

(a) We may terminate your access to the App at any time, at our sole discretion and without notice to you, if we have reason to believe that you have failed to comply with these Terms of Use, or for any other reason.

(b) You may terminate these Terms of Use by ceasing to use the App and requesting your User Account to be deleted in writing to us (sent [email protected]). Upon ceasing use of the App and deletion of your User Account, you will no longer have access to the functionality of the App that requires a User Account.

(c) Notwithstanding clauses 10(a) and 10(b), any Personal Information or non-personal statistical information collected under these Terms of Use and the Privacy Policy may continue to be stored, used or disclosed within the scope of the purposes described in the Privacy Policy.

11. Jurisdiction & Choice of Law

(a) Unless otherwise notified in writing by us, these Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principles.

(b) Unless otherwise notified in writing by us, any claim, cause of action or dispute arising out of these Terms of Use will be resolved exclusively in the courts of Victoria, Australia, and where applicable, the Federal Court of Australia or Federal Circuit of Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.

12. Miscellaneous

(a) We reserve the right to perform maintenance of the App (whereby the functionality of the App may not be accessible for a certain period of time) without notice to you.

(b) We may, from time to time for the purpose of a restructure or sale of business style event, assign our rights under these Terms of Use to a third party at our sole discretion.

(c) The rights and obligations under these Terms of Use, which by their nature would reasonably continue beyond the expiration of termination of these Terms of Use, will survive the expiration of termination of these Terms of Use. Without limiting the generality of the foregoing, clauses 1, 8 and 9(b) will survive the termination of these Terms of Use.

(d) In the event that any one or more of the provisions contained in these Terms of Use (or part thereof) would, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of these Terms of Use and the offending provision will be severed or if not capable of being severed, these Terms of Use shall be construed as if such offending provisions had never been contained herein.

(e) The fact that a party fails to do, or delays in doing, something the party is entitled or obligated to do under these Terms of Use, does not amount to a waiver of any obligation of, or breach of obligation by, any other party.

(f) You agree that no agency, joint venture, employee-employer, partnership or other similar relationship is created between you and us by virtue of these Terms of Use.

13. Definitions

The following definitions apply in these Terms of Use:

(g) ACL means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(h) App Services means any services provided by us via or in relation to the App from time to time.

(i) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

(j) Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.

(k) Consumer means a User who is a “Consumer” as defined under the ACL.

(l) Consumer Guarantees means the consumer guarantees afforded to a Consumer of the App Services under the ACL.

(m) Content means all content on the App including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, URL links, video recordings and audio recordings.

(n) Intellectual Property means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trademarks, patents, designs, copyright, trade secrets, computer programs, databases, inventions, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation (July 1967).

(o) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.

(p) Personal Information is information that can be used to reasonably identify an individual.

(q) Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.

(r) Privacy Policy means the privacy policy for the App as amended or updated from time to time, a copy of which can be found on the following webpage: https://schnitz.com.au/privacy-policy/.

(s) User Account has the meaning provided in clause 1(a) of these Terms of Use.

 

Schnitz Crumb Collective Program – Terms and Conditions

Last Updated: 24 September 2024

 

1. Overview

(a) The Schnitz Crumb Collective Crumb Collective Program (the Crumb Collective Program) is controlled and operated by Schnitz Marketing Pty Ltd (ABN 66 603 725 462) (Schnitz, we, us, our).

(b) You can find more about the Crumb Collective Program including its features and functionality on our website, located at https://schnitz.com.au/loyalty/ (Website) and the Schnitz mobile App (the App).

(c) These terms and conditions (Terms and Conditions) apply to your (the Member, you or your) participation in our Crumb Collective Program.

(d) If you participate in the Crumb Collective Program via the App, these Terms and Conditions as well as the Schnitz App Terms and Conditions (located in the App) apply.

(e) If you participate in the Crumb Collective Program via our Website, these Terms and Conditions as well as the Schnitz Website Terms and Conditions (located at https://schnitz.com.au/terms-and-conditions/) apply.

(f) By participating in the Crumb Collective Program, you agree to these Terms and Conditions as if you had signed an agreement with us. If you do not agree, you should stop participating in the Crumb Collective Program immediately.

(g) Your participation in the Crumb Collective Program is conditional on your acceptance of these Terms and Conditions and our Privacy Policy located at schnitz.com.au/privacy-policy which is incorporated into these Terms and Conditions by reference and sets out how we collect, handle, and use your personal information.

(h) The Terms and Conditions may be amended from time to time. We will provide you with advance notice of any amendments to the Terms and Conditions via email notification to your nominated email address for your loyalty account (Loyalty Account). By continuing to participate in the Crumb Collective Program after the Terms and Conditions are amended, you agree to be bound by the updated Terms and Conditions. If you do not agree to the amendments, you have the right to terminate your Loyalty Account and cease participation in the Crumb Collective Program.

(i) Schnitz may alter, withdraw or terminate the Crumb Collective Program or any feature of the Crumb Collective Program and will notify you accordingly of this change via email notification to your nominated email address for your Loyalty Account.

2. Loyalty Account Activation

(a) In order to participate in the Crumb Collective Program, you will be required to open a Loyalty Account.

(b) You can create a Loyalty Account via our online process through our Website or App or in person by obtaining a membership card (Membership Card) instore and linking your Membership Card with your Loyalty Account Online. Whilst an individual can accrue Crumbs without linking their Membership Card to their Loyalty Account online, individuals will not be considered a valid Member of the Crumb Collective Program, nor be entitled to redeem Schnitz Cash until a Membership Card is linked with a Loyalty Account.

(c) You must provide us with your full name, date of birth, email address, mobile telephone number and any other details we require in order to open a Loyalty Account. When opening a Loyalty Account, you will be required to create a unique password to obtain access to your Loyalty Account (Password) and provide other credentials relating to your Loyalty Account (Member Credentials). You may also be required to verify your Loyalty Account using SMS Two-Factor Authentication in order to login (SMS Authentication).

(d) You must verify your Loyalty Account before you can use it. Once you have registered your Loyalty Account, an SMS will be sent to the nominated mobile telephone number for your Loyalty Account. You must click through the text message and complete the SMS Authentication (where required) in order to activate your Loyalty Account.

(e) Your Loyalty Account is activated upon receipt of email confirmation from Schnitz to the Members nominated Loyalty Account email address (Account Activation).

(f) Upon notice to a Member of their Account Activation, Members who use the App are eligible to receive either free crumbs or a free product (Welcome Offer) to be determined by Schnitz in accordance with the current campaign. The Welcome Offer is valid for seven (7) days from the date of the Account Activation and is redeemable in-person only, at any Schnitz location. The Welcome Offer available for any given campaign will have a corresponding barcode (Offer Barcode) that can be viewed in the ‘offer’ tab on the App. To redeem the Member Offer, Members must present their Offer Barcode at any Schnitz location. All Member Offers are subject to retail stock levels, if the current campaign Member Offer is unavailable, Schnitz will provide the member a substitute offer, to be determined in Schnitz’ sole discretion.

3. How do we collect Personal Information?

(a) Each individual is only permitted to register one Loyalty Account. Loyalty Accounts can only be held by an individual.

(b) You are solely responsible for maintaining the security and confidentiality of any information you hold relating to your Loyalty Account, including your Password and Member Credentials, and for any and all activity that occurs under your Loyalty Account, including activity that occurs as a result of your failing to keep this information secure and confidential. You must notify us immediately of any unauthorized use of your Loyalty Account, Password, or Member Credentials, or any other breach of security.

(c) You agree you will not transfer your Loyalty Account to any other person or allow access to your Loyalty Account by another person, unless expressly authorised by us or these Terms and Conditions. We will not be liable for any loss or damage arising from your failure to comply with these obligations.

(d) Without limiting any other rights which we may have to communicate with you, you agree that we may (subject to the terms of our Privacy Policy) send emails to the nominated email address for your Loyalty Account for the purpose of receiving any notifications from and regarding the App, including marketing material in relation to the products offered on the App.

(e) We maintain the right in our sole unfettered discretion to refuse to register a Loyalty Account, or to terminate or suspend a Loyalty Account. We reserve the right to perform maintenance of the Crumb Collective Program (whereby the functionality of the Crumb Collective Program may not be accessible for a certain period of time) without notice to you.

(f) We reserve the right to perform maintenance of the Crumb Collective Program (whereby the functionality of the Crumb Collective Program may not be accessible for a certain period of time) without notice to you.

4. Earning Crumbs

(a) Crumbs will be awarded in respect of purchases of full priced food, beverage and merchandise products only (Eligible Purchases), unless expressly specified.

(b) You can earn points (Crumbs) from Eligible Purchases made via your Loyalty Account on the App, Website and in-store. Crumbs will not be awarded to you in association with any other offer or discount or via use of a pre-paid or token purchase method, such as use of a gift card or coupon.

(c) For each Eligible Purchase made via your Loyalty Account, you will be awarded 10 Crumbs for every AUD$1.00 spent in a single transaction. Amounts will be rounded up to the next whole dollar (e.g. if the total cost of your purchase is $11.80, you will be awarded 118 Crumbs).

(d) Crumbs cannot be split between Members. Crumbs will only be allocated to the Member logged into the Crumb Collective Program when making the Eligible Purchase, irrespective of the quantity of Eligible Purchase and whether other Members will be enjoying the products contained therein.

(e) Whilst every effort will be made to ensure that Crumbs are correctly awarded to you, we take no responsibility for technical errors, including delays associated with crediting points into your Loyalty Account.

(f) It is the Member’s responsibility to log into their Loyalty Account (via the Website or App) or show their Membership Card to earn Crumbs. If a Member forgets to log in to their Loyalty Account they can email [email protected] with their Loyalty Account barcode and a valid tax invoice, or follow the prompts in the ‘claim receipt’ process on the App (Unclaimed Crumbs Process). It is a breach of these terms and conditions for Members to use a valid tax invoice to earn Crumbs in accordance with the Unclaimed Crumbs Process where the Member was not a party to the transaction to which the valid tax invoice relates. Schnitz will allocate Crumbs retrospectively for Members who follow the Unclaimed Crumbs process within two (2) weeks of making their Eligible Purchase. The Unclaimed Crumbs process is not available to Members who made an Eligible Purchase in-store, it is the Members responsibility and not Schnitz’ to present their Loyalty Account barcode or Membership Card in-store when making an Eligible Purchase

(g) Each time 1,000 Crumbs are accrued by you, these Crumbs will automatically be converted to the equivalent of AUD$6.00 (Schnitz Cash) which will be displayed in your Loyalty Account. The remainder of the Crumb balance in your Loyalty Account will continue to accrue as described at Clause 4(c) until you reach further multiples of 1,000 Crumbs.

(h) Members can access their balance by logging into their account from the Website online (via https://schnitz.redcatcloud.com.au/app), on the card screen of the App or by enquiring with Schnitz staff in-store by presenting  their Membership Card.

5. Redeeming Schnitz Cash

(a) Schnitz Cash is redeemable for any Schnitz product within any of our participating restaurants (subject to availability) at the listed retail price for the Products in-store, excluding gift cards.

(b) If you redeem your Schnitz Cash in-store you can allocate any amount of Schnitz Cash to a transaction. If you redeem your Schnitz Cash online, you can only redeem your Schnitz Cash if the value of your Schnitz Cash is equal to or greater than the value of the whole transaction amount payable. Any remaining Schnitz Cash that is not spent in a transaction will remain in your Loyalty Account.

(c) Schnitz Cash is not transferable to any other person or redeemable for cash. You must not share offers, promotions or Schnitz Cash we make available to you via your Loyalty Account with any third parties.

(d) In order to redeem your Schnitz Cash, you must meet the following criteria;

(i) have a verified Loyalty Account;

(ii) have earned at least 1,000 Crumbs in your Loyalty Account; and

(iii) if redeeming online, have available Schnitz Cash that is equal to or greater than the value of the whole transaction amount payable. (Ie. if you have $12.00 Schnitz Cash available and your whole transaction amount payable is $20.00 you cannot redeem your Schnitz Cash if redeeming online.)

(e) There is no limitation on how much Schnitz Cash can be redeemed for an order.

(f) Schnitz Cash is valid for two (2) years from the date it was accrued as Crumbs. After 2 years it will expire if not redeemed in this time. Schnitz Cash is redeemed in the order it was converted, where older Schnitz Cash will be redeemable before newer Schnitz Cash.

(g) We reserve the right to change the rate of reward and value of Crumbs and the conversion rate of Schnitz Cash at any time. If this occurs, we agree to notify you of this change as well as any designated transitional period for which you can still redeem your Schnitz Cash for its existing value (Transitional Period), with the length of such period to be determined in Schnitz’ sole discretion. If you do not agree with the changes made under this clause, you may redeem your Schnitz Cash during the Transitional Period and cease using the Crumb Collective Program.

(h) From time to time, we will run promotions exclusive to the Crumb Collective Program. These promotions will be subject to these Terms and Conditions unless otherwise specified.

6. Intellectual Property and Licence To Use

(a) The Crumb Collective is a registered trade mark of Schnitz IP Pty Ltd (Schnitz IP). Other product and company names displayed on the Website may also be trade marks of Schnitz or Schnitz IP.

(b) We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Crumb Collective Program (Crumb Collective Program IP).

(c) The Crumb Collective Program IP may include third party content which is subject to that third party’s terms and conditions of use.

7. Licence to use Crumb Collective Program IP

(a) Subject to the terms of these Terms and Conditions, we hereby grant you a limited, personal, non-exclusive, non-transferable, conditional, and revocable licence to download, display, print, reproduce or hyperlink to the Crumb Collective Program IP in unaltered form for non-commercial purposes only.

(b) We may terminate the licence provided to you under clause 7(a) at our sole discretion when you breach these Terms and Conditions or for any other reason.

8. Privacy

(a) When conducting the Crumb Collective Program, we will collect, handle and use your personal information in accordance with our Privacy Policy.

(b) By agreeing to these Terms and Conditions, and your continued participation in the Crumb Collective Program, you warrant that you have read our Privacy Policy and consent to how we collect, handle and use your personal information in accordance with our Privacy Policy.

9. ACL and Disclaimers

(a) Our goods and services come with Consumer Guarantees that cannot be excluded by contract. Nothing in this clause limits, restricts or excludes your right as a consumer under the ACL. For information on the Consumer Guarantees and your rights as a consumer under the ACL, please visit the ACCC’s website (link here).

(b) Clause 9(c) does not act to exclude our liability to you in respect of the Consumer Guarantees.

(c) The Crumb Collective Program and its results are delivered on an ‘as is’ and ‘as available’ basis. All information provided on the Crumb Collective Program is subject to change without notice.

10. Liability

(a) Subject to clause 9(a), Schnitz will not be liable for any loss or damage whatsoever suffered by you as a result of your participation in or reliance on the Crumb Collective Program or the termination, suspension or cancellation of your Loyalty Account.

(b) Subject to clause 9(a), neither Schnitz nor its officers, agents, employees or related bodies corporate make any representation or warranty as to the quality, suitability or merchantability of the Crumb Collective Program.

(c) Subject to clause 9(a), Schnitz will not be liable for any Loss by reason of any act or omission, deliberate or negligent, of Schnitz in connection with the Crumb Collective Program unless liability may not be lawfully excluded, in which case liability will be limited to the greatest extent permitted by law.

11. Capacity and Indemnity

(a) You warrant to us that you have the full capacity to agree to be legally bound by these Terms and Conditions either on your own behalf or as a legal guardian on behalf of a minor.

(b) You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms and Conditions by you (or your representatives) or an unlawful or negligent act or omission carried out by you in relation to the Crumb Collective Program.

(c) We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.

(d) Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.

12. Termination

(a) We may terminate your access to the Crumb Collective Program at any time, at our sole discretion and without notice to you, if we have reason to believe that you have failed to comply with these Terms and Conditions.

(b) You may terminate these Terms and Conditions by ceasing to participate in the Crumb Collective Program and requesting your Loyalty Account to be deleted in writing to us (sent to [email protected]). Upon ceasing use of the Crumb Collective Program and deletion of your Loyalty Account, you will no longer be entitled to redeem any remaining Schnitz Cash.

(c) Notwithstanding clauses 12(a) and 12(b), any personal information or non-personal statistical information collected under these Terms and Conditions and the Privacy Policy may continue to be stored, used or disclosed within the scope of the purposes described in the Privacy Policy.

13. Miscellaneous

(a) The rights and obligations under these Terms and Conditions, which by their nature would reasonably continue beyond the expiration of termination of these Terms and Conditions, will survive the expiration of termination of these Terms and Conditions. Without limiting the generality of the foregoing, clauses 8, 9, 10, 11, 13, 14 will survive the termination of these Terms and Conditions.

(b) In the event that any one or more of the provisions contained in these Terms and Conditions (or part thereof) would, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of these Terms and Conditions and the offending provision will be severed or if not capable of being severed, these Terms and Conditions shall be construed as if such offending provisions had never been contained herein.

(c) The fact that a party fails to do, or delays in doing, something the party is entitled or obligated to do under these Terms and Conditions, does not amount to a waiver of any obligation of, or breach of obligation by, any other party.

(d) You agree that no agency, joint venture, employee-employer, partnership, or other similar relationship is created between you and us by virtue of these Terms and Conditions.

14. Definitions

The following definitions apply in these Terms and Conditions

(a) ACL means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(b) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

(c) Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.

(d) Consumer Guarantees means the consumer guarantees afforded to a Consumer of Products under the ACL.

(e) Intellectual Property means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trademarks, patents, designs, copyright, trade secrets, computer programs, databases, inventions, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation (July 1967).

(f) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.