Zarraffas Z Card™ Terms & Conditions
Zarraffa’s Z Card Terms and Conditions
- Introduction
- Definitions
- Participation and Membership
- Earning and Redeeming Z$ Dollars
- Other Benefits and Special Promotions
- Errors and Lost or Stolen Membership Cards
- Zarraffa’s Z Card Program Changes
- Termination and Transfer
- General Information
1. Introduction
1.1This document is known as the Zarraffa’s Z Card Terms and Conditions.
1.2This document sets out the Terms and Conditions of the Zarraffa’s Z Card Program provided by Zarraffa’s Franchising Pty Ltd (ACN 093 874 250) (“Zarraffa’s Franchising”). These Terms and Conditions are intended to protect you (the Member) and Zarraffa’s Franchising.
1.3These Terms and Conditions will apply to you from the time of sign-up to the Zarraffa’s Z Card Program. These Terms and Conditions explain how you can earn Zarraffa’s Z$ when you make a purchase at any Zarraffa’s Coffee store.
1.4You 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 call Zarraffa’s Coffee Administration Team on 07 55 000 800 and they will be happy to help you.
2. Definitions
In these Terms and Conditions
“Active Member” is a member who has recorded Z$ activity by at least one purchase in any 6 month consecutive period.
“Base Z$ Rate” means the minimum number of Z$ issued per dollar spent on an Eligible Transaction. This is currently set at 1 (one) Z$ per every $10 (ten dollars) (exclusive of GST) spent and may vary as advised to you from Zarraffa’s Franchising from time to time.
“Benefits” means the facilities, services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time.
“Dollar” or “$” means Australian dollars, exclusive of GST.
“Eligible Transaction” means any purchase of bulk coffee or a drink, other than bottled drinks, from the “Hot Favourites” and “Cold As” menu items from participating Zarraffa’s Coffee stores excluding 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 and Kilo Club Cards).
“GST” means means the goods and services tax under A New Tax System (Goods and Services) Act 1999 (‘GST Act’) and the terms used have the meanings prescribed in the GST Act;
“Inactive Period” means the time between the Purchase and Registration.
“Member” means the person who completed the Purchase and is the holder of the Zarraffa’s Z Card.
“Member Portal” means the account information specific to a Member and relating to the Zarraffa’s Z Card and Zarraffa’s Z Card Program, which is password protected and accessible by the Member, operated by Zarraffa’s Franchising at www.zarraffas.com.
“Membersip” means membership of the Zarraffa’s Z Card Program.
“Purchase” means the purchase of an inactivate Zarraffa’s Z Card for the Price at any participating Zarraffa’s Coffee Store.
“Price” means noted the retail purchase price for the Zarraffa’s Z Card as amended from time to time.
“Registration” means registering your details, including the unique Zarraffa’s Z Card number printed on the card, with Zarraffa’s Franchising at www.zarraffas.com in order to active the Zarraffa’s Z Card.
“Zarraffa’s Z$ ®” or “Z$” means those rewards made available from time to time to the Member by Zarraffa’s Franchising.
“Zarraffa’s Coffee Store” means any Zarraffa’s Coffee store, whether it be a franchise or corporately owned.
“Zarraffa’s Z Card ™” means the loyalty scheme card provided by Zarraffa’s Franchising for use by each Member in relation to the Zarraffa’s Z Card Program.
“Zarraffa’s Z Card Program” means the loyalty program operated and managed by Zarraffa’s Franchising by which a Member may accrue or redeem Z$ in accordance with these Terms and Conditions.
“Z Update” means a quarterly communication (statement) issued to each Member outlining the Z$ available to be redeemed by that Member.
3. Participation and Membership
3.1Participation in the Zarraffa’s Z Card Program is open only to individuals (including employees of Zarraffa’s Franchising). Participation is offered at the discretion of Zarraffa’s Franchisingand Zarraffa’s Franchisinghas the right to accept or reject any application to participate at its sole discretion.
3.2Membership to the Zarraffa’s Z Card Program requires the payment of the Price, representing an administration fee, at the time of Purchase and Membership continues for the term of the Zarraffa’s Z Card Program for Active Members.
3.3Membership is limited to one Zarraffa’s Z Card per person.
3.4You will be bound by these Terms and Conditions, as amended from time to time, upon Registration and thereafter, by your continued use of the Zarraffa’s Z Card. These Terms and Conditions are deemed to have been accepted and will be binding on a Member at the time of submitting your details and agreeing to be bound by the Terms and Conditions at Registration and thereafter, by your continued use of the Zarraffa’s Z Card.
3.5Z$ will not be awarded until these Terms and Conditions have become binding on you.
3.6You may earn Z$ in the Inactive Period, however, Z$ cannot be redeemed until Registration has occurred and been completed.
3.7All Members will be assigned a membership number. This number will be used for identification purposes by Zarraffa’s Franchising.
3.8All Members will receive Z$ for 1 (one) free drink upon completing Registration, which will be issued to the Member directly on their Zarraffa’s Z Card and notification will be made via email, mail or sms.
3.9All Members will receive Z$ for 1 (one) free standard tall drink each year on their birthday, which will be issued directly to the Member on their Zarraffa’s Z Card and notification will be made via email, mail or sms.
3.10Zarraffa’s Z Cards are not debit, credit or charge cards, are not transferable and remain the property of Zarraffa’s Franchising.
3.11Membership may be cancelled/ refused to individuals by Zarraffa’s Franchisingat its discretion. In this case all Z$ will be forfeited and cancelled.
3.12 Zarraffa’s Franchisinggives no guarantee that its website or other computer services will be available at all times.
3.13 The Zarraffa’s Z Card is a reward card only.
3.14 A Members Zarraffa’s Z Card must be used at least once every 6 months to maintain an active status; otherwise the Membership will be registered inactive until such time as Zarraffa’s Franchising has received a request from the Member to reactivate the Zarraffa’s Z Card.
3.15A Member may at anytime update their details held by Zarraffa’s Franchising in the Member Portal.
4. Earning and redeeming Z$ Dollars
4.1If you are a Member:
a) you earn Z$ on each Eligible Transaction; and
b) you may also earn bonus Z$ on bonus Z$ days or as a result of promotional or incentive programs offered by Zarraffa’s Franchisingor the Zarraffa’s Z Card Program from time to time.
4.2In order to earn Z$, you must present a Zarraffa’s Z Cardat the point of sale for swiping or scanning, prior to the completion of a transaction.
4.3Z$ are calculated and allocated to Members by applying the Base Z$ Rate.
4.4Z$ are issued to Eligible Transaction purchases only.
4.5Z$ may be redeemed by Members using the formula 1 (one) Z$ = $1 (one Australian dollar) .
4.6Z$ may only be redeemed for “Hot Favourite” and “Cool As” Drink Menu items. Z$ are not able to be redeemed for Australian dollars.
4.7Z$ can only be redeemed and issued in whole Z$ amounts. No change in Australian dollars (or Z$) will be given in relation to any part Z$ redeemed and Z$ will only be earned for the number of whole Australian dollars spent.
4.8 If a Member obtains a free upsize on any purchase, the Z$ will be calculated based on the price paid for the drink and not the price of the upsized drink.
4.9When redeeming Z$, transactions are limited to one (1) drink per transaction (or redemption).
4.10If the Zarraffa’s Z Card is not presented at the point of sale, Zarraffa’s Franchisingwill not under any circumstances issue Z$ or allow the redemption of Z$ in relation to that transaction.
4.11Z$ will be awarded to your Zarraffa’s Z Card account only after transactions have been verified by Zarraffa’s FranchisingAdministration. This may take up to 30 days. Zarraffa’s Franchisingis not liable for any time delay.
4.12Z$ and your rights under these Terms and Conditions cannot be sold, transferred or assigned except in accordance with these Terms and Conditions.
4.13Z$ are not property and have only a monetary value that is only redeemable for drinks as specified by Zarraffa’s Franchising.
4.14Zarraffa’s Franchisingwill deduct from your Zarraffa’s Z Card any Z$ that have been credited to your Zarraffa’s Z Card Program account in error and any Z$ that relate to an Eligible Transaction which has been cancelled, reversed, or relates to a refund given.
4.15You can see the balance of yourZarraffa’s Z Card account free of charge at any time by visiting www.zarraffas.com (after entering login details).Please note that it can take up to 30 days from the date of an Eligible Transaction for the Z$ to appear on your Zarraffa’s Z Card account balance. Zarraffa’s Franchisingis not responsible for any time delay.
4.16Z$ are only recognised and available after they are successfully processed to your Zarraffa’s Z Card account.
4.17Z$ will be deducted if the Z$ are deemed by Zarraffa’s Franchisingto be earned through fraudulent, misleading or dishonest conduct.
4.18Z$ can only be earned by individual Members for their own personal purchases.
4.19As a Member any accrued Z$ will become inactive by Zarraffa’s Franchisingafter 6 months from the date they were allocated to your Zarraffa’s Z Card account if the account has no transaction history within this period.
5. Other Benefits and Special Promotions
5.1The current features and benefits of the Zarraffa’s Z Card are described on the Zarraffa’s Franchisingwebsite from time to time, which you can access at www.zarraffas.com.
5.2If Zarraffa’s Franchisingmakes available a special Zarraffa’s Z Card promotion, Zarraffa’s Franchisingwill advertise this, by notice via mail, email, sms, the Zarraffa’s Franchising website (www.zarraffas.com) or in the relevant Zarraffa’s Coffee Stores. Terms and Conditions specific to that promotion may include such details relating (but not limited) to:
a) the EligibleTransactions;
b) the period during which an 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.
5.3If Zarraffa’s Franchisinginvites you to a special event, your Zarraffa’s Z Card may be required to be presented to gain admittance or discount.
5.4Zarraffa’s Franchisingmay from time to time permit the redemption of Z$ for rewards other than Zarraffa’s Franchisingdrink purchases (at it’s discretion). Zarraffa’s Franchisingwill notify you of these rewards, and the terms on which Z$ can be redeemed for these rewards, in accordance with these Terms and Conditions.
5.5From time to time Zarraffa’s Franchisingmay send you offers in conjunction with other loyalty programs operated within Zarraffa’s Coffee Stores.
5.6From time to time Zarraffa’s Franchisingmay send you offers from partners of Zarraffa’s Franchising or Zarraffa’s Coffee Stores.
6. Errors and Lost and Stolen Memberships or Z Cards
6.1The Member Portal will contain all currently held information about a Member, including the Members current Zarraffa’s Z$ balance. In addition to this, Zarraffa’s Franchisingmay send you a quarterly Z Update which notes your current 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 the Zarraffa’s FranchisingAdministration on 07 55 000 800 or zarraffaszcard@zarraffas.com or write to: Zarraffa’s FranchisingAdministration, PO Box 1600, Oxenford QLD 4210. Any claim for missing or incorrect allocation of Zarraffa’s Z$, must be made in writing with supporting sales receipts and details of any error you believe may have occurred, within 30 days from when the transaction occurred to which the missing Zarraffa’s Z$ relate. Any matter relating to the earning or allocation of Z$ or rewards will be resolved at Zarraffa’s Franchising’ssole and absolute discretion.
6.2Lost or stolen Zarraffa’s Z Cards must be reported immediately to the Zarraffa’s FranchisingAdministration on 07 55 000 800 or zarraffaszcard@zarraffas.com.
6.3Once a lost, misplaced or stolen Zarraffa’s Z Card has been reported to Zarraffa’s Franchising, a replacement Zarraffa’s Z Card can be obtained by making a Purchase for the Price and completing Registration.
6.4Zarraffa’s Franchisingis not liable for any unauthorised use of a Zarraffa’s Z Card as a result of your delay to report the lost or stolen Zarraffa’s Z Card to Zarraffa’s Franchising Administration. Z$ will not accrue once you have reported a Zarraffa’s Z Card as lost, misplaced or stolen to Zarraffa’s Franchising, until a further Purchase of a Zarraffa’s Z Card by the Member and Registration has been completed by the Member.
6.4Within 30 days following Registration of the replacement Zarraffa’s Z Card, the Member may request the balance of Z$ from the lost, stolen or misplaced Zarraffa’s Z Card to be transferred to the replacement Zarraffa’s Z Card by requesting such transfer via the form provided in the Member Portal or by calling Zarraffa’s Franchising on 07 5500 0800. Any Z$ not transferred within the time period specified in this clause, will be forfeited.
7. Z Card Program Changes
7.1Zarraffa’s Franchisingreserves the right at all times to make any changes to the Zarraffa’s Z Card Terms and Conditions, rewards or Benefits offered at its sole discretion, including but not limited to:
a) Changes to rules governing:
• Progress Summaries
• Program Quarters
• Base Z$ Rate
• Expiry of accrued Z$
• Awarding of Z$; or
b) Changes to Benefits offered.
7.2Zarraffa’s Franchising may, upon 14 days notice, revise and make any changes it sees fit to the Terms and Conditions governing the Zarraffa’s Z Card Program by:
a) giving notice to you via the mailing address, email address or SMS number provided to Zarraffa’s Franchising, as noted in the Member Portal; or
b) placing the revised terms and conditions on the Zarraffa’s Franchising website (www.zarraffas.com), in conjunction with the outgoing terms and conditions until the revised terms and conditions take effect following the 14 day notice period; or
Your use of the Zarraffa’s Z Card following any revision or changes to these Terms and Conditions shall constitute your acceptance of the revised terms and conditions. Zarraffa’s Franchising may in its discretion, request a Member to accept any revised terms and conditions at their next log in to the Member Portal.
8. Termination and Transfer
8.1Zarraffa’s Franchisingreserves the right to immediately suspend or terminate your participation in the Zarraffa’s Z Card Program if Zarraffa’s Franchisingreasonably believes that:
a) you have breached these Terms and Conditions; or
b) a person has engaged or may engage in fraudulent, misleading or dishonest conduct, or conduct is suspected to be fraudulent, misleading or dishonest in relation to your Zarraffa’s Z Card account or in a claim for allocation of Z$ to you;
c)you are no longer an Active Member; or
d)for any reason Zarraffa’s Franchising deems reasonable on 24 hours notice to you.
8.2Zarraffa’s Franchisingmay, at its discretion, cancel all or any Z$ that have been issued to you if your right to participate in the Zarraffa’s Z Card Program is suspended or terminated. In the case of this event, all your Z$ maybe forfeited without compensation.
8.3Notwithstanding paragraph 8.1 above, Zarraffa’s Franchisingreserves 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 you will cease to earn Z$, your existing allocation of Z$ will be forfeited and cancelled and Zarraffa’s Franchising shall have no further liability to you.
8.4You may terminate your participation in the Zarraffa’s Z Card Program at any time by giving Zarraffa’s Franchisingwritten notice. This can be done by writing to: Zarraffa’s Franchising Administration, PO Box 1600, Oxenford, Queensland 4210. On receiving a notice of termination from you, your Zarraffa’s Z Card will be recorded on the Zarraffa’s Franchisingdatabase as closed. You will cease to earn Z$, any remaining Z$ will be forfeited and your existing allocation of Z$ will be cancelled.
9. General Information
9.1You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Zarraffa’s Z Card, your participation in the Zarraffa’s Z Card Program, any Z$ earned, Zarraffa’s Franchisinggiveaways or vouchers issued or any other transaction within the Zarraffa’s Z Card.
9.2Any failure or delay by Zarraffa’s Franchisingin exercising its rights under these Terms and Conditions does not constitute a waiver of those rights by Zarraffa’s Franchising. Any waiver by Zarraffa’s Franchisingmust be in writing and signed by an authorised officer of Zarraffa’s Franchising.
9.3Except as provided in 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 Franchisingdoes 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 Franchising;
b) 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 Z$, a Zarraffa’s Z Card or other Benefit to you caused by circumstances beyond its control, including strikes or industrial disputes, acts of God, flood, weather, war or civil disturbance; and
f) any other liability, loss or damage incurred or suffered by any Member (or any other person) in connection with the Zarraffa’s Z Card Program.
9.5 Under the provisions of the Competition and Consumer Act 2010 (Cth), Zarraffa’s Franchising has obtained legal immunity under the third line forcing provisions for the Zarraffa’s Z Card Program from the Australian Competition & Consumer Commission (ACCC). Notification of this immunity can be found under Notification No. N93606 on the Public Register of Exclusive Dealings on the ACCC website at www.accc.gov,au.
9.6Zarraffa’s Franchisingmay give you notice:
a) by advertisement in a newspaper circulating throughout Australia;
b) by email or sms (to the last known email address or mobile number provided) or via the Zarraffa’s Franchising website (www.zarraffas.com);
c) in writing; or
d) in a Z Update.
9.7Where Zarraffa’s Franchisinggives you notice by post, you agree that, unless otherwise stated in these Terms and Conditions, the notice is deemed to have been given to you:
a) on the date of actual receipt of the notice or on the date it would have been delivered in the ordinary course of post, whichever occurs first; and
b) if it is sent to the last known address Zarraffa’s Franchisinghas for you in connection with the Zarraffa’s Z Card
9.8It is your responsibility to advise or update Zarraffa’s Franchisingof any change of name, address, telephone number, email address or other details as soon as the change occurs. All changes and/or updates can be made directly via the Member Portal. Zarraffa’s Franchisingis not responsible for any failure by you to notify Zarraffa’s Franchisingof the change which may result in the loss of Z$ or benefits. At its discretion, Zarraffa’s Franchising may require written proof of the changed or updated details.
9.9These Zarraffa’s Z Card 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 Queensland.
Zarraffa’s Coffee Privacy Notice
The following contains:
Important privacy information for the Zarraffa’s Z Card.
This privacy notice is provided to you by Zarraffa’s Franchisingand Zarraffa’s Z Cardand contains important information regarding the collection, use, disclosure, security and access of your personal information.
Collection
The information we collect includes:
• Information provided by you on the Application Form
• Transactional information when you shop using your Z Card such as, but not limited to, the store(s) you shopped at, when you shopped, your purchases and method of payment
• Information that we may gain from other sources relevant to the Z Card
• Information you may provide from time to time through contact with the Zarraffa’s Coffee Administration or that you provide on the Zarraffa’s Franchisingwebsite at www.zarraffas.com. Information regarding your payment preferences in conjunction with your Zarraffa’s Z Card.
Use and disclosure
To administer your card or Membership and provide you with Z$, Zarraffa’s Franchisingmay disclose your information to Specialist service providers such as, but not limited to: loyalty program administrators, data analysis specialists, statement producers, data mail houses, data processing organisations and specialist call centres.
Where such disclosures are made, your personal information will be protected through confidentiality agreements and other contractual obligations.
Zarraffa’s Franchisingmay use your information to keep you informed about special promotions, events, product launches and other special offers and discounts, relevant to the program and its Members through various communication channels unless otherwise advised. Zarraffa’s Franchisingmay also use your information for planning, research, marketing and product, service development and to contact you as a result of any dealing you may have had with Zarraffa’s Franchising or at a Zarraffa’s Coffee Store.
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.
For the prevention and detection of fraudulent activity, your information may be shared with law enforcement bodies and as and if required by legislation.
Safeguarding your information
Zarraffa’s Franchisingwill take all reasonable steps to ensure your personal information is protected from unauthorised access, misuse, modification and disclosure while stored or transmitted by us.
Each Member will be assigned a membership card upon enrolment in the Zarraffa’s Z Card. This number will be used for security of information and for identifying Members.
Access or Update your personal information
Zarraffa’s Z Card Members may access their personal information by visiting the Zarraffa’s Franchisingwebsite at www.zarraffas.com or by calling the Zarraffa’s FranchisingAdministration on 07 55 000 800, or writing to:
Zarraffa’s Franchising
Attn: Zarraffa’s FranchisingPrivacy,
PO Box 1600,
Oxenford, Queensland 4210.
Zarraffa’s Coffee reserves the right to charge a nominal fee to cover retrieval costs in the event of a complex and comprehensive request for access.