LAST UPDATED: 18/07/2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION.

The Schnitz (Application) is controlled and operated by Schnitz Marketing Pty Ltd (ABN 66 603 725 462) (we, us, our). The website (located at schnitz.com.au) (the Website) is also owned, controlled, and operated by us. You can find more about the Application including its features and functionality on the Website.

These terms and conditions (Terms of Use) apply to use of the Application (including your participation in our loyalty program (Loyalty Program) by you (the User, you or your).

BY ACCESSING OR USING THE APPLICATION, 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 APPLICATION IMMEDIATELY.

The Application 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 Application. The continued use of the Application by you following such amendments to these Terms of Use will constitute acceptance of those amendments by you.

1. USER ACCOUNT

(a) In order to access certain features or services offered through the Application, 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 Application.

(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 Application 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(e) 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 Application, including marketing material in relation to the products offered on the Application.

(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 APPLICATION

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

(b) To purchase Products via the Application, 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 Application. 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 Application (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 Application. 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

(a) The Schnitz loyalty program (Loyalty Program) is only available via the Application to users with a User Account.

(b) Users can earn points (Crumbs) for eligible purchases made by you via your User Account on the Application and in-store. You must scan your unique Loyalty Program barcode (accessible via your User Account via the Application) at the time of placing your order in-store in order to redeem Crumbs. While every effort will be made in-store to ensure that Crumbs are correctly awarded to you, we take no responsibility for technical errors associated with crediting points into your User Account.

(c) For every eligible purchase made by you via your User Account on the Application or in-store, you will be awarded 10 Crumb points 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 120 Crumbs). We reserve the right to change the rate of reward and value of Crumbs at any time.

(d) Each time 1,500 Crumbs are accrued by you, these Crumbs will automatically be exchanged for the equivalent of AUD$6.00 (Schnitz Cash) which will be displayed in your User Account. The remainder of the Crumb balance in your User Account will continue to accrue as described at Clause 3(c) until you reach further multiples of 1,500 Crumbs.

(e) Crumbs will be awarded in respect of purchases of full price Products only, unless expressly specified. Crumbs will not be awarded to you in association with any other offer or discount. We reserve the right to exclude certain Products from the Loyalty Program from time to time and will notify you via the Application of any exclusions.

(f) Crumbs are redeemable for any Products within any of our participating restaurants (subject to availability) at the listed retail price for the Products in-store. Crumbs are not transferable to any other person or redeemable for cash. You must not share offers, promotions or Crumbs we make available to you via your User Account with any third parties.

(g) In order to redeem your Crumbs, you must meet the following criteria;

(i) have a verified User Account; and

(ii) have earned at least 1,500 Crumbs in your User Account.

(h) Crumbs are valid for 2 years from the date of issue, after which time they will expire. You cannot redeem Crumbs or Schnitz Cash that has expired.

(i) We reserve the right to change the terms and conditions of the Loyalty Program at any time by sending you an email to the nominated email address for your User Account.

(j) From time to time, we will run promotions exclusive to the Loyalty Program. These promotions will be subjection to these Terms and Use unless otherwise specified.

4. INTELLECTUAL PROPERTY AND LICENCE TO USE

4.1 Intellectual Property

(a) The Intellectual Property subsisting in any aspect of the Application 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 Application (Application 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 Application IP may include third party content which is subject to that third party’s terms and conditions of use.

4.2 Licence to Use Application

(a) 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 Application.

(b) We may terminate the licence provided to you under clause 4.2(a) at our sole discretion when you breach these Terms of Use or for any other reason.

4.3 Licence to use Application IP

(a) 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 Application IP in unaltered form for non-commercial purposes only.

(b) We may terminate the licence provided to you under clause 4.3(a) at our sole discretion when you breach these Terms of Use or for any other reason.

5. PRIVACY

When operating the Application, we will collect, handle and use your Personal Information in accordance with our Privacy Policy. By agreeing to these Terms of Use, and your continued use of the Application, 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 Application 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 Application (Laws). You must also comply with all applicable or relevant regulations, industry and professional codes of conduct and other relevant laws when using the Application (Industry Regulations). We do not guarantee that your proposed or actual use of the Application complies with Laws and Industry Regulations that may apply to your activities on the Application.

(c) You agree that you will not:

1. Use the Application 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 Application 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 Application for any purpose or use any Content to spam third parties;

VII. attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any of our servers, or to any of the services offered on or through the Application, 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 Application or our systems or networks, or any systems or networks connected to the Application;

IX. use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person’s use of the Application; 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 Application or any service offered on or through the Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

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

7. ACL AND DISCLAIMERS

ACL

(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).

General Disclaimers

(b) Clause 7(c) and clause 7(d) 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), we do not guarantee or warrant that:

(i) the Application or any content, service or feature of the Application 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 Application or any content, service or feature of the Application will be uninterrupted;

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

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

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

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

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

(e) We reserve the right to introduce additional functions and services on the Application and to alter existing functions or services on the Application at any time without notice to Users.

(f) The Application may integrate with or host hyperlinks to third party web services, or host third party information or content within the Application. All third party content hosted on the Application is the responsibility of its author, and we do not endorse or represent the views or opinions contained therein. We are not responsible for any material contained on third party web services that is hosted on the Application in any way, and any dealings between you and third parties is your sole responsibility.

(g) The Application may not be compatible with all devices and we do not warrant that the Application will be compatible with your device.

(h) From time to time we may update or change the Application and/or any features of the Application without notifying you. We may also suspend, remove or terminate the Application at any time in our sole discretion and without notice to you.

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

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

(c) We exclude our liability to you for all types of loss:

(i) resulting from your use of, or reliance on the Application 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, and we do not exclude our liability in relation to breach of any obligation, condition, warranty or guarantee (including the Consumer Guarantees or otherwise under the ACL), which if excluded:

a) would be a breach of statute;

b) would be a breach of the Commonwealth contract which we are party to; or

c) would cause any part of these Terms of Use to be void

(Non-Excludable Conditions).

(d) Subject to the application of any Non-Excludable Conditions, 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:

(i) your use of, or inability to use, the Application;

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

(iii) any unauthorised submission of information to the Application;

(iv) statements or conduct of any third party using the Application;

(v) use of third party services in conjunction with the Application by you;

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

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

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

(i) 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

(ii) 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) As a condition of using the Application, you must indemnify us against all direct, quantifiable and reasonable loss and/or damage suffered by us (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a direct result of you breaching a term of these Terms of Use, or otherwise from your use of Application or the Application Services.

10. TERMINATION

(a) We may terminate your access to the Application 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 Application and requesting your User Account to be deleted in writing to us (sent to [email protected]). Upon ceasing use of the Application and deletion of your User Account, you will no longer have access to the functionality of the Application 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 Application (whereby the functionality of the Application may not be accessible for a certain period of time) without notice to you.

(b) We may, from time to time, assign our rights under these Terms of Use to a third party at our sole discretion. We will also have the right to novate these Terms of Use to a third party, with your written consent, which is not to be unreasonably withheld.

(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:

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

“Consumer” means a User who views, accesses and uses the Application in Australia, and:

1. the amount payable for the Application Services does not exceed $100,000;
2. the Application Services provided are of a kind ordinarily acquired for personal, domestic or household use or consumption; or
3. is a “Consumer” as defined under Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Consumer Guarantees” means the consumer guarantees afforded to a Consumer of the Application Services under the ACL.

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

“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).

“Personal Information” is information that can be used to reasonably identify an individual.

“Application Services” means any services provided by us via or in relation to the Application from time to time.

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

“Privacy Policy” means the privacy policy for the Application 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/

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